HomeMy WebLinkAbout11/15/2011 06 Urban Area Zoning Ordinance Amendments BUSINESS OF THE CITY COUNCIL
• YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No:
For Meeting of November 15, 2011
ITEM TITLE: Closed Record Public Hearing to consider the City of Yakima Planning
Commission's recommendation on text amendments to the City of Yakima's Municipal Code
Title 15 Urban Area Zoning Ordinance.
SUBMITTED BY: Joan Davenport, Planning Manager
. CONTACT PERSON/TELEPHONE: Jeff Peters, Associate Planner, 575 -6163
SUMMARY EXPLANATION: On October 19, 2011, the City Planning Commission
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adopted written findings and recommendations concerning City initiated
amendments to its Municipal Code Title 15 Urban Area Zoning Ordinance. The
below listed sections were reviewed and accepted by the Council's Economic
Development Committee to be amended by the Yakima Planning Commission on
March 2, 2011:
Sections: 15.02.020, 15.03.020, 15.03.030, 15.04.030, 15.04.060, 15.05.020, 15.05.030,
• 15.06.040, 15.09.070, and 15.28.025.
Council is requested to hold a closed record public hearing to consider the Yakima Planning
Commission's recommendations regarding these City initiated amendments to its Municipal
Code Title 15 Urban Area Zoning Ordinance.
Resolution_ Ordinance X Other YPC Findings
Contract Mail to (name and address):
Phone:
Funding Source: N/A
APPROVED FOR SUBMITTAL: lid, ; ' /i / City Manager
STAFF RECOMMENDATION: Hold the closed record public hearing, and adopt the
accompanying ordinance approving the proposed amendments to the City of Yakima's Title 15
Urban Area Zoning Ordinance.
BOARD /COMMISSION RECOMMENDATION: The City of Yakima Planning Commission
recommended approval of the proposed amendments on October 19, 2011.
COUNCIL ACTION:
•
• ORDINANCE NO. 2011 -
AN ORDINANCE relating to the regulation of land use and development in the City
of Yakima and amending ,the following sections of Title 15 of the
City of Yakima Municipal Code: 15.02.020, 15.03.020, 15.03.030,
15.04.030, 15.04.060, 15.05.020, 15.05.030, 15.06.040,
15.09.070, and 15.28.025.
WHEREAS, the Planning Commission of the City of Yakima has considered certain
amendments to Title 15 of the Yakima Municipal Code pertaining to regulation of and use and
development in the City of Yakima; and
WHEREAS, the Planning Commission has held an open record public hearing on
October 19, 2011, pursuant to notice, and has received and considered all evidence and
testimony presented; and
WHEREAS, the Planning Commission, having conducted such public hearing, found,
determined and recommended that the City Council approve such amendments; and
WHEREAS, the City Council has held a closed record hearing on November 15, 2011,
pursuant to notice, to consider such amendments as recommended by the Planning
Commission; and
WHEREAS, the City Council of the City of Yakima, having considered the record herein
and the recommendation from the Planning Commission, hereby finds and determines that
approval of such amendments is in the best interests of residents of the City of Yakima and will
promote the general health, safety and welfare; therefore
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 15.02.020 of the City of Yakima Municipal Code is hereby amended
to read as follows:
15.02.020 — Definitions
For the purpose of this title, certain abbreviations, terms, phrases, words and their derivatives
shall be construed as specified herein unless the context requires a different meaning. Where
terms are not defined, they shall have the ordinary accepted meaning within the context with
which they are used. Where an activity or land use could fall under two definitions, the more
specific shall apply. The Webster's Ninth New Collegiate Dictionary, with the assistance of the
American Planning Association's Planner Dictionary and Black's Law Dictionary, shall be the
source for ordinary accepted meaning and for the definition of words not defined below. Specific
examples are included as illustrations, but are not intended to restrict a more general definition.
"Access driveway" means an entrance roadway from a street or alley to a parking facility.
"Access easement" means any private easement for the purpose of ingress and egress that
• is not dedicated to the public and that is owned by the underlying owners of land over which it
crosses.
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"Accessory dwelling unit (ADU)" means a structure meeting the purpose and requirements of
YMC 15.09.045 which is attached to a single - family home, or detached garage with living
facilities for one individual or family separate from the primary single - family.
"Accessory use" means a use that is subordinate and incidental to a principal use.
"Administrative official" means the duly appointed Yakima County planning official or the city
of Yakima director of community and economic development, whichever is appropriate, or their
designee.
Adult Day Care Center. See "day care facility."
"Adult Family Home" means a regular family abode, licensed by the state, in which a person
or persons provide personal care, special care, room, and board to more than one but not more
than six adults who are not related by blood or marriage to the person or persons providing the
services (RCW 70.128.175)
"Agriculture" means the tilling of soil, raising of crops and horticulture. (See Table 4 -1, YMC
15.04.030.)
"Agricultural building" means a structure designed and constructed to store farm implements
or hay, grain, poultry, livestock, fruit and other agricultural products. Controlled atmosphere and
cold storage warehouses are not agricultural buildings. An agricultural building shall not be used
for human habitation; for processing, treating or packaging agricultural products; nor shall it be a
place used by the public.
"Agricultural market" means a use primarily engaged in the retail sale of fresh agricultural •
products, grown either on or off site. An agricultural market may include, as incidental and
accessory to the principal use, the sale of factory- sealed or prepackaged food products such as
for human habitation; for processing, treating or packaging agricultural products; nor, shall it be
a place used by the public.
Boxes of apples or other fruit and some limited nonfood items, and these products shall consist
of no more than forty percent of the gross floor area. This definition does not include the sale of
livestock.
"Agricultural Product Support" means a business that provides a product or service intended
for use in the processing, storage, preservation, or distribution of agricultural commodities. This
definition does not include agricultural processing, storage, preservation, distribution, and
related uses.
"Agricultural Related Industry" means specifically:
1. "Packaging plants" may include, but are not limited to, the following activities: washing,
sorting, crating and other functional operations such as drying, field crushing, or other
preparation in which the chemical and physical composition of the agricultural product remains
essentially unaltered. This definition does not include processing activities, slaughterhouses,
animal reduction yards, or tallow works;
2. "Processing plants" may include, but are not limited to, those activities which involve the
fermentation or other substantial chemical and physical alteration of the agricultural product.
This definition does not include slaughterhouses or rendering plants; and
3. "Storage facilities" include those activities that involve the warehousing of processed
and /or packaged agricultural products.
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"Agricultural stand" means a structure up to one thousand square feet in area used for the
retail sale of agricultural products grown on the premises, excluding livestock raised on the
premises.
"Airport commercial" means the retail sale of aviation - related products and services including
aircraft service and rental, air passenger services, and air terminal activities including passenger
ticketing, baggage, taxi service, car rental, restaurants, hotels, and gift shops.
"Airport industrial" means research, design, fabrication, and assembly of aircraft, aircraft
parts, and aviation - related products located at the Yakima Air Terminal. This use also includes
storage and wholesale trade of aviation - related products and air cargo operations and
associated storage and processing.
"Airport operations" means activities, uses, structures and facilities that are located on and
necessary to the operation of the Yakima Air Terminal. These activities and facilities include
runways, taxiways, parking ramps and aprons, navigation and radar /radio communication
facilities and equipment, safety and emergency facilities, and storage and maintenance
facilities.
"Alley" means a public thoroughfare or way twenty feet or less in width which has been
dedicated to the city of Yakima or Yakima County for public use. Alleys provide only a
secondary means of access to abutting property.
"Amendment" means a change in the wording, content, or substance of this title, or change in
the district boundaries on the official zoning map.
"Amusement park" means a permanent indoor and /or outdoor facility, which may include
structures and buildings, where there are various devices for entertainment, including rides,
booths for the conduct of games or the sale of items, and buildings for shows and
entertainment.
"Animal clinic /hospital" means a structure used for veterinary care of sick or injured animals.
The boarding of animals is limited to short -term care and is accessory to the principal use. This
definition does not include kennels.
"Animal husbandry" means the raising of domesticated farm animals when, in the case of
dairy cows, beef cattle, horses, ponies, mules, llamas, goats and sheep, their primary source of
food, other than during the winter months, is from grazing in the pasture where they are kept.
"Appeal" means a request for review of an administrative official's, or hearing examiner's
decision, determination, order or official interpretation of any provision of this title.
"Applicant" means a person submitting an application for any permit or approval required by
this title and who is the owner of the subject property or the authorized agent of the owner.
"Application for development" means the application form and all accompanying documents
and exhibits required by this title or the administrative official.
• "Arterial" means a principal or minor arterial, as shown in the Yakima urban area
transportation plan adopted in the Yakima urban area comprehensive plan.
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"Attached" means, in the case of dwellings, two or more dwellings connected by a common •
vertical wall(s) or roofline, or, in the case of multistory buildings, by a common ceiling /floor(s).
"Auction house" means a structure or enclosure where goods and /or livestock are sold by
auction.
Automobile Service Station. See "service station."
"Automobile, truck, manufactured home and /or travel trailer sales" means a place used for the
display, sale or rental of new or used automobiles, trucks, manufactured and mobile homes,
travel trailers, and campers.
"Automotive wrecking or dismantling yard" means a place used for the storage and /or sale of
used automotive parts and for the storage, dismantling, sorting, cleaning, crushing or baling of
wrecked automobiles, trucks, trailers, or machinery.
"Bed and breakfast" means a residential structure providing individuals with lodging and
meals for not more than thirty days. For home occupations, such uses are limited to having not
more than five lodging units or guest rooms.
"Beverage industries" means the production, processing, and /or packaging of milk, soft
drinks, beer, wine, fruit juices and other drinks.
Bingo Parlor. See "game room."
"Boardinghouse" means an establishment providing both lodging and meals for not more than
ten persons residing in the facility on a permanent or semi - permanent basis.
Building. See "structure."
"Building area" means the three - dimensional space within which a structure is permitted to be
built on a lot and which is defined by maximum height regulations, yard setbacks and building
coverage.
"Building code" means the building code and related codes as amended and adopted by
Yakima County /city of Yakima.
"Building height" is the vertical distance above a reference datum measured to the highest
point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of
the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of
the following, whichever yields a greater height of building:
1. The elevation of the highest adjoining sidewalk or finished ground surface within a five -
foot horizontal distance of the exterior wall of the building when such sidewalk or finished
ground surface is not more than ten feet above lowest finished grade;
2. An elevation ten feet higher than the lowest finished grade when the highest sidewalk or
finished ground surface described in subsection 1 of this definition is more than ten feet above
lowest finished grade. (See Figure 2 -1.)
The height of a stepped or terraced building is the maximum height of any segment of the
building.
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Del emit. mien of Budding Height is Feet
"Building official" means that person or persons designated by the legislative body to enforce
the provisions of the building code and administer the assigned provisions of this title.
"Business school" means a commercial or public school providing instruction solely in
professional skills such as: business management, accounting, secretarial skills, sales,
marketing and merchandising.
"Butcher shop" means a custom retail meat cutting operation. This definition does not include
slaughtering, but does include other accessory uses such as frozen food lockers.
"Campground" means a development providing facilities for outdoor recreational activities,
including structural improvements such as covered cooking areas, group facilities, and . travel
trailer or tent sites designed for temporary occupancy. This definition includes camping clubs
when developed in accordance with applicable state standards.
"Car wash" means a business engaged in washing, waxing and /or polishing cars and small
trucks. This definition includes self - service car washes, automated car washes, manned car
washes and auto detailing.
Card Room. See "game room."
"Caretaker dwelling" means a single - family dwelling unit accessory to an agricultural,
professional, commercial, or industrial use for occupancy by the owner /caretaker.
"Center line of right -of -way" means the mid -point between the future alignment of the
opposite edges of the right -of -way.
"Certificate of zoning review" means that certificate issued by the appropriate administrative
official stating that the proposed use of the structure or land conforms to the provisions of this
title.
"Change of use" means a change from one use listed in Table 4 -1, Table of Permitted Land
Uses, to another use listed in that table.
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"Chicken tractor" means a movable chicken coop lacking a floor, and may house other kinds
of poultry.
"Church" means a structure, or group of structures, which by design and construction are
primarily used for organized religious services and instruction.
"City" means the city of Yakima.
"Class (1) uses" are those uses set forth and defined in the text and tables of YMC Chapter
15.04 and are considered compatible and are permitted on any site in the district. The
administrative official shall review Class (1) uses for compliance with the provisions and
standards of this title.
"Class (2) uses" are those uses set forth and defined in the text and tables of YMC Chapter
15.04 and are generally permitted throughout the district. However, site plan review by the
administrative official is required in order to ensure compatibility with the intent and character of
the district and the objectives of the Yakima urban area comprehensive plan.
"Class (3) uses" are those uses set forth and defined in the text and tables of YMC Chapter
15.04 and are generally incompatible with adjacent and abutting property because of their size,
emissions, traffic generation, neighborhood character or for other reasons. However, they may
be compatible with other uses in the district if they are properly sited and designed. Class (3)
may be permitted by the Hearing Examiner when he determines, after holding a public hearing,
that the use complies with provisions and standards; and, that difficulties related to the
compatibility, the provisions of public services, and the Yakima Urban Area Comprehensive
Plan policies have been adequately resolved.
"Class (1), (2) or (3) use, approved" means any use or development approved upon
completion of Type (1), (2) or (3) review.
"Class (1), (2) or (3) use or development, existing" means a use or development legally
existing or legally established prior to the effective date of this title that has been or would be
classified under YMC Chapter 15.04 as a Class (1), (2) or (3) use in a particular district, even
though the use has not been through Type (1), (2) or (3) review, and may or may not conform to
the standards of this title. This definition includes any existing Class (1), (2), or (3) use with an
approved modification under YMC Ch. 15.17.
"Clean and sober facility" means a commercial business providing a dwelling or building for
occupation by rehabilitated alcohol and /or drug users, during their re -entry into the community.
The clean and sober facility provides residentially oriented facilities for the rehabilitation or
social adjustment of persons who may need supervision or assistance in becoming socially
reoriented, but who do not need institutional care. (Also see "halfway house. ")
"Clinic" means a structure for the medical examination and treatment of human patients, but
without provision for keeping such patients overnight on the premises.
"Closed record appeal" means an administrative appeal, held under RCW 36.70B, that is on
the record to a county /city body or officer (including the legislative body) following an open
record hearing on a project permit application with no or limited new evidence or information
allowed to be submitted and only appeal arguments allowed.
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"Coffee /espresso drive - through facility" is a place used to sell coffee and associated items
from a drive -up window to a person driving a vehicle.
"Coffee /espresso stand" is a place used to sell coffee and associated items from a bar or
counter area commonly inside a building and /or structure.
"Commercial services" means technical services and specialized care services such as lawn
and garden care and delivery services, except as otherwise regulated.
"Communication tower" means any tower, pole, mast, whip, or antenna, or any combination
thereof, used for radio or television transmission or Tine -of -sight relay. This definition includes
towers erected for use in the amateur radio service.
"Communication tower height" means the vertical distance above the ground measured to the
highest point of the communication tower.
"Community center" means a facility owned and operated by a public agency or nonprofit
corporation, provided the principal use of the facility is for public assistance, community
improvement, or public assembly.
Community Water System. See "water system, public."
"Compatibility" means the characteristics of different uses or developments that permit them
to be located near each other in harmony with or without special mitigation measures.
"Comprehensive plan" means the Yakima urban area comprehensive plan and any
supplemental plans officially adopted under RCW Chapter 36.70, for the Yakima urban area or
any portion thereof.
"Concentrated animal feeding operation" means a structure or pens for the concentrated
feeding or holding of animals or poultry, including, but not limited to, horses, cattle, sheep or
swine. This definition includes dairy confinement areas, slaughterhouses, shipping terminal
holding pens, poultry and /or egg production facilities and fur farms, but does not include animal
husbandry.
"Condition(s) of approval" means restrictions or requirements imposed by an administrative
official pursuant to authority granted by this title.
Consulting Services. See "professional business."
"Convalescent or nursing home" means an establishment providing nursing, dietary and other
personal services to convalescents, invalids, or aged persons, but not mental cases or cases for
contagious or communicable diseases which are customarily treated in sanitariums and
hospitals.
"Converted dwelling" means a structure which, due to interior alterations, has been modified
to increase the number of individual dwelling units. This definition does not apply to multifamily
structures constructed under the provisions of this title.
"Cosmetic services" means tattooing, body piercing, and similar services.
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"County" means Yakima County.
"Dangerous waste" means those solid wastes designated in WAC 173 - 303 -070 through 173-
303 -103 as dangerous or extremely hazardous waste.
"Day" means calendar day. (See YMC 15.20.110.)
"Day care center" means a day care facility that supplies care, attention, supervision and
oversight serving thirteen or more children regardless of whether such services are provided for
compensation, governed by Washington State DSHS licensing provisions for said day care use
and conducted in accordance with State DSHS requirements.
"Day care facility" means a building or structure in which an agency, person or persons
regularly provide care for a group of nonrelated individuals (children or adults) for periods of less
than twenty -four hours a day. This includes family day care homes and day care centers.
"Day care home, family" means a family day care home located in a private home that
supplies care, attention, supervision, and oversight for one to twelve children, governed by
Washington State DSHS licensing provisions for said day care use and conducted in
accordance with said State DSHS requirements.
"Delicatessen and other specialty food stores" means retail food stores selling ready -to -eat
food products such as cooked meats, prepared salads or other specialty food items. This
definition includes seafood, health food and other specialty food stores having seating for no
more than five persons.
"Department" means either the Yakima County planning division or the city of Yakima 1111
department of community and economic development.
"Desktop publishing" means activity related to the use of computers in order to produce
documents for personal use or for other uses.
"Development" means "use" as defined by this title.
"Development permit" means written authorization for development or modification of
development as defined in this title. When a building or other construction permit is required, the
building /construction permit shall serve as the other development permit. If no
building /construction permit is required, the certificate of zoning review shall serve as the
development permit.
"Development, planned residential" means, in the residential districts, the coordinated
development of a single lot with a number of residential structures and /or dwelling types which
are designed to:
1. Maintain the character of the residential neighborhood;
2. Provide compatibility between various types of dwelling units, off - street parking and
other uses within the site; and
3. Share such site amenities as off - street parking, access drives, open space and
recreational facilities.
This definition includes the clustering of residential units on a single lot. In the commercial
districts, "planned residential development" means a mixed -use development combining
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multifamily residential and commercial use(s) into a single coordinated project.
