HomeMy WebLinkAbout05-08-19 YPC Packet111011119 M DEPARTMENT OF COMMUNITY DEVELOPMENT
Joan Davenport, AICP, Director
11 %Xk� uu:�; Dui k wi
PlOTY I° YAKIIMA
anning Joseph Calhoun, Manager
129 North Second Street, 2nd Floor, Yakima, WA 98901
ask.planning�yakimawa.gov • www.yakimawa.gov/services/planning
City of Yakima Planning Commission
PUBLIC MEETING
City Hall Council Chambers
Wednesday May 8, 2019
3:00 p.m. - 5:00 p.m.
YPC MPmhPrc-
Chairwoman Patricia Byers, Vice -Chair Jacob Liddicoat, Al Rose, Bill Cook, Robert McCormick,
Leanne Hughes -Mickel, and Philip Ostriem
Council Liaison: Kathy Coffey (District 5)
City Planning Staff:
Joan Davenport (Community Development Director), Rosalinda Ibarra (Community Development
Administrative Assistant), Joseph Calhoun (Planning Manager), Eric Crowell (Associate Planner),
Trevor Martin (Associate Planner), Colleda Monick (Community Development Specialist),
and Lisa Maxey (Planning Technician)
AGENDA
I. Call to Order
II. Roll Call
III. Staff Announcements
IV. Audience Participation
V. Approval of Meeting Minutes of April 24, 2019
VI. Submitted 2019 Comprehensive Plan Amendment/Rezone Application Docketing
VII. Discussion on Potential Text Amendments
• Wireless Communication Facilities (YMC Ch. 15.29)
Affordable Housing
VIII. Other Business
IX. Adjourn
Next Meeting: May 22, 2019
MIS
094
Audience Participation Slip (PLEASE PRINT)
Please complete this form for the record and submit it to the Clerk of the board prior to
addressing the Commission.
Name: Yr e v r (t.f c
Subject / Agenda Item Number(s), C
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Mailing Address � n
"Please provide your mailing address on this form. When addressing the Commission, state your
name and whether you live inside or outside the City limits.
The Commission welcomes input from the public both during "Audience Participation" and during
discussion of regular agenda items. Please note that the Commission meeting is being televised on
Y -PAC, cable channel 194. Profanity, personal attacks, derogatory remarks or other inappropriate
language or behavior are not be permitted.
Thank you for your comments.
04 -April 2019 Monthly Division Report w Backup Created on 5/1/2019
Permit Detail - April 1 - 30, 2019
Permit Detail - April 1 - 30, 2018
(mi"i"eu0 IlWo nllll'n
Year
to IID ale
(mi"ireir0IlWo nllll'n Year to IID ale
Types
#
Units
Valuation Types
#
Units
Valuation Types
#
Valuation Types
# Valuation
Single Family
8
8
$1,865,84127 Single Family
36
36
$8,574,788.70 Single Family
11
$3,145,289.28 Single Family
53 $12,684,944.64
Duplex
4
8
$839,31879 Duplex
14
28
$3,646,18463 Duplex
5
$1,451,092.26 Duplex
8 $2,313,288.72
Multi -Family
2
6
$425,880.00 Multi -Family
15
306
$25,337,466.60 Multi -Family
Multi -Family
Residential Alt
71
$1,211,51714 Residential Alt
161
$2,310,60616 Residential Alt
62
$627,105.40 Residential Alt
184 $1,975,211.891
Grading
1
Grading
1
Grading
Grading
1
New Com
3
$9,635,35670 New Com
20
$17,863,42871 New Com
3
$2,841,946.42 New Com
22 $19,882,59
Com Alt
31
$1,212,972.00 Com Alt
61
$4,252,58023 Com Alt
11
$318,168.00 Com Alt
62 $3,109,831.90
Garage -Residential
Garage -Residential
Garage Residentia
2
$88,674.48 Garage Residentia
8 $373,434.24
Moves
Moves
Moves
Moves
Demo
4
Demo
16
Demo
4
Demo
16
Pools
1pools
2
$254,850-001 Pools
1
$22,000.00 Pools
4 $260,300.00
Ft /Ftn
I Ft /Ftn
Ft /Ftn
Ft /Ftn
Mobile Home
3
Mobile Home
10
Mobile Home
Mobile Home
2
Retainin Wall
lRetaining Wall
lRetaining Wall
Retaining Wall
W991$8,494,275.84
TOTALI 1271
22
$15,190,885.901 TOTALI 3361
370
$62,239,905.03 TOTAL
TOTAL 13601
$40,599,606.65
04 -April 2019 Monthly Division Report w Backup Created on 5/1/2019
City of Yakima Planning Commission (YPC) Meeting Minutes
City Hall Council Chambers
April 24, 2019
Call to Order
Chairwoman Patricia Byers called the meeting to order at 3:00 p.m.
Roll Call
YPC Members Present: Chairwoman Patricia Byers, Al Rose, Bill Cook, Robert
McCormick, Leanne Hughes -Mickel, Philip Ostriem
YPC Members Absent: Vice -Chair Jacob Liddicoat (excused)
Staff Present: Joseph Calhoun, Planning Manager; Lisa Maxey, Planning
Technician
Council Liaison: Kathy Coffey, District 5 (absent)
Others: Sign -in sheet in file
Staff Announcements — Planning Manager Joseph Calhoun announced that four
Comprehensive Plan Amendment applications have been received. The deadline for submittal is
April 30th. Staff will provide a docket of all applications submitted at the Commission's meeting on
May 8th
Audience Participation - None noted.
Approval of Meeting Minutes of April 10, 2019 — Brief discussion took place on a section of the
minutes which detailed the items the Commission had consensus on. Calhoun made the
clarification that any consensus is not formalized until voted on at the public hearing. It was
motioned by Commissioner Rose and seconded by Commissioner McCormick to approve the
meeting minutes of April 10, 2019. The motion carried unanimously.
Discussion on Potential Text Amendments — Affordable Housing - Calhoun reported the
changes made to the draft since the last meeting.
Commissioner Ostriem entered the meeting at approximately 3:04 p.m.
Calhoun provided research on techniques used in other cities to encourage new housing of all
types. The Commission expressed interest in looking at the possibility of implementing SEPA
review exemptions for the downtown area and existing mixed-use areas.
Calhoun provided information on the concept of inclusionary housing ordinances that require set -
asides for affordable housing or payment into a fund for affordable housing. The Commission
agreed that it would be appropriate to get feedback from home builders, including non -profits, on
inclusionary housing ordinances. Staff will work with Bob Schroeter of the Central Washington
Home Builders Association to schedule a study session on this matter. The Commission
requested staff to look into what authority is needed to implement inclusionary zoning ordinances.
The Commission requested a summary of all the draft changes to the code that have been agreed
upon thus far in the process.
Calhoun reported that he is finalizing the draft changes to the Wireless Communications Facilities
chapter of the municipal code and is aiming to have it on the agenda for the next Commission
meeting on May 8th. If this is the last study session on the matter, the public comment period can
begin and the public hearing can be scheduled.
-1-
Brief discussion ensued on short-term rentals. This topic will be discussed in depth at a future
meeting. Discussion also took place on tax breaks. The Commission recommended inviting the
land lord association to the affordable housing study session.
Other Business — None noted.
Adjourn - A motion to adjourn to May 8, 2019 was passed with unanimous vote. This meeting
adjourned at 4:01 p.m.
Chairwoman Byers
Date
This meeting was filmed by YPAC. Minutes for this meeting submitted by: Lisa Maxey, Planning Technician.
-2-
111011119 M DEPARTMENT OF COMMUNITY DEVELOPMENT
Joan Davenport, AICP, Director
11 %Xk� �uuuu� a kwi
PlOTY I° YAKIIMA
anning Joseph Calhoun, Manager
129 North Second Street, 2nd Floor, Yakima, WA 98901
ask.planning�yakimawa.gov • www.yakimawa.gov/services/planning
DEPARTMENT OF COMMUNITY DEVELOPMENT
COMPREHENSIVE PLAN AMENDMENTS
SUMMARY OF REQUESTS
The Department of Community Development received six requests for
amendments to the Future Land Use Map for the 2019 amendment review
process. These include:
APPLICANT: AHBL Inc for UPI Property II LLC
FILE NUMBERS: CPA#001-19, RZ#002-19, SEPA#011-19
LOCATION: 14 & 16 E Washington Ave; 2308 S 1St St
PARCEL NO: 191331-414017 -414027 -41405 & -41406
AMENDMENT Change the Future Land Use map designation for four
REQUEST: parcels from Commercial Mixed -Use to Industrial and
rezone four parcels from General Commercial (GC) to Light
Industrial (M-1) for the purpose of changing the status of the
existing auto wrecking and dismantling business at this site
from legal nonconforming to conforming.
YaWnia,
m'mi'I°I
20115
094
APPLICANT:
John I Haas Inc
FILE NUMBERS:
CPA#002-19, RZ#003-19, SEPA#014-19
LOCATION:
1900 N 1St St
PARCEL NO:
181312-44026
AMENDMENT
Change the Future Land Use map designation for one
REQUEST:
parcel from Commercial Mixed -Use to Industrial and rezone
one parcel from General Commercial (GC) to Light Industrial
(M-1) in anticipation of future expansion of Haas' hop
storage and processing facilities.
APPLICANT:
FILE NUMBERS:
LOCATION:
PARCEL NO:
Les Heimgartner
CPA#003-19, SEPA#015-19
8014 Occidental Rd
181206-12454
AMENDMENT Change the Future Land Use map designation for one
REQUEST: parcel from Low Density Residential to Mixed Residential.
3
APPLICANT: City of Yakima Planning Division
FILE NUMBERS: CPA#004-19, RZ#004-19, SEPA#017-19
LOCATION: Vicinity of N 16th Ave & Hathaway St
PARCEL NO: 181314-41406, -41407, -41510, -41513, -41519, -41520 &
-41521
AMENDMENT Change the Future Land Use map designation for seven
REQUEST: parcels from Industrial to Commercial Mixed -Use and
rezone seven parcels from Industrial (M-1) to General
Commercial (GC). This change will correct a mapping error
that occurred during the 2006 Comprehensive Plan update.
4
APPLICANT: Forrest Emmons
FILE NUMBERS: CPA#005-19, SEPA#021-19
LOCATION: 618, 622, 702, 706, 710, & 714 W J St
PARCEL NO: 181313-24435, -24436, -24437, -24438, -24439 & -24440
AMENDMENT Change the Future Land Use map designation for six
REQUEST: parcels from Industrial to Commercial Mixed -Use.
5
APPLICANT: Digital Design & Development c/o Leanne Liddicoat for River
16 LLC
FILE NUMBERS: CPA#006-19, RZ#006-19, SEPA#022-19
LOCATION: 1601, 1607, 1611, 1703 & 1725 River Rd
PARCEL NO: 181314-11411, -11412, -11413, -11414 & -11553
AMENDMENT Change the Future Land Use map designation for five
REQUEST: parcels from Mixed Residential to Community Mixed Use
and change the zoning from Multi -Family Residential (R-3)
to Local Business (B-2).
rel
City of Yakima Cell Tower Applications
Permit Number
Date Submitted Wireless Carrier
Site Address
Application Type
Date Approved
CELL#002-15
3/6/2015 T -MOBILE
1017 S 18TH AVE
Major Modification
N/A; withdrawn
CELL#002-14
2/27/2014 SPRINT
6 N 6TH ST
Minor Modification
5/19/2014
CELL#004-14
3/3/2014 SPRINT
1013 S 38TH AVE
Minor Modification
4/18/2014
CELL#003-14
3/3/2014 SPRINT
1120 N 34TH AVE
Minor Modification
4/18/2014
CELL#005-14
3/7/2014 VERIZON
1120 N 34TH AVE
Minor Modification
4/18/2014
CELL#008-14
3/13/2014 SPRINT
30 W MEAD AVE
Minor Modification
4/18/2014
CELL#006-14
3/13/2014 SPRINT
1701 W NOB HILL BLVD
Minor Modification
4/18/2014
CELL#009-14
3/13/2014 SPRINT
5905 SU MMITVIEW AVE
Minor Modification
4/18/2014
CELL#007-14
3/13/2014 SPRINT
300 S 76TH AVE
Minor Modification
4/18/2014
CELL#010-14
3/24/2014 SPRINT
2811 TIETON DR
Minor Modification
5/19/2014
CELL#011-14
4/28/2014 T -MOBILE
6 N 6TH ST
Minor Modification
6/30/2014
CELL#012-14
5/20/2014 VERIZON
2811 TIETON DR
Minor Modification
6/2/2014
CELL#013-14
6/4/2014 VERIZON
5301 TIETON DR STE A
Minor Modification
7/3/2014
CELL#014-14
7/29/2014 AT&T
208 W YAKIMA AVE
Minor Modification
11/26/2014
CELL#015-14
8/4/2014 SPRINT
1515 N 6TH AVE
Minor Modification
9/5/2014
CELL#016-14
10/20/2014 AT&T
6 N 6TH ST
Minor Modification
12/15/2014
CELL#017-14
10/24/2014 AT&T
6 N 6TH ST
Minor Modification
11/19/2014
CELL#019-14
11/7/2014 SPRINT
30 W MEAD AVE
Minor Modification
12/16/2014
CELL#020-14
11/17/2014 AT&T
3411 FRUITVALE BLVD
Minor Modification
12/10/2014
CELL#021-14
11/19/2014 SPRINT
30 W MEAD AVE
Minor Modification
11/26/2014
CELL#001-15
1/7/2015 AT&T
2811 TIETON DR
Minor Modification
1/15/2015
CELL#003-15
7/6/2015 T -MOBILE
4906 TIETON DR
Minor Modification
7/30/2015
CELL#005-15
11/23/2015 AT&T
200 N 70TH AVE
Minor Modification
12/7/2015
CELL#001-16
2/18/2016 AT&T
1001 MADISON AVE
Minor Modification
3/11/2016
CELL#002-16
2/18/2016 AT&T
2811 TIETON DR
Minor Modification
3/11/2016
CELL#003-16
2/18/2016 AT&T
1010 W NOB HILL BLVD
Minor Modification
3/11/2016
CELL#004-16
2/18/2016 AT&T
4906 TIETON DR
Minor Modification
3/11/2016
CELL#005-16
3/22/2016 AT&T
200 N 70TH AVE #2
Minor Modification
4/4/2016
CELL#006-16
3/29/2016 AT&T
208 W YAKIMA AVE
Minor Modification
4/5/2016
CELL#007-16
I 4/l/2016IT-MOBILE
16 N 6TH ST
Minor Modification
1 4/28/2016
CELL#008-16
4/5/2016 AT&T
16 N 6TH ST
Minor Modification
4/28/2016
CELL#011-16
12/9/2016 VERIZON
12811 TIETON DR
Minor Modification
2/15/2017
CELL#012-16
12/30/2016 AT&T
1200 N 70TH AVE
Minor Modification
1/11/2017
Created on 05/03/2019
City of Yakima Cell Tower Applications
Permit Number
Date Submitted Wireless Carrier
Site Address
Application Type
Date Approved
CELL#001-17
2/21/2017 VERIZON
1716 GORDON RD
Minor Modification
4/10/2017
CELL#002-17
2/23/2017 VERIZON
1120 N 34TH AVE
Minor Modification
4/19/2017
CELL#003-17
3/6/2017 AT&T
3411 FRUITVALE BLVD
Minor Modification
3/15/2017
CELL#004-17
3/16/2017 AT&T
4906 TIETON DR
Minor Modification
3/18/2017
CELL#005-17
3/16/2017 T -MOBILE
6 N 6TH ST
Minor Modification
3/18/2017
CELL#006-17
3/17/2017 US CELLULAR
215 N 3RD AVE
Minor Modification
4/24/2017
CELL#007-17
4/7/2017 SPRINT
1120 N 34TH AVE
Minor Modification
5/4/2017
CELL#008-17
4/19/2017 SPRINT
1120 N 34TH AVE
Minor Modification
5/11/2017
CELL#009-17
4/19/2017 SPRINT
300 S 76TH AVE
Minor Modification
5/8/2017
CELL#010-17
4/19/2017 SPRINT
1515 N 6TH AVE
Minor Modification
5/9/2017
CELL#011-17
6/6/2017 AT&T
1001 MADISON AVE
Minor Modification
7/18/2017
CELL#012-17
6/29/2017 VERIZON
1205 S 18TH ST
Minor Modification
7/5/2017
CELL#013-17
6/30/2017 VERIZON
1608 S 24TH AVE
Minor Modification
7/5/2017
CELL#016-17
7/3/2017 SPRINT
1013 S 38TH AVE
Minor Modification
8/2/2017
CELL#014-17
7/6/2017 VERIZON
414 S 88TH AVE
Minor Modification
7/11/2017
CELL#015-17
7/6/2017 SPRINT
1701 W Nob Hill
Minor Modification
7/10/2017
CELL#017-17
7/14/2017 VERIZON
2811 TIETON DR
Minor Modification
7/19/2017
CELL#018-17
7/20/2017 VERIZON
6501 W WASHINGTON AVE
Minor Modification
7/25/2017
CELL#019-17
8/17/2017 VERIZON
1014 S 6TH AVE
Minor Modification
8/22/2017
CELL#020-17
10/16/2017 AT&T
1010 W NOB HILL BLVD
Minor Modification
10/20/2017
CELL#021-17
11/1/2017 MOBILITIE LLC
4120 W POWERHOUSE RD
Minor Modification
N/A; withdrawn
CELL#022-17
11/29/2017 VERIZON
308 E YAKIMA AVE
Minor Modification
2/6/2018
CELL#001-18
1/19/2018 SPRINT
30 W MEAD AVE
Minor Modification
3/23/2018
CELL#001-18
1/19/2018 SPRINT
30 W MEAD AVE
Minor Modification
3/23/2018
CELL#002-18
1/19/2018 SPRINT
5905 SU MMITVIEW AVE
Minor Modification
3/23/2018
CELL#003-18
2/13/2018 WIRELESS HORIZON INC
1515 N 6TH AVE
Minor Modification
2/26/2018
CELL#003-18
2/13/2018 WIRELESS HORIZON INC
1515 N 6TH AVE
Minor Modification
2/26/2018
CELL#004-18
5/22/2018 AT&T
3411 FRUITVALE BLVD
Minor Modification
7/6/2018
CELL#006-18
7/9/2018 US CELLULAR
1301 S FAIR AVE
Minor Modification
7/24/2018
CELL#007-18
I 8/13/2018IT-MOBILE
16 N 6TH ST
Minor Modification
8/22/2018
CELL#008-18
8/13/2018 SPRINT
16 N 6TH ST
Minor Modification
8/23/2018
CELL#009-18
8/27/2018 T -MOBILE
1100 S 16TH AVE
Minor Modification
9/13/2018
CELL#009-18
8/27/2018 T -MOBILE
1100 S 16TH AVE
Minor Modification
9/13/2018
Created on 05/03/2019
City of Yakima Cell Tower Applications
Permit Number
Date Submitted Wireless Carrier
Site Address
Application Type
Date Approved
CELL#010-18
8/29/2018 SPRINT
2811 TIETON DR
Minor Modification
9/13/2018
CELL#011-18
9/5/2018 T -MOBILE
112 N 3RD AVE
Minor Modification
9/13/2018
CELL#012-18
10/8/2018 AT&T
6 N 6TH ST
Minor Modification
10/31/2018
CELL#012-18
10/8/2018 AT&T
6 N 6TH ST
Minor Modification
10/31/2018
CELL#013-18
10/17/2018 AT&T
4906 TIETON DR
Minor Modification
11/14/2018
CELL#014-18
12/19/2018 US CELLULAR
215 N 3RD AVE #F
Minor Modification
1/11/2019
CELL#001-19
2/7/2019 SPRINT
1515 N 6TH AVE
Minor Modification
3/8/2019
CELL#002-19
3/4/2019 AT&T
2811 TIETON DR
Minor Modification
Under review
CELL#004-19
3/4/2019 AT&T
200 N 70TH AVE
Minor Modification
Under review
CELL#003-19
3/5/2019 AT&T
1001 MADISON AVE
Minor Modification
Under review
CELL#005-19
3/6/2019 SPRINT
1013 S 38TH AVE
Minor Modification
3/20/2019
CELL#006-19
3/12/2019 T -MOBILE
4906 TIETON DR
Minor Modification
3/25/2019
CELL#008-19
4/15/2019 VERIZON
1608 S 24TH AVE
Minor Modification
4/26/2019
CELL#018-14
11/5/2014 VERIZON
609 N 20TH AVE
Standard Wireless
1/26/2015
CELL#004-15
7/17/2015 T -MOBILE
1100 S 16TH AVE
Standard Wireless
9/11/2015
CELL#009-16
9/20/2016 MOBILITIE LLC
2001 LONGFIBRE RD
Standard Wireless
N/A; withdrawn
CELL#010-16
9/20/2016 MOBILITIE LLC
3907 RIVER RD
Standard Wireless
N/A; withdrawn
CELL#005-18
5/31/2018 AT&T
417 N 20TH AVE
Standard Wireless
8/30/2018
CELL#007-19
3/25/2019 AT&T
1014 & 1112 E NOB HILL BLVD
Standard Wireless
Under review
CELL#009-19
I 5/1/2019 AT&T
11805 S 24TH AVE
Standard Wireless
Under review
SUMMARY OF PERMITS SUBMITTED
BY YEAR:
Minor Modifications
Standard Wireless
Total
2014
19
1
20
2015
4
5
9
2016
10
2
1.2:
2017
22
0
22
2018
17
1
1.3
2019
7
2
9
3 Created on 05/03/2019
City of Yakima Planning Commission
May 8, 2019
Modifications to YMC Ch. 15.29 — Wireless Communications Facilities
1. Background
After the initial meeting on March 13, 2019, staff incorporated several changes as proposed by
wireless industry representatives. These changes provide numerous updated definitions for
consistency with FCC regulations, process and procedure for small wireless facilities, and the
removal of outdated and non -existing processes such as balloon tests.
2. YMC Ch. 15.29 Draft Edits
The attached track changes document identifies the draft edits presented by Wireless Policy
Group and Staff.
3. Wireless Permit Report
... ......... ......... ........ ......... ......... ......... ........ ......... ......... ......... ......... ........ ......... ......... .........
The attached report provides a list of all CELL permits since 2014.
....... ........ ......... ......... ......... ......... ........ ......... ......... ......... ........ ......... ......... ......... ......... .........
4. Tower Heiaht Limits in other Jurisdictions
Ellensburg:
....... ........ ......... ......... ......... ......... ........ ......... ......... ......... ........ ......... ......... ......... ......... .........
15.340.070 Commercial wireless communication support towers, antenna arrays and facilities.
Ql21 SHARE
A. Residential Zones — Type I Review lIiror ss. Commercial ilr .less...�:gimimu irrii a icairi �I„P.pcaq„jcay�c irk,
antenna arrays and facilities which do not exceed 47 feet in l]c iglLri from adjacent girgc�c shall be permitted
in all residential zones subject to the setback requirements as set forth for
other..L). uilcjiirrc 2. and i.iruur,tu.ulr. s. in the zone. Said commercial wireless facilities which exceed 47 feet
m 'Lrc igl�ri from adjacent 'glrg c1p shall be permitted uses in all residential zones; provided, however, they
shall maintain a minimum setback of 300 feet from any property line.
B. Commercial, Industrial and Public Reserve Zones — Type II Review'.l'irg.cess. Commercial v�ilrc�l ss.
9.2.M. m!12.129jlcairr...�uu„ua�acal�„ jcay�c lr�, antenna arrays and facilities shall be permitted uses in all commercial,
industrial and public reserve zones of the gij,y; provided, that they are not greater than 12 feet
m'Lr is l�ri above the'huilcjingr „on which they are located, or 12 feet in'I�r iglljl above adjacent'l�uuilcliirrq 1.
Such commercial wiireless c oimlmuinic gA oirr suuµ�uacairi icav�c irk, antenna arrays and facilities greater than 12
feet in 'I�rc„gyri above the 'ju �ilc�iirrg on which they are located or greater than 12 feet m 'I�rc„gyri above
adjacent bu ilc�iings; shall be permitted; provided, however, they are located at least 150 feet from any
residential zone. In addition, commercial wireless communication ante mina arirays shall be permitted uses
on the city of Ellensburg water tower, located in the northeast quarter of the northwest quarter, Section 1,
Township 17 North, Range 18 East, Willamette Meridian, commonly referred to as Craig's Hill; provided,
that they do not extend more than four feet in :Ih7e�ign. above the tallest point of the water tower. Associated
facilities shall also be permitted uses. Associated facilities shall not exceed 12 feet in Ihe�iglhtfrom
ground 2 e vatioin and shall be contained with a defined and vegetated, screened, city -maintained
compound, approximately 8,000 square feet in size. Self-supporting towers and associated facilities must
adhere to all the conditions set forth in this section.
C. Subject to':IIuIlc�iinr Permit Review. All wireless antenna arrays and
facilities shall require a c„i.:ry of Ellensburg H. u2ildiinq permit if the tower or facility is greater than six feet
in 'L.P�J..,qhl measured from adjacent :qirg.�° and all such towers over six feet shall submit the manufacturer's
structural engineered plans for the erection of such towers. Any such towers or facilities located on public
reserved zoned property shall be reviewed by KITTCOM prior to the issuance of a builcj_iing. permit.
D. Facilities within an Ellensburg ':II ani mairlk I'DistIrict. Construction of a wirelesslcornmu�lnicaticln su�„II'„p�clr�,
rowe ir, wireless communication antenna array or vwiire�Ie�s ...core rru ini.catioin fgciI„l ow, within an
Ellensburg ',Ia name irlk c i.�t..iEict are subject to the procedures set forth in ECC � 5,280,090 and are reviewed
as a Type 11 il2e LM.it.., per ECCI S,:2 I ..: (B).
Sammamish
(3) Height Standards.
(a) Measurement of WCF. For purposes of this subsection, the height of the antenna support structure
shall be measured from the natural undisturbed ground surface below the center of the base of the tower
to the top of the tower or, if higher, to the top of the highest antenna or piece of equipment attached
thereto.
(b) Maximum Height for New WCF. The height of any new WCF shall not exceed the height provided in
the table below.
Maximum Height of
New Antenna
Locations
Support Structures
CB, 0
80'
Locations
Maximum Height of
New Antenna
Support Structures
NB
40'
R-1 — R-8, TC -C and TC -E
40'
R-12 — R-18
60'
TC -A, TC -B and TC -D
80'
Principal arterial rights -of-
way
120'
Minor or collector arterial
rights-of-way
80'
(c) Maximum Height for Replacement Antenna Support Structure. The height of an antenna support
structure that replaces an existing antenna support structure shall not exceed the higher of the height of
the existing antenna support structure being replaced or the maximum height provided in the table above
for new antenna support structures.
(d) Maximum Height Above Top of Antenna Support Structure. The highest point of an attached antenna
shall not be more than 20 feet above the highest point of the antenna support structure (not including
any attached antenna) to which it is attached.
(e) A new antenna support structure may be permitted to exceed the maximum height allowed per
location, provided:
(i) The increase is consistent with all conditions of the CUP authorizing the use and subsequent
approvals thereafter;
(ii) The existing conditions and the proposed changes are not in violation of the SMC;
(iii) The height increase is made necessary by foliage attenuation from foliage in the proposed
location of the antenna support structure that exceeds the maximum height allowed for antenna
support structure for that location;
(iv) The height increase is the minimum necessary for the effective functioning of the provider's
network; and
(v) A nonconformance shall not be created or increased, except as otherwise provided by this
chapter.
Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
Chapter 15.29
MAIN IN11a0-MK/J►iQi111►1[K1NN161 1;1&TOIaINIO R
Sections:
15.29.010
Purpose.
15.29.020
Definitions.
15.29.030
Exemptions.
15.29.040
Permits required.
15.29.050
Application submittal/fees.
15.29.060
Development standards.
15.29.070
Design criteria.
15.29.080
Site selection standards.
15.29.090
Safety and industry standards.
15.29.100
Wireless conditional use permit criteria.
15.29.110
Wireless height variance.
15.29.120
Application review process.
15.29.130
Bf44+on t��—Visual impact assessments.
15.29.140
Third -party review.
15.29.150
Nonuse/abandonment.
15.29.160
Transfer of ownership.
15.29.170
Vacation of permits.
15.29.180
Violation Penalty.
15.29.190
Relief, waiver, exemption.
15.29.200
Severability.
Page 275/315
15.29.010 Purpose.
The purpose of this chapter is to establish general guidelines for the siting of facilities,
including towers, antennas and support structures.
A. Goals. The goals of this chapter are to:
1. Enhance the ability of wireless service providers to provide such services throughout the city
quickly, effectively, and efficiently;
2. Encourage wireless service providers to locate towers and antennas in nonresidential areas;
3. Encourage wireless service providers to co -locate on new and existing tower sites;
4. Encourage iwireless service providers to locate towers and antennas, to the extent possible, in
areas where the adverse impact on city residents is minimal;
5. Encourage wireless service providers to configure towers and antennas in a way that minimizes
any significant adverse visual impact; and
6. Provide for the wireless communications needs of governmental entities.
Accordingly, the city council finds that the promulgation of this chapter is warranted and necessary:
1. To manage the location of towers and antennas in the city;
2. To protect residential areas and land uses from potential adverse impacts of towers;
3. To minimize adverse visual impacts of towers through careful design, siting, landscape, screening, and
innovative camouflaging techniques;
Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
Page 276/315
4. To accommodate an increased need for towers to serve the wireless needs of city
residents;
5. To promote and encourage col location on existing and new towers as an option rather than constriction of
additional single -use towers, and to reduce the member of such structures needed in the future-,
6. To consider the public health and safety of towers to the extent permitted by the Telecommunications Act
of 1996; and
7. To avoid potential damage to adjacent properties through sound engineering practices and the proper siting
of antenna support strictures.
B. New Uses. All new towers, small facilities antennas and support strictures
shall comply with this chapter
C. Existing Uses. All towers and antennas existing on the effective date of the ordinance
codified in this chapter that are not in compliance with this chapter shall be allowed to continue as they presently
exist, but will be considered nonconforming uses. Routine maintenance shall be permitted on existing towers and
antennas. However, new constriction other than llq b�G�� lMlr i4 fall r,l4dtlll lar r°� l 4lll...P, lO2(a) arf` �N14 ;4�II14141ft�
ur4 if lc°���.
Class I ,c, IP ll4 f rlli(l .larlr of`: 0J 2 aii(( 17 C P� lit c� ioii 1 P,100 ail(i routine maintenance ar + t! N; �H; +#
�r w rt r lkll9s a4a4 rr 1��4114h�a4ti��.oF or9 i a,,. [`raQ4; 4 s shall comply with the requirements of this chapter.
D. Facilitation of Wireless Service. These standards were designed to comply with the Telecommunications Act of
1996. The provisions of this chapter are not intended to and shall not be interpreted to prohibit or to have the effect
of prohibiting lr d SOR+tl...wireless services. This chapter shall not be applied in such a manner as to unreasonably
discriminate between providers of functionally equivalentwireless services.
E. Conflict with Other Standards. To the extent that any provision of this chapter is inconsistent or conflicts with
any other city ordinance this chapter shall control. Otherwise, this chapter shall be construed consistently with the
other provisions and regulations of the city. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A)
(part), 2013).
15.29.020 [mPilDefnitions.
For the purpose of this chapter, the following terms shall have the meanings ascribed to them below. Additional
definitions pertaining to the Yakima urban area zoning ordinance can be found in Chapter 15.02 YMC.