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"Divide" means any transaction or action, not otherwise exempt or provided for under the
provisions of this title, which alters or affects the shape, size or legal description of any part of
an owner's "land" as defined in this chapter. Sale of a condominium apartment and rental or
lease of a building, facility or structure which does not alter or affect the legal description of an
owner's "land" shall not constitute a division of land.
"Domestic farm animal" means animals domesticated by man to live in a tame condition. This
definition includes dairy cows, beef cattle, horses, ponies, mules, llamas, goats, sheep, rabbits,
poultry, and swine.
"Domestic farm animal - Per means four (4) or fewer hen chickens (no roosters) or rabbits
that are kept for pleasure or as a hobby rather then utility. Domestic farm animals that are
considered pets are regulated under the provisions of YMC 15.04.060 Accessory Uses (D) Pets,
and are not subject to the provisions of YMC 15.09.070 Animal Husbandry.
"Driveway" means the private traveled access to a property or through a parking lot for three
or more vehicles.
"Drugstore" means a store where the primary business is the filling of medical prescriptions
and the sale of drugs, medical devices and supplies, and nonprescription medicines, but where
nonmedical products are sold as well.
"Dwelling" means a structure or portion thereof designed exclusively for residential purposes.
. "Dwelling, multiple - family" means a structure or structures, or portion thereof, designed for
occupancy by three or more families living independently of each other and containing three or
more attached dwelling units on a lot.
"Dwelling, single - family" means a structure designed to contain a single dwelling unit. Single-
family dwellings are further classified by their nature of construction as follows:
1. Site - built: Constructed primarily at the occupancy site and permanently affixed to the
ground by a foundation.
2. Modular home: See "modular home."
3. Manufactured home: See "manufactured home" and "mobile home."
"Dwelling, single - family attached" means two single - family dwellings that are attached, but
with each dwelling unit located entirely on its own lot. This definition does not include row
houses or other housing types with more than two attached single - family dwellings.
"Dwelling, single - family detached" means one dwelling unit_ located on one lot and not
attached to any other dwelling unit.
"Dwelling, two- family" means 'a structure designed exclusively for occupancy by two families
living independently of each other and containing two attached dwelling units on the same lot.
This definition includes the term "duplex."
"Dwelling unit" means one or more rooms in a dwelling for the occupancy of one family and
providing complete and independent living facilities, including permanent provisions for living,
sleeping, cooking, eating and sanitation. "Dwelling unit" does not include recreational vehicles or
mobile homes.
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"Earthen material" means sand, gravel, rock, aggregate and /or soil. 1111
"Environmental review" means the procedures and requirements established by the State
Environmental Policy Act, RCW Chapter 43.21C, as it now exists or is hereafter amended.
"Existing uses" means a use or development legally existing or legally established by a
jurisdiction prior to the effective date of this title that has been or would be classified under YMC
Chapter 15.04 as a Class (1), (2), or (3) use in the appropriate zoning district.
"Family" means individuals, consisting of two or more persons related by blood, marriage or
adoption, or a group of not more than five persons, excluding servants, who are not related by
blood, adoption or marriage, living together as a single housekeeping unit in a dwelling unit.
A. The term "family" shall include:
1. State - licensed adult family homes required to be recognized as residential uses pursuant
to RCW 70.128.175;
2. State - licensed foster family homes and group care facilities as defined in RCW
, 74.15.180, subject to the exclusions of subsection B of this definition; and
3. Group homes for the disabled and consensual living arrangements equivalent to a
familial setting required to be accommodated as residential uses pursuant to the Fair Housing
Act and the Washington Housing Policy Act, RCW 35.63.220 and RCW 35A.63.240,
respectively.
B. The term "family" shall exclude individuals residing in halfway houses, crisis residential .
centers as defined in RCW 74.15.020(3) (g), group homes licensed for juvenile offenders, or
other facilities, whether or not licensed by the state, where individuals are incarcerated or
otherwise required to reside pursuant to court order under the supervision of paid staff and •
personnel.
C. Calculation of Residents. When calculating the number of unrelated persons residing in
a single - family dwelling unit, the following rules shall apply:
1. When one or more unrelated persons reside with a family whose members are related by
genetics, adoption or marriage, the total number of residents shall not exceed five persons
except as provided in subsection (C)(2) of this definition.
2. A family unit consisting entirely of persons related by genetics, adoption or marriage may
rent a room to a total of two additional renters, or up to two students as a part of a recognized
foreign exchange program or similar educational, nonprofit program, or a combination of a
renter and such student to a total of two additional persons. The additional renters and /or
foreign exchange students, to a maximum of two, shall not be considered when calculating the
number of unrelated persons residing in a dwelling unit under subsection (C) (1) of this section.
Three or more renters and /or students shall be considered as unrelated individuals and all
persons residing in a dwelling unit, regardless of whether a portion of them are related by
genetics, adoption or marriage, shall be considered when determining the total unrelated
persons residing at a site.
3. Nothing herein shall be interpreted to limit normal hosting activities associated with
residential use.
"Fence" means a structure built to prevent escape or intrusion, or to provide privacy or
sitescreening.
"Finding" is a conclusion of fact reached by the administrative official in a review process and
based on the evidence available therein. •
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• "Floodplain (one- hundred - year)" means the relatively flat area or lowlands adjoining the
channel of a river or stream subject to a one percent or greater chance of flooding in any given
year.
"Floodway" means the channel or waterway or those portions of the floodplain adjoining the
channel which are reasonably required to carry and discharge the floodwaters of the
watercourse without causing more than a one -foot rise in the water surface elevation of a one -
hundred -year flood.
"Food preparation" means a business, service or facility dealing with the preparation of food
items for off -site consumption. This definition includes confectioneries, catering services, and
preparation of food items for wholesale.
"Game room" means a commercial facility, or a portion thereof, open to the general public, in
which card games, pool, electronic games, bingo, etc., are played; provided, however, that this
definition shall exclude "social card room" as defined herein. (Also see "meeting hall. ")
"Garage, private" means a building or portion of a building designed to store motor vehicles
that are used by the occupants of the site's primary use.
"Garage, public" means a building or portion of a building used for equipping, repairing,
servicing, hiring, selling or storing motor - driven vehicles; but excluding private garages.
"General Retail Sales
1. 12,000 sq. ft. or less (not otherwise regulated) means the retail sales of merchandise in a
store type setting where the building /structures gross size is 12,000 square feet or less.
2. Greater than 12,000 sq. ft. (not otherwise regulated) means the retail sales of
merchandise in a store type setting where the building /structures gross size is greater
than 12,000 square feet."
Land uses permitted under the above two categories include, but are not limited to:
Addressing, mailing, and stenographic services Toy and hobby stores
Antique stores Jewelry, watches, silverware sales and repair
Artist's supplies Music stores /instrument sales and repair
Bakeries Second hand stores
Book Stores Paint, glass and wallpaper stores
Stationary and office supplies Pet stores and supplies /grooming
Camera and photographic supplies Printing, photo copy service
Clothing, shoes, and accessories Sporting goods and bicycle shops
Computer and electronic stores Video sales /rental
Collectables (cards, coins, comics, stamps, Gift shops
ect.)
Department stores Discount store
Drug stores and pharmacies Variety store
Fabric and sewing supplies Specialty shops
Florist (indoor sales only) Small appliances
Specialty food stores TVs, business machines, etc sales
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Land uses not meeting the intent of the General Retail Sales and Retail Trade definitions, as
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determined by the Administrative Official, may be either referred to the Hearing Examiner for a
use interpretation under Chapter 15.22 or use classification under Chapter 15.04.040.
"Gift shop" means a business primarily engaged in the retail sale of combined lines of gifts
and novelty merchandise, souvenirs, greeting cards, balloons, holiday decorations, curios,
crafts, and miscellaneous small art goods.
"Glare" is the reflection of harsh, bright light.
"Grade" is the lowest point of elevation of the finished surface of the ground, paving, or
sidewalk within the area between the building and the property line or, when the property line is
more than five feet from the building, between the building and a line five feet from the building.
Gross Floor Area. See YMC 15.06.040.
"Group home" means a place for handicapped, physically or developmentally disabled adults,
or dependent or predelinquent children, providing special care in a homelike environment. This
definition includes homes of this nature for six or fewer persons, excluding house parents, which
are protected by state or federal law as residential uses.
Halfway House. A "halfway house" shall include residentially oriented facilities that provide:
1. State - licensed group care homes for juvenile delinquents;
2. Houses providing residence in lieu of instructional sentencing;
3. Houses providing residence to individuals needing correctional institutionalization; or
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4. Detoxification centers licensed by the state where alcohol and drug abusers can be
placed in lieu of incarceration for detoxification and treatment from effects of alcohol and drugs.
(See "clean and sober facility. ")
"Hazardous materials" means any item listed as hazardous by a federal agency or State
Department of Ecology or the Yakima regional clean air authority. (See YMC 15.13.020(D).)
"Hazardous waste" means and includes all dangerous and extremely hazardous wastes as
defined in RCW 70.105.010.
"Hazardous waste facility, off - site" means hazardous waste treatment and storage facilities
that treat and store waste from generators on proper other than those on which the off -site
facilities are located.
"Hazardous waste facility, on- site" means hazardous waste treatment and storage facilities
which treat and store wastes generated on the same lot.
"Hazardous waste generator" means any person or site whose act or process produces
dangerous waste or whose act first causes dangerous waste to become subject to regulations
under the Dangerous Waste Regulations, WAC Chapter 173 -303.
"Hazardous waste storage" means the holding of dangerous waste for a temporary period.
Accumulation of dangerous waste by the generator at the generation site is not storage as long
as the generator complies with the applicable requirements of WAC 173 - 303 -200 and 173 -303-
201.
12 •
"Hazardous waste treatment" means the physical, chemical, or biological processing of
dangerous waste to make such waste nondangerous or Tess dangerous, safer for transport,
amenable for energy or material resource recovery, amenable for storage, or reduced in value.
"Hearing examiner" means that person appointed by the Yakima city council and board of
county commissioners.
"Home instruction" means the teaching of an art, hobby, skill, trade, profession or sport as a
home occupation, except when otherwise prohibited. (See YMC Chapter 15.04, Table 4 -2.)
"Home occupation" means the accessory use of a dwelling unit for gainful employment
involving the manufacture, provision or sale of goods and /or services in the home.
"Home occupation, business administration" means the accessory use of a dwelling as an
administrative office for an occupation conducted away from the home. The home is used for
phone calls, mail, and completing paperwork associated with a business. This definition does
not include manufacturing, sales, repair or other services.
"Homeowners' association" means a community association, other than a condominium
association, in which individual owners share ownership or maintenance responsibilities for
open space or facilities.
"Hospital" means an institution providing clinical, temporary, and emergency services of a
medical or surgical nature to human patients which is licensed by state law to provide facilities
and services for surgery, obstetrics, and general medical practice as distinguished from clinical
treatment of mental and nervous disorders.
"Hulk Hauler" means any person who deals in vehicles for the sole purpose of transporting
and /or selling them to a licensed motor vehicle wrecker or scrap processor in substantially the
same form in which they are obtained. A hulk hauler may not sell secondhand motor vehicle
parts to anyone other than a licensed vehicle wrecker or scrap processor, except for those parts
specifically enumerated in RCW 46.79.020(2), as now or hereafter amended, which may be sold
to a licensed vehicle wrecker or disposed of at a public facility for waste disposal. (RCW
46.79.010)
"Impervious surface" means any material reducing or preventing absorption of stormwater
into previously undeveloped land.
"Intensity" is the combination of factors (such as visual appearance and building size, traffic
generation, noise, dust and light and economic value) associated with a particular use that
determines the potential impact of that use on neighboring land uses. The higher the intensity,
the greater the possible impact on neighboring land uses. Generally, the intensity of a land use
will determine its compatibility with other types of land uses.
"Irrigation and /or drainage facilities" means all irrigation and /or drainage structures, including,
but not limited to: standpipes, weir boxes, pipelines, ditches, pump houses, culverts, etc.
"Kennel" means a building, enclosure or portion of any premises in or at which dogs, cats or
other domesticated animals are boarded or kept for hire; or in or at which dogs, cats or other
domesticated animals are kept or maintained by any person other than the owner; or in or at
13
•
which six or more cats or four or more dogs over the age of four months are kept or maintained.
This definition shall include boarding kennels, but not pet shops, animal hospitals or zoos. III
"Landscaping" means the arrangement and planting of trees, grass, shrubs and flowers, and
the placement of fountains, patios, street furniture and ornamental concrete or stonework and
artificial turf.
"Land" means a lot or parcel.
"Land use" means the manner in which land and structures are used.
"Legislative body" means the board of Yakima County commissioners or the Yakima city
council, whichever is appropriate.
"Loading space" means an off - street space on the same lot with a structure or use, or
contiguous to a group of structures or uses, for the temporary parking of a vehicle while loading
or unloading persons, merchandise, or materials, and which abuts a street, alley or other
appropriate means of access and egress.
"Lot" means a division of land:
1. Defined by boundaries and shown on a final plat or short plat officially recorded in the
Yakima County auditor's office; or,
2. A legally recognized prior division or parcel under the provisions of Yakima County's
subdivision ordinance (YCC Title 14) or the city of Yakima's subdivision ordinance (YMC
Title 14).
•
"Lot area" means the total horizontal area within the boundary lines of the gross lot.
"Lot, corner" means a lot abutting two or more streets at their intersection, or upon two parts
of the same street forming an interior angle of less than one hundred thirty -five degrees. (See
Figure 2 -2.)
"Lot coverage" means that portion of the lot that is covered by structures and other
impervious surfaces.
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"Lot depth" means the horizontal length of a straight line drawn from the midpoint of the front
lot line to the midpoint of the rear lot line. (See Figure 2 -3.)
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"Lot, inside or interior" means aIot other than a corner lot. (See Figure 2 -2.)
"Lot, flag" means a lot only a narrow portion of which fronts on a public /private road and
where access to the public /private road is across that narrow portion. (See Figure 2 -2.)
"Lot line, front" means, in the case of an interior lot, the property line separating the lot from
the road or street, other than an alley. For the purpose of establishing the front lot line for a
corner or flag lot, the following shall apply:
1. In the case of a corner lot, the front lot line shall be the property line with the narrowest
street frontage, except that the building official, or his designee, shall designate the front
lot line for corner Tots in residential districts.
2. For a flag lot, when the access easement or right -of -way extends across the lot, the front
lot line shall be the line separating the lot from the right -of -way or access easement.
When the right -of -way or access easement does not extend across the property, the
front lot line shall be determined by the building official.
"Lot line, interior" means, in the case of zero lot line development, the property line separating
• a zero lot line from: (a) another zero lot line or (b) adjoining common open space. (See Figure 2-
4.)
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"Lot line, rear" means the property line which is opposite and most distant from the front lot
line. For the purpose of establishing the rear lot line of a triangular or trapezoidal lot, or of a lot
the rear line of which is formed by two or more lines, the following shall apply:
1. For a triangular or gore- shaped lot, a line ten feet in length within the lot and farthest
removed from the front lot line, and at . right angles to the line comprising the depth of
such lot, shall be used as the rear lot line.
2. In the case of a trapezoidal lot, the rear line of which is not parallel to the front lot line,
the rear lot line shall be deemed to be a line at right angles to the line comprising the
depth of such lot and drawn through a point bisecting the required rear lot line.
3. In the case of a pentagonal lot, the rear boundary of which includes an angle formed by
two lines, such angle shall be employed for determining the rear lot line in the same
manner as prescribed for a triangular lot.
15
"Lot line, side" means any lot boundary line not a front lot line or rear lot line.
"Lot, through" means an interior lot having frontage on two streets. (See Figure 2 -2.)
"Lot width" means the horizontal distance between the side lot lines, measured at right angles
to the line comprising the depth of the lot at a point midway between the front and rear lot lines.
(See Figure 2 -3.)
"Low impact development" means stormwater management and land development strategies
that emphasize conservation and use of existing natural site features integrated with disturbed,
small -scale stormwater controls to more closely mimic natural hydrologic patterns in residential,
commercial, and industrial settings. Low impact development addresses stormwater
management and land development that is applied at the parcel and subdivisions scale that
emphasize conservation and use of on -site natural features.
"Manufactured home" means a dwelling on one or more chassis for towing to the point of use
which bears an insignia issued by a state or federal regulatory agency indicating that the
_ structure complies with all applicable construction standards of the U.S. Department of Housing
and Urban Development definition of a manufactured home and was built after June 15, 1976.
Manufactured homes are further classified as follows:
1. "Multi- wide ": Have a minimum width of not less than seventeen feet as measured at all
points perpendicular to the length of the manufactured home;
2. "Single- wide ": Have a minimum width less than seventeen feet as measured at any point
perpendicular to the length of the manufactured home.
• "Manufactured structure" means a building manufactured with the intent of being transported
to a fixed site and constructed in accordance with the building codes as adopted by the
city /county.
"Massage therapy /spa" means a scientific or skillful manipulation of soft tissue for therapeutic
or remedial purposes, specifically for improving muscle tone and circulation and promoting
health and physical well- being. The term includes, but is not limited to, manual and mechanical
procedures for the purpose of treating soft tissue only, the use of supplementary aids such as
rubbing alcohol, liniments, oils, antiseptics, powders, herbal preparations, creams or lotions,
procedures such as oil rubs, salt glows and hot or cold packs or other similar procedures or
preparations commonly used in this practice. This term specifically excludes manipulation of the
spine or articulations and excludes sexual contact.
"Master planned development" means any development within the Yakima urban growth area
approved under YMC Chapter 15.28 (i.e., planned residential development, planned commercial
development, planned industrial development, and planned mixed -use development):
"Meeting hall" means a private or quasi - private facility in which defined groups or
organizations come together for meetings and social events. Includes private bridge club -type
card rooms, grange halls, etc.
"Mining" means all or any part of, the process involved in quarrying, mineral extraction,
crushing, asphalt mixing plants, concrete batch plants, or other uses of a similar nature, but
does not include petroleum or natural gas exploration or production.
•
16
"Mixed Use Building" means a building in a commercial district or planned development used
partly for residential use and partly for a community facility or commercial use.
"Mixed -use development" means use of the land or structure for two or more different uses.
"Mobile home" means a dwelling on one or more chassis for towing to the point of use which
does not meet applicable HUD manufactured housing standards of June 15, 1976. This
definition does not include modular homes, manufactured homes, commercial coaches,
recreational vehicles or motor homes.
"Mobile home park" means a parcel of land under single ownership used for the placement of
two or more mobile or manufactured homes used as dwellings. This definition shall not apply to
the placement of a temporary hardship unit (see YMC 15.04.140) on the same parcel with
another home.