"Abandonment" means to cease operation for a period o �1G, rn4, Nlrl[i4f14 4l, sixty- [i11 or more consecutive days.
„
"Administrator" means the director of the city's department of community development and his or her designees.
"Antenna" means wrprinllrl „ � 4 ,ta...lV4°� for „ � l4 �rrll�flar „� ar 4 llllllll�y. nt4 lar l4 � rl4 114�`� l l...l�rl4 lftlla➢ll gar arl:..
I�N14 l3l'M i ,larll arf` �t ll4 f4 „„ „� r' JCC HWV wr?Nk alar;.,..
ar�rt l'�tlllly?
from �l f`l'<r°�h abr°ftl;larll f'
or 14r1�. �. tl,4.INlarl'l�<t1:larll ar�„ .. ..
ra+,Edi 4 d a+d,4,�-tip
l�w r°4 l�ti �a4�ti� arfb:..ti lti Q°1l�ar:�rlrat�a4� Vl�c °�v�4'titi ��; �5�4tl lau�� fa+4�%��r wM�>td�lfllp�-,a��9 ral9rar°17w 4�i�1ar rr..lar����w ;�-��9l�tpr°9t+�t�a art lea+�;[r�i���t��
>t+�t"�wr��- arf �lar'til4�.lV4�,
lM` H 4?s u r ° k°AQ°v; [ll?"[dd4llllrya G°4'V4 l4"t V4" [.q u u l4 ft!'ar;Ntzp dd l4" kIC6rV 'u u4 l' "r v'a l'4 �4 "r"r°°
14 lw Q;���r;Nl4Mlt+�au-Q°rag Car�t��. �,-t"ti Cr°�,.Mr tw9f(f��l�rrs�b [`t�w �ftr-ti a��r°�4 �r �atw9N7��rt�Cr^4 r�i„� fry 91�� 1 w r�%�u�rtd �. ��rzru:Mtt+�a��CQ°ra�(�Car�t�r �. a�rrMtrMtC � �rwra�� [hrt.,..
�.r, l[-tplrtt� „ti,ll�l�kll?°r�4i� �[rt Q°t�tl���� r�i�zw:us-rfr�f4 t�rtr�i��ar� rteu�ri� f>� t��r��na��raf r°arrttrMtt+�a��CQ°r�tt9Cara��� ��,�t"ti Cr°� �r �' 1w fw r°��rtb�rMtt+�a���Q,���t1C��ra�.�...
��+-1"tiro r��r rrll�4°r��1 � rt99wra4�4�%raa4J fr�t �w J�tir��rAa-:
„.,� lll,„4 llll�t 4 l�lp C�rZNG4 14,1 ZNG4 if l�..' 4 4`CNC�r(,N G4 111 rVb C14"Il4 r....,���Cl�C ll rr :.,.4 if lYf Cll y?., �}Qr ���4 1:.., rQrtNl4 4 i rll4 fl4 ��r Qrl� ("�l�lCll4 I r if ^i rQr4"Cifl4 4,1,.....
l i' llall alll4tlma larcak 4l fd samfi"<x(l larca�loll as lMl4 alll4 hila all4l b'l74 ll coll4rl°a 41 oll ft ,ll'ldl"ll4l`4 l3 lNlarl4lll( 4
or ar� samr as stcll alll4 111 a
"Antenna height" means the vertical distance measured from the base of the antenna support structure at natural
grade to the highest point of the stricture even if said highest point is an antenna. Measurement of tower height shall
include antenna, base pad, and other appurtenances and shall be measured from the natural grade of the parcel at the
lowest elevation point of the support stricture's perimeter. "Antenna support stricture" means any pole, telescoping
Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
Page 277/315
(M) .A pp { r1pp� i�,°a1 io11 i4 f'Mf4 4l rvM�N7:...
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�N74 S12t14 or l,a,r°,1f ;...4rt4 1'111Mt4 tti� 1411414 r, �N7M r r�.
iwlllM � u�fMt4 111 4i4;�.rr°1Mlrt 4k.M11 (i) 1Ilr rrN.a'.M7:...
(MM) of �N7M r 17Mr r l>t 4 11 1�4 � i4 rr�4 4l Mrt C � � �N74 a;11.�1.�fia��MP 1��� /hilly? or rM�x11;r ��1�ar�t r r or t. IW4 1,�...
,141 1 � ai��vrn�h upp�,f
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pr°t rr rn�p 11 Mf'u�Mf >rp4pt Ir14Ml;� f`a,1��N74;.
�1arri4fM11�r r1Ns°N7 st4ppll.:.
w 1 a,1� ar S�°1M4pr„ 6/109(a) ppf'�k,, ] rcr n,r° 4g° lrO Jl iMaY11 ar .. fl ,....> a114 17., C
11
�h
S�, lM1Nt4 �il,r° rej(:,ralll r1pp� ica, iar11 is f`Mf4 4l �iM ll �N74 ciM N...
t �°ltaYll 1 P;1,.1)ll �N74 .:1.4 1'lMt 4b,f°�r aY1 Mfr°f144N4° �M1,rrlr �1�14r„�141�4� t�M��clt 014 ... ...
a
14114 4"1` l lM, ,�'4lMUY1l 4iuYt r 114rVE�Vplrl�4r1`t,4r1` luYlp`,�69 � t�14M�71MU 11l 4 C�i1CM )4 4i:..Mll 7ft1`ft'?1`�t 71, �1 -4MM) of l lM, ,�,a,;,IMaYIl..:,
rp....4t4:411th -oF X44 -p p>oH s#rH(�444+tl ('4surf+s4fRq,t or , Prtd,4rn tsar � r°t 4bw l �r rt411w a4a4 � r 4°arrpb�4rrf E44t 4?::..rt 1w "�41 tF rt;+d,..
f> f>o''�OFsH pf y; �m(4 roaNi 1 rt�r,ap�°f tr°4�i..4 lw 4° rparl�°fx, 4.4.14441 sr , H �,4HH:4H-H adI+H r,4WH 1-1d of 4o44+H- s ra1+...
iarrp =MSEN: d ,w+o of �p [4 �d.....��9rp9Mar11 rp114i 4 ars �rlw >�p�r��d �r444°dr...
w �f44�M���lwrrf�rp11�� �w r°dr�a4�arf��rti�.f�-° r°4rar�f`4��44�1��dmrsr., Mar4°f4.44f�411ti� 4Pr�f�~rvtrf(r4+�9wM4�i�rt111w ar-ttirp �r� �r�4,.lwra� r�114&...�4Mlrpdf �°pdd�r.,,
"Camouflage" means to minimize adverse aesthetic and visual impacts on the land, property, buildings, and other
facilities adjacent to, surrounding, and in generally the same area as the requested location of such wireless
telecommunications facilities, which shall mean using the least visually and physically intrusive facility that is not
technologically impracticable tinder the facts and circumstances. The term includes, without limitation: (a) the use of
structures, design, colors, landscaping and location to disguise, hide, blend, or integrate with an existing stricture
that is not a monopole or tower; (b) placement of a wireless facility or component thereof within an existing or new
stricture; (c) "stealth strictures” in which the antenna or other wireless facility component is disguised or concealed
within a structure designed to appear as another stricture (such as a church steeple or flagpole) or another natural
form (such as a tree, rock or other natural feature); and (d) placement of a wireless facility or component thereof
upon a site where the topography and existing trees, landscaping, evergreen trees, design, and colors of the facility
so that such facility is significantly screened from view or designed to resemble or blend with surrounding natural
features.
"Cell site" or "site" means a tract or parcel of land that contains wireless service facilities including any antenna,
support stricture, accessory buildings, and parking, and may include other uses associated with, and ancillary to,
wireless services.
"City" means the city of Yakima.
Chapter 15.29 WIRELESS COMMUNICATION Page 278/315
FACILITIES
"City property" means all real property owned by the city whether in fee ownership or other interest.
"Conditional use permit" or "CUP" means a process and approval as described in this chapter and in YMC Title 15,
Yakima Urban Area Zoning Ordinance.
"COW" means "cell on wheels" or other temporary wireless facility.
"Design" means the appearance of wireless service facilities, including such features as their materials, colors, and
shape.
"EIA" means the Electronics Industry Association.
"Equipment enclosure" means a stricture, shelter, cabinet, or vault used to house and to protect the electronic
equipment necessary for processing wireless communication signals. Associated equipment may include air
conditioning, backup power supplies and emergency generators.
"Excess capacity" means the volume or capacity in any existing or future duct, conduit, manhole, handhold or other
utility facility within the right-of-way that is or will be available for use for additional telecommunications facilities.
"Facilities" means all of the plant, equipment, fixtures, appurtenances, antennas, and other facilities necessary to
furnish and deliver telecommunications services and cable television services, including but not limited to poles
with cross -arms, poles without cross -arms, wires, lines, conduits, cables, communications and signal lines and
equipment, braces, guys, anchors, vaults, and all attachments, appurtenances, and appliances necessary or incidental
to the distribution and use of telecommunications services and cable television services.
"FCC" or "Federal Communications Commission" means the federal administrative agency, or lawful successor,
authorized to regulate and oversee telecommunications carriers, services and providers on a national level.
"Governing authority" means the city council of the city of Yakima.
"Governmental entity" means the state of Washington, Yakima County, the city, municipally owned utilities, and
special purpose districts including the school, fire and library districts.
"Hearing examiner" means the duly appointed hearing examiner of the city.
"Major modification" means a co -location or other modification that constitutes a substantial change to an existing
wireless facility or base station as set forth in YMC 15.29.060(A)(2).
"Minor modification" arG giNr , IR, means a col location or other modification that does not
constitute a substantial change to an existing wireless facility or base station as set forth in YMC 15.29.060(A)(1).
"Modification" or "modify" means the addition, removal or change of any of the physical and visually discernible
components or aspects of a wireless facility, such as antennas, �r�i�� �i�i�r 4 �rt,Nc��zMG4 �i�,..,._cabling, equipment shelters,
landscaping, fencing, utility feeds, changing the color or materials of any visually discernible components, vehicular
access, parking and/or an upgrade or change -out of equipment for better or more modern equipment. Adding a new
%,1i4H dw S S Q 4tpp+ oF provider to a tower or site as a co -location is a
modification. A modification shall not include repair and maintenance as defined by this chapter.
Chapter 15.29 WIRELESS COMMUNICATION Page 279/315
FACILITIES
"Mount" means the stricture or surface upon which wireless service facilities are mounted. There are three
types of mounts:
1. Building Mounted. A wireless service facility mount fixed to the roof or side of a building.
2. Ground Mounted. Awireless service facility mount fixed to the ground, such as a tower.
3. Structure Mounted. A wireless service facility fixed to a structure other than a building, such as light
standards, utility poles, and bridges.
"Natural grade" means the topographic condition and level of ground in place for the past five years or more, or the
approved finished grade of land platted through the subdivision process.
"Occupy" means to construct, install, maintain, own, or operate telecommunications facilities located within city
rights-of-way. The mere passage of electronic signals over, under, or through rights-of-way via telecommunications
facilities owned by another telecommunications provider does not constitute occupying the rights-of-way.
"Overhead facilities" means utility facilities and telecommunications facilities located above the surface of the
ground, including the underground supports and foundations for such facilities.
"Person" means corporations, companies, associations, joint stock companies, firms, partnerships, limited liability
companies, other entities and individuals.
�,�4iH Iw?ss G HQ°t '4�4H k?SS td P, eo I`�rQ°c �acw wcGw C4��R�ax I`�� ° & � �° �a� .f`�Q°cd�a.xw WKA ili Mics s1+4d....
I[1 9d k r �a+4" t Swek(� "`: ff,` 1✓)f�. �.,, rl�; 6° 111ra 1bk,! lw Il4h k V+o%:-oF �V 9� �4w lwFt!,
1 Y1lf Cdd� �`raQ°lCl9la, r f`ara �d 4 Il'lkV4 �tittl �lfYV4 ani �cd.° Cpl ��s of, Fr 44o of si#1+,tk +r d,-k)F
Q:O444441 p 4OR �>� a � �ra4ral 4°ar4�tllw4a+a4�Q° 4��4ra4 1 �4 ��°fx...4 �id4�� ,4fl �;p44 Q° 44d1� 4 1�4� abPnldw HK440 rH+d 4-r4a
"rd- 1"ti pf"4 tir Cif"4.31 ud414Y�'�-1 Ml4 � �.-�. (aI141"d�4� if"t Il ud�M4.1•. vv'a ll`4°l�a^"rxr wd- 1"ti Af"4�,�i:
,II `� ....
aYl` lMtft„
�.fl rllat or ,imilftl,,,,,,,
7 tli lf, aYl` aYl` �ll`4 kVCru° iu'4➢lMtlMtl4„lllf"fl �4bV,. 4 4 c°lk,lf° 4 i`� 1`t,"FVp i4b�YI l' 1llIC4CSI lf, f°aYllll`aY,,,,
11411"rlaYll aYl`faYl` collocalionnbl slllall. 4b ll4 6,��
f`�l4°lCll14 r� �rr4b�14tl4�4f >rN4°N7 14 nztl 4Pa,4 r llw lll�°Ir,;N,4f4 4l
"Protected areas" are: (a) the area commonly known as the Barge -Chestnut Neighborhood situated within the area
bounded on the west by 36th Avenue, on the north by Summitview Avenue, on the east by 16th Avenue, and on the
south by Tieton Drive-, (b) established federal, state or local historic districts or historic district overlay zones-, (c)
proposed federal, state or local historic districts or historic district overlay zones filed for record with the federal,
state or local agency with jurisdiction (hereafter "pending" historic district or overlay zones); (d) sites, buildings,
structures or objects listed in the National Register of Historic Places-, (e) state and local wildlife refuges, and
permanently protected archeological sites-, and (f) designated areas subject to preservation or protection through
recorded conservation easement.
"Provider” a; l� °� il'4 14 rr means every corporation, company, association, joint stock company,
firm, partnership, limited liability company, other entity and/or individual that provides wireless service
over wireless "ti :f°w-facilities.
"Repairs and maintenance" means the replacement of any components of a wireless facility where the replacement
1S 44jv1,�144"PC �sllMtl lar ill ,1/� 4iW 44 l„UN7�;to the component being replaced or for any matters that involve the normal
repair and maintenance of a wireless facility without the addition, removal or change of any of the physical or
visually discernible components or aspects of a wireless facility that will add to the visible appearance of the facility
as originally permitted.
"Right-of-way use permit" means the authorization by which the city grants permission to a service provider to enter
and use the right-of-way at a specific location for the purpose of installing, maintaining, repairing, or removing
identified facilities.
Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
Page 280/315
"Rights-of-way" means land acquired or dedicated for public roads and streets, as further defined in YMC
15.02.020, but does not include (a) strictures, including poles and conduits, located within the right-of-way; or (b)
federally granted railroad rights-of-way acquired tinder 43 USC Section 912, and related provisions of federal law,
that are not open for motor vehicle use.
"Screening" means an opaque fence and/or evergreen landscaping that fully conceals the property it encloses.
"Secondary use" means a use subordinate to the principal use of the property, such as commercial, residential,
utilities, etc.
"Security barrier" means a wall, fence, or berm that has the purpose of sealing a po^ -i( srai wireless service facility
from unauthorized entry or trespass.
"Service provider" means every corporation, company, association, joint stock association, firm, partnership, person,
city, or town owning, operating or managing any facilities used to provide and providing telecommunications or
cable television services for hire, sale, or resale to the general public. "Service provider" includes the legal successor
to any such corporation, company, association, joint stock association, firm, partnership, person, city or town.
`�tu�Jl lb`11`J lJ r rQ°r�ff„_J r��JJJi+ .; to "nJI ;,,ln�.JJJiJ y , ,tunJl:at [knit tJ Ji�;lrfJiJr,Jlnl �� 1,1 int, �'t err PFrcI �4 ,�>i�tilarll-�,�;� ���
4 y�3f--'dH ,�$4bb£ l t " C l„Cll r, 4h V`t 7l GiIC",l;rilt Ill « ll1t w B&
�JfJI "J JJnp1 "> J J I fjI�1J I JI>> iflf�, FrthV--t fJ ur(1J�1';� ��> >>IruJrl t(l ,if t;dl +4k, wireless facilities,_
#1I( J ,lJJltlll{JIJIJGJ
"State" means the state of Washington
�l
M1J ftll r �t 1 r ,IfHi Ill or QrO,w'r biipil(hlly. wl l`lNc”11N1`J � 1. p3ar J la)lb`J 1` Jf ' 1J l T€°r Vii` Marl C1...7ft , all 4s„ 1 ,l1llyr tlllJ Illlfp., l lftl 1
1 lof lb`11`J°IJ r r seri 1J°J
1I r� Qi; art` lar rtf, 1I r� Qi for 1NJ4 lrfarr ,1arI1, ...
"Surplus space" means that portion of the usable space on a utility pole which has the necessary clearance from
other pole users, as required by the orders and regulations of the Washington Utilities and Transportation
Commission, to allow its use by a telecommunications carrier for a pole attachment.
t ',4 Q°artNttN "dVhlJ°(all lVh t"rtt`t`tJ r„ iRed4-tivoF1 l+tPi.rk` IVh4"JV'w ?°1 �.l:,v�a'Vh Q°ar lk`�r �r ar rt k(al4 �...krk` tiNtlkll( f'w
p 4tl+t J Jpt+Ip>tra a49 Qrt` pr1`arprJ t`9w ���� dPh J , ddtJ 044; wfx fi (,)F 90 pu..,a+-sh li-)F 1dtJ p>twp os+ of= pw, 4d,4�+�: 94 f4 rrartMtzwra+a tQ rt1 ��rar.r�...
��,-1"ti at°r��r 14�r dwatlf4rsr.Rr, Qrrurt,, 1dt-J Q°Ctw-
4 t°t?l HIV'b'9l'J4°rtl I4YT4 a ud k"ti @'t,"C "Ila { 1` k ' l tJ a uJ6r ' Qr Cvl" h l ni{ larr- 4 t f4 k"444? 4 {.t 4 'ti I uC6 vl' ud l` J4;t4 w w H l`tt4440
C f� fw t°9 tr�rtNtrtt�a4 �(�tQ° a,r Q�w a` �ltilu.p& w Ipw all Cart`.ftl1`J �rrtpJ Qrt` t`J r4rtfJ 14r 4rJ
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"Tower" means any stricture that is designed and constructed primarily for the purpose of supporting one or more
antennas, including self-supporting lattice towers, guy towers, or monopole towers. 44? pr FSOa4rtd...
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Chapter 15.29 WIRELESS COMMUNICATION Page 281/315
FACILITIES
r:4 "Tower" also includes any stricture built for the sole or primary purpose of supporting FCC -licensed antennas
and their associated facilities.
"Underground facilities" means utility and telecommunications facilities located under the surface of the ground,
excluding the underground foundations or supports for overhead facilities.
"Unlicensed wireless services" means �ilv l4 s services that operate on public frequencies and
do not need an FCC license.
"Usable space" means the total distance between the top of a utility pole and the lowest possible attachment point
that provides the minimum allowable vertical clearance as specified in the orders and regulations of the Washington
Utilities and Transportation Commission.
"Utility facilities" means the plant, equipment and property including, but not limited to, the poles, pipes, mains,
conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground within
rights-of-way and used or to be used for the purpose of providing utility or telecommunications services.
"Utility pole" means any pole used primarily for the support and provision of lighting and/or transmission of power,
telecommunications services, telephone, cable television, and other similar utilities and related fixtures, whether
located within or outside the public right-of-way. Utility poles zM a�frt rite subject to rights of ownership, applicable
franchise provisions, applicable regulation by the Washington Utilities and Transportation Commission (WUTC),
and statutes governing location and relocation.
.1
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�
tN(k r f`'r� ili�k r for
�N74 �Ga;r�i rzMGc r rxar�i �r�l�i t �°��,ar�l ,�`�:>{�°)l"l)l�.`.) �r r c� ztG�r� frt �bzMG4 �1�i4 �f tn�b�w Bbl �nl �N74 [`rN�rNG�4 �bli€tl i�G�.°N. ...
l`4 �"t }llaYll 1`ft4 IaY or IMtIcl`aY�a� ,I'l�Ilal, fhbC �°uJ[GIiC�IiVpVC�t°,tllaYll k t lll4l�IC PdlaYll4 7t l`,aYll��„� �"aYIMtIMV�41l1�°�tlla➢.
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arG.�...rN��I����°n�'� �f rf��ti,°�GrNZMG ctti�°lrN�fc�ia� �N74 rN r� arf,...
or:..Go���blrcl4 .1�Gar� Coir �tl lir �N746 1.�rNl�Cf��:.:
"Visual impact assessment" means visual impact assessment with photo -simulation of the proposed facility. (Ord.
2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.030 Exemptions.
The following are exempt from the provisions of this chapter and shall be permitted in all zones:
A. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC.
B. Antennas and related equipment no more than ten feet in height that are being stored, shipped, or displayed for
sale.
C. Radar systems for military and civilian communication and navigation.
D. Wireless radio utilized for temporary emergency communications in the event of a disaster.
E. Licensed amateur (ham) radio stations.
F. Satellite dish antennas less than two meters in diameter, including direct -to -home or site satellite services, when
used as a secondary use of the property.
G. Routine maintenance, replacement or repair of a f>c rsor id wireless s+ �r,, ic° facility and related equipment that
does not constitute a modification; provided, that compliance with the standards of this chapter is maintained.
Structural work or changes in height, type or dimensions of antennas, towers, or buildings are subject to the
provisions of YMC 15.29.060(A).
Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
Page 282/315
H. Subject to compliance with all other applicable standards of this chapter, a building permit application need not
be filed for emergency repair or maintenance of a [>v rsos is d wireless strFcc facility until thirty days after the
completion of such emergency activity.
I. A COW or other temporary wireless -)r +s facility shall be permitted for a maximum of
ninety days ��1 4ra�y popkrd. rN,r 4 �°� �a,._�r4 ll4 �a,
[r �Iic cis , or during an emergency
declared by the city.
J. Wircicss facilities of the city located upon city property and city utility poles and fixtures.
(Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.040 Permits required.
The following table summarizes the permits required for the various types of wireless facilities that
meet the standards of this chapter:
Table 29-1
Permit Table*
Type of Use
Permit Type
Approval Type
Co-location/minor modification (no
Modification
Administrative (if minor
substantial change)
modification)
Co-location/major modification
Same as New Towers (depending on
Same as New Towers (depending on
(substantial change in height)
location)
location)
New antenna (existing noncellular
Standard Wireless
Administrative
structures, in.,4ust ial u3d-
ei-ai aieFeiallZoningdistricts)1[MP2]
New tower (public or city -owned
Standard Wireless
Administrative/Lease
property)
New tower (commercial or industrial
Standard Wireless
Administrative
zoning district, more than 300 feet
from residential or protected area)
New tower (in or within 300 feet of
Standard Wireless if camouflaged
Administrative
residential zoning district)
by stealth
or
Wireless CUP** if not camouflaged
Hearing Examiner
by stealth
New tower (in or within 300 feet of
Wireless CUP
Hearing Examiner
protected area)
Any tower, antennas or modification
Wireless Variance
Hearing Examiner
not meeting standards of this chapter
* Applicable permits include building permits and other permits required for installation.
** Wireless conditional use permit
pnNic IiL'hl rrl �„iv nr (>11 a°, ,lilq d 20)) d"If J
rrr ry°�,I,iuy;,ruv°r�i 11 rfl,i� p(flI, 0ruth�.r
(Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
Chapter 15.29 WIRELESS COMMUNICATION Page 283/315
FACILITIES
15.29.050 Application submittal/fees.
A. Standard Wireless Application. A complete application shall consist of the following:
1. A complete application form as provided by the community development department.
2. The name, address, signature and contact information of the applicant:
a. If the applicant is not the landowner, applicant shall provide written authorization signed by the
landowner authorizing the applicant to submit for permits on the landowner's behalf. The written
authorization signed by the landowner shall contain a statement and acknowledgement by the landowner
that the landowner shall be deemed a co -applicant by virtue of such authorization ,,,(This irec uirement does
p7<li 71r:iD� t„�f�hl...<rl`...w�7y ll<r�,�7lions. )
b. If any applicant or co -applicant is a corporation, trust, association, or other organized group or legal
entity, it shall provide the date of such creation, and, if a foreign corporation, a copy of the certificate of
authority filed with the state of Washington, Secretary of State's Office.
3. Evidence that the applicant is an FCC -licensed 9w� lccwovt-nur�aiicrt� for r s r ireles , sr�, cct provider or that it has
rove
gr r r r provider for use or lease of the support
agreements an FCC-ucense 8w w��r°��gzwrrMGa+���r��Q°rr�c�-r�.,xvv��4 4 �G�r�„
structure.
4. Legal description of the parcel,,i'.a
,-fViicaFie.
5. Site plan, drawn to scale, clearly indicating, h0 1 xl�n „ 7pt1ji a,(ri :.,. the location, type and height of the
current or proposed wireless facility, accessory buildings, fencing, trees, landscaping, topographic contours of
the site at two -foot intervals, location of utility easements, on-site land uses and zoning, adjacent land uses and
zoning, adjacent roadways, proposed means of access, setbacks from property lines, and all other items
required in this chapter.
6. Elevation drawings of the proposed wireless facility, drawn to scale and showing dimensions of the height
and width of the facility.
7. Proposed colors and materials of all components of the proposed wireless facility and of any fencing
materials associated with the wireless facility.
8. State Environmental Policy Act (SEPA) checklist, if required.
`,K: �+or r rta+-sd. of 12,4 raiaw af`4 awrair°� ���r��17 �raN74;,...
is C4 �°aY;�71[�#iV9R3IQ"(kllaYlltir 4��"� ��"t V.
10. A copy of the FCC license for the intended use of the wireless telecommunications facilities.
11. Method of proposed illumination, including a lighting plan showing the location of all proposed outdoor
lighting fixtures, including direction and intensity of light, and including manufacturer's "curt -sheets" of all
outdoor luminairies.
12. The location of existing or proposed strictures, trees, and other significant site features intended to
camouflage the facility.
13. A letter signed by the applicant stating the wireless facility will comply with all FAA regulations and EIA
standards and all other applicable federal, state and local laws and regulations.
14. Signed documentation such as the "Checklist to Determine Whether a Facility is Categorically Excluded"
to verify that the wireless facility with the proposed installation will be in full compliance
with the current FCC RF emissions guidelines (non -ionizing electromagnetic radiation—NIER). If not
categorically excluded, a complete RF emissions study is required to provide verification.
Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
15. Applicable fees.
Page 284/315
16. Other information for each permit and stricture type as specified in subsection B of this section.
B. Application by Permit Type, Structure Type and Location. In addition to the information required for a standard
permit in subsection A of this section, the following information shall be provided for each specified permit type or
stricture type:
1. New Towers and Base Stations.
a. A current map and aerial showing the location of the proposed tower and/or base station; a map
showing the locations and service areas of other rsos ia wireless service facilities operated by the
applicant in the city.
b. The approximate distance between the proposed tower and the nearest residential unit, residentially
zoned properties, and protected areas.
c. A statement by the applicant that the design of the tower will accommodate co -location of additional
antennas for future users.
d. An affidavit stating that (1) the applicant and landowner agree they will allow co -location of
additional wireless facilities by other providers on the applicant's stricture or within the
same site location, subject to good faith negotiation of compensation according to market rates, and (2) the
applicant and/or landlord agree to remove the facility within ninety days after abandonment.
e. An affidavit signed by the applicant, landowner (co -applicant), and the antenna support stricture
owners, if different, indicating that:
i. They, together with their heirs, successors and assigns, agree to be jointly and severally responsible
to dismantle and remove the WCF/antenna support stricture and restore the site to its approximate
original prestructure condition within the applicable time limits set forth in YMC 15.29.150 following
receipt of a letter from the city indicating that the facility is deemed abandoned or in violation of this
chapter; and
ii. In the event a permit is issued pursuant to this chapter, they authorize the city to record such
affidavit or a memorandum thereof with the Yakima County auditor against title to the property for
which the permit was issued.
f. A landscape and irrigation plan showing all methods to landscape, irrigate, and screen the base of new
facilities.
g. An explanation of proposed methods of camouflaging (including stealth if applicable) and how the
proposed camouflaging reflects conditions of the surrounding site and area.
2. Facilities in Residential Zoning Districts and Protected Areas.
a. A statement describing the applicant's effort to first locate the
facilities on a government facility, a private institutional stricture (such as a hospital or school), or other
appropriate existing strictures outside the residential zone or protected area and within a half -mile radius
of the proposed site, and explaining why, based upon valid considerations including physical,
technological, leasing, or other valid constraints, no more appropriate location is available.
b. A description of any existing buildings taller than thirty-five feet within one-half mile of the proposed
tower or antenna which from a location standpoint could provide part of a network to provide transmission
of signals.
Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
Page 285/315
c. A statement describing the applicant's effort to first contact the owners of strictures in excess of
thirty-five feet within a one -quarter -mile radius of the site proposed and which from a location standpoint
could meet the°�;r�ti4 Ga�ti�w°a��>raQ°;114°N7�ic�°a;rl, objectives of the facility in the applicant's network. The
statement shall, if applicable, confirm whether the applicant asked for permission to install the antenna on
those strictures and whether he or she was denied permission of use for reasons other than the ability or
refusal of the applicant to pay a market rate for use of the alternative strictures.
3. Modification Permit.
a. Elevation drawings of the existing wireless facility, drawn to scale and showing dimensions of the
height and width of the facility (this drawing is required in addition to elevation drawing of proposed
facility described under subsection A of this section);
ali m 1N7ods 10 Tali [>asc moafihf d
9w d4 �°ar;Nt�N�:�.+�tCQ°at1C�raaf`ra�°�dC9E�,,
a,4>. A computation and description of proposed modification establishing whether or not such
modification constitutes a substantial change in the physical dimensions of the existing facility (if the
application is for modification of an existing facility); and
4c. Written authorization signed by the owner of said facility authorizing its modification. (Required if
the applicant is not the owner of the existing wireless facility.)
4. Wireless CUP (Conditional Use Permit).
a. An explanation of proposed methods of camouflaging and how the proposed camouflaging reflects
conditions of the surrounding site and area.
b. A statement from the applicant describing how he/she believes the proposal addresses the criteria for a
wireless conditional use permit prescribed in YMC 15.29.100.
c. A list of owners of property within three hundred feet of the site and their associated mailing
addresses.
5. Wireless Variance.
a. A statement from the applicant describing how he/she believes the proposal addresses the criteria for a
wireless height variance prescribed in YMC 15.29.110.
b. A statement describing the requested variance and why it is needed.
c. A list of owners of property within three hundred feet of the site and their associated mailing
addresses.
C. Applicant to Provide Notice. For wireless conditional uses or variances, the city may require applicant to post
notice at a location or locations deemed appropriate by the city, and will provide notice to the governing body of any
affected historic district association or organization. Applicant shall provide an affidavit that all required notices
have been posted and published as required. Additionally, and without limitation, the city may use any other means
deemed advisable to provide advance notice to the public.
D. Fees. The application for a permit listed above shall be accompanied by a filing fee in the amount set forth in
Table 29-2.
Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
Table 29-2
Application Fees*
Permit Type
Fee
Modification (if minor)
$300.00
Modification (if major)
$500.00
Standard Wireless
$500.00
5urll,l, A1'uv°lv°,�}
hrr,; illy° Irr,i,tr1v° (,`,) ,11)all ill
1iv n , ,lru ir�7r�. ,lii�} il`, lf)0 k1 l� v°ach Iacilii�'.., ..