"Mobile home park expansion" means the preparation of additional sites for mobile or
manufactured homes (including the installation of utilities, final site grading, the pouring of
concrete pads, and the construction of streets).
"Modification (of use or development)" means any change or alteration in the occupancy,
arrangement, placement or construction of any existing use, structure, or associated site
improvement, and any change or alteration of land.
"Modular home" means a residential structure which meets the requirements of the
International Building Code and is constructed in a factory and transported to the building site.
Modular homes are not subject to special review; they are subject to the same review standards
as a site -built home.
"Multiple- building complex" means a group of structures housing separate businesses sharing
the same lot, access and /or parking facilities.
"Multiple- occupancy building" means a single structure housing more than one retail
business, office, or commercial venture.
"Net residential acre" means forty -three thousand five hundred sixty square feet minus the
area in private and public streets, rights -of -way, and access easements. (See YMC
15.05.030(B) to calculate the maximum number of dwelling units permitted on a site.)
"Nonconforming lot" means a lot, the area or dimension of which was lawful prior to adoption
or amendment of this title, but which fails to conform to the present requirements of the zoning
district in which it is located.
"Nonconforming structure" means a structure that was lawful prior to the adoption or
amendment of this title that fails, by reason of such adoption or amendment, to conform to the
present requirements of the zoning district where it is located.
"Nonconforming use" means a use of land or structure lawfully established and maintained,
but which does not conform to this title for the district where it is located.
"Nuisance" means any use, activity or structure that interferes with the enjoyment and use of
one's property by endangering personal health or safety, offending the human senses, and /or
17
failing to conform with the provisions, intent, or standards of the district where the use, activity or
•
structure occurs.
"Nursery" means facilities used for the propagation and sale of agricultural or ornamental
plants and related products. Nurseries are further classified as follows:
1. "Retail nursery": A nursery which offers products to the general public including plant
materials, planter boxes, fertilizer, sprays, garden tools, and related items.
2. "Wholesale nursery": A nursery that raises nursery stock for sale to a retail nursery or
other business; and
3. "Greenhouse ": A nursery facility constructed with transparent or translucent materials for
indoor propagation of plants. This definition does not include private greenhouses with
no commercial sales.
"Occupancy" means the purpose for which a structure, portion of a structure, or lot is used or
intended to be used. For purposes of this title, a change of occupancy is not intended to include
a change of tenants or proprietors, but is intended to indicate a change in the type of use.
"Off- street parking" means a parking space(s) and associated driveway(s) located beyond the
right -of -way of a highway, street or alley.
"Open space" means an area of land or water that is substantially free of structures,
impervious surfaces, and other land- altering activities.
"Open space, common" means open space within or related to a development that is not
dedicated for public use, but is designed, intended and legally committed for the common use or
enjoyment of the residents of the development.
•
"Park" means a public or privately owned area with facilities for active or passive recreation
by the public.
"Parking angle" means the angle formed by a parking stall and the edge of a parking bay, wall
or driveway of the parking facility, ranging from zero to ninety degrees.
"Parking bay" means the section of a parking facility containing a driveway and containing
one or two rows of parking stalls.
"Parking lot" means.a facility designed to serve parking for five or more motor vehicles.
"Parking space" means an off - street area that is paved, drained, maintained and used for the
temporary storage of one motor vehicle.
"Parking stall" means a clearly marked area in which one vehicle is to be .parked; a parking.
space. .
"Party of record" means the applicant and any other person who has submitted written
comment on any action or proposed action, or who has appeared at a public hearing or public
meeting and signed an official register requesting notice of further action.
"Permit" means written governmental approval issued by an authorized official, empowering
the holder thereof to take some action permitted only upon issuance of written approval.
•
18
"Personal services" means a business providing specialized services such as interior home or
• business design and shopping services, except as otherwise regulated.
"Pet" means a domesticated animal kept for pleasure or as a hobby rather than utility
including but not limited to: fish, dogs fewer than four (4), cats fewer than six (6), hen chickens
(no roosters) fewer than five (5), and rabbits fewer than five (5).
"Pet day care" means a building or structure in which an agency, person or persons regularly
provide care for pets, but not including overnight stays. Uses not meeting this definition shall be
considered kennels.
"Planning commission" means the duly constituted planning commission for the City of
Yakima.
"Planning division" means the Yakima County planning division or the department of
community and economic development of the city of Yakima, whichever is appropriate.
"Preliminary approval" means the contingent approval by the administrative official using an
appropriate Type (2) or (3) review process prior to final approval.
Preschool. See "day care center."
"Private access easement" means any private easement for the purpose of ingress and
egress that is not dedicated to the public and that is owned by the underlying owners of land
over which it crosses.
"Product assemblage" means a business or service involved in assembling products for off -
site sales.
"Professional business" means a business primarily engaged in administrative or service -
related functions and dependent upon professional staff such as lawyers, doctors, realtors,
travel agents, bankers, accountants, engineers and consultants; or providing administrative
governmental services.
"Property owner(s)" means the legal owner or owners of the property.
"Public facility" means a facility owned and operated by a governmental agency or owned and
operated by a private entity for the purpose of providing essential public services to the public
including, but not limited to: water, irrigation, wastewater, garbage, sanitary, transit, police, fire,
ambulance, parks & recreation facilities, and street maintenance. The facility should be located
to efficiently serve the people benefiting from the service."
"Public hearing" means a meeting open to the public that is announced and advertised in
advance at which the public is given an opportunity to participate.
Public Water System. See "water system, public."
"Recreational screen" means a protective device for recreational purposes designed to keep
recreational equipment within or outside of a designated area. Such uses are typically
associated with schools, parks, golf courses, swimming pools, ball fields, and playgrounds.
19
"Recreational vehicle" means a motorized or nonmotorized vehicle designed and
manufactured for recreational use, including, but not limited to: boats, travel trailers, II)
snowmobiles, go- carts, motorcycles and dune buggies.
"Recycling Drop Off Center" means a commercial facility where products such as aluminum,
tin cans, glass, plastic, paper, and other similar products are deposited, sorted and transferred
to a Recycling Processing Center for reprocessing.
"Recycling Processing Center" means a facility where products such as aluminum and tin
cans, glass, plastic, paper and other similar products are deposited, sorted, stored, and
reprocessed.
"Residential density" means the number of dwelling units per net acre of land. This term
includes dwelling unit density.
"Restaurant" means establishments serving prepared food or beverages for consumption on or
off premises. This land use includes but is not limited to: Restaurants, sandwich shops, coffee
shops with or without drive -thru facilities (see YMC 15.040.080 for establishments with drive -
thru facilities), and fast food restaurants, but does not include bars, cocktail lounges, taverns,
brewpubs as licensed by the Washington State Liquor Control Board, catering services, or
industrial scale food production facilities.
"Retail services" means uses providing services, as opposed to products, to the general
public. Examples are eating and drinking establishments, motels, real estate and financial
offices, and uses providing health education and social services.
410
"Retail trade" means those uses primarily engaged in the sale of goods or merchandise to the
general public for personal or household consumption and rendering services incidental to the
sale of such goods. Lumber yards, office supply stores, nurseries, butcher shops, paint stores
and similar uses shall be considered as retail trade establishments even though a portion of
their business may be to contractors or other business establishments.
"Retirement home" means an establishment providing domestic care for elderly persons who
are not in need of medical or nursing treatment except in the case of temporary illness. This
definition does not include nursing, convalescent or rest homes, hospitals or sanitariums.
"Reviewing official" means the building official, administrative official, hearing examiner, City
of Yakima Planning Commission, or legislative body when engaged in any review or approval
procedure under the provisions of this title.
"Rezone" means to change the zoning district classification of particular lot(s) or parcel(s) of
land.
"Right -of -way, public" means land deeded or dedicated to or purchased by the city of Yakima
or Yakima County for existing or future public pedestrian or vehicular access.
"Road, local access" means a public road not designed as a principal arterial, minor arterial,
collector arterial or neighborhood collector by Yakima County or the city of Yakima. The primary
purpose of a local access road is to connect property along the local access road with the
arterial street system.
20
"Road, private" means a road not designed, built, or maintained by the city, the Washington
State Department of Transportation, or any political subdivision of the state.
"Road, public" means the physical improvement of the public right -of -way, including, but not
limited to, surfacing, curbs, gutters and drainage facilities, which is maintained and kept open by
the city of Yakima or Yakima County for public vehicular and pedestrian use.
"School" means a structure and accessory facilities in which prescribed courses are taught.
This definition includes elementary, junior high or high schools and institutions of higher
learning, but does not include commercial schools, nursery schools, kindergartens, or day
nurseries, except when operated in conjunction with a public, private, or parochial school.
"School, vocational" means the commercial use of a structure or and for teaching arts, crafts,
or trades.
"Service station" means a retail facility to supply motor fuel and other petroleum products to
motor vehicles, and may include lubrication and minor repair service and incidental sale of
motor vehicle accessories.
"Setback, front" is the minimum horizontal distance measured perpendicularly from the
centerline of the adjacent right -of -way to the nearest wall of the structure. Where there is a
partial right -of -way, the setback shall be measured perpendicularly from the design centerline.
When there is no right -of -way, the front setback shall be twenty feet from the front property line.
"Setback, side and rear" is the minimum horizontal distance measured perpendicularly from
the nearest property line to the nearest wall of the structure, except that a side setback on a
corner lot, along the adjacent right -of -way, shall be measured perpendicularly from the
centerline of the right -of -way. When there is a partial right -of -way, the setback shall be
measured perpendicularly from the design centerline.
"Sewer system, community" means small, self- contained sewage treatment facilities built to
serve developed areas generally found outside public sewer service areas.
"Sewer system, individual" means a system designed and constructed on site to dispose of
sewage from one or two structures. Septic tank systems are the most common form of
individual sewer system.
"Sewer system, regional" means sewer service provided by a municipality or special purpose
district.
Sign. See YMC Chapter 15.08 for a complete listing of sign definitions.
"Sign manufacturing and assembly" means the design, manufacturing, and assembly of
metal- cased, thermo- formed, wooden, stone, neon, internally lit, or electronic signs.
"Site improvement" means any structure or other addition to land.
"Site improvement, required" means any specific design, construction requirement or site
improvement that is a condition of approval for any permit issued under the provisions of this
title or which is a part of any site plan approved under the provisions of this title.
•
21
"Site plan, detailed" means a general site plan incorporating such additional factors as
• landscaping, drainage, and others as may be specified.
"Site plan, general" means a sketch drawn to scale showing the actual dimensions and shape
of the lot to be built upon, the sizes and location of existing buildings on the lot to the nearest
foot, and the location and dimensions of the proposed building(s), structure(s), or alteration(s).
"Social card room" means a commercial facility, or a portion thereof, open to the general
public, in which house - banked social card games are played, as that term is defined by RCW
9.46.0282 (or as the same may be subsequently amended hereafter), or in which other activities
occur that constitute gambling and are authorized by the Washington State Gambling
Commission under RCW 9.46.070 (or as the same may be subsequently amended hereafter),
to the extent that said activities include any gambling activity engaging in the use of, or
associated with, slot machines (whether mechanical or electronic) or any gambling activity
engaging in the use of, or associated with, any other electronic mechanism including video
terminals.
Specialty Food Store /Food Store, Specialty. See "delicatessen and other specialty food
stores."
"Standard, administrative adjustment of" means a change, either an increase or decrease, in
one or more of the development standards in YMC Chapters 15.05 through 15.08, in
accordance with the provisions of YMC Chapter 15.10.
"Standard, general" means any standard not capable of precise numerical definition, but
which expresses the policies of the community in this title and which may be applied by the
reviewing official during a Type (1), Type (2) or Type (3) review.
"Standard, specific" means those numerical standards established in YMC Chapters 15.04,
15.05, 15.06, 15.07, 15.08 and 15.09.
"State siting criteria" means criteria for the siting of hazardous waste treatment and storage
facilities adopted pursuant to the requirements of RCW Chapter 70.105.
"Stockpiling of earthen materials" means permanent and /or continuous use for storage of
rock, gravel, rubble, sand, or soil.
"Storage facilities, bulk" means either enclosed (see "warehouse ") or outdoor areas designed
for the storage of either large quantities of materials or materials of large size. Includes the
storage of vehicles when such storage is not incidental and subordinate to another land use and
is not vehicle parking, automotive wrecking /dismantling yards or vehicle sales Tots.
"Storage facilities, commercial" means enclosed storage areas designated as support
facilities for commercial activities and used for the storage of retail materials.
"Storage facilities, residential mini - storage" means enclosed areas providing storage for
residential goods and /or recreational vehicles within the structure.
"Storage, vehicle" means keeping vehicles on a given site that are not actively used by the
principal occupants of the site. This definition does not include automotive wrecking /dismantling
yards or vehicle sales lots.
22
• "Street" means a public or private road.
"Structural alteration" means:
1. Any change in a major component or other supporting members of the structure,
including foundations, bearing walls, beams, columns, floor or roof joists, girders, or
rafters; or
2. Any change in the exterior lines or configuration of a structure if such changes result in
the enlargement of the structure.
"Structure" means anything constructed or erected which requires location on the ground or
attached to something having a location on the ground.
"Structure, temporary" means a structure without any foundation or footings and which is
removed when the designated time period, activity, or use for which the temporary structure was
erected has ceased.
"Swimming pool" means a contained body of water, used for swimming or bathing purposes,
either above ground level or below ground level, with the depth of the container being more than
eighteen inches or the area being more than thirty -eight square feet.
"Transportation brokerage offices" means establishments primarily engaged in furnishing
shipping information and acting as agents in arranging transportation for freight and cargo.
"Tavern" means an establishment operated primarily for the sale of wine, beer, or other
beverages with any service of food incidental thereto.
"Technical equipment" means medical, dental, fire suppression, restaurant, etc., equipment.
"Towing services" means a service to haul or tow vehicles for service, repair or temporary
storage. Any facility, except for wrecking yards, storing a vehicle for five or more days shall be
considered a vehicle storage facility. Hulk haulers are not included under this definition.
Travel Agency. See "professional business."
"Urban growth area" means the area within the city limits of Yakima and Union Gap, and the
unincorporated portion of Yakima County within the Yakima urban growth area boundary
established by the board of Yakima County commissioners pursuant to RCW 36.70A and
adopted in the Yakima urban area comprehensive plan (YUACP) as amended. The boundary
and legal description of the Yakima urban growth area is set forth in YMC 15.01.020. The
Yakima urban growth area is that area where growth is expected to occur over the next 20
years from the adoption of the YUACP and is the area in which urban level public services are
or will be provided.
"Urban services" include, but are not limited to, public water and sewer lines, neighborhood
parks, streetlights, police and fire protection.
"Use" means the activity or purpose for which land or structures or a combination of land and
structures is designed, arranged, occupied, or maintained together with any associated site
• improvements. This definition includes the construction, erection, placement, movement or
demolition of any structure or site improvement and any physical alteration to land itself,
23
including any grading, leveling, . paving or excavation. "Use" also means any existing or
proposed configuration of land, structures, and site improvements, and the use thereof. •
Use, Class (1), (2), (3). See "Class (1), (2), (3) uses."
Use, Modification of. See "modification (of use or development)."
"Use, principal" means the primary or predominant use to which a structure, part of a
structure, or lot is or may be devoted.
"Use, temporary" means a use established under YMC 15.04.130, for a fixed period of time,
with the intent to discontinue such use upon the expiration of the time period.
"Utilities" are those businesses, institutions, or organizations using pipes or conductors in,
under, above, or along streets, alleys or easements to provide a product or service to the public.
"Utility services" means facilities operated by utilities, but not including local transmission and
collection lines, pipes, and conductors. Such facilities include, but are not limited to, electrical
power substations, water reservoirs, and sewage treatment plants.
"Variance" means a modification of the specific regulations of this title in accordance with the
terms of this title for the purpose of assuring that no property, because of special circumstances
applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the
same vicinity and zoning district.
Veterinary Clinic. See "animal clinic /hospital."
•
"Vision triangle" means a triangular- shaped portion of land established at street intersections
in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or
obstruct the sight distance of motorists entering or leaving the intersection. (See YMC
15.05.040.)
"Warehouse" means a structure used for the storage of goods and materials. See
"agricultural building."
"Waste material processing and junk handling" means a place where waste, discarded or
salvaged metal, used plumbing fixtures, discarded furniture and household equipment, and
other materials are bought, sold, exchanged, stored or baled; and places or yards for the
storage of salvaged materials and equipment from building demolition and salvaged structural
steel materials and equipment, but excluding establishments for the processing and sorting of
garbage, or for the sale, purchase, storage or dismantling of automotive vehicles and
machinery. This definition does not include the processing, storage or disposal of hazardous
materials.
"Wastewater spray field" means an agricultural or otherwise vegetated field which is irrigated
with wastewater or treated sewage. May include storage lagoons utilized solely for storing
wastewater before spraying, but not other wastewater treatment facilities. Excludes sprayfields
for wastewater defined as hazardous pursuant to RCW Chapter 70.105.
24
"Water system, public" means any system, excluding a system serving only one single - family
residence, providing piped water for human consumption, as defined and /or regulated under
WAC 248 -54.
"Wholesale trade" means those uses primarily engaged in the sale of merchandise to retailers
and to industrial, commercial, institutional or professional business users or to other
wholesalers.
"Wineries or Breweries" means a winery or brewery for processing and manufacturing
purposes only, with limited wholesale trade incidental to the primary use. Wineries and
breweries are categorized as follows:
A. Basic does not have a commercial tasting room or restaurant;
B. Resort/Destination has either a commercial tasting room or restaurant. This type of
winery or brewery is located on a site larger than five acres in size. It could typically be
associated, or compatible with: high density residential, resort lodging, or a bed &
breakfast.
C. Retail has either a commercial tasting room or restaurant.
"Wrecking yard" means the place of business where motor vehicles or parts thereof are kept
by a motor vehicle wrecker subject to state regulation (RCW Chapter 46.80).
"Yard" means an open space, other than a court, on the same lot with a structure.
"Yard, front" means the open area extending along and parallel to the entire length of the
front lot line and measured from the property line to the structure.
• "Yard, rear" means the open area at the rear of the structure extending the entire width of the
lot and measured from the structure to the rear property line.
"Yard, side" means an open area between the side wall line of the structure and the side line
of the lot.
"Zero lot line" means the location of a dwelling on a lot in such a manner that one of the sides
of the dwelling rests directly on a side lot line.