In°�11r111 I'r,11' f`�.k
Wireless Variance
$1,500.00
Wireless Conditional Use Permit
$3,500.00
* Separate fee required for each permit type associated with application. For an application requiring a
wireless variance and a wireless conditional use permit, both the variance fee and the conditional use
permit fee are required.
(Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.060 Development standards.
A. Modifications to an Existing Wireless Facility or Base Station.
Page 286/315
l. Minor Modification
` ;�° ioii 1,(;1111, Any modification of or co -
location
1 1'eaa°l 1111,, lln,r�a�.1 r1 14n� 1 l� ��1....4_.� lln, �1:. ..
location on an existing wireless facility that does not substantially change the physical dimensions of such
tower or base station (as defined in subsection (A)(2) of this section), even if it exceeds the underlying
standards of the zoning district, shall be deemed a "minor modification" and shall be administratively approved
under a modification permit.
2. Major Modification. Any modification of or co -location on an existing wireless facility that substantially
changes the physical dimensions of an existing wireless tower or base station shall be deemed a "major
modification." A substantial change occurs if:
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Chapter 15.29 WIRELESS COMMUNICATION Page 287/315
FACILITIES
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3. Major Modification—Required Permits. A major modification shall be processed under the same permit
types as new towers located in the same zone and area. (See Table 29-1, Permit Table or j 21): ' .)
B. Coil kocation Capable—New Structures. To reduce the number of antenna support strictures needed in the city
in the future, the following standards apply to new towers of 4r ,fl....��akt� Io+a ,n:
1. Requirement and Waiver. New proposed support structures shall be designed to accommodate at least two
additional antenna arrays equal to those of the applicant, and located as close to the applicant's antenna as
possible without causing interference. This requirement may be waived if such design is not feasible for
aesthetic reasons, or necessary to preserve camouflaging or stealth strictures in residential or protected areas;
or provided, that the applicant, in writing, demonstrates that the provisions of future shared usage of the tower
is not technologically feasible or creates an unnecessary and unreasonable burden, based upon:
a. The kind of wireless facilities site and stricture proposed; or
b. The member of existing and potential licenses without wireless telecommunications facilities
spaces/sites; or
c. Available space on existing and approved towers or other appropriate strictures.
2. Owner Certification. The owner of a proposed tower, and his/her successors in interest, shall either:
a. Provide a written statement affirming that a master license agreement with another wireless provider
or providers exists stating mutually acceptable terms and conditions for co -location for wireless facilities
on the tower and site; or
b. Provide a written statement affirming that the owner and owner's successors will negotiate in good
faith for the co -location and shared use of the proposed tower by other wireless service providers in the
future, and shall allow shared use of the tower if another %VJl4 14 r r ic° :� provider
agrees in writing to pay reasonable charges. The charges may include, but are not limited to, a pro rata
Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
Page 288/315
share of the cost of site selection, planning, project administration, land costs, site design, constriction and
maintenance financing, return on equity, less depreciation, and all of the costs of adapting the tower or
equipment to accommodate a shared user without causing electromagnetic interference.
C. Coll kocation Encouraged—Existing Strictures. To minimize adverse visual impacts associated with the
proliferation of towers, col location of wireless facilities on existing towers and strictures is
encouraged as follows:
1. Co llocation is permitted by right under a modification permit, unless the modification constitutes a
substantial change to the tower and/or base station pursuant to Section 6409(a) of the Middle Class Tax Relief
and Job Creation Act of2012 17 �. 1'll". St c�ca,ii
1 (;1 OlO� Changes to tower height that constitute a "substantial
change" as defined by subsection (A)(2) of this section are subject to all provisions applicable to new towers
and base stations described in this chapter.
2. The city may deny an application to constrict new facilities if the applicant has not shown by substantial
evidence that it has made a diligent effort to mount the facilities on a suitable existing stricture or tower within
one -q r N a r 4 r lir a l f'mile of the proposed facility.
3. All wireless service providers or lessees or agents thereof shall cooperate in good faith to accommodate co -
location with competitors.
D. Required Parking. Adequate parking shall be required for maintenance workers.
1 �,7 i kra loo + 4lsa A [�llaro+ atlsa cs Ftlqa 4p:44� tpl>ICQ�94)� + wgH44Rg a %"i4pw lw? S S E•or�+d,-44)� I+tl HS l) H :i� ara.,..
�a C u�IQ° �iC9�ara� �pdt ads da l�rall�r�ra� 9w �q l'� aao � �+ %* ,�4l4lss...4`��Q°�dC9E�...4'i-)F %*4���4+ 9lit!l...
8-4� srwQ4+ atlsa %w4l 64W,4 -6 a t))G rpP44 zw ra arf`�° � �w dra+f`[ �� 4 OF 04?F
?'p. Facilities in or within Three Hundred Feet of Residential Zone or Protected Area. The following standards
apply to wireless facilities within residential zoning districts, and within three hundred feet of residential zoning
districts:
1. Due Diligence Requirements. Applications to place antennas and towers in residential zoning districts or
within three hundred feet of residential zoned districts shall demonstrate that the requirements of YMC
15.29.050(B)(2) have been met.
2. NEPA Requirements. Antennas and tower facilities proposed to be located in or within three hundred feet
of an established or pending federal, state or local historic district or historic district overlay are facilities that
may affect districts, sites, buildings, strictures or objects significant in American history, architecture,
archeology, engineering or culture, that are listed, or are eligible for listing, in the National Register of Historic
Places. (See 16 U.S.C. 470w-5; 36 CFR Parts 60 and 800.) Applicant shall comply with applicable provisions
of the National Environmental Policy Act (NEPA), including but not limited to the environment assessment
provisions of 47 CFR 1.1307 et seq. and comply with any mitigations imposed therein.
3. Certificate of Appropriateness Required. New wireless facilities, and any modification to existing wireless
facilities that constitutes a "substantial change" pursuant to subsection (A)(2) of this section, proposed to be
located in a local historic district, historic district overlay, or other protected historic site, listed in the city of
Yakima registry of historic places, require a certificate of appropriateness from the Yakima historic
preservation commission in accordance with the procedures set forth in Chapter 11.62 YMC prior to the
issuance of any permit for the constriction, installation or major modification of wireless facilities in such
areas.
(d'. Building Permits Required. Issuance of wireless facility permits under this chapter shall authorize issuance of
any necessary and appropriate building permits to accomplish such modification, subject to compliance with
applicable permit requirements and fees. Applicant shall submit complete applications for all other construction
permits necessary to accomplish the constriction.
Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
Page 289/315
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1_JGJJ) "JI�JJJ 1JJ �i'l'JJ'fI11I'�i 1i+' fJI �ill1.cI(jJ �jJ,,,f,�14 711 J,. "�.0U1 _ .,
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(Ord. 2016-029 § 1 (Exh.„
A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.070 Design criteria.
All I��, ���t�N1GtII°
�cG�c J , r... facilities ..,�� t "�,ru,JJl o°�° °wrr�, �.,�, r 1,J��J1>�J oc rJ.4 r°f far I,.. " t. ,.,:.. 2 ; 11 11„€,,, t
�drJ 1>t+wlticQ° ac;� ab aay �r�: a+a;fc1 ab�p, shall comply with the following standards:
1. Setback. A tower's setback shall be measured from the base of the tower to the property line of the parcel
on which it is located. Except as otherwise set forth below, setbacks for facilities shall comply with the setback
requirements of Chapter 15.05 YMC and Table 5-1.
a. Right -of -Way Setback Exception. The setback requirement is not applicable if the antenna and
antenna support stricture are located in the city right-of-way::f> ���rti Cr% r NJw rall�wMlla�ra ; rpt arQ°dry rlar rain
;V+# 4"ply �9D "dJa:�l` of fraf°�Y-.
b. Protected Areas. In protected areas or where a proposed tower is on property abutting a protected
area, towers shall be set back from all property lines a distance equal to one hundred ten percent of tower
height as measured from ground level.
c. Residential Zoned Districts. In residential zoned districts or where a proposed tower is on property
abutting a residential zoned district, towers shall be set back a minimum of one-half the tower height.
d. Minor Modifications. Any expansion of a base station or extension of height of an existing wireless
facility that constitutes a minor modification shall be considered in compliance with the setback
requirements previously approved for the existing wireless facility.
e. Existing Wireless Facility on Established Lot—Exception. The setback requirement is not applicable
if the antenna and antenna support stricture were constructed, or application for such constriction vested,
Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
Page 290/315
on a parcel created pursuant to RCW 58.17.040(8) prior to the effective date of this code. Wireless
facilities constricted on and after the effective date of this code on parcels created pursuant to RCW
58.17.040(8) are subject to the setback requirements.
. Tower and Antenna Height. The maximum height of a wireless facility is as follows:
a. In or within three hundred feet of a residential zoning district or protected area, no wireless facility
shall exceed the height allowed by the underlying height limitation for the zoning district in which the
facility is located, except that if the facility is camouflaged by stealth pursuant to subsection 8 of this
section, the maximum height is sixty feet.
b. In CBD and B-1 zoning districts, the maximum height is sixty feet.
C. In all other zones, the maximum height is one hundred ten feet.
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Structures that exceed the above height limits may be permitted by variance pursuant to the
��Ga 4 I4 r r height variance provisions of YMC 15.29.110.
23 Color. Towers shall have a dark color such as forest green, charcoal or dark brown, depending on the
surroundings or background, which minimizes their visibility, unless a different color is required by the
FAA. Colors shall be maintained and repainted as necessary to maintain original color, to repair fading through
weathering, and to prevent flaking.
4. Lights, Signals and Signs. No signals, lights, or signs shall be permitted on towers unless required or
allowed by the FCC or the FAA. Should lighting be required, in cases where there are residents located within a
distance that is three hundred percent of the height of the tower, then dual mode lighting shall be requested
from the FAA.
5. Fencing and Security. The antenna support stricture shall be secured against unauthorized entry. A well -
constricted wall or wooden fence not less than six feet in height from the finished grade shall be provided
around each pt,+so,,r wireless service facility. Access to the tower shall be through a locked gate. The use of
chain link, plastic, vinyl, or wire fencing is prohibited unless it is fully screened from public view by dense
vegetative screen at least eight feet in depth along all visible portions of the fence.
6. Anti -Climbing Device. All support structures shall be fitted with anti -climbing devices, as approved by the
manufacturers.
7. Camouflage Requirements. All new towers and base stations, and major modifications to towers and base
stations, must be camouflaged as defined by this chapter. Appropriate camouflaging is determined on a site-
specific basis, taking into account existing strictures and natural features both on and surrounding the site.
When considering surrounding features that the facility is designed to reflect, nonconforming strictures shall
not be considered ...: ail ;t c,s....SW44... a +44-�ts , 4,g.as, smo4 ,t;..:k+444-y.....
14 t m -i a, ; r rc- €11 g 3g . In all zones, towers shall be camouflaged using the
least visually and physically intrusive facility that is not technologically impracticable under the facts and
circumstances. Camouflaging for new towers and base stations shall include the following:
a. Landscaping. Landscaping is an element of camouflage. Landscaping, as described herein, shall be
required to buffer wireless � Fti �etM facilities to soften the appearance of the cell site. The city
may permit any combination of existing vegetation, topography, walls, decorative fences or other on-site
features instead of landscaping, if they achieve the same degree of screening as the required landscaping.
If the antenna is mounted flush on an existing building, and other equipment is housed inside an existing
structure, landscaping shall not be required.
Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
Page 291/315
b. Buffers. The visual impacts of a wireless-fQ°o facility shall be mitigated through
landscaping or other screening materials at the base of the tower and ancillary strictures. Further, existing
vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or as
a supplement to landscaping requirements. The following landscaping and buffering shall be required
around the perimeter of the tower and accessory strictures:
i. A row of evergreen trees a minimum of six feet tall at planting a maximum of six feet apart shall
be planted around the perimeter of the fence.
ii. A continuous hedge at least thirty-six inches high at planting capable of growing to at least forty-
eight inches in height within eighteen months shall be planted in front of the tree line referenced above
iii. To the extent feasible, the tower or mount shall be placed amongst and adjacent to the drip line of
three or more evergreen trees at least seventy-five percent of the height of the facility.
iv. An automatic irrigation system providing irrigation as needed according to plant type, season and
maturity of plantings.
c. Continued Maintenance. Applicant shall have a continuing obligation to maintain the landscaping
improvements. In the event that landscaping is not maintained at the required level, the city after giving
thirty days' advance written notice may maintain or establish the landscaping and bill both the owner and
lessee for such costs until such costs are paid in full, or may seek enforcement through any available
remedy.
d. Trees—Recording of Conditions. To ensure that trees associated with camouflaging and screening are
preserved, the following note shall be recorded on the property title:
All trees within 50 feeto the f��, J �°aYtilt��pt"d�V��l?°r�l�u�asdv�� Jv�c�„
I) facility located on this property, which serve to
screen the vvil facility, shall be retained for the life of theJv�iGv IJ r;r..
facility. Screening trees may only be removed if deemed diseased or dangerous by a certified arborist. Before
any trees can be removed a report from the certified arborist shall be submitted to the City for review and
approval. Unless approved by the City, only that portion of the tree required to remove the hazard can be
removed. The City may require the trees to be replaced by the telecommunication provider.
8. Stealth Requirements. Any facility in or within three hundred feet of residential zoning district or protected
area must be concealed within a stealth stricture unless otherwise approved through a wireless conditional use
permit. Stealth strictures shall be designed as follows:
a. The stealth camouflage structure or facility must be compatible with surrounding development by
being either similar in height to surrounding strictures or a sufficient distance from surrounding structures
to create a significant visual separation,,:
b. Stealth designs ,J i,JJ J reflect features that are indigenous to the area. 4 J- ........
rowers designed to look like trees ai rJJrwri, be tree types that naturally or commonly occur in the
surrounding neughorhjod Jr district, l i [J l �. l r 1 (j (f t ` jJ a fMP7J Jjl(f fJ�) J
J r n J JJ
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f
a�r�hn ray,
ili�l JJIl+ lJULll,JnJ I J f lJ1,�,lI J J [ I J, r1J stili J;. _ iniJ JJf d I J J ,iJJJ tlinJiIi lJJIJJI�_
fJIl JJIl. JJ« .)r JJIl(J jrJ 'eJ ,JJ JIJt l<<1JI,JJI J'�JI;,
Towers designed to look like buildings or strictures must be of a design that reflects local architecture
or structure es, I (, .�P ( ,_J'W JJJ � w`,l �l � (JJI �.Jiii„ �.Ji ,Ji,J11 (J (1J ,l Ji J"lit
types, I t�1 «�1
�rJC1�r�1JfJ�1J1�JJ l�1lJl" JII1J�ilil„ (i 1�?.1If�1lJl'J
Jkwd J r, r r�J r ... Jmr)jk,J J,'J Ii ,rJ ,. ,'rowers
designed to look like flag poles ,1i,JJl have the common dimensions of flagpoles, both in
Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
Page 292/315
height and girth, r3ji(l JI«JJ JJ1Jar fJl'[ ,r t ii1„r IJ,,,1;;.
J,i-��t.Ji- r�, +tl r i �,J+� �r�<<� ,���,) I�t�,l<<, [��,�<<,J H4)JH, i ) r I U (f ,J rI (JJ4rl
,h✓., i�-Eir �r' �d� r �4 l}r .�h✓�d�'r: ir��4J i�r
W. After completion of constriction, the antennas, towers and related facilities will be maintained within
the stealth stricture so as to be concealed from view or be viewed as the camouflaging stealth stricture;
and
The administrator may impose other conditions or mitigations reasonably related to such strictures
as warranted by special conditions of the subject property and the type of camouflaging structure,
including but not limited to additional or supplemental setback requirements, maintenance requirements,
and other measures intended to accomplish the purposes of this chapter and section.
9. Antenna Criteria. Antennas sz all c ll mw4o � d of �,Y tv oro�l wil.;gv...
�arlk - on or above a stricture shall be subject to the
following:
a. The antenna shall be architecturally compatible with the building and wall on which it is mounted, and
shall be designed and located so as to minimize any adverse aesthetic impact.
b. The antenna shall be mounted on a wall of an existing building in a configuration as flush to the wall
as technically possible and shall not project above the wall on which it is mounted unless it must for
technical reasons. In no event shall an antenna project more than sixteen feet above the roofline, including
parapets.
c. The antenna. _l a �rj i f shall be constricted, painted, or fully screened to match as closely
as possible the color and texture of the building and wall on which it is mounted.
J Mjf"� (,t tuiilir�.�l. iils/t;tll,ruml, (11 nill.u�t�r,_Ji«JJ �:uIstii. (t�rl,r���®yurf +t[IJH"tr,
J, r,1!....[l...d....a._tr,rtrl�: (11 tli ..... .,
The antenna maybe attached to an existing mechanical equipment enclosure which projects above
the roof of the building, but may not project any higher than the enclosure.
J s. () ,R ;"V41 (tl i m, ,"' a 1i�F��� [�of of I o�gh he antenna may be mounted on the roof if the following
additional criteria are satisfied:
i. The city finds that it is not technically possible or aesthetically desirable to mount the antenna on a
wall.
ii. Roof mounted antenna and related base stations are screened from view by materials that are
consistent and compatible with the design, color, and materials of the building.
iii. No portion of the antenna may exceed sixteen feet above the height of the existing building.
iv. If the antenna is placed on the roof or above the top of a building, it shall provide a minimum
setback equal to the height of the panel antenna from the rooftop edge.
v. Antenna, antenna arrays, and support strictures shall not extend more than sixteen feet above the
highest point of the structure on which they are mounted. The antenna, antenna array, and their support
structure shall be mounted so as to blend with the structure to which the antenna is attached. The
antenna and its support stricture shall be designed to comply with applicable building code standards.
The antenna, antenna array, and their support stricture shall be a color that matches the field or trim
color of the stricture on which they are mounted.
Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
Page 293/315
10. Guy Wires Restricted. No guy or other support wires shall be used in connection with such antenna,
antenna array, or its support stricture except when used to anchor the antenna, antenna array, or support
structure to an existing building to which such antenna, antenna array, or support stricture is attached.
11. Equipment Strictures. The standards for equipment strictures (base stations) are as follows:
a. Ground Stricture.
i. The maximum floor area is five hundred square feet and the maximum height is twelve feet, unless
the applicant demonstrates that a larger area and/or increased height is necessary to accommodate the
proposed facility and possible co -location.
ii. Ground level buildings shall be screened from view by landscape plantings, fencing, or other
appropriate means, as specified herein or in other city ordinances.
iii. In instances where equipment buildings are located in residential zones, equipment buildings shall
comply with setback requirements and shall be designed so as to conform in appearance with nearby
residential strictures, including building form, materials and color.
b. Roof Mounted Stricture.
i. Equipment buildings mounted on a roof shall be designed to match and be integrated into the
exterior design and materials of the building. Equipment for roof mounted antenna may also be located
within the building on which the antenna is mounted.
ii. Equipment buildings, antenna, and related equipment shall occupy no more than twenty-five
percent of the total roof area of the building the facility is mounted on, which may vary if co -location
and adequate camouflage are used. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh.
A) (part), 2013).
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15.29.080 Site selection standards.
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A. Protected Areas. Protected areas are: (a) the area commonly known as the Barge -Chestnut Neighborhood
situated within the area bounded on the west by 36th Avenue, on the north by West Summitview Avenue, on the
east by 16th Avenue, and on the south by Tieton Drive; (b) established federal, state or local historic districts or
historic district overlay zones; (c) proposed federal, state or local historic districts or historic district overlay zones
filed for record with the federal, state or local agency with jurisdiction (hereafter "pending" historic district or
overlay zones); (d) sites, buildings, structures or objects listed in the National Register of Historic Places; (e) state
and local wildlife refuges, and permanently protected archeological sites; and (f) designated areas subject to
preservation or protection through recorded conservation easement.
B. Discouraged Areas in B-2 and SCC Zoning Districts. New antennas and antenna support strictures should be
avoided in the following locations within the B-2 local business and SCC small convenience center zones when
possible:
1. Within three hundred feet of residential areas.
2. Within three hundred feet of protected areas.
pp small 1 ilvlc s Ltc ilL Ill 1,11c II".�� '� that wishes to locate in these
Ana scant fa,l� ct 1�I1'c c r r (,tc°I tl�.;,..c�f lc l� l �ftll ct ,II
areas shall demonstrate that a diligent effort has been made e to locate the proposed %bJlvlcss
facilities on a site, private institutional stricture, or other appropriate existing structures more than three hundred
feet from residential zoned districts or more than three hundred feet from a protected area, and that, due to valid
considerations including physical constraints, ,Ile ,s�rtllrtllll,Il ,, and technological feasibility, no more appropriate
location is available. Such antennas, Jtlil c Il lift c 1 J1411711tc Ill towers and related facilities may be approved by the
administrator, subject to the administrator's approval of camouflage or disguise by stealth. Such proposed strictures
are also subject to the 4a4�� +4e,4 a-Hd/ photo -simulation requirements of YMC 15.29.130 in order to assist the
administrator in determining appropriate camouflage and/or stealth requirements.
C. Priority of Locations. The order of priorities for locating newwireless service facilities shall be as
follows:
Chapter 15.29 WIRELESS COMMUNICATION Page 295/315
FACILITIES
1. Col location (see YMC 15.29.060(B) and (C)).
2. Industrial zoning districts.
3. Public property (see subsection E of this section).
4. Existing structures—industrial and commercial zoning districts (e.g., buildings, towers, and water towers).
5. Local business district (B-2) and small convenience center (SCC) zoning districts.
6. Residential zoned districts.
7. Protected areas.
D. Site Selection Criteria.
1. Any applicant proposing to constrict an antenna support stricture, or mount an antenna on an existing
stricture, shall evaluate different sites within a one -quarter -mile radius to determine which site will provide the
best screening and camouflaging while providing adequate service to satisfy its function in the applicant's
system. If the applicant proposes a site that does not provide the best opportunities for screening and
camouflaging then the applicant must demonstrate why the facility cannot be located at the site where it can be
best screened and camouflaged and why the antenna must be located at the proposed site.
2. Wireless facility installations, ies,iwhgryr t �arcRr� 1�ii1� R---ia,1
4ibafi elv rrc , ...:prFr 1 -1 iii shall be placed in
locations where the existing topography, vegetation, buildings, or other strictures provide the greatest amount
of camouflage.
E. Siting Priority on Public Property.
1. Order of Preference. Where public property is sought to be utilized by an applicant, priority for the use of
government-owned land for wireless antennas and towers will be given to the following entities in descending
order:
a. City of Yakima, except that any facilities proposed for location within the airport safety overlay
(ASO) are further subject to the limitations and requirements of Chapter 15.30 YMC;
b. Public safety agencies, including law enforcement, fire and ambulance services, which are not part of
the city of Yakima and private entities with a public safety agreement with the city of Yakima;
c. Other governmental entities, for uses that are not related to public safety; and
d. Entities providing licensed commercial wireless services including cellular,
personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized
mobilized radio (ESMR), data, Internet, paging, and similar services that are marketed to the general
public.
2. Subject to City Discretion. The placement of wireless service facilities on city -owned property is subject to
the discretion of the city and approval of lease terms that are acceptable to the city, and must comply with the
following requirements:
a. The facilities will not interfere with the purpose for which the city -owned property is intended;
b. The facilities will have no significant adverse impact on surrounding private property, or any
significant adverse impact is mitigated by screening, camouflage or other condition required by city;
c. The applicant shall obtain adequate liability insurance naming the city as loss payee and commit to a
lease agreement that includes equitable compensation for the use of public land and other necessary
Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
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provisions and safeguards. The city shall establish fees after considering comparable rates in other cities,
potential expenses, risks to the city, and other appropriate factors;
d. The applicant will submit a letter of credit, performance bond, or other security acceptable to the city
to cover the costs of removing the facilities;
e. The lease shall provide that the applicant must agree that in the case of a declared emergency or
documented threat to public health, safety or welfare and following reasonable notice the city may require
the applicant to remove the facilities at the applicant's expense. "�` i' 14 r r facilities
serving essential government services and other government agencies shall have priority over other users;
f. The applicant must reimburse the city for any related costs that the city incurs because of the presence
of the applicant's facilities;
g. The applicant must obtain all necessary land use approvals; and
h. The applicant must cooperate with the city's objective to encourage co -locations and thus limit the
member of cell sites requested.
F. Special Requirements for Parks. The use of city -owned parks for wireless facilities brings with
it special concerns due to the unique nature of these sites. The placement of ps FSOR+4d wireless facilities in a
park will be allowed only when the following additional requirements are met:
1. The city parks commission has reviewed and made a recommendation regarding proposed
wireless facilities to be located in the park and this recommendation has been forwarded to the city
council for consideration and approval;
2. In no case shall wireless +- F, 4eo facilities be allowed in designated critical areas (except aquifer
recharge areas) unless they are col located on existing facilities; and
3. Before wireless 44w G°QQ facilities maybe located in public parks, visual impacts and disruption of
normal public use shall be mitigated. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A)
(part), 2013).
15.29.090 Safety and industry standards.
A. Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC,
and any other agency of the federal government with the authority to regulate towers and antennas. If those
standards and regulations are changed, then wireless service providers governed by this chapter shall bring their
towers and antennas into compliance with the revised standards and regulations within six months of their effective
date or the timelines provided by the revised standards and regulations, whichever time period is longer. Failure to
bring towers and antennas into compliance with the revised standards and regulations shall constitute grounds for
revocation of permit.
B. Building Codes—Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall
ensure that it is maintained in compliance with standards contained in applicable city building codes and the
applicable standards for towers that are published by the Electronic Industries Association (`EIA"), as amended
from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards
and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the
owner shall have thirty days to bring the tower into compliance with such standards. If the owner fails to bring its
tower into compliance within thirty days, the city may remove the tower at the owner's expense.
C. Compi aiic° QQc�N7 IRR' Standards. 44)iy- s �4rall Ra )p kt,,44r k Q°au=a)a+4r....
i�+44�.spa W A" ,,sot°4)�+H. pA)',�4icQ,r�d 1� z a� lrt taip`G�w i ato ac i ...1'iwHNiw:+: RWM S Oa.,..
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Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
Page 297/315
No wireless service provider or lessee shall fail to assure that its antenna complies at all times with the
current applicable Federal Communications Commission (FCC) radio frequency (RF) emission standards.
14fcu+.tip ��•'c�N7� �isc�k�Y 4a�y s Of, H:NfHw H dr Rf`4 8�� a�l��p�t �°acar���. fit G�f`ara�:�a�G4 4f,.ail ReE4)FdHRr +:° 64A:
0f*?Rt1OF f`Cdw r Q°arp��� �r1`1d�4 H f:>Oa9 wa9l 4°a9�E� 6,�Q°N7... w raa �f`t�w a 9d f'R°ada�:...
Q°ar�;Ntti �r�rp�t:aara9Car;�rad ads f`raQ,�adC9�� orp*? rtk-)F f`CdwR E4)f Of, .zwa-RCa+ a+H+E•
dr�i�fl�N7 (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.100 Wireless conditional use permit criteria.
4 r r Conditional Use Permit. Any wireless facility listed in Table 29-1 as a
A. Uses Requiring�. ti rw �G� "�`a'cG�4
wireless conditional use permit (wireless CUP) requires submittal of a wireless CUP application as described in
YMC 15.29.050. Wireless CUPS require a public hearing before the hearing examiner and final approval by the
hearing examiner.
B. Criteria for Granting C.4 C C r a t r Wircicss Conditional Use Permit. Before any conditional use maybe granted, the
hearing examiner must find that:
1. The proposed use will not be materially detrimental to the public welfare or injurious to the property or
improvements in the vicinity of the proposed use or in the district in which the subject property is located;
2. The proposed use shall meet or exceed the performance standards that are required in the zoning district
the proposed use will occupy;
3. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic
and pedestrian circulation, building and site design;
4. The proposed use shall be in keeping with the goals and policies of the comprehensive land use policy
plan; and
5. All reasonable and practicable measures have been taken to minimize the possible adverse impacts which
the proposed use may have on the area in which it is located.
C. Authority to Impose Conditions. The hearing examiner may impose any conditions necessary to address
identified impacts associated with the proposed wireless facility and ensure that the facility is compatible with
surrounding development. The hearing examiner may:
1. Increase requirements in the standards, criteria or policies established by this title;
2. Stipulate the exact location as a means of minimizing hazards to life, limb, property damage, erosion,
landslides or traffic;
3. Require structural features or equipment essential to serve the same purpose set forth above;
4. Impose conditions similar to those set forth in subsections (C)(2) and (3) of this section as deemed
necessary to establish parity with uses permitted in the same zone in their freedom from nuisance generating
features in matters of noise, odors, air pollution, wastes, vibration, traffic, physical hazards, and similar matters;
provided, the hearing examiner may not, in connection with action on a conditional use permit, reduce the
requirements specified by this title as pertaining to any use or otherwise reduce the requirements of this title in
matters for which a variance is the remedy provided;
5. Assure that the degree of compatibility with the purpose of this title shall be maintained with respect to the
particular use on the particular site and in consideration of other existing and potential uses within the general
area in which the use is proposed to be located;
6. Recognize and compensate for variations and degree of technological processes and equipment as related
to the factors of noise, smoke, dust, fumes, vibration, odors, and hazard or public need; and
Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
Page 298/315
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1 s �.".ti Ufa+cGw rd �. ara�4 ��1C�ra� of:.. f>[rGarw�rrf �I dr4,for+a4raa..-frrwcf Fr�" Mara frt c ssd'-
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Conditional Use Permits—Effect of Hearing Examiner Decision. The decision of the hearing examiner on a
conditional use permit shall be final and conclusive with right of appeal to the city council in accordance with YMC
16.08.030. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.110 Wireless height variance.
A. Applicability. A c° CCrwdtra tt ir4 lcss height variance is required for any major modification to an existing tower,
antenna, or base station or constriction of a new tower, antenna, or base station that requires a height in excess of
height limits defined in YMC 15.29.070(2).
B. Criteria for Granting Wireless Height Variance. The hearing examiner shall have the authority to grant a
variance from the maximum height allowed for a tower, antenna or base station when, in his/her opinion, the
conditions as set forth herein have been found to exist. A wireless height variance is subject to:
1. Compliance with standard wireless permit standards of YMC 15.29.120(D);
2. Standard variance procedures in Chapter 15.21 YMC (not including review criteria); and
3. All of the following criteria must be met:
a. The additional height is necessary to provide adequate service t(4 r°. y and no other
alternative is available;
b. A significant portion of the tower and related facilities are screened by existing evergreen trees or
existing strictures;
c. Strict application of current height limits would deprive a tower or antenna operator from achieving
the minimum eu ht re tomeett e ��cG4 need;
d. The stricture for which the variance is requested is in harmony with the general purpose and intent of
this chapter; l r � u; esu ru u�lo g th f rc t1u e su i ��au -0uiem s� -t-Vu uo u u i s a is 4 ,#Hr -c � t�
the fa��€rwr�ass [m P91
f. That the granting of such variance will not be materially detrimental to the public welfare or injurious
to the property or improvements in the vicinity;
g. Any visual impacts will be mitigated to the greatest extent possible using camouflage, stealth or
screening as defined by this chapter;
h. The location of the tower and antenna has been chosen so as to minimize the visibility of the facility
from residentially zoned land and to minimize the obstruction of scenic views from public properties; and
i. The variance is the minimum necessary to grant relief to the applicant.