"Zoning district" means a portion of the Yakima urban growth area within which certain uses
of land and structures are permitted and certain other uses of land and structures are prohibited,
certain yards and other open spaces are required and specific lot areas are established, all as
set forth and specified in this title. This definition also includes the terms "zone" and "use
district."
"Zoo" means a park or facility where animals are kept and raised for visitors to see and
observe; zoological park.
•
25
Section 2. Section 15.03.020 of the City of Yakima Municipal Code is hereby amended
to read as follows:
15.03.020 — District And Map Overlay Intent Statements
The district intent statements define the specific purpose of each district and /or zoning map
overlay. They shall reflect the policies of the Yakima Urban Area Comprehensive Plan; serve as
a guide for determining the appropriate location of uses; help determine appropriate conditions
for development; and help the Administrative Official interpret the standards and provisions.
A. Suburban Residential District (SR). The intent of the Suburban Residential District is to
provide a variety of residential lifestyles with densities generally ranging from one unit per
five net residential acre to seven units per net residential acre. The higher density is
reviewed and considered to be permitted when a public water system and the regional
sewer system are available, or if these utilities are not available, a community water and
sewer systems may be allowed after review by Yakima County Health District and the City of
Yakima. (See YMC Ch. 15.05, Table 5.1) This district is further intended to:
1. Limit residential density to one unit per five net residential acres in areas where flooding,
airport noise, or other environmental constraints make the land unsuitable for residential
use at higher densities. Development at a lower density will be reviewed to allow
conversion to higher densities once utilities are available or other limiting issues are
mitigated;
2. Maintain surface and groundwater quality along with the avoidance of potential health
hazards, by limiting residential density to one unit per five net residential acres, in areas
where public services will not be provided, and the dwelling units- have individual wells
and septic tanks. Development at a lower density will be reviewed to allow conversion to
higher densities once utilities are available or other limiting issues are mitigated;
3. Provide the opportunity for suburban residential development, .up to three dwelling units •
per net residential acre, in areas with either public water service or a community sewer
system; and,
4. Allow residential development to seven dwelling units per net residential acre in areas
with both public water service and sewer system.
This district is characterized by a mixture of and uses and residential densities including
small farms, scattered low- density residential development, and clusters of higher- density
residential development. The minimum lot size in the district varies according to the
suitability of the land for development and the provision of urban level services. See YMC
15.05.030(E).
B. Single - Family Residential District (R -1). The single - family residential district is intended
to:
1. Establish new residential neighborhoods for detached single - family dwellings free from
other uses except those which are compatible with, and serve the residents of this
district, which may include duplexes and zero lot lines if established during the
subdivision process;
2. Preserve existing residential neighborhoods for detached single - family dwellings free
from other uses to ensure the preservation of the existing residential character, and
serve the residents of, this district; and,
3. Locate moderate - density residential development, up to seven dwelling units per net
residential acre, in areas served by public water and sewer system.
Detached single - family dwellings are the primary use in this district. The district is
characterized by up to sixty percent lot coverage; access to individual lots by local access
streets; required front, rear and side yard setbacks; and one and two story structures. The
density in the district is generally seven dwelling units per net residential acre or Tess. •
26
This zone is intended to afford single - family neighborhoods the highest level of protection
from encroachment by potentially incompatible non - residential land uses or impacts. Non-
residential uses within these zones are not allowed; except for public or quasi - public uses,
which will be required to undergo extensive public review and will have all necessary
performance or design standards assigned to them as necessary to mitigate potential
impacts to adjacent residences.
Development exceeding seven dwelling units per net residential acre, may be allowed in
accordance with Table 4 -1.
C. Two - Family Residential District (R -2). The purpose of the two - family residential district is
to:
1. Establish and preserve residential neighborhoods for detached single - family dwellings,
duplexes and other uses compatible with the intent of this district; and,
2. Locate residential development with densities up to twelve dwelling units per net
residential acre in areas receiving a full range of public services including public water
and sewer service, and police and fire protection.
The district is characterized by up to sixty percent lot coverage, access via local access
streets and collectors, one and two story buildings, some clustering of units, and required
front, rear and side yard setbacks. Typical uses in this district are single - family dwellings
and duplexes. The density in this district generally ranges from seven to twelve dwelling
units per net residential acre. However, development up to eighteen dwelling units per net
residential acre may be allowed in accordance with YMC Ch. 15.04, Table 4 -1.
D. Multi - Family Residential District (R -3). The Multi - Family Residential district is intended to:
1. Establish and preserve high- density residential districts by excluding activities not
compatible with residential uses;
2. Locate high- density residential development more than twelve dwelling units per net
residential acre in areas receiving the full range of urban services;
3. Locate high- density residential development near neighborhood shopping facilities; and,
4. Locate high- density residential development so that traffic generated by the
development does not pass through lower- density residential areas.
The district contains a variety of attached or clustered multi - family dwellings.
E. Professional Business District (B -1). The Professional Business district is intended to:
1. Establish and preserve areas for professional offices;
2. Provide a buffer between commercial clusters and residential neighborhoods; and,
3. Locate professional offices in areas presently receiving a full range of urban services.
Professional offices and, in some areas, a mix of professional offices and multi- family
dwellings are the primary uses in the district.
Generally, the Professional Business District contains smaller lot or parcel sizes. Residential
densities are generally greater than twelve dwelling units-per net residential acre. Building
coverage may be as high as eighty percent of the site. Sitescreening requirements have
been established to soften the visual impact of large buildings and parking lots and to
minimize potential nuisances from light, noise and glare. Development standards are
intended to accommodate a mixture of high- density residential development and office uses.
F. Local Business District (B -2). The purpose of the Local Business District is to:
1. Provide areas for commercial activities that meet the small retail shopping and service
needs of the community; and,
2. Accommodate small -scale commercial uses that need a higher level of visibility and
easy access to major arterials.
Uses characteristic of this district include small retail sales and service establishments.
G. Historical Business District (HB). The purpose of the Historical Business District is to
® recognize existing isolated commercial structures in otherwise residential areas, to allow
those structures to be occupied by traditional neighborhood business uses, and to allow
27
these structures to be replaced if destroyed. This district is not intended to allow structural
expansion, or expansion of the use onto adjoining Tots. It is further intended that this district
is not to serve as a Small Convenience Center (SCC). Examples of HB uses are: taverns,
small grocery stores, Laundromats, and other businesses serving the immediate residential
neighborhood around this district. This zoning district is not intended to be allowed to be
further expanded or formed.
H. Small Convenience Center District (SCC). The purpose and intent of the Small
Convenience Center district is to:
1. Provide areas for commercial activities outside the downtown commercial district that
meet community retail shopping and service needs; and,
2. Accommodate small commercial centers, generally two to five acres in size, where most
of the commercial uses have located in a coordinated manner around a common parking
lot and one major commercial approach driveway.
Small Convenience Centers serve the day -to -day convenience shopping and service needs
of the surrounding neighborhood and should be designed to minimize undesirable impacts
of the center on the neighborhood it serves. Uses in this district should be retail or personal
service establishments dealing directly with the consumer, the primary occupants usually
being such uses as a supermarket, fast food restaurants and drug store.
I. Large Convenience Center (LCC). The purpose and intent of the Large Convenience
Center district is to:
1. Provide areas for commercial activities outside the downtown commercial district that
meet the retail shopping and service needs of the community; and,
2. Accommodate commercial centers, generally five to ten acres in size, where most of the
commercial uses are coordinated in a manner around a common parking lot and usually
with two major commercial approach driveways.
Large Convenience Centers serve the shopping and service needs of multiple surrounding
•
neighborhoods and should be designed to minimize the impacts. Uses in this district should
be larger retail or personal services, the primary occupants usually being such uses as
multiple tenant shopping, restaurants, office complexes, and multi mixed -uses.
J. Airport Support District (AS). The purpose of the Airport Support district is to
accommodate airport and aircraft related activities within the airport property. This district
includes the Yakima Air Terminal. A variety of uses are permitted. However, the intensity of
development is directly related to airport and/or aircraft related uses.
K. General Commercial District (GC). The purpose of the General Commercial district is to
accommodate wholesale and retail activities with some high- density residential
development. This district is primarily located near and along the major arterials as
designated in the Yakima Urban Area Comprehensive Plan. Like the CBD district, a variety
of land uses are permitted. However, the intensity of development is intended to be less
than in the CBD district.
L. Central Business District (CBD). The purpose of the Central Business District is to
preserve the business district of the City of Yakima as the region's center of commerce,
finance, government, industry, recreation, and culture. This district is characterized by very
intensive development and a variety of and uses including retail sales and service
establishments, high- density residential development, financial institutions, professional
buildings, and government offices.
M. Regional Development District (RD). The purpose of the Regional Development district is
to provide high visibility from the interstate and state highways of the City of Yakima to
provide regional commerce, office campus, recreation, large scale retail, culture, and large
multiple mixed uses. This district is characterized by very intensive development and a
variety of land uses including retail sales and service establishments, high- density
•
28
110 residential development, financial institutions, professional office buildings, hotels,
condominiums, and corporation headquarters.
N. Light Industrial District (M -I). The intent of the Tight industrial district is to:
1. Establish and preserve areas near designated truck routes, freeways, and the railroad
for Tight industrial uses;
2. Direct truck traffic onto designated truck routes and away from residential streets; and,
3. Minimize conflicts between uses in the Tight industrial district and surrounding land uses.
The Tight industrial district provides areas for Tight manufacturing, processing, research,
`wholesale trade, storage, and distribution facilities.
Uses permitted in this district should not generate noise levels, Tight, odor, or fumes that
would constitute a nuisance or hazard.
O. Heavy Industrial District (M -2). The intent of the heavy industrial district is to:
1. Establish and preserve areas near designated truck routes, freeways, and railroads for
heavy industrial uses;
2. Direct heavy truck traffic onto designated truck routes and away from residential streets;
and,
3. Minimize conflicts between heavy industrial uses and surrounding land uses.
The heavy industrial district provides areas for manufacturing, assembling, fabrication,
processing, and distribution and storage facilities. Uses in this district have the potential to
generate high levels of noise, light, odor, fumes, or smoke that require their protection from
encroachment by incompatible land uses.
P. Airport Overlay (AO). The Airport Overlay is intended to protect the airspace around the
Yakima Air Terminal at McAllister Field from airspace obstructions or hazards and
incompatible land uses. In addition to the regulations of the principal use district, the Airport
Overlay includes provisions for:
1. Preserving land adjacent to the Yakima Air Terminal at McAllister Field for future
commercial and industrial development; and,
2. Assuring that land uses, locating near the airport, are compatible with noise, height
obstruction and other impacts from the airport operation.
Q. Floodplain Overlay (FO). The purpose of the Floodplain Overlay is to:
1. Protect natural drainage system associated with floodways and floodplains;
2. Ensure that new development will not affect the flood elevations in surrounding areas;
3. Ensure adequate protection of life, health, and property from flood events;
4. Control development located within the 100 -year floodplain unless it is possible to
mitigate;
5. Ensure development is restricted within the floodway unless it is water dependant;
6. Emphasize FEMA standards in planning for flood prevention and damage reduction;
7. Comply with the City of Yakima's Shoreline Master Program;
8. Minimize the expenditure of public money for flood - control projects;
9. Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken with public money;
10. Minimize damage to public facilities and utilities such as water lines, sewer lines, and
streets;
11. Protect river, creek, and stream channels from encroachment so that flood heights and
flood damage will not be appreciably increased;
12. Ensure that potential buyers are notified that FEMA mapping is used to help identify that
property is in an area of special flood hazards;
13. Ensure that property owners who occupy flood hazard areas have adequate information
when they apply for development changes to their property so the property owner can
® assess the results of their development actions;
14. Continue to implement the National Flood Insurance Program; and,
29
15. Use and enforce the Building Code to help minimize losses due to flooding.
R. Greenway Overlay (GO). The Yakima River Regional Greenway Plan was adopted to
preserve and maintain the Yakima River as a natural resource for all citizens to enjoy. The
Greenway corridor extends from Yakima Canyon. to Union Gap. Greenway boundaries were
originally defined in 1977 by the state legislature with the creation of the Washington State
Yakima River Conservation Area.
The Greenway corridor is classified into natural, conservation, and recreation areas. Each
Greenway corridor area may contain various facilities developed by the Greenway
Foundation, such as pathways, recreational sites, boat landings, parks, playgrounds,
campgrounds, and group camps. Many of the Greenway facilities, such as trails, have been
constructed on the top of existing dikes and levees. The Greenway provides access for
levee maintenance and repair and to be responsible for damage to trails caused by flooding.
In addition to the provisions of the principal use district, the purpose of the Greenway
Overlay is to:
1. Make the Greenway more attractive and accessible to the public;
2. Assure development conserves shoreline vegetation and controls erosion;
3. Implement the Yakima County /City Shoreline Master Program and the Yakima River
Regional Greenway Plan;
4. Limit development to activities which are particularly dependent on a location in the
Greenway;
5. Preserve and protect the fragile natural resources and culturally significant features
along the Greenway;
6. Increase public access to publicly -owned areas of the Greenway where increased use is
desirable;
7. Protect public and private properties from the adverse effects of improper development
in hazardous shoreline areas; and,
•
8. Give preference to uses creating long -term over short-term benefits.
S. Master Planned Development Overlay (PD). The Master Planned Development Overlay is
intended to allow larger scale, mixed -use developments in selected areas of the City where
certain development requirements may be adjusted as necessary to promote and integrated
approach to planning and site design. The City finds that such developments require
special review and conditioning to ensure that adjacent areas are preserved and protected.
(YMC Ch. 15.28)
T. Institutional Overlay (10). The Institutional Overlay is intended to allow designated
community institutions that are valuable and necessary to the community, but which are
located adjacent to or within residential zones. The City finds that these institutions require
special review and conditioning to ensure that adjacent residential areas are preserved and
protected. (YMC Ch. 15.31)
The Institutional Overlay includes provisions to:
1. Make the institution more compatible and accessible to the public;
2. Assure development has the ability for future expansion;
3. Provide increased protection such as increased buffers as the institution locates closer
to residential districts, especially R -1; and,
4. Utilize the goals and policies of the Yakima Urban Area Comprehension Plan.
15.03.030 — Map of Zoning Districts and Overlays
A. Adoption, Changes, Filing, and Replacement.
1. The zoning districts established by this Title are defined as shown on the Official Zoning
Map for the Yakima Urban Growth Area. The Official Zoning Map, together with all the
explanatory material thereon, is adopted by reference and declared to be a part. In
•
30
• addition, any adopted overlay shall be displayed on the zoning map as identified by the
adopted ordinance..
2. The official zoning map for the unincorporated portion of the Yakima Urban Growth Area
shall be maintained in the Yakima County Planning Division. The City of Yakima
Department of Community and Economic Development shall maintain the official zoning
map for that portion of the Yakima Urban Area within the Yakima City limits.
3. Each official zoning map shall be identified by the adopted ordinance . of the appropriate
jurisdiction and the date of adoption. The ' official zoning map maintained by the
county /city shall be the final authority as to the current zoning status of land.
4. Any changes in the district boundaries established by this Title shall be made in
accordance with the provisions. The official zoning map shall . be promptly changed after
the amendment has been approved by the respective legislative body.
5. No changes of any kind shall be made on the official zoning map except in conformance
with the procedures. Any unauthorized change by any person(s) shall be considered a
violation and punishable as provided under YMC Ch. 15.25.
6. If the official zoning map becomes damaged, destroyed, lost, or difficult to interpret
because of the nature or number of changes and additions, the legislative body may, by
resolution, adopt a new official zoning map, which shall supersede the prior official
zoning map. The new official zoning map may correct drafting , or .other errors or
omissions in the prior official zoning map, but no such correction shall have the effect of
amending the original zoning ordinance or any subsequent amendment thereof.
B. Basis for Mapping the Floodplain Overlay area, Warning and Disclaimer of Liability.
The Floodplain Overlay shall be that area within the One Hundred -Year Floodplain shown
on the Federal Flood Insurance Rate Maps (FIRM) for the City and County. The Federal
Emergency Management Agency (FEMA) periodically updates these maps.
Section 3. Section 15.04.030 of the City of Yakima Municipal Code is hereby amended
to read as follows:
P Y
15.04.030 — Table of Permitted Land Uses
Table 4 -1 titled "Permitted Land Uses" is incorporated as part of this section. Each permitted
land use listed in Table 4 -1 is designated a Class (1), (2), or (3) use for a particular zoning
district. In addition, some Class (1) uses may require Type (2) review in accordance with YMC
15.04.020. All permitted land uses and associated site improvements are subject to the design
standards and review procedures of this title.
31
•
I A .,.