C. Decision. Based upon the information provided by the applicant, the results of the awes raa+d,-visual
impact analysis, and findings of compliance or noncompliance with the criteria set forth herein, the examiner may:
1. Approve an application for a variance, which may include additional requirements above those specified in
this title or require modification of the proposal to comply with specified requirements or local conditions; or
2. Deny a variance if the proposal does not meet or cannot be conditioned or modified to meet subsection B
of this section.
Chapter 15.29 WIRELESS COMMUNICATION Page 299/315
FACILITIES
D. Burden of Proof. The applicant has the burden of proving that the proposed wireless height variance meets all
of the criteria in subsection B of this section. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A)
(part), 2013).
15.29.120 Application review process.
A. Preapplication Meeting. To expedite review of applications, a preapplication meeting with the administrator is
strongly encouraged. The preapplication meeting will help the applicant determine what permits may be required for
his or her proposed wireless facility, what additional information or studies may help in the review of the
application, and what stealth and/or camouflaging techniques might be appropriate for the site. The administrator
may help to identify protected areas and may also suggest vantage points from which a visual impact assessment
should be based.
B. [mpiolReview [ciss]for Completeness. The administrator shall review each application for completeness as
specified in YMC 15.29.050 and 47 CT P,,,,-��,�,ctio,n,,,-1,,,,6�d,�d,3 After review of the application, the administrator shall
issue a determination of completeness or incompleteness in accordance with Chapter 16.04 YMC. In addition to
information required for a complete application, the administrator may request additional information from the
applicant to review the proposal and determine compliance with the provisions of this chapter. Except for the
timelines specified in subsection C of this section for applications to modify an existing wireless facility or base
ilplpli�° i1 io�i for s6 aG l 1� it lcss f`�[(Jli� is r iii � Iic(AVsuch administrative review, processing and II�,,
station, or '�. ... ..
issuance of administrative permits shall comply with the city's timelines and procedures governing review and
issuance of administrative permits in Chapter 16.04 YMC.
C. Modification Permit Review. Applications for modifications to existing wireless facilities or base stations shall
be reviewed as follows:
1. Determination of Major or Minor Modification. Within forty-five days of receipt of a complete application for
modification, the administrator shall review and issue a written determination as to whether the requested
modification is deemed a major or minor modification under the provisions of YMC 15.29.060(A). The
administrator may request additional information from the applicant or any other entity to assist in this
determination.
2. Finding of No Substantial Change—Minor Modification. If the modification is deemed by the administrator to
be a minor modification under the provisions of YMC 15.29.060(A), he shall issue a modification permit, which
may include conditions necessary to achieve compliance with the provisions of this section. Issuance of the
modification permit shall occur within forty-five days after receipt and approval of a complete application for a
modification permit.
3. Finding of Substantial Change—Major Modification. If the administrator determines that such application
constitutes a substantial change to the physical dimensions of an existing wireless tower or base station, he shall
issue a written determination that the change is a major modification and direct the applicant to submit the
appropriate application(s) as specified in Table 29-1 and YMC 15.29.050.
D. Standard Wireless Permit Review. Standard wireless applications apply to all new wireless facilities and base
stations and to major modification of all existing wireless facilities and base stations. Standard wireless applications
shall be reviewed as follows:
1. Administrative Decision. All standard �i 4 l4 s applications shall be subject to administrative
review and decision unless they require an associated wireless conditional use permit or variance as specified in
Table 29-1 or Table 29-1.5.
2. Camouflaging/Stealth Review. .1 xc ent fra,n, sniall,,,..wii le ss„1 z..dntr e 1.41e administrator shall review the
proposed method of camouflaging or stealth against conditions on or surrounding the site as follows:
a. The administrator shall consider how proposed design of the tower, placement on the site, topography
of and surrounding the site, color, structures on and surrounding the site, and natural features on and
surrounding the site help to blend the wireless facility into its setting.
Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
Page 300/315
b. The administrator may require a visual impact assessment as described in YMC 15.29.130 based upon
lines of sight or vantage points identified by the administrator.
c. The administrator shall determine if the proposed camouflaging or stealth reasonably integrates the
wireless facility into its setting. The administrator may impose conditions to ensure that the facility
achieves this objective.
3. Compliance with Standards. The administrator shall review the proposal against all other standards of this
chapter including, but not limited to, height, setbacks, color, design, lighting, landscaping, screening, and co -
location capacity. If any items are found to be not in compliance, the administrator shall notify the applicant
and direct him or her to either submit within two weeks, or other period of time deemed reasonable by the
administrator considering the scope and complexity of the required revision, revised plans to address the
compliance issue, or direct the administrator to render a decision on the application as submitted.
4. Written Decision. The administrator shall issue a written decision on the application within the time frame
specified in Chapter 16.07 YMC, identifying any items not in compliance with this chapter, and including any
conditions necessary to achieve compliance.. 114 d insi i-i'll'a i a b Gpca sral all as prrw d� c�i�, pit �� MGc� ii a prtw...
cssr d hlalici aC is p>rwr i(kQf lay ."�LMC y 5 29 0(401)
5. Appeals. The determination or decision of the administrator on any application under this chapter shall
constitute an administrative decision subject to appeal pursuant to Chapter 16.08 YMC.
E. Wireless Conditional Use Permit Review. Wireless conditional use permit applications shall be reviewed as
follows:
1. Submittal of Application. An application for a conditional use permit under this chapter shall be submitted
to the administrator, who shall review such application for completeness and compliance with filing
requirements under this chapter and applicable codes of the city, in accordance with the provisions and
procedures of YMC 1.43.090 and YMC Title 16.
2. lk4ro+ �I tl s s awr Visual Impact Assessment. The administrator shall instruct the applicant on the
requirements for bora 6 5 7-w4--atr(t-visual impact assessment. 44i td,-lw�i Fr i -)F zw�a�y ppwar d4-� i-raa �rar8N7�,
n �czw pa+.:: op d [ara aro ��, H+i rt,E 4? i*a ip I��r �4�wr i 4 ad ..:�,c c: ip rtt :4 wpd [��!..
1€iotNi d1 he [ara o o�+ visual impact assessment shall be completed prior to the scheduled public
hearing.
3. Additional Reports and Third -Party Review. The administrator shall have authority to request additional
information and reports from the applicant necessary to facilitate analysis of the proposal, including but not
limited to third -party review in accordance with YMC 15.29.140 and reports, surveys and tests as provided in
this chapter, when the administrator, in his or her sole discretion, deems such additional information necessary
or appropriate to fully assess the impact of the proposal and any reasonable alternatives, to address mitigation
measures identified in SEPA, NEPA or other environmental reviews, to address issues of site screening or other
measures to mitigate impacts upon the surrounding neighborhood, or to address any other impact to the life,
health, safety of persons, or quiet enjoyment of property, identified by the administrator as likely, with
reasonable probability, to result from the proposed project.
4. Scheduling for Hearing. Upon the administrator's determination that the application is complete and in
compliance with filing requirements of this chapter, and that required a 4lsa w, visual impact assessments
and other required reports have been finalized, the administrator in coordination with the hearing examiner
shall be responsible for assigning a date for and assuring due notice of public hearing for each application,
which date and notice shall be in accordance with the provisions of YMC Title 16.
5. Hearing Examiner—Procedures—Factors. When considering an application for a conditional use permit,
the hearing examiner shall consider the applicable standards, criteria and policies established by this title as
they pertain to the proposed use and may impose specific conditions precedent to establishing this use.
F. Wireless Height Variance Review. A wireless height variance shall be processed as follows:
Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
Page 301/315
1. Procedures and Applicable Criteria. A wireless height variance shall be reviewed under the procedures
described in Chapter 15.21, except that the hearing examiner shall apply the criteria for review and approval
defined in this chapter.
2. Ittaffaro+ �I tl s�s Visual Impact Assessment. The administrator shall instruct the applicant on the
requirements for lioi, a impact assessment. The z ay prpw,4d4- cu4p>a+a oaa-lrar9N7�.
8Ni �c ii a+# of, d4r0a+ S 8Ni (4""i Ftld,- lrarCC4�wNi 4^r -lig eNi 8Ni � ;s irwt4 air4prte° it!! t+� ,�4d l44,....
�w 4 1€t4r9N7 a d4 lrrtd4)ovisual impact assessment shall be completed prior to the scheduled public
hearing.
3. Third -Party Review. Applications for variance may also require third -party review as described in YMC
15.29.140.
4. Hearing Examiner Decision. The hearing examiner shall determine whether the proposed variance
complies with the criteria for a variance in YMC 15.29.110, and that the proposed wireless facility complies
with all other standards of this chapter. If the examiner finds that the proposal does not comply with the criteria
for a variance he shall deny the variance and associated wireless facility. If the examiner finds that the proposal
complies with the criteria for a variance and with all other development standards of this chapter, he shall
approve the variance and the associated wireless facility. The examiner may impose any conditions necessary
to ensure compliance with all standards. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A)
(part), 2013).
15.29.130 341l400ii+ fest Visual impact assessments.
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Visual Impact Assessment. A visual impact assessment with photo -simulation of the proposed facility is
required for all applications that require a conditional use permit or variance, and may be required by the
administrator for any other application deemed necessary by the administrator to assess visual impacts associated
with such application. As part of such application, the applicant shall furnish a visual impact assessment, which shall
include:
1. Zone of Visibility Map. If a new tower or substantial modification increasing the height of an existing
structure is proposed, a computer generated "zone of visibility map" at a minimum of one -mile radius from the
proposed structure, with and without foliage, shall be provided to illustrate locations from which the proposed
installation may be seen.
2. Photo -Simulations. Pictorial representations of "before and after" (photo -simulations) views from key
viewpoints within the zone of visibility. Guidance will be provided, concerning the appropriate key sites at the
preapplication meeting, as required. Provide a map showing the locations of where the pictures were taken and
distance from the proposed structure.
3. Description of Visual Impact. A written description of the visual impact of the proposed facility including,
and as applicable, the tower base, guy wires, fencing and accessory buildings from abutting and adjacent
Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
Page 302/315
properties and streets as relates to the need or appropriateness of camouflaging. (Ord. 2016-029 § 1 (Exh. A)
(part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.140 Third -party review.
8�ti a ra�ral %,,A 'ireless service providers use various methodologies and analyses, including geographically based
computer software, to determine the specific technical parameters of their services and [ovi povi F �dq 4r
P,t(f,4o facilities, such as expected coverage area, antenna configuration, topographic constraints that affect
signal paths, etc. In certain instances, a third -party expert may need to review the technical data submitted by a
provider. The city may require a technical review as part of a permitting process for a variance or conditional use
permit. The costs of the technical review shall be borne by the provider.
The selection of the third -party expert may be by mutual agreement between the provider and the city, or, at the
discretion of the city, with a provision for the provider and interested parties to comment on the proposed expert and
review its qualifications. The expert review is intended to address interference and public safety issues and be a site-
specific review of technical aspects of the facilities or a review of the providers' methodology and equipment used
and not a subjective review of the site that was selected by a provider. Based on the results of the expert review, the
city may require changes to the provider's application. The expert review shall address the following:
1. The accuracy and completeness of submissions;
2. The applicability of analysis techniques and methodologies;
3. The validity of conclusions reached; and
4. Any specific technical issues designated by the city. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-
051 § 2 (Exh. A) (part), 2013).
15.29.150 Nonuse/abandonment.
A. Notice of Abandonment. No less than thirty days prior to the date that a vw4pu I4 provider
plans to abandon or discontinue operation of a facility, the provider must notify the city of Yakima by certified U.S.
mail of the proposed date of abandonment or discontinuation of operation. In the event that a [�°e�z+•41i,...
Q: r FFq?rm i( r fails to give notice, the facility shall be considered abandoned upon the city's discovery of
discontinuation of operation. Upon such abandonment, the provider shall have sixty days or additional period of
time determined in the reasonable discretion of the city within which to:
1. Reactivate the use of the facility or transfer the facility to another provider who makes actual use of the
facility; or
2. In the event that abandonment as defined in this chapter occurs due to relocation of an antenna at a lower
point on the antenna support stricture, reduction in the effective radiated power of the antenna or reduction in
the number of transmissions from the antennas, the operator of the tower shall have six months from the date of
effective abandonment to co -locate another service on the tower. If another service provider is not added to the
tower, then the operator shall promptly dismantle and remove the portion of the tower that exceeds the
minimum height required to function satisfactorily. Notwithstanding the foregoing, changes which are made to
wireless facilities which do not diminish their essential role in providing a total system shall not
constitute abandonment. However, in the event that there is a physical reduction in height of substantially all of
the provider's towers in the city or surrounding area then all of the towers within the city shall similarly be
reduced in height� or -
3. Dismantle and Remove Facility. If the tower, antenna, foundation, and facility are not removed within the
sixty-day time period or additional period of time allowed by the city, the city may remove such tower,
antenna, foundation, and related facility at the provider's expense. If there are two or more providers co -
locating on a facility, except as provided for in subsection (A)(2) of this section, this provision shall not
become effective until all providers cease using the facilityorr
�. If the sm[mP12]all facility is located on a utility pole owned by the City, the small°Md��cG4 I4 ,r;r_
facility shall be removed from the utility pole. If damage is caused to the pole as a result of the existence
and/or removal of the small cell facility, the provider shall be responsible for all costs of repair and/or
replacement of the utility pole. Further, if damage is done to the right-of-way as a result of the removal of a
Chapter 15.29 WIRELESS COMMUNICATION
FACILITIES
Page 303/315
small � irc I4 r rQ; d facility located within a City right-of-way provider shall be responsible for all costs of repair
and/or replacement of the right-of-way area. -
B. Expiration of Approval. At the earlier of sixty days from the date of abandonment without reactivating or upon
completion of dismantling and removal, city approval for the facility shall automatically expire. (Ord. 2016-029 § 1
(Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.160 Transfer of ownership.
A conditional use permit nuns with the land; compliance with the conditions of any such permit is the responsibility
of the current owner of the property, whether that is the applicant or a successor. No permit for which a financial
security is required shall be considered valid during any time in which the required financial security is not posted.
(Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.170 Vacation of permits.
A. Any permit issued pursuant to this chapter may be vacated upon approval by the current landowner; provided,
that:
1. The use authorized by the permit does not exist and is not actively being pursued; or
2. The use has been terminated and no violation of terms and conditions of the permit exists.
B. Requests to vacate a permit shall be made in writing to the zoning code administrator who shall determine if the
above conditions are present prior to authorizing the vacation. Vacation of any permit shall be documented by the
filing of a notice of land use permit vacation on a form provided by the community development department with
the city. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.180 Violation—Penalty.
Compliance with the requirements of this code shall be mandatory. Any violation of the provisions of this chapter
shall be a misdemeanor subject to the penalties and remedies established in YMC 6.02.050. Additionally, any
violation of the provisions of this chapter, and any installation and/or operation of any structure in violation of the
provisions of this chapter, shall be deemed a public nuisance and violation subject to penalties and remedies
available under state law and city codes. The enforcement actions authorized under this code shall be supplemental
to those general penalties and remedies of Chapter 6.02 YMC and the public nuisance penalties and remedies
available under state law and city codes. (Ord. 2016-029 § I (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A)
(part), 2013).
15.29.190 Relief, waiver, exemption.
Any applicant desiring relief, waiver or exemption from any aspect or requirement of this chapter may request such,
pursuant to and in compliance with the applicable provision on general variances as contained in Chapter 15.21
YMC; provided, that the relief or exemption is contained in the submitted application for permit or, in the case of an
existing or previously granted permit, a request for modification of its tower and/or facilities. Such relief may be
temporary or permanent, partial or complete. No such relief or exemption shall be approved unless the applicant
demonstrates by clear and convincing evidence that, if granted, the relief, waiver or exemption will have no
significant effect on the health, safety and welfare of the city, its residents and other service providers. (Ord. 2016-
029 § 1 (Exh. A) (part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013).