Table 4 -1 Permitted Land Uses SR R1 R2 R3 B1 B2 HB SCQ LCC S GC CBE RD M1 M2
'AGRICULTURA.L(COMMERCIAL) - -- - - - . , • - -
Agriculture, Horticulture, General Farming (not feedlots or 1 1 1
stockyards) ( *) 1
Agricultural.Building'( *) -, • - 1 ,_ : 1,.. 1 '1
Agricultural Chemical Sales /Storage I 1 1- 1
- Agricultural.Market (*) :- - -- • -: 1 7.:.. _ 1 :- -- °1 _ -:. 1.... - '..1.-r- 1 :..: 1 -1-
Agricultural Stand ( *) 1 1 1
'Agricultural Related Industries`( *) - - _-
Animal Husbandry (See YMC 15.09.070) ( *) 1 2 1 1
Concentrated:Feedin O eration * --
Floriculture, Aquaculture 1 1 1
Fruit' Bin; Sales /Storage'`. - 3 - -: ,-- -1: 2-'-.,, - . -1:- 1
_ Winery and Brewery - Basic ( *) 3 3 1 2
:: Resort /D.estination °w /onsite agricultural production ( *), - 2 =`3 3 :.:: - ` •
_
°.3... 31 3 3
Resort/Destination ( *) 2 3 3 1 1 1 3
Retail ( *) ::_ 1 1 1: 1< 1 1 2
AMUSEMENT AND RECREATION
:. Aquatic :Center ;' - ,. - - - : 3 3 :3 1: 2
Amusement Park (Permanent) ( *) 3 3 3 1 3
- ::BowlingAlleys `- 2 ;2 2 1' 1 :2 - 3
Campground ( *) 3 2
- - Dnve'in',Theatres - i - 3 , -= -:. 2.. : 2 • 2
Exercise Facilities
Horse Racin Tracks;_ Speedways „ :_' - - ' _" - - 3
1 1 2
Game Rooms, Card Rooms, Electronic Game Rooms ( *) 3 2 1 2 2 2
- Golf.Courses, Golf.: Driving' Ranges `3 "3 3 -' 3 _ -
Miniature Golf Courses 3 3 1 1 1 1
. Movie:Theatres, Auditoriums; Exhibition Halls`:; . - 3 1 1': : '11-'...-= = :1
Parks ( *) 2 2 2 2 2 2 2 2 2 2 2 1 2 2
- `Roller �Skatin or Ice. :Skatin Rink -
Sports Facility (Indoor) 2 2 1 2 1 2
So CardRooms (See ;YMC "1 :090)( *) - 3 3 3 3
State Fair Park (See YMC 15.04.200)
32
10 110 III
0 0 •
• A
:„ . Table 4-1 Permitted Land Uses . SR -R1 R2 R3 B1 B2 HB• SCC LCC S GC CBI RD M1 M2
• . COMMUNITY SERVICES
C0iiietefyfiCitrffateyiutiiMitb:Fdheeal.1Hortiegi4r e '-' ilii r., 3
Funeral Home not associated with Cemetery / Crematorium 3 2 2 2 1 1 1 2 2
QhurChe'l:SjlgSyri,4'gOgi)j :t.:12::-J.'43 , i::Zal_: , .. : ::::.:2--;!f;:. aZY ",-:2i_r• :'e ii.t2TFL! t'-:Zig:3;',..1i-.40 ?e A 2:$!:: .2-7':. g=5:1:i
Community Center (*) Meeting Halls, Fraternal Organizations 2 2 2 2 2 2 2 2 2 . 1 1 2
. • - 10Ycarel horrietio6u15atibil).FartiiiyIn;HOrne ,- 1'-.1T , •:::: ' - , - .2- , f,..'7,2 , :f7-i-='; - 2jr!-::::;;2: - •ii•-ii7; - '-=- - 2, 4 :',41' -4 1:', , k - i -, i,T:' , ! - -.' , :ri 1:: ::-':ta:
•
Daycare Center (*) 2 2 2 2 • 1 1 2 1 1 1 1 2 1
Public Facility(*) 3 3 3 3 2 2 2 2 1 1 1 - 1 1 1
Hospital (*) Outside Institutional Overlay 3 3 3 3 3 3 3 3
- ;. - tibet.. - oetie. - 64, 1 1Fd6ilitiOK:i-V&i";::..;W:i4.417.,:',:.' , e' , 'Y,:kig-::: - I'll'1-;':E-!±ii'ii.:14:::':-..f' , ..."::;gi''':'-'::::''; '''3 ':: - -':::r r =: ,---. '.1 -f '.:..j , '' - .E. - -'1'!i:' ?=;:k;:::' '')3" .',t:314 '.':3: =;-:--,..'-?:',-, ii:3!,
, . Libraries • . 3 3 3 2 1 2 1 1 1 1 1 1
MUgei_iiiigITArtf,Galleriet 3;::-.-: 2Fit g!rj 1. ',:1::::T -- .11,7:-;s :1 :.-=',::::j.::::.-- - -:::. - 1.-.:7 , ' 1.1::::::::','::4.
Schools
Aff E-: =)::3 3:','.=4 . 1'.3::-,:: : ::": i:' ::". :::::F":.' -':;:::::::=:::=- l'::::' ':i3.`::::?,
Senior High School 3 3 3 3 3 3 3 3
BiAelifieg . ...3:: - .. , i -, i,'31 : : - •'''.:: f- 'i :4 ':-.2'f 'A A 3.;:;=',.:; "2::::: '
Community College / University - Inside Institutional Overlay • (See YMC Ch. 15.30)
. : ...1 :,. .gq„ , ..0of.rirriiiiitY1C011egektibi'VeititYP, - ;!;-06tSidOlhttitUtiOrialOveitIOY',',:I . ; . -!:33 , :# ', ' 'H:i'3":1=';' ':' 2-',5.'..:._ '.-'2'::::2::g.. ?;2:-7::=:in:',2:::•J': :"::3:il: .2:',.'t:'.t311 f:2:-_ .:'.2'•:=
Vocational Schools (*) 3 3 3 3 3 2 2 2 1 1 1 2 3
lNya$tOvy4:fOrt-i5p(4?ireIdrlg.t=:_:' .:; iiiit , ,-: . -:_,14:-....::.7 FA:II!: !tic ::' .:4 . 4 - ,t.:?;..1. -:::!..7-V= 1 :::::" : ::; , ,; - . ,,;:,..,,,. 3:-ilj3 Js
Zoo (*) . 3 33 3 3
:! -
Group Homes (Six or fewer), Adult Family Home (*) 1 1 1 1 1 1 1 1
' i::: :'•, i'''''32;::'1!: .--:::-;:! 'f-:3?Zz
Boarding House (*) 3 3 3 3 3 1 2
' 'iir7E: -•7 Z:-!= =';' 't':-..:::;"-:::?: :7 '',171f..-7 :-..Y-.f::-7 --.:. :
Group Homes (More than Six), Convalescent and Nursing Homes (*) 3 2 2 2 3 3
M ANUFACTURING gtri-t W:t.V.??XiAgfrkilfS-il,,;3-3,3::-L-7:',-7.-,l'O.V.-#.4!-.4.'±N.VZ-Z7F:1-7,-',..---Ag i'l..:7t4i,Ntt:::t:.--_-17-.!:7774i7,,-F*,iiTT.1:---,k1;7f.ff-Sii.V.--16-1:S5'-,g.-?'4i..;:7;',I=.;::7,:,,.5•c'i:•,'.•-'i''''.iTr?-A.1.-.,:'-'4.
Agricultural Product Support , 2 2 2 1 1
Wilige -- ' . :ik - iri .6::: !,=- 2: ::401:! :::::-4 i:::1-:`,":,..
: .i . A1 5 ,0iaterjai0A: 66. 0'sdxies4YP'17 - :' , 1'- - V;A"; 3 "r4q'":::g10:i , %i'At.' ,: fVV;Vjf:- - '? 7 - - ". l'OV: 7'-Tq :" RITil:;i Ri;"Iti! ':'':ii'; R-ii:tFi:3 4 "Tif::: :='1': '-i'? . :§.2';':-'2, :AV A.::::
Bakery Products (wholesale) 2 2 2 2 2 1 1
33
•
Table 4 -1 Permitted Land Uses SR R1 R2 R3 B1 B2 HB SCC LCC S GC CB[ RD M1 M2
Beverage I ndustry( *) `=: .. .
:2 2' 2. - <'1 1
Canning, Preserving and Packaging Fruits, Vegetables, & Other 3 1 1
Foods
- Cement and: Concrete`P,lants
3 1:_
Chemicals (Industrial, Agricultural, Wood, etc.)
3 1
Concrete„ Gypsum =and = Plaster;; Products _ ` - 2 1 '1''
Confectionery and Related Products (wholesale) 2 2 2
1 2 1 1
Cutlery, Hand Tools and:GeneralzHardware`_ : :1 3 , .1 :
Drugs 1 2 1 1
Electrical;Transinission:and Distribution Equipment _
Electronic Components and Accessories and Product Assembly 1 2 2 3 1 1
Engineering,' Medical, Optical, Dental, Scientific. Instruments and ' 1 2
; P r oduct Assembly
, -
1 1-
Fabricated Structural Metal Products
2 3 3
' ` 1 1
„Food: Proce
Furniture
Glass,rPottery, and Related, :Products °'and Assembly
2 3 2 1 1
Grain Mill Products
Heatin : W
g Apparatusood: Stoves
Leather 1 1
Leather T n t 9 s a" nd Finishin - - •
3 1 1 • 1
Machinery and Equipment
::
1 Meat, Poult .- _and,Dai
2 1 1
ry ry;Products = = - _ . _ 1 1 ,.:;
Paints, Varnishes, Lacquers, Enamels and Allied Products 3 1
Paperboard, Containers and: Boxe 1 3 - , 1_ 1 _.
Plastic Products and Assembly
1 '' Prefabricated° S tructural„ Wood_ Products and- .: C.ontainer s -`
2 1 1
Printing, Publishing and Binding
Printing Trade (Service industries)
1 3 2 1 1
Recycling Processing Center ( *) 3 1
Rendering Plants, Slaughter Houses
3
:Rubbe Product ` `1: - . '':2 1;
Sign Manufacturing and Product Assembly ( *) 2 1 1 1 1 •
34
0 III •
• . 0 •
A
Table 4-1 Permitted Land Uses SR R1 R2 R3 B1 B2 HB SCC LCC S GC CBI RD M1 M2
SawniiIISZeiid;Planirib2MillSggA4=V-7:4 ''? tr: " 2' T- - - ''. .... -1':--:-.;`---51.-', '2;-: :El
. - Sheet Metal and Welding Shops ' 2 1 1
StOrieXPIbd.itSi(iilCludeSjfihishing:: 'Y, '? -::t :Kiict:', .-:2.::•:.'-; .;;;. i. 4-::Y '-i2::§ - :::2':::::'; f 415 :::-1
Transportation Equipment, Including Trailers and Campers 1 1
, V9o0WOiTkitiglOabitietSaShel.Ve.Setc:4': 3 1 - WV.'ifSt" -1 tM'FftT;rft73 -, ''': . .: . a . Tt a- :k 't-::' :'7:: '11,.'-'.' : ' , 2. --- ::,i '' : - 'f2:5 ' ::'2,.:
MINING/REFINING/OFF-SITE ' HAZARDOUS WASTE
TREATMENT
.-- . ; Asobaitt'Ea:Vird - :'.'alid.:; -, Roofind . '.: , MatetialktROOk'Ci - tithing: : :-24§:;:i.!1;-- - ;;V:, -- q.:y , 0';-; - .f3'.= - -;:, ! :t, ;'814i -S; ,- ': ,-- :=: - .bi: ';`--i' - ''' ,-- :t=' [. . , '"':::"! ,5 F7-::T:Y , ?--' - . -= 'f1:-4 '-:,-:-'!,..`,',.:,;-::- 'Zi; --,-- !k!f=:i . - --,-. '' '. . 4:1 -- ,-:'
Mining Including Sand and Gravel Pits (*) 3 3 3
• _:' , ..Stii;c 1 cbiliei§TqfEiltieiiMatelialSCyr - P.Ik.ti-g - - - :' ,: kifa_tj , ' , .- - - - _ ,- gkiT , t.::': - .*:'MF:Ti:''1'42';:;_; . ,',., ',.',2.i'-' =:,1 - ‘ , :4 - 1:1 - j- 3 ?'1;::::- -4.,:_':' ,.:13-::P ti'r,"=! "-A '
Off-Site Hazardous Waste Treatment and Storage Facilities(*) '' 3 3
4AESIDENTrIAV',:jl:f _ ',"Att-qf.tf'i; _ '*:,.-i.?.-li'-tr-174Fg : itlfAit':.'.4-5::igi 't l- Nft ::-1'- '" :--- !' : e# - '': i'g f - P :-5F 'r -': _ t3-9N;: .A = iq .' Fit - ali" - = -- :g 41 K - .'# : Cdg 4 'i i f ; ti 4 ' -- = ,3 i - e' 3 iPt i t - -M-"P:. 7 :j_ 5- .-I , ', - 'ra'.. , fe:';'r_q'; - l - i;Mk-i.'.t-r-' , 3Z' 4 1"-::' - '-':''-" , -,TN..1F--!'-',V;"J-'r:-f'-
' Accessory Uses (*) - See YMC 15.04.060 ....••
Detaoheitt. ' 1111111111111',,3 ..3 -. -; A ' '--3-' . :::::'-'-:: .::3;:::: 1 ::::::;"-:: : :::?,-
Accessory Dwellin• Unit * See YMC 15.09.045 EME.1.1
._ ._ .- . , .. _ ..
ExiStitil?: - ::-ii 4::
:, 4 ?f-7'II;:'!;;'*::::i ' 4'r===''; ii::::-{ f.-: ::;i.V.,. - -4: 1 ..!.;,:;:.: ! . i;:1:;4
4 , 1 ;),C 1 0. - iiA66e6:lieet.:'6e , leie - O r i- . §::; , Fiig - r, j 7 --6 _ , :i.= -, _-: - - - f5.7-:;.::: -7. 1: - : .- z). -,- ,igzE',:'..'.:7,-1p;04, , F,i:::::= : ',..: , ,i--7;.:::t ,.''r-T:-..: ::::::,::::;:,-; ..T-:::-.m. 5 ..-il ':i . . ::
Detached Single-Family Dwelling (zero lot line) (*) (See YMC 2 2 2 2 3 - 3 1 3 3 3 3
15.09.040)
Attiat4aiSi6gtecfakilp■iimind; '22t4 i ''.1 101---: li-=.5! i.',...`:'ir: :11-;:tz!:'t i2; 7 !ti...fi :ji:if: .'°k: .`1:2
Two-Family Dwelling (Duplex) (*) 3 3 1 1 2 2 1 2 2 2 2
:,. C - iiriVett0t1 1 ),Wellii)(t)q: - .r_efg-rl*:..fl-g , , , ,4 7 :ZORti -- :"i!„40.7.::iF!.: ,- ::': , ;' , -Ir;.t.:,q ,. .-.',1: - :'gfi' : =2.1, - ' 7 . , PfA. - - - 6-.:-.3§ - ='; 1 ':::aY:ir.-1 .54)ii 2 ::'''. ',. P2, i'.-2 : : 2 -- ',-14.4-7:-.: ;;,i': 2 ,'• '.:;-:
• . Multi-Family Dwelling (*): 0-7 DU/NRA 2 1 2 2 2 2 2 2 2
1.-Y,1.4?8412;DOZNRA'Cifgf.i',0,gf4fi-eaFt'N.-t:V;'iTk.tif:!:,.',:!,-or-;,.M-_;:,-_'„i:::.S:,f..---:-=zg:,,-=,;f::'.',-:ris:;?!;:7,-:-g::•:.-:;::z.1Nt,;4_,-.?f.1---..I.::'-=FT''24-.k.,7y2i,:;. 42"- f-;T;`, l' ':IR = 12:::':t'f: `T '7:2i:11:!
13+ DU/NRA 3 1 2 2 2 2 2 . 2 2
LN.MiXediLle'elBailditig W . - ,;,iif`q - t?, ',..,f-:g t', . :i::i , :,':i,,i: '1.. :51iii:::-.. ifil.:A .=:,;crifit 5 f;'..J
Planned Develop • See YMC 15.28
IMiibilOiliOit,0:03.PartiSig1(0-kg:§111 . g-4 1 1 - ;ig '''2';:1-::: ;;.';': - 4i''''''ti& .--4 * , i''''''':'"fri ''
Mobile Home * or Manufactured Homes * See YMC 15.04.160
' AR: - - .11 '3i':'.=1 , 'z'-{?.. '5i-;',? ';'i : 7:; 71 f:11 f:S:1:: !!31: - - - 5::: : :37 . •;:7 2';. -- '.. , ; : -..;i:'-:?•:4:
Temporary Hardship Units (See YMC 15.04.140) 2 2 2 2 2 2 2 2 2 2 2
'tgi.'j:Wig-':
. . 35
A . .
Table 4-1 Permitted Land Uses SR R1 R2 R3 B1 82 HB SCC LCC S GC CB[ RD M1 M2
Animal Clinic/Hospital/Veterinarian (*) 3 2 2 2 1 2 1 1 1
F J , Ad6tiqhA6LiieltbkGb.bd0'1effiV4:-- - -iFRO ,- ageli. r ifNi. - -37 - .Kt=T:i' , i.I.:4 -,- ,.;' -, 3 : '-',-,"-..--;',-'-:- - -:- . 4-! ,- 5-='!' - k:2-: 11 ,7E- - -; ] K - . ; '' - '-'-:?'-f A ',..;':', 5',..2 a;11
Auction House for Livestock (*) 3 2 . 2
-,--- .A 4 tOrribtik01 7- 4 - 0 7, g14ft , :tf - 47 - 1 - ;-1 , k ,- - -5 '. 7, -V -: :T - q - -::1== = -' , : f A'-in T :: 7- qc , ' , 'r=': , i' - -':;7- -- -f , ' - '=': -- Y ,- :-::-:' ,- '' . :' , :' , ;.';1- , := -, Z - ':: - :-;:??;=ZRar- --- Kf-J: - .;' , 6= , :=A 4 =Nr-Z;',FI::='_:;:7 - ; - -=::S , '-:;= - :";=:-: , i,:t.W -- : - 5':giV,-, - f;:-.i.-,k-:-';'- - ii - -..1 - !:,? - T. - ,p - ,,r-;-, - .,=f - _ -- i-r;:, , : , 3: -- _-: - 0 -. -1,!;,Ig : 17 : ==_!'--1'r:;;.': - -:;-
- Automotive Dealer New and Used Sales 2 2 2 1 3 - 1 1
,, .... . ,.._,
Weeke0d:',A(ifoitibbild.iatid.ReciOtioriar -- ::''S . 1 , lie: , : ''.: Tz .7::::::', -,. iin 1.-:'''_."-: - ',: - ;:ii- - - . i' ',.' - .F-1'... 1 i -
Automotive: Car Wash / Detailing 2 1 . 1 1 1 1 2
'.]: 'ir.: 'i.:-:. .!...-.:,-,--...---=',,,,:',., -'::::',., : '1-i4f- '-i';:'2: : st.P.:-: A V:': ArJ!:.‘j 4,;',_:':: .',
Maintenance and Repair Shops 2 1 1 2 1 2 1 2
Paiheand;Body1_-RePaiershopT ': =::i=::,, , - , ..:12::'! :' 1.j :t.!.:::-:-: :'-1 :::,-. :::;' - -1, - :::i: , ::::::2-
Parts and Accessories (tires, batteries, etc.) 2 1 1 1 1 2 1 2
-- P;. -- P - .1 7 0,WiibSe:N.j.O.0: .1 ,: 1 ;':'-13 , 1 7 47 - e , '::( - 1 - ' 1 5'17 . - -- i?-1-' - - - ?:===::l:::i'' . ;`,' . :r'' - 17 - -i: - ..r:s9-'-'1--'77 - '1'i- - ' - ,.':,:: '''''1-7:fl;: ':::=1-12: . ". - TR ;'::' :t 7 '±. 7 '..5. - .''''','-'::::-; '.,::' ': - - - -lf,Y, :::: '-'7Y::',-:: -'.,,..i...tf:....-;1:
Wrecking and Dismantling Yard (*) & Hulk Haulers (*) 3 1
3 air - BbridS:;5 1- F , f;' ,-7;- 01 --- .7 , .. --- eik=F - =-'n''' , F 7 ' , ff.;'-' - ''1=: , t - ,''-? ..- = - 'ifftit'F- - . -- ::: - -' - '-c7 -- -: - .'": -,--- ''i''7 - - - ::::=;':r: -,;',--::::-: Y'= - ': - :-' 3--- '.:T. 7 . - '' .5- ' - .:: - : -1- ,.1.3 ;, :k .;,-:=-,::.-,-'--=,:-,--,..::'';:-''.: 1::"M 1 - .'1._, ,-- --- . :
f= Shope,,::::::;;;;;'.;: s: - ' '-';----`:': • ._! '---',,,'::: '':' '-.Z' -: =2-;;. -f i - : - 1: , -r'''' ,2:4'.: j: :. '-:1:-." 4:5': '-;,Vr A'. ',1-2:;'..', -...!-:-: -•:.-
Bed and Breakfast Inn (*) 2 2 2 2 2 - 2 1
B! '' -, ? - ',:'fl'-:: .7. :f:=;:-. . '2''.' . .'' .- :- ::;,-'7 1 .',:_:::-:(-,.:.- :-1:: - ?:1 :-:-.
BotorCer:ShOj;* -' , i:-4, - : , ..: .- , ": 11 gV;7. ,, ; - :_:'-7.:-:? 1 ; ''" 1 --:-..=-''-' .11-;:-=', ' .. . :,25.=:: f-;'2'::: .:-,1P
Commercial Services (*) 2 1 2 1 1 1 1 1 2
- Cariiriii:ihidatiOhl.TOWers',C(*) .4t4'4' SeeIYMC
C '-?.13:r:: ; ,- , - ',.g . ;-1:3.gF,I,':. z14 .3Z ::::41 ',1 '=1 47 l''' .- :-4 . '-',:-:? '
Convenience Store - Open 10:00 p.m. to 6:00 a.m. 2 2 2 1 1 2 1 2
Pet Daycare / Animal Training •(*) 2 - 1 1 1 2 1 1 2
Farm and Implements, Tools and Heavy Construction 1 2 3 1 1
F aeeni' , sup.wietItt , ±:z , .. - : ,-, v- - vi'o:r;5":i'7' , =';;:-' , :' , ' , 7-:::::::':" . k.t , :fj." -- ;-::'-'f,:1.'.E.:::: - . - -';:-.=: - . .-:'_ .': .T.,*.i.7, 2. - 2: - - - . - . ..=.1 :=1,! - ., - _ - : - .[,!. - % - *.f.',-.:' ---:----..-: .
Financial Institutions 1 1 1 1 1 1 1 1
' arid '': ':::: ,E:'= -- ::ii .. ": ' 27 ; - --;;i:.:. - 7 --- 1. -. A, .f.-. '-.1-
Furniture, Home Furnishings, Appliances 1 1 1 1 1 1 1
.. G..er)erl , ''. , Ha'rd,W;ar0,'ggOrderiEIUiprhentA„'St.jpplieS',:,-:; : = - ,t';'-:-:'-'-IE:''.''-fj.''a:':':.il' , -'!_: ;:=!,':...:":, . '::: :.;'.2:;;::2,:', ===::';: 'r.2-:::'H-3: ':,. ,-, =1.1 . ::-'' , ." j:1''':- .:1';':;,. .4::-.,' 4 :1 - -.!:7ti' . Ai.-',, A::
General Retail Sales 12,000 sq. ft. or less (not otherwise regulated) 2 1 1 1 1 - 1 ,1 1 3
(*)
_ ,,, .._ ... .... _ .._ ___._ __,.,.
- go o0(1 :sftrg•-- ::** rWISO.-';, - :::;5 - -4_: ,- -. .:=,tp 4: -- Isg-- - ft **1 -- - , ,.,0=i , fj , t - i - iNf?g - 01A ;:i:.11' 4:5, 1 1 - ii - .1'.t 1,
3 6
• . ' • •
I
•. - • •
A
Table 4 -1 Permitted Land Uses SR R1 R2 R3 B1 B2 HB SCC LCC .S GC CB[ RD M1 M2
Heating and Plumbing and Electrical Equipment Stores 2 2 1 1 1 1 1
;` Heavy: Equipment: Stor &"Re airy i
Kennels ( *) 2 2 2
_Laundries FLaundromats and ;:Pl ii:F ;r '; ,, ,.. t , F
Liquor Stores - 2 2 1 1 1 1
LocksmithS.4ij0 Gunsmiths _ A -- _
Lumber Yards 2 1 1 1 1
;.Massa eTlera - _ / S a : * - - - , 1
Motels and Hotels
Night . Clubs /Dance Establis hment , ° - - � _ h = 2 1 1 1 1 1
Nursery ( *)
2 1 1 1 1 •
- Offices and Clinics -
_ y
Outdoor Advertising (Billboards)
Pawn l3rokera
t 3 � . S ee C YM 15 08 3
Radio/TV Studio
3 2 2 1 1 1 1 2
'-- Recycling D,b 5 Off.Center,'( *) _ -,_- , .. _
Rental: Auto, Truck, Trailer, Fleet Leasing Services with Storage 3 2 1 2 1 2 2 1 2
Rental � - -Y� ° _ - -
Heav E -...-.. . ,..
j ui men _ -
w.. . -y A -- R - _ - .(.e._cept automotive):w�th. Storage ..:,.:: -,:,, .a .;._� < �° , . � .; <. . :� . ` _ :
Rental: Heavy Equipment (except automotive) without storage . 1 2 ' c 3 2
_Re ars SmaII A Iiances - TV/, Bu
..__ i
p.. -s __ -- _ - � pp ..." ._ .,e. r , > smessMach �Watches, ��'� . -
: : . . - � _ .: . �. 1 , � ��1 a „..=1,R4., . Repairs: Reupholstery and Furniture 1 1 1 1 1 1 1 1
Re` airs SrnaII Engine andhGarden u' «-.� ,,.<
-p _ ..9 - -- - � - - . _.q_ipment - - F" ; � "° 2,< 2 � 2- -1Y _'1 ��_ �° 2 f. _1 -=
Restaurant ( *) - ' - � _ - �- � � s � 2 1 _ -
Vimstcessailo
; �Tr , •`� � � -t- F , F { z .� � ?,5177,..R3-t:',1 � _ _ 1 1 1 1 1 1 1
Sea
s :
Service Station ( *) Closed Between 10:00 p.m. and 6 :00 a.m. ( *) 2 1 1 1 1 1 1 1
Service1S_ tation *)yQpen _140,:00 p m rand #6:00 -a:m. * z:
Shooting Ranges (Indoor) :1 1 :.k 2 1,:n :2' ,
- � k. - � - - - 3 3 3 1
ei
x
rated= amtedor =c ry _ °� _ -�;�
, , _. a ed= - _ -
Taverns ( *) and Bars 1 2 1 1 1 1 1 1 1
..echrnical E ui rrieri.t:Sale * :` $ -
Truck Service Stations and Shops 3 2 1 1
yTruckr .L r =: r LL_
a e :-.Manufacture. �-
d,;Home: &�T
ravel ;Trail `° �:� ,� - �� :�•�
. _ _ - - _ S ale - ,:��� -
.
Waste Material Processing and Junk Handling ( *) _ 1 3 ; 3%
3 1
- 37
•
A
Table 4 -1 Permitted Land Uses SR R1 R2 R3 B1 B2 HB SCC LCC S GC CB[ RD M1 M2
TRANSPORTATION
Y w
Bus Terminals
1 1
‘ Bus;Storage°and Maintenance Facilities
_1 1,
Transportation Brokerage.( *) Offices, with Truck Parking 2 2 1 1
Contract Truck Hauling, Rental of Trucks with Drivers - 1 1 1
Air, Rail, Truck Teri urinals e(for short- term storage office ,etc) ' 1 2 1 1:
Railroad Switch Yards, Maintenance and Repair Facilities, etc. 1 1
Taxicab Terminals,, Maintenance and :Dispatching ~.Centers, ete_ r -- = : '. -
.
Airport Landing Field 1
'Airport Operation *) _ -; - '; 1 _
UTILITIES
RowertGerierating_-Facilities = v ,
v ':- 3 "2' 1
- Utility Services (substations, etc.) 3 3 3 3 3 3 3 3 3 1 1
AWHOLESALETRADE4STORAGE ,
a Warehouses ( *)
_ r 2 � 1
':Wholesale l"rade ( *) -
f= -
Storage Facilities, Bulk ( *) 1 2 1 1
Stoife a Facilities Commercial' * - -
Residential Mini - Storage ( *) 3 3 1 2 • 3 1 1
*R efers to definition in YMC Ch. 15.02
= Not Permitted •
1 = Class (1) Permitted Use
2 = Class (2) Requires an Administrative Review by the Administrative Official
•
3 = Class (3) Requires a Public Hearing by the Hearing Examiner
38
III III •
4110 Section 4. Section 15.04.060 of the City of Yakima Municipal Code is hereby amended
to read as follows:
15.04.060 — Accessory uses
A. Generally. An accessory use is a use customarily incidental and subordinate to the principal
use of a structure or site. Accessory uses are permitted upon compliance with the terms and
provisions of this title. They must be clearly secondary to, supportive of, and compatible with
the principal use(s) and consistent with the purpose and intent of the zoning district. The
land use classification and review requirements of an accessory use shall be the same as
that of the principal use(s), unless specified.
B. On -site hazardous waste treatment and storage is permitted as an accessory use in the SR,
B -1, B -2, HB, LCC, CBD, GC, M -1 and M -2 districts, subject to the state siting criteria in the
Washington Administrative Code adopted pursuant to the requirements of RCW Chapter
70.105.
C. Garages. Private garages are permitted as an accessory use; provided, that in residential
districts they are primarily used to store motor vehicles by the occupants of the residence.
D. Pets. The keeping of pets is permitted as an accessory use provided, that in residential
districts they are subject to the following restrictions (see definition of "kennel" and "animal
husbandry"):
1. They are domesticated animals kept for pleasure or as a hobby rather than utility,
including, but not limited to fish, birds, dogs four (4), cats six (6), hen chickens (no
roosters) fewer than five (5), and rabbits fewer than five (5).
2. Their presence does not create undue noise or odors such as would create a nuisance
or diminish the residential nature of the neighborhood;
• 3. Such animals are properly fed, watered and kept in a humane manner;
4. Any chicken coops, chicken tractors, or rabbit hutches shall be setback ten (10) or more
feet from any residence or property line, and five (5) feet from other structures including
decks;
5. Hen houses, coops, hutches, and chicken tractors shall be restricted to the backyard
area of a residential lot;
6. For chickens and rabbits, adequate fencing shall be installed to contain the animals
within the back yard.
7. The other provisions of the YMC for animals are followed.
E. Agricultural Buildings. Where permitted, an agricultural building shall not be used for human
habitation, processing, treating or packaging of agricultural products, nor shall it be a place
used by the public.
F. Cargo Containers.
1. Not Permitted. Cargo containers shall not be used for storage or other use within the
residential, B -1, or B -2 zoning districts for more than two consecutive weeks at a time.
2. Permitted. Cargo containers and /or semi -truck trailers are allowed as an accessory use
to a permitted business in the SCC, LCC, AS, GC, RD, M -1 and M -2 zoning districts.
a. Provided, all refrigerated cargo containers or semi -truck trailers that are not located
within a designated loading dock or loading bay shall be located no less than 50 feet
from any existing residential zoning district.
Section 5. Section 15.05.020 of the City of Yakima Municipal Code is hereby amended
to read as follows:
39
15.05.020 Site design requirements and standards.
A. Table of Site. Design Standards and Subdivision Requirements. The provisions of this
chapter and the requirements in Table 5 -1 and Table 5 -2 are established for all development .
in the zoning districts indicated.
B. Development on Nonconforming Lots. Development on nonconforming lots is governed
by this section and YMC 15.19.040. Except as limited by this title, any permitted use may be
allowed on any lot legally created prior to the adoption of this title. Such development and
structures are subject to the following additional provisions:
1. Detached single - family dwellings erected on nonconforming lots must meet the following
criteria:
a. The setback dimensions of the structure conform to the regulations of this title;
b. The lot has at least twenty feet of frontage on, or a minimum twenty- foot -wide
access easement to, a public or private road;
c. All other site design and development criteria other than the lot size requirements of
Table 5 -2 are met.
2. Zero lot line, common wall, or duplex development may be permitted on such lots in the
R -2, R -3 and B -1 districts only if the conditions of subsection (B)(1) of this section are
met.
3. Multifamily development may be permitted in the R -2, R -3, B -1, CBD and GC districts
only if the criteria of subsection (B) (1) of this section are met.
4. Zero lot line, common wall, duplex or multifamily development are not allowed on such
Tots in the SR and R -1 zones unless such development is the replacement or
reconstruction of a destroyed or damaged existing use, as defined in YMC 15.19.
5. Any permitted use or structure may be placed on a lot that is nonconforming as to width
and /or lot area in the industrial and commercial districts, but only if the criteria of
subsection (B)(1) of this section are met. •
C. Maximum Lot Coverage. Maximum lot coverage is the percentage of net land area of a
site that can be covered with structures and other impervious surfaces. The maximum lot
coverage in each district is shown in Table 5 -1. In the SR and R -1 districts, this standard is
intended to protect the open character of each district, and ensure that land is available to
accommodate septic tanks and drainfields. The intent in the R -2 and R -3 districts is to
provide areas for landscaping and recreation. Maximum lot coverage requirements in the
commercial districts are intended to promote development consistent with the character of
the district, protect setbacks, and provide the opportunity to integrate open space and
landscaping plans into the design and placement of the structure and off - street parking.
D. Structure setbacks. Are the minimum structure setbacks permitted in a particular zoning
district with Type (1) review. In the residential districts, structure setbacks are intended to
provide privacy, light, air and emergency access. Setbacks along easements and rights -of-
way are intended to minimize the impacts from traffic on adjoining property owners. In the
commercial districts, building setbacks provide visual clearance along streets and areas for
sitescreening and landscaping. Structure setbacks are required in the industrial districts to
provide fire protection, emergency access, and to reduce impacts on adjacent districts of
lower intensity. No structure shall be built or located on or in an easement. The use of an
access easement by a structure shall only be allowed upon vacation /alteration of the
easement in accordance with provisions established in the city /county subdivision
ordinance. The standard structure setback in each district is shown in Table 5 -1.
E. Setbacks for Residential Accessory Structures.
1. , Residential Accessory Structures Requiring a Building Permit: The minimum setback for
residential accessory structures in the residential districts shall be at least five feet from
the side property line, five feet from the rear property line, and up to, but not within, the •
40
• required front yard setback; provided, that the accessory structure(s) shall not encroach
on a public easement and applicable street setbacks are observed.
2. Residential Accessory Structures Not Requiring a Building Permit: The minimum setback
for a residential accessory structure in a residential district shall be at least five feet from
all side and rear property lines, existing structures, and up to, but not within the required
front yard . setback provided that the accessory structure shall not encroach on an
easement.
F. Maximum Building Height. Maximum building height is intended to maintain building
heights compatible with the character and intent of the district. The maximum building height
in each district is shown in Table 5 -1.
G. Fences and Wallis— Standard Height. The following provisions shall govern the location
and height of fences and walls:
1. In the front yard: fences and walls may be placed on or behind the property line.
However, no fence or wall shall exceed four feet in height within the required front yard
setback area. In residential districts, six feet shall be the maximum height in the front
yard behind the required setback. See Figure 5 -1, Typical Residential Fence Location.
In commercial and industrial districts, eight feet shall be the maximum height in the front
yard behind the required setback.
2. In the side yard and street side yard: fences and walls may be placed on or behind the
property line. In residential districts, six feet shall be the maximum height, provided that
no six foot street side yard fence shall extend past the front corner of the dwelling into
the front yard or be located within the clearview triangle. See Figure 5 -1, Typical
Residential Fence Location. In the commercial and industrial districts, eight feet shall be
the maximum height.
• 3. In the rear yard: fences and walls may be placed on or behind the property line. In the
residential districts six feet is the maximum fence or wall height in the rear yard;
provided, that when the rear yard abuts a designated arterial, the maximum height shall
be eight feet. Eight feet is the maximum rear yard fence height in the commercial and
industrial districts.
4. Within the clearview triangle: no fence, hedge or wall, exceeding 2.5 feet in height, shall
be placed in the clearview triangles established in YMC 15.05.040.
5. Fences over six feet in height: All fences over six feet in height shall meet the provisions
of the International Building Code.
6. Fence height in combination with a retaining wall: No combination of a fence and
retaining wall shall exceed a height of ten feet, measured from the lower elevation,
except, existing retaining walls at the time of the passage of this title will be allowed a
three- and - one - half -foot fence above the retaining wall.
41
41
i
ROAOWAY CEN7EMJN(
L:E,4R.I•E'Y MARGIE
. .�
ONElOHTFENGE
PROPERTY -
LINE •.• �. HOUSE
M7GlfT
1 FFNCE
1 1
45' FRONT 1
I 57RUCWORE
SE7&7GW
• .__ 40' 90E S?RUC7UAE
IBAL7(
__ PROPERTY
Figure 5-1
Typical Residential Fence Location
H. Access Required. All new development shall have a minimum of twenty feet of lot frontage
upon a public road or be served by an access easement at least twenty feet in width. The
purpose of this standard is to provide for vehicular access to all new development; provided,
the construction of single- family and two- family dwellings on existing legally established lots
•
is exempt from the requirements of this section.
I. Recreational Screen. A recreational screen is a protective device for recreational purposes
designed to keep recreational equipment within or outside of a designated area. Such uses
are typically associated with schools, parks, golf courses, swimming pools, ballfields, and
playgrounds. The specific standard for screen height in Table 5 -1 does not apply to
recreational screening as established by this title. The height and materials for screens will
be evaluated by the administrative official based on the need, safety requirements, and
relationship to residential and commercial properties and streets.
J. Sidewalk Requirement. Sidewalks on one side of the street are required with new
construction (except single- family structures). A sidewalk is required if one exists within two
hundred feet of the development on the same side of the street. Replacement of existing
sidewalk is required only if existing sidewalk presents a safety hazard, except that for
applications under the jurisdiction of the City of Yakima, the provisions of Title 12 of the
Yakima Municipal Code shall prevail over the provisions of this section to the extent of any
conflict between such provisions.