15.29.200 Severability.
a. If any word, phrase, sentence, part, section, subsection, or other portion of this chapter or any application
thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word,
phrase, sentence, part, section, subsection, or other portion, or the proscribed application thereof, shall be severable,
and the remaining provisions of this chapter, and all applications thereof, not having been declared void,
unconstitutional, or invalid shall remain in full force and effect.
b. Any permit issued under this chapter shall be comprehensive and not severable. If part of a permit is deemed or
riled to be invalid or unenforceable in any material respect by a competent authority, or is overturned by a
competent authority, the permit shall be void in total, upon determination by the city. (Ord. 2016-029 § 1 (Exh. A)
(part), 2016: Ord. 2013-051 § 2 (Exh. A) (part), 2013.
City of Yakima Planning Commission
May 8, 2019
Affordable Housing
....... ........ ......... ......... ......... ......... ........ ......... ......... ......... ........ ......... ......... ......... ......... .........
1. Background
On March 12, 2019, the City Council held a study session where it was moved and seconded to
send the following items to the Planning Commission for further review and discussion:
a. Review options for zoning of additional land for multi -family construction
b. Analyze the Zoning Ordinance (YMC 15) & Subdivision Ordinance (YMC 14) for
regulatory strategies
c. Analyze the R-1 Zoning District to determine if more density should be allowed
in the R-1 zone
d. Review techniques used in other cities, especially in the state of Washington, to
encourage new housing of all types
e. Review the concept of Inclusionary Housing Ordinances that require set -asides
for affordable housing or payment into a fund for affordable housing. Seattle and
Portland have similar ordinances with mixed results
f. Review short term rental zoning and licensing regulations (AirBNB or VRBO)
2. Action Item 1.1). — Review Techniques used in other cities, especially in the state
of Washington, to encourage new housing of all types.
SEPA Exemption Threshold — at the April 24, 2019 YPC meeting, the discussion revolved
around possible SEPA exemptions in the Downtown and Mixed -Use areas. In the 2040 plan, the
Mixed -Use designations include a large portion of the City. From a zoning standpoint, it seems
the logical places to start would be the General Commercial (GC) district and the Multi -Family
Residential (R-3) along a Primary Arterial.
Current Exemption Levels and Draft Language for consideration:
6.88.070 Flexible thresholds for categorical exemptions.
....... ........ ......... ......... ......... ......... ........ ......... .........
1. For residential dwelling units in WAC 197-11-800(1)(b)(i):
a. n Sixf [cji] ,dwelling units ii..n..... _.2...........p . „ ::: C.0........:::::C.C.........
.C....
Ir,,,,,,I,.",,,,L1„I ,,,, ,,,, ,! ,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,, ,!1,;,; ,Irr !!,,,,,y,,,,,ir ,P,,,,,,,,,, ,rq p, y ,,,,c ,ll
b. Thin [02�dwellin units
-- 9 q....:: Y.
S4 -',1 , -and p dii .Cor dun Ilc� II �irriill
13 .2 _ rn ii 11 11 � y llc�� gle nt;
2. For office, school, commercial, recreational, service or storage buildings in WAC 197-
11-800(1)(b)(iii):
a. Neither more than twelve thousand square feet nor more than forty parking
spaces in the B-1, B-2, SCC, LCC, AS, CBD, GC, RD, M-1 and M-2 zoning
districts;
b. Neither more than four thousand square feet nor more than twenty parking
spaces in all other zoning districts;
Il or Iinlflillll devello �in�ent conslistent wlith the Clit off Yalkliirnia Coirniirehenslive Il Alan and
ffCW 48.2 1 C.9:
............................................................................................................................
a .... ............... lf iIde nI.i.a1 ll"� y llco,)iment LD to 89/199 dwelllllin unfits lin the CC and Cl: IC:� zonlinq
dlistirlicts and /land lin the 11 ..8 zonlindlistrlict /located anon a Il rlincli all Airtoirliall.
(;.b.Mlixed /«Use I.Devellopirn�ent that Iinclludes at (least 18 roes dwelllllin unfits Heir ache
U.................................................................................................................................................................................................................q..............................................................................................................................ll......................................................
on uu)u)eir lfllooirs lin the CC and CIBID zonlina dlistirlicts.
RCW
Infill development—Categorical exemptions from chapter.
(1) In order to accommodate infill development and thereby realize the goals and
policies of comprehensive plans adopted according to chapter n�„6 lQ� 8 RCW, a city or county
planning �4 0 is authorized by this section to establish categorical
tannin under RCW %�?r ����%%�,'
exemptions from the requirements of this chapter. An exemption adopted under this section
applies even if it differs from the categorical exemptions adopted by rule of the department
under R W���%�/'`I�%
1` ,(1)(a). An exemption may be adopted by a city or county under this
section if it meets the following criteria:
(a) It categorically exempts government action related to development proposed to fill in
an urban growth area, designated according to R W 13,1, rl„��,An,,,,,,"„„��, where current density and
intensity of use in the area is lower than called for in the goals and policies of the applicable
comprehensive plan and the development is either:
(i) Residential development;
(ii) Mixed-use development; or
(iii) Commercial development up to sixty-five thousand square feet, excluding retail
development;
(b) It does not exempt government action related to development that is inconsistent with
the applicable comprehensive plan or would exceed the density or intensity of use called for in
the goals and policies of the applicable comprehensive plan;
(c) The local government considers the specific probable adverse environmental impacts
of the proposed action and determines that these specific impacts are adequately addressed by
the development regulations or other applicable requirements of the comprehensive plan,
subarea plan element of the comprehensive plan, planned action ordinance, or other local,
state, or federal rules or laws; and
(d)(i) The city or county's applicable comprehensive plan was previously subjected to
environmental analysis through an environmental impact statement under the requirements of
this chapter prior to adoption; or
(ii) The city or county has prepared an environmental impact statement that considers
the proposed use or density and intensity of use in the area proposed for an exemption under
this section.
(2) Any categorical exemption adopted by a city or county under this section shall be
�..'��`���%���������,1`�0(1)(a) that provide
subject to the rules of the department adopted according to R W h�����(� %{
exceptions to the use of categorical exemptions adopted by the department.
Multifamily Tax Credit
My Z 2119 118,056
0 0 0.2 0.4 mi
CBD Parking Exempt Area a Cos 01 Of km
Muilti-Familly Tax Exemption Target Area
Chapter 11.63
DOWNTOWN REDEVELOPMENT TAX INCENTIVE PROGRAM
8aoUono:
11.63IL10 Purpose.
11.63I%20 Short title.
11.62.025 Duly authorized administrative official.
11.63.030 Statutes adopted.
11.63I40 Residential target area designation and standards.
11.63^042 Project eligibility.
11J63L045 Application—Procedures.
11.63^100 Appeals.
11.63.010 Purpose.
The purpose of this chapter is to provide for increased residential opportunities in the city of Yakima within
urban centers where the Yakima city council determines there are insufficient housing opportunities. |tiofurther
the purpose of this chapter to stimulate the construction of new multiple -unit housing and the rehabilitation of
existing vacant and underutilized buildings for multiple -unit housing in urban centers having insufficient housing
opportunities that will increase and improve residential opportunities within these urban centers. To achieve
these purposes this chapter provides special valuations for eligible improvements associated with multiple -unit
housing in residentially deficient urban oanhoro. It is intended that this chapter meet all required provisions and
procedures set forth inChapter {4^|4RCVVhocomport with state law. (Ord 2017'001 §2(part).2O17).
11.63.020 Short title.
The following sections shall be known and may be cited as the "downtown redevelopment incentive." (Ord.
2017'001 §2(pan0.2O17).
11.62.025 Dulauthorized administrative official.
The duly authorized administrative official of the city will be the city's department economic development or an
authorized designee. (Ord. 2017-001 §2 (part), 2017).
11.03.030 Statutes adopted.
61
The following Revised Code of Washington (RCW) sections, as currently enacted or as hereafter amended or
recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if
set forth herein in full:
RCW
84.14.005 Findings.
84.14.010 Definitions.
84.14.020 Exemption—Duration—Valuation.
84.14.030 Application—Requirements.
84.14.060 Approval—Required findings.
84.14.070 Processing—Approval—Denial—Appeal.
84.14.090 Filing requirements for owner upon completion—Determination by city or county—Notice of
intention by city or county not to file—Extension of deadline—Appeal.
84.14.100 Report—Filing.
84.14.110 Cancellation of exemption—Notice by owner of change in use—Additional tax—Penalty—
Interest—Lien—Notice of cancellation—Appeal—Correction of tax rolls.
(Ord. 2017-001 § 2 (part), 2017).
11.63.040 Residential tarqet area designation and standards.
A. Criteria. Following a public hearing, the city council may, in its sole discretion, designate one or more
residential target areas. Each designated target area must meet the following criteria, as determined by the city
council:
1. The target area is located within a designated urban center;
2. The target area lacks sufficient available, desirable, and convenient residential housing to meet the
needs of the public who would likely live in the urban center if desirable, attractive, and livable places
were available; and
3. The provision of additional housing opportunities in the target area will assist in achieving the
following purposes:
(a) Encourage increased residential opportunities within the target area;
(b) Stimulate the construction of new multiple -unit housing and the rehabilitation of existing
vacant and underutilized buildings for multifamily housing;
11
(c) Stimulate the historically sensitive reuse of vacant and underutilized upper floors of urban
center commercial space for permanent residential living;
(d) Encourage mixed-use development or redevelopment of buildings in the identified areas of
the urban center presently containing retail and commercial uses that would support downtown
residential living on the ground floors and would provide permanent residential housing on the
upper floors.
In designating a residential target area, the city council may also consider other factors, including, but not
limited to: whether additional housing in the target area will attract and maintain a significant increase in the
number of permanent residents; whether an increased residential population will help alleviate detrimental
conditions and social liability in the target area; and whether an increased residential population in the target
area will help to achieve the planning goals mandated by the Growth Management Act under
RCW 36.70A.020. The city council may, by ordinance, amend or rescind the designation of a residential target
area at any time pursuant to the same procedure as set forth in this chapter for original designation.
B. Target Area Standards and Guidelines. For each designated residential target area within an urban center
the city council shall adopt standards and guidelines, as required by RCW 84.14.040(5), for both new
construction and rehabilitation, including any area -specific application procedures that may be required in
addition to the standard application process described herein. The requirements for a particular development
plan (hereinafter "project") shall be relative to the size of the proposed development and the tax benefit to be
obtained. In addition to the specific guidelines set forth in YMC 11.63.042, the city council adopts the following
guidelines applicable to the specific projects at issue in this chapter:
1. Minimum Investment. Each project must represent an investment of a minimum of twenty-five
thousand dollars per unit.
2. Relocation. The project shall not result in residential displacement and shall not be considered for
approval unless all relocation obligations required by state and federal law are satisfied.
3. Ground Floor Space. The program is not available for projects that plan to convert existing ground
floor commercial space (occupied or vacant) to housing, unless approved by way of specific waiver from
city council. The city council encourages the use of ground floor spaces for retail and commercial uses
that are supportive of downtown residential living in urban center residential projects approved under this
program.
4. Reuse and Conversion. The program encourages the conversion and rehabilitation of the upper
stories of urban center buildings for residential use.
C. Designated Target Areas. The boundary of the "residential target area" subject to this chapter is the
boundary of that portion of the urban center set forth below and indicated on the map identified as Exhibit "A,"
attached to the ordinance codified in this chapter and incorporated herein by this reference, which are on file in
the city clerk's office.
Beginning at the intersection of East Martin Luther King Jr. Blvd and North 6th Street; then south to the
intersection of South 6th Street and East Walnut Street; then west to the alignment of the BNSF railroad
tracks; then north to the alignment of West Chestnut Street; then west along the alignment of West
Chestnut Avenue to South 7th Avenue; then north to East A Street; then east along the alignment of
West A Street to the alignment of the BNSF railroad tracks; then north to the alignment of East Martin
Luther King Boulevard; then east to point of beginning.
(Ord. 2017-010 § 1, 2017: Ord. 2017-001 § 2 (part), 2017).
11.63.042 Project eligibility.
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A proposed project must meet the following requirements for consideration for a property tax exemption:
1. Location. The project must be located within a residential target area, as designated in YMC 11.63.040(C).
2. Tenant Displacement Policy. Existing dwelling units proposed for rehabilitation must have been
unoccupied for a minimum of twelve months prior to submission of an application and must have one or more
violations of the city's minimum housing code, or the project shall not displace existing residential tenants of
structures that are proposed for redevelopment prior to a demonstration that all relocation obligations set forth
in and required by state and federal laws have been complied with. Applications for new construction cannot be
submitted for vacant property upon which an occupied residential rental structure previously stood, unless a
minimum of twelve months has elapsed from the time of most recent occupancy.
3. Size. The project must include at least four units of multiple -unit housing within a residential structure or as
part of a mixed-use development. A minimum of four new units must be constructed or at least four additional
multiple -units must be added to existing occupied multiple -unit housing. Existing multiple -unit housing that has
been vacant for twelve months or more shall not be required to provide additional units so long as the project
provides at least four units of new, converted, or rehabilitation multifamily housing.
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4. Permanent Residential Housing. One hundred percent of the space designated for multiple -unit housing
must be provided for permanent residential occupancy, as defined in RCW 84.14.010(13).
5. Proposed Completion Date. New construction multiple -unit housing and rehabilitation improvements must
be scheduled to be completed within three years from the date of application approval.
6. Compliance with Guidelines and Standards. The project must be designed to comply with the city's
comprehensive plan, building, housing, and zoning codes, and any other applicable regulations in effect at the
time the application is approved. Rehabilitation and conversion improvements must comply with the city's
minimum housing code. New construction must comply with the International Building Code (IBC). The project
must also comply with any other standards and guidelines adopted by the city council for the residential target
area in which the project will be developed. (Ord. 2017-010 § 2, 2017: Ord. 2017-001 § 2 (part), 2017).
11.63.045 Application—Procedures.
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A property owner who wishes to propose a project for a tax exemption under this chapter shall complete the
following procedures
1. An applicant desiring to make use of this program shall file with the city's planning and development
services department the required application, together with the required fees. The initial application fee to the
city shall consist of a base fee of zero dollars, plus zero dollars per multiple -unit, up to a maximum total fee to
the city of zero dollars. An additional one -hundred -dollar fee to cover the Yakima County assessor's
administrative costs shall also be paid to the city. If the application shall result in a denial by the city, the city
shall retain that portion of the fee attributable to its own administrative costs and refund the balance to the
applicant.
2. A complete application shall include:
(a) A completed city of Yakima application form setting forth the grounds for the exemption;
(b) Preliminary floor and site plans of the proposed project;
(c) A statement acknowledging the potential tax liability when the project ceases to be eligible under
this chapter; and
(d) Verification by oath or affirmation of the accuracy and completeness of the information submitted.
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For rehabilitation projects, the applicant shall also submit an affidavit that existing dwelling units have been
unoccupied for a period of twelve months prior to filing the application, or verifiable evidence that all state and
federal laws regarding residential displacement have been complied with, and shall secure from the city written
verification of property noncompliance with the city's minimum housing code. (Ord. 2017-001 § 2 (part), 2017).
11.63.100 Appeals.
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A. An appeal denying an application filed under this chapter may be appealed by the applicant by requesting
a hearing before the city's hearing examiner, as provided by RCW 84.14.070(4)
B. Within thirty days of receipt of the director's denial of a final certificate of tax exemption, the applicant may
request an open record appeal before the city's hearing examiner, as provided in YMC 16.08.020 and
RCW 84.14.090, at which all affected parties may be heard and all competent evidence received. The hearing
examiner will affirm, modify, or repeal the decision to deny the issuance of a final certificate of tax exemption
based on the evidence received.
C. Within thirty days of receipt of a cancellation of exemption, the applicant may request an open record
appeal before the city's hearing examiner, as provided in YMC 16.08.020 and RCW 84.14.110, at which all
affected parties may be heard and all competent evidence received. (Ord. 2017-010 § 3, 2017).
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