K. Swimming Pools. Swimming pools are permitted as an accessory use to: dwellings,
hotels /motels, boardinghouses, retirement homes, other residential uses, schools, and
recreational facilities when all of the following provisions are met:
1. Setbacks.
a. Front yard: The swimming pool, apron, and pumphouse meet the required front yard
setback in Table 5 -1.
b. Side and rear yard: The swimming pool and pumphouse are set back at least three
feet from the property line. The swimming pool apron may extend up to the property
line.
42
c. From an easement: The swimming pool, apron, and pumphouse may extend up to,
41110 but shall not encroach upon, an easement.
2. Fencing. The area around the pool is enclosed by a protective fence not less than four
feet in height.
L. Development within the State Fair Park. The following structures may be developed,
maintained, altered, expanded, or erected within the State Fair Park without further zoning
review provided such development is consistent with YMC 15.04.200(C), Allowable Uses,
SEPA mitigation where required, the development standards of this code and other
construction permit requirements:
1. Administrative and operational offices.
2. Auditoriums, meeting and exhibit halls.
3. Bars and drinking facilities.
4. Campgrounds.
5. Caretaker and /or employee residential quarters.
6. Equestrian facilities.
7. Exposition structures.
8. Grandstand facilities.
9. Libraries and museums.
10. Livestock barns.
11. Motorized sports facilities.
12. Parking facilities.
Section 6. Section 15.05.030 of the City of Yakima Municipal Code is hereby amended
to read as follows:
• 15.05.030 Creation of new lots— Subdivision requirements.
A. Table of Subdivision Requirements. The provisions of this section and the requirements
set forth in Table 5 -2 are hereby established for all subdivisions in the zoning districts
indicated. In the case of conflict between the text and tables, the text shall govern.
Additional subdivision requirements are established in YMC Title 14.
B. Maximum Number of Dwelling Units Permitted Per Net Residential Acre. Maximum
number of dwelling units permitted per net residential acre is used to determine the
maximum number of dwelling units permitted within a single subdivision, short subdivision,
mobile home park, multifamily development, or planned residential development. This
standard is intended to:
1. Assure that residential densities in new subdivisions, multifamily developments, or
planned residential developments are compatible with the existing or planned level of
public services and the density of the zoning district;
2. Permit the clustering of dwelling units (when clustering occurs, open space shall be
provided in accordance with YMC 15.09.030); and
3. Permit a variety of residential dwelling types within a development.
The following formula shall be used to determine the maximum number of dwelling units
permitted for any particular subdivision, short subdivision, mobile home park, multifamily
development or planned residential development
THE MAXIMUM NUMBER OF UNITS PERMITTED ON A SITE = (the total site area in
acres) — (the area of streets, rights -of -way, and access easements, in acres) X (the
maximum number of dwelling units permitted per net residential acre).
43
Any fraction of dwelling units shall be rounded up to the next highest whole number. Once
•
approved under the provisions of this title, no subdivision, resubdivision, or short subdivision
shall be further modified or divided in a manner that will raise the density of the subdivision
beyond the maximum number of dwelling units permitted per net residential acre by Table 5-
2; provided, that development exceeding the maximum number of dwelling units per net
residential acre may be allowed in the R -1 and R -2 districts as a Class (3) use in
accordance with Table 4 -1. This higher- density development shall be allowed only on those
limited occasions when, after Class (3) review, the hearing examiner finds that the location
and site plan of the project is such that the higher density would be compatible with
neighboring land uses and the level of public services, and is consistent with the goals and
objectives in the Yakima urban area comprehensive plan.
The application of this provision shall not prohibit the subdivision of land already developed
with more dwelling units than would be permitted by this section when:
1. The lots created meet the lot size and lot width requirements established in Table 5 -2;
2. The existing structures meet the building area and setback requirements in Table 5 -1;
and
3. No new dwelling units are built.
C. Minimum Lot Size. Minimum lot size is the smallest lot size permitted in a particular zoning
district when land is subdivided, short platted, resubdivided, or, when lot lines are adjusted.
No lot shall be created that is smaller than the applicable minimum lot size standard
established in Table 5 -2.
1. In residential districts, this standard is intended to maintain the residential character of
the area and will vary by dwelling type, the suitability of the land for development, and
the type of water and sewer system. The following are the minimum lot size
requirements in the residential districts, except when the Yakima health district
determines that a larger area is necessary for the safe installation of approved water
supply and sewage disposal systems:
Situation Required Minimum Lot Size
In the floodplain, airport, and greenwayOne acre (provided the minimum lot size of the
overlay districts: underlying zoning district shall apply, when, in the
opinion of the reviewing official, the lot has a
buildable area outside the overlay district and a
plat restriction prohibits development on that
portion of the lot within the overlay district). _
Individual water system and individual sewer
system: One -half acre.
Public or community water system and an
individual sewer system: 14,500 square feet.
Individual water system and the regional or
an approved community sewer system: 9,600 square feet.
Public or community water system and the
regional or an approved community sewer
system: See Table 5 -2.
2. The smaller lot size forzero lot line, attached, and multifamily dwellings does not permit
an increase in the maximum number of dwelling units per net residential acre
established in subsection B of this section. Any lots created for zero lot line, attached, 40
and multifamily dwellings shall be so designated on the face of the plat or short plat.
44
3. In the local business district, the minimum lot size is intended to maintain the character
• of the district and provide adequate space for off- street parking and landscaping.
4. The minimum lot sizes in the small and large convenience center districts and industrial
districts are intended to accommodate the large uses permitted in these districts and
maintain vacant land in relatively large parcels that can be easily assembled when
development is proposed.
D. Standard Lot Width. Standard lot width is the minimum lot width generally permitted in a
particular zoning district. The intent of this standard is to prevent irregularly shaped lots
along, and to control access to, rights -of -way.
E. Concurrent Subdivision and Zoning Review Required. Any application for a long
subdivision which proposes a use or configuration of and or improvements requiring Class
(2) or (3) review under this title shall; at or prior to the filing of such application, also file an
application for such review under this title. Such application shall be heard by the hearing
examiner concurrently with the subdivision application using the procedures for Class (3)
review.
Table 5 -1 Design Requirements and Standards
TABLE 5 -1 DESIGN REQUIREMENTS AND STANDARDS
SITE DESIGN REQUIREMENTS ZONING DISTRICTS
AND STANDARDS SR R1 R2 R3 HB B1 B2 SCC LCC CBD GC AS RD M1 M2
DEVELOPMENT ON EXISTING See Sections 15.05.020 and 15.19.040
LOTS OR PARCELS
LOT COVERAGE' 60% 80% 85% 90% 100%
• Arterials 2 60 40
Collector
Arterials 2 50
FRONT Local Access 2 45 30
Private Road 2 37.50
U Private Access
m Easement 3 10
u Arterials 2 50 40
Collector
Arterials 2 40
Local Access 2 30
Private Road 2 32.50
SIDE Private Access
o Easement3, 5 0
o! Alley, or 10
Property Line 7
Z Residential 20 30
District 4 5 or 1/2 building height whichever is greatest
Alley or Property
REAR s Line • 15 15 0
Residential 20 30
District 4 or 1/2 building height whichever is greatest
45
MAXIMUM BUILDING HEIGHT (in 35 50 35 50 N/A 50 N/A
feet)
STANDARD FENCE HEIGHT 6' See YMC 15.05.020(G)
STANDARD In Required Front Not Permitted
SCREEN Setbacks
HEIGHT Behind Required Front
Setbacks 15
NOTES:
1. Landscaping may be required pursuant to YMC Ch. 15.06.
2. The setback is measured from the centerline of rights -of -way (or access easement, in the
case of private roads). In the Residential districts, the minimum front yard setback shall be
20 feet from the front property line and the minimum side yard setbacks shall be 10 feet
from the side property line abutting the right -of -way.
3. The setback is measured from the edge of the access easement.
4. Measured from abutting residential district.
5. Additional setbacks may be required to conform to sitescreening requirements in YMC Ch.
15.07.
6. The rear setback from arterials, collectors, and local access streets shall be the same as the
front yard setback requirements from arterials, collectors, and local access streets, provided
the required rear setbacks shall not be less than the required setbacks from the property
line. (See also Note 3)
7. Zero lot line dwelling units are allowed a zero foot setback from one side property line not
abutting a right -of -way. (See YMC Ch. 15.09).
Table 5 -2 Subdivision Requirements
Table 5 -2 Subdivision Requirements
Subdivision Requirements Zoning Districts
SR R1 R2 R3 HB B1 B2 SCC LCC CBD GC AS RD M1 M2
Maximum Number Of Dwelling Units See YMC Ch. 15.04, Table 4 -1
Permitted Per Net Residential Acre
Detached S.F. Dwelling 6,000
co c c.i S.F. Dwelling, Zero Lot
o ° �; Line c4 5,000 4,000 6,000 Where Permitted
�= S.F. Dwelling, Common a�
0 4? . � a
a�a P0Wall
E -; o 0 Two - Family Dwelling 8,000 7,000 Z
v in >- Multifamily Dwellings Density May Not Exceed Maximum Number Of
And PD - Residential Dwelling Units Permitted Per Net Residential Acre
Permitted Nonresidential Uses 10,000 5,000 10,000 None i/s
Acre
Standard Lot ALL Except Common 50 None 60
Width (2) (in Wall Dwelling (Per Unit) 60 -
feet) Common Wall Dwelling 50 35 35 Where Permitted
(Per Unit)
NOTES:
46
• 1. In the Residential Districts, these minimums apply when lots are served by a public or
community water system and either the regional or approved community sewer system.
2. The lot width at the rear line of the required front yard shall not be Tess than 50 feet. (Note:
this provision only applies to those districts with a minimum lot width of 50 feet or larger.)
3. One acre shall be the minimum lot size in Residential Districts within the Floodplain and
Greenway Overlays.
4. See Special Development Standards for Zero Lot line Development, YMC 15.09.040.
5. Lots created for utility purposes may be created below the minimum lot size listed in YMC
Ch. 15.05, Table 5 -2, as long as the lot is designated as "nonbuildable lot for utility
purposes" on the face of the plat and the proposed lot is reviewed for compatibility. The lot
must still meet the minimum lot width established in YMC Ch. 15.05, Table 5 -2, and
structures built on the lot must still meet the setback requirements in YMC Ch. 15.05, Table
5 -1.
Section 7. Section 15.06.040 Figure 6 -1 of the City of Yakima Municipal Code is hereby
amended as follows:
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47
Section 8. Section 15.09.070 of the City of Yakima Municipal Code is hereby amended
to read as follows:
15.09.070 — Special Requirements for Animal Husbandry
A. Purpose. The purpose of this section is to assure that the raising of domesticated farm
animals within the urban area is compatible with adjoining residential uses and the intent
and character of the district they are located in.
B. Minimum Lot Size. The minimum lot size for animal husbandry within the Yakima urban
area is one -half acre. A lot at least one -half acre in size shall be deemed to meet this
requirement even though a portion of the lot may be used for a single - family dwelling.
C. Project Review. Animal husbandry operations, which would create noise and odors attract
insects or rodents or are otherwise incompatible with surrounding residential uses or the
intent of the zoning district, may be conditioned or denied by the reviewing official in
accordance with the provisions of this section and YMC 15.09.070.
D. Minimum Setback.
1. No portion of any structure used to house a domesticated farm animal shall be located
within one hundred (100) feet of any residence other than a dwelling on the same lot;
and
2. No portion of any structure used to house a domestic farm animal shall be located within
ten (10) feet of a residence where the residence and domestic farm animal structure are
located upon the same lot/tax parcel.
E. Maximum Number of Animals. The maximum number of animals that may be kept on the
site at any time of the year shall be the number of animals that can be sustained by the
pasture on which they are kept as their primary source of food, except during the winter
months. The burden of proving that the pasture can sustain the number of animals in
question shall be on the applicant.
F. Fencing. Fencing adequate to contain the animals shall be provided and maintained.
Section 9. Section 15.28.025 of the City of Yakima Municipal Code is hereby amended
to read as follows:
15.28.025 — Minimum Project Size
The minimum project size for a Master Planned Development shall be two (2) acres. All
properties included in the Master Development Plan shall be contiguous with logical outer
boundaries.
Section 10. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
Section 11. The findings within the October 19, 2011, Yakima Planning Commission's
Recommendation, regarding these proposed text amendments are hereby adopted by the
Yakima City Council as its findings in support thereof pursuant to YMC § 15.23.030 (F), and are
incorporated herin by this reference as if fully set forth herein.
PASSED BY THE CITY COUNCIL, signed and approved this 15 day of November,
2011.
Micah Cawley, Mayor
ATTEST:
City Clerk
Publication Date:
Effective Date:
48
•
City of Yakima Planning Division's Recommendation ty g ommendation Regarding Zoning
Amendments to the City's Urban Area Zoning Ordinance
TO: City of Yakima Planning Commission
FROM: Jeff Peters, Associate Planner
SUBJECT: City of Yakima 2011 Zoning Amendments
FOR MEETING OF: October 19, 2011
ISSUE:
Yakima Planning Commission (YPC) consideration and public hearing of amendments to
the City of Yakima's Urban Area Zoning Ordinance sections: 15.02.020 Definitions,
15.03.020 Zoning Districts, 15.04.030 Table of Permitted Land Uses(Table 4 -1),
15.04.060 Accessory Uses, 15.05.020 Site Design Requirements and Standards,
15.05.030 Creation of New Lots — Subdivision Requirements, 15.09.070 Special
Requirements for Animal Husbandry, and 15.06.040 Off - Street Parking Standards.
STAFF RECOMMENDATION:
The City of Yakima Planning Division recommends that the YPC hold the required public
hearing, take public input, revise the draft amendments as necessary, and forward the
Planning Commission's recommendation to the Yakima City Council for further
• consideration.
HISTORY OF 2011 AMENDMENTS:
On February 23, 2011, the YPC approved its work program for the year 2011. On March
2, 2011, the Yakima City Council Economic Development Committee reviewed and
accepted the YPC's 2011 work program which included study and modification to the
following sections of the City's Urban Area Zoning Ordinance (UAZO):
I. Review of the permitted land use classifications in Table 4 -1 for the purpose of
combining and eliminating permitted land use categories.
II. Review of Table 4 -1 to determine the appropriate level of review for various land use
categories.
III. Expansion of the Parking Exempt Area (YMC 15.06.040, Figure 6 -1).
IV. Review of the Maximum Lot Coverage, Rear -yard Setback, and Lot Size standards
of the SR, R -1 and R -2 zoning districts.
The above items were considered by the YPC during multiple study sessions dating from
March 2, 2011, to present.
•
Page 1 1
PURPOSE AND DESCRIPTION OF PROPOSED AMENDMENTS:
The proposed amendments for 2011 can be broken down into five categories:
Simplification of Table 4 -1, Permitted Land Uses, Reduction of Development
Requirements (Tables 5 -1 and 5 -2), Expansion of the Parking Exempt Area (Figure 6 -1),
Urban Chickens and other pets, and Accessory Structure standards.
1. Simplification •of_Table 4 -1 Permitted Land Uses:
Description of Proposed Amendment:
a. Commercial uses within Table 4 -1 Permitted Land Uses are proposed to be
significantly modified to condense like retail sales uses into two separate land
use categories: (General Retail Sales 10,000 sq. ft. or less, and General Retail
Sales 10,000 sq. ft. or more (not otherwise regulated).
b. All office land uses within Table 4 -1 are proposed to be combined into one
"Offices and Clinics" land use listing.
c. All restaurant, cafe, drive in eating facility, and delicatessen land uses within
Table 4 -1 are proposed to be combined into the "Restaurant" land use listing;
d. The level of review for all combined land uses have been reviewed to modified to
provide consistent regulation; and
e. The "Police, Fire Stations, Ambulance Service" land use category is proposed to
be removed and replaced with the "Public Facility" land use category as it allows
a broader array of public services.
Purpose of Amendment:
The purpose of combining various land uses as described in the previous section
(Table 4 -1) is to reduce the number of land uses that have identical or similar
definitions, functions, services, development requirements, and /or operational
characteristics. It is envisioned that the effects of these proposed changes will
provide the public and development community a simplified land use code that may
provide increased opportunity for economic development within the City of Yakima's
commercial and industrial zoning districts.
2. Reduction of Development Requirements (Tables 5 -1 and 5 -2):
Description of Proposed Amendments:
a. The minimum lot size for detached single - family dwellings in the SR, R -1, and R-
2 zoning districts is proposed to be reduced from 7,000 sq. ft. to 6,000 sq. ft.
b. The minimum lot size for detached single - family dwellings, zero lot line, common
wall, and two- family dwellings in the commercial zoning districts is proposed to
be reduced from 7,000 sq. ft. to 6,000 sq. ft.
c. The maximum lot coverage standards for the Suburban Residential (SR), Single -
Family Residential (R -1), and Two - Family Residential (R -2) zoning districts are
proposed to be changed from 45 and 50% lot coverages to 60% lot coverage.
d. The rear -yard setback for the SR and R -1 zoning districts is proposed to be
reduced from 20 to 15 feet.
Purpose of Amendment:
•
Page 12
• The ur ose of reducing the minimum lot size, lot covers and rear-yard setback
P P 9 coverage, Y
standards for single - family homes in the SR, R -1, R -2, and commercial zoning
districts is to:
1. Provide increased residential density and flexibility in accordance with the
goals and policies of the Washington State Growth Management Act; and
2. Provide a wider array of affordable housing choices which better
accommodate the needs of the citizens of the City of Yakima.
3. Expansion of the Parking Exempt Area (Figure 6 -1):
Description of Proposed Amendment:
The parking exempt area for the downtown area is proposed to be expanded as
depicted in the figure below:
lie .. •
Tr.WwK f
F
.- X b
, , • 0 ,,,, .
, _ _.. •
,,t,z,„,„ ■Lil ... enr.1*
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L y
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t +- - intYWaT . °
ev e x:... ..;.. w.:� _ 2r__ =::.-_::::: = Parking Exempt Boundary
Purpose of Amendment:
The downtown parking exempt area indicates where businesses are not required to
provide for their own off- street parking. As of yet, this area does not cover the
entirety of the Central Business District (CBD) and this situation has been
problematic for some of the CBD's property owners whose properties are located
III outside of the exempt area.
Page 1 3
•
Several property owners who own businesses with minimal parking have requested
that this area be expanded to include their properties. Therefore, the purpose of this
proposal is to expand the parking exempt area to relieve surrounding parking
constrained businesses from the burden of providing off- street parking. As proposed
this amendment includes the entirety of the CBD, as well as portions of the
contiguous General Commercial zoning district located along the western edges of
the CBD.
This amendment was reviewed by the CDY's (Committee for Down Town Yakima)
Parking Commission and the new district area was endorsed by CDY.
4. Urban Chickens and other pets:
Description of Proposed Amendment:
The provisions of the City's UAZO that deal with pets and animal husbandry are
proposed to be modified to allow a limited number of chickens and other small farm
animals as pets. Additionally, appropriate regulations for the safe and sanitary
keeping of the animals in an urban setting have also been proposed.
Purpose of Amendment:
The purpose of revising the definition and regulations which deal with pets and
animal husbandry is to: 1) Allow chickens and other small farm animals to be raised
as pets, 2) create new regulations for the sanitary keeping of farm animals in the R -1
single - family zoning district, and 3) foster sustainability by allowing limited production
of animal based commodities that support a single - family or residence.
5. Accessory Structure standards:
Description of Proposed Amendment:
This amendment is intended to modify the setbacks for residential accessory
structures to maintain a clear fire separation between buildings, property lines, and to
prevent the transmission of fire.
Purpose of Amendment:
The setbacks for a "Residential Accessory Structure Not Requiring a Building Permit"
are proposed to be modified from zero feet from property lines and structures to five
feet from all side and rear property lines and existing structures.
ANALYSIS OF PROPOSED AMENDMENTS:
1. Simplification of Table 4 -1 Permitted Land Uses:
In developing the proposed amendments to Table 4 -1 Permitted Land Uses, the City
of Yakima Planning Division performed a limited definitional analysis of all the
proposed uses within the Retail Trade and Service land use category. The analysis
consisted of comparing the definitions, functions, services, development
requirements, and /or operational characteristics of the various land uses to
•
Page 4
• determine which land uses could be combined. The results indicated that the
following land uses could be combined as indicated in the table below:
- General Retail Sales
Addressing, mailing, and stenographic Specialty food stores
services
Antique stores Toy and hobby stores
Artist's supplies Jewelry, watches, silverware sales and
repair
Bakeries Music stores /instrument sales and repair
Books, stationary and office supplies Second hand stores
Camera and photographic supplies Paint, glass and wallpaper stores
Clothing, shoes, and accessories Pet, stores and supplies /grooming
Shoe repair Printing, photo copy service
Computer and electronic stores Sporting goods and bicycle shops
Collectables (cards, coins, comics, stamps, Video sales /rental
ect.)
Department stores Gift shops
Drug stores and pharmacies Discount, variety, specialty shops
Fabric and sewing supplies Small appliances, TVs, business
machines, etc sales
Offices and Clinics
Call Center Contractor Building and Trade (Plumbing,
Heating, Electrical, Painting)
Government Professional (Architects, Attorneys,
Engineers, Surveyors)
Medical and Dental Laboratory, Offices Service Agencies (Advertising,
and Clinic Employment, Insurance, Real Estate, etc)
Restaurant
Restaurant, Cafe and Drive -in Eating Espresso / Coffee Stand ( *)
Facilities ( *)
Espresso / Coffee Drive -Thru ( *) Delicatessen ( *) •
Upon completion of the analysis, the Planning Division reviewed the level of review
of the land uses to determine if differences or difficulties occurred as a result. The
results identified that while the office and restaurant land use categories would be
mainly unaffected the General Retail Sales category would need to be further divided
based upon building size. The two land use categories which prompted the further
division are Department, Discount, Variety (25,000 sq. ft. more and less), and
Grocery Stores (larger than 6,000 sq. ft.). To resolve these issues the Planning
Division examined the sizes of known commercial buildings along the corridors of
Nob Hill Blvd., Yakima Ave., Tieton Drive, and Lincoln Ave to determine if a clear
distinction could be made based upon building size and the application of the Type
(2) Review process. In addition, the land use files for existing commercial centers
were examined to determine if there was any negative correlation or public
comments based upon new commercial land uses locating within existing
• commercial centers. The results indicated that along the four main commercial
Page 15
corridors the buildings generally fell into two categories greater than 10,000 square
feet and Tess than 10,000 square feet. Also, after reviewing many of the Type (2)
land use applications to locate commercial buildings and businesses in existing
commercial centers, it was found that there were very few neighborhood comments.
Consequently, it could be deducted that the public in general are not concerned with
the movement of commercial businesses between existing commercial centers; but
rather, are concerned with the construction, size and scale of new commercial
centers abutting existing residential areas.
1. Reduction of Development Requirements (Table 5 -1 and 5 -2):
The proposal to reduce the minimum lot size, lot coverage, and rear -yard setback
standards for the SR, R -1, and R -2 zoning districts was made by Bill Hordan (a local
planning consultant) on February 23, 2011, on behalf of the Central Washington
Home Builders Association and greater development community. The development
community identified that as currently written the City of Yakima's Urban Area Zoning
Ordinance residential zoning districts only allow residential densities of up to six
dwelling units per residential acre for single - family and commercial zoned lots. It
was further identified that if a twenty percent reduction in land area was applied to
account for public streets and the UAZO net acreage calculation was used to
determine the density of an average subdivision, the result would be a loss of one
dwelling unit per net residential acre.
The reasons that five dwelling units per acre becomes a problem for Yakima's
development community are that:
1) The City of Yakima's Comprehensive Plan and UAZO inconsistently state that in
the R -1 zoning district up to seven dwelling units are allowed.
2) A subdivision density of six or seven cannot be attained without going through
special development process such as a planned development or variance.
3) The development community over the last ten years has had request for
developments with a wider array of housing types such as common wall, zero lot
line, and single - family homes on smaller lots with less yard.
4) The Growth Management Act encourages denser sustainable developments that
more effectively support public services.
In response to the requested amendments the Planning Division (as directed by the
Planning Commission) researched the effects of reducing the minimum lot size. The
specific areas researched were:
1) How a reduction in lot size would affect the ability of a subject property to retain
its stormwater onsite (as required by the Eastern Washington Stormwater
Manual).
2) The ability of a 6,000 sq. ft. lot to accommodate an average house size of 1,600
sq. ft. with an 864 sq. ft. garage.
The research indicated that: 1) a minimum 6,000 sq. ft. lot could support 2,464 sq. ft.
of construction provided the lot coverage standard was reduced to 60% and rear -
yard setback was reduced to 15 feet, 2) a 6,000 sq. ft. lot with a lot coverage of 60%
can appropriately maintain all stormwater onsite, and 3) the reduction of the
Page J 6
minimum lot size will provide increased subdivision densities of six dwelling units per
net residential acre.
3. Expansion of the Parking Exempt Area (Figure 6 -1):
The proposal to expand the parking exempt area came to the Planning Division and
Planning Commission as a request from existing businesses located just outside the
parking exempt area, with constrained parking. The existing businesses requested
that the exempt area be increased to include their businesses; thereby, relieving the
burden to provide oft street parking.
The Planning Division explored several options and rational for increasing the
parking exempt area; however, none of the explored options adequately addressed
the arbitrariness of where the boundaries could be drawn. Due to the fact that the
parking exempt area was established to serve the needs of Central Business zoning
district, and greater downtown area, it was decided that the Parking Commission of
the Committee for Downtown Yakima (CDY) should be the deciding body to
determine the boundaries of new proposed parking exempt area.
The proposal was presented to the Parking Commission of the Committee for
Downtown Yakima on August 11, 2011. The result of their unanimous
recommendation was that the parking exempt area should be expanded to include
the entirety of the CBD, as well as portions of the contiguous, General Commercial
zoning district located along the western edges of the CBD. CDY endorsed the new
• district area following review of the Parking Commission's recommendation.
4. Urban Chickens and other pets:
The proposal to allow chickens /hens, roosters, and selected other farm animals in
the Single - Family Residential zoning district, on less than half an acre, came from a
citizen to the Yakima City Council on April 19, 2011. As a result of the citizen's
request, the City Council directed that the Planning Division and YPC research the
issue of allowing chickens and other small farm animals in the city limits on
residential lots.
The Planning Division started its review of this matter by examining various cities
animal control, farming, and ordinances which dealt with the keeping of chickens and
farm animals throughout the United States. It was discovered that cities throughout
the United States were either in the process of amending their ordinances and
municipal codes to allow limited amounts of farm animals to promote sustainability,
or they had already completed the process. In addition, it was also discovered that:
1. No one city had the same or similar rules in regard to:
a. The number of animals allowed;
b. The amount of acreage required for the animals; and
c. Rules for the sanitary keeping of the animals.
2. The majority of the municipalities studied did not allow roosters within city limits.
Due to the variability in city standards throughout the country, the Planning Division
consulted the Agriculture studies departments of several universities, and the Center
Page j 7
for Disease Control to find any informational regarding appropriate standards for •
9 9
Urban Poultry. The below studies and reference material are the result of that
search.
a) Residential Urban Chicken Keeping An Examination of 25 Cities, KT LaBadie,
University of New Mexico, May 7 2008.
b) City of Ferndale City Council Staff Report, Dennis Rohodes, Community
Development Director City of Ferndale, July 6, 2009.
c) Health risks associated with razing chickens, CDC web site doc.
d) Email from Lyndon Babcoe regarding avian and human health issues, and list of
websites, Lyndon Badcoe, Avian Health Veterinarian and Epidemiologist,
Washington State Department of Agriculture, May 17, 2011.
e) Razing Chickens in Urban Environments, James C. Hermes, Extension Poultry
Specialist, Department of Animal Sciences, Oregon State University, May, 2011.
Following review of the reference material and studies, several key concepts and
range of acceptable standards and practices emerged which are:
1. An appropriate amount of chickens to permit on an urban lot should be
between 3 to 6 chickens.
2. Chickens should be enclosed and not allowed to run at large.
3. Distance requirements from structures (5 -50 ft.) and property lines (5 -90 ft.)
are appropriate.
4. The prohibition of roosters is justifiable as they are not required for egg 40
production.
5. The risk of infectious disease such as avian flu is minimal, and although
generally there is a higher risk of salmonella poising with the keeping of
poultry it can be prevented though normal sanitary practices (washing of
hands).
6. Nuisance ordinances should be updated to deal with both noise complaints
and unsanitary conditions /waste disposal.
The City of Yakima Planning Division then prepared and presented the reference
material, staff report, and draft ordinance language to the YPC which highlighted the
range of acceptable standards and practices for their review. The YPC's .
recommendation is that:
1. An appropriate number of chickens and other small farm animals to permit on
an urban lot as a pet should be four (4) or fewer hen chickens (no roosters) or
rabbits.
2. The animals presence does not create undue noise or odors such as would
create a nuisance or diminish the residential nature of the neighborhood;
3. Such animals are properly fed, watered and kept in a humane manner;
4. Any chicken coops, chicken tractors, or rabbit hutches shall be setback ten
(10) or more feet from any residence or property line, and five (5) feet from
other structures including decks;
5. Hen houses, coops, hutches, and chicken tractors shall be restricted to the
backyard area of a residential lot; and
•
Page 18
6. For chickens and rabbits,, adequate fencing shall be installed to contain the
animals within the back yard.
5. Accessory Structure standards:
At present, the UAZO allows the construction of accessory structures 120 sq. ft. or
less without permits, but does not specify where these structures may be located in
relation to existing buildings. The Residential Building Codes provides that there is a
required five foot separation between buildings, property lines, and their related
accessory structures. The setback is intended to provide a level of fire protection
from structure to structure to prevent the transmission of fire. Currently, the way in
which the UAZO and International Residential Building Code are written and interact
permit the construction of a 120 sq. ft. accessory structure against, but not attached
to an existing structure, and up to a property line. This closeness or connection of
building's can cause fire to transmit or spread to adjoining lots or development.
If the proposed zoning amendments are approved they will have the following
effects:
1) 120 sq. ft. structures will still be allowed; however, they will be required to
be located at least five feet from existing structures and property lines.
2) The amendment will require a five foot setback distance from buildings
and property lines to prevent the transmission of fire between structures.
3) The proposed amendment will prevent 120 sq. ft. accessory structures
from being used to add to the existing foot print of an existing building or
be used as an addition.
ENVIRONMENTAL REVIEW (SEPA)
On September 09, 20.11, the City of Yakima issued a Notice of Application,
Determination of Non - Significance, and Public Hearing.
Following the required 20 -day public comment period where all interested parties and
agencies had the right to comment, and no public comments were received. The City of
Yakima retained its DNS on September 29, 2011. The 14 -day appeal period for this
environmental determination lapsed on October 13, 2011, with no appeals filed.
PUBLIC NOTICE Date Accomplished
Zoning Ordinance Text Amendments
Notice of Application September 09, 2011
Legal Ad Publication September 10, 2011
Notice of Public Hearing September 09, 2011
CONCLUSIONS
1. The text amendments are mainly minor in nature.
•
Page 19
Aik
2. No adverse impacts have been identified by the approval of these amendment
requests.
3. The requested text amendments to the City of Yakima's Urban Area Zoning
Ordinance are supported by the City's Yakima Urban Area Comprehensive Plan
2025.
4. The amendments to Table 4 -1, Permitted Land Uses are expected to provide the
public and development community a simplified land use code that may provide
increased opportunity for economic development within the City of Yakima's
commercial and industrial zoning districts.
5. The amendments to Table 5 -1 and 5 -2 are envisioned to provide:
a. Increased residential density and flexibility in accordance with the goals
and policies of the Washington State Growth Management Act; and
b. Provide a wider array of affordable housing choices which better
accommodate the needs of the citizens of the City of Yakima.
6. The expansion of the Parking Exempt Area, Figure 6 -1 will relieve certain
businesses in the downtown area from having to provide off - street parking, while
increasing the viability of the existing buildings.
7. The proposed amendments for "Accessory Structures 120 sq. ft. or less" will
alleviate a loophole between the City of Yakima's UAZO and International
Residential Building Code correcting a potential fire safety issue.
8. The revisions to the regulations and definitions of pets and Animal Husbandry
are envisioned to foster sustainability by allowing limited production of animal
based commodities that support a single - family or residence.
RECOMMENDATIONS
The Department of Community and Economic Development recommends APPROVAL
of these text amendment requests.
SUGGESTED MOTIONS:
Approval:
Based on the testimony and evidence presented during this evening's public hearing, I
move that the Planning Commission adopt the findings of fact and order, that the draft
ordinance dated October 19, 2011, be forwarded to the Yakima City Council with a
recommendation for approval.
Approval with modifications:
Based on the testimony and evidence presented during this evening's public hearing, I
move that the City of Yakima Planning staff modify the findings of fact and draft
Page I 10
ordinance dated October 19, 2011, to include the changes noted in the minutes of this
evenings public hearing, and with these changes move that the Planning Commission
approve the modified findings and ordinance, and order, that the modified draft
ordinance be forwarded to the Yakima City Council with a recommendation for
approval.
Denial:
Based on the testimony and evidence presented during this evening's public hearing, I
move that the Planning Commission reject the findings of fact and order, that the
findings be modified to include the following reasons for denial and order that the draft
ordinance dated October 19, 2011, be forwarded to the Yakima City Council with a
recommendation for denial.
•
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Page I 11
ATTACHMENT "A"
DRAFT ORDINANCE NO. 2011 -
AN ORDINANCE relating to the regulation of land use and development in the City
of Yakima and amending the following sections of Title 15 of the
City of Yakima Municipal Code: 15.02.020, 15.03.020, 15.03.030,
15.04.030, 15.04.060, 15.05.020, 15.05.030, 15.06.040,
15.09.070, and 15.28.025.
WHEREAS, the Planning Commission of the City of Yakima has considered certain
amendments to Title 15 of the Yakima Municipal Code pertaining to regulation of land use and
development in the City of Yakima; and
WHEREAS, the Planning Commission has held an open record public hearing on
October 19, 2011, pursuant to notice, and has received and considered all evidence and
testimony presented; and
WHEREAS, the Planning Commission, having conducted such public hearing, found,
determined and recommended that the City Council approve such amendments; and
WHEREAS, the City Council has held a closed record hearing on November 15, 2011,
pursuant to notice, to consider such amendments as recommended by the Planning
Commission; and
•
WHEREAS, the City Council of the City of Yakima, having considered the record herein
and the recommendation from the Planning Commission, hereby finds and determines that
approval of such amendments is in the best interests of residents of the City of Yakima and will
promote the general health, safety and welfare; therefore
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 15.02.020 of the City of Yakima Municipal Code is hereby amended
to read as follows:
15.02.020 — Definitions
For the purpose of this title, certain abbreviations, terms, phrases, words and their derivatives
shall be construed as specified herein unless the context requires a different meaning. Where
terms are not defined, they shall have the ordinary accepted meaning within the context with
which they are used. Where an activity or land use could fall under two definitions, the more
specific shall apply. The Webster's Ninth New Collegiate Dictionary, with the assistance of the
American Planning Association's Planner Dictionary and Black's Law Dictionary, shall be the
source for ordinary accepted meaning and for the definition of words not defined below. Specific
examples are included as illustrations, but are not intended to restrict a more general definition.
"Access driveway" means an entrance roadway from a street or alley to a parking facility.
•
1
"Access easement" means any private easement for the purpose of ingress and egress that
is not dedicated to the public and that is owned by the underlying owners of land over which it
crosses.
"Accessory dwelling unit (ADU)" means a structure meeting the purpose and requirements of
YMC 15.09.045 which is attached to a single - family home, or detached garage with living
facilities for one individual or family separate from the primary single - family.
"Accessory use" means a use that is subordinate and incidental to a principal use.
"Administrative official" means the duly appointed Yakima County planning official or the city
of Yakima director of community and economic development, whichever is appropriate, or their
designee.
Adult Day Care Center. See "day care facility."
"Adult Family Home" means a regular family abode, licensed by the state, in which a person
or persons provide personal care, special care, room, and board to more than one but not more
than six adults who are not related by blood or marriage to the person or persons providing the
services (RCW 70.128.175)
"Agriculture" means the tilling of soil, raising of crops and horticulture. (See Table 4 -1, YMC
15.04.030.)
"Agricultural building" means a structure designed and constructed to store farm implements
or hay, grain, poultry, livestock, fruit and other agricultural products. Controlled atmosphere and
• cold storage warehouses are not agricultural buildings. An agricultural building shall not be used
for human habitation; for processing, treating or packaging agricultural products; nor shall it be a
place used by the public.
"Agricultural ,market" means a use primarily engaged in the retail sale of fresh agricultural
products, grown either on or off site. An agricultural market may include, as incidental and
accessory to the principal use, the sale of factory- sealed or prepackaged food products such as
for human habitation; for processing, treating or packaging agricultural products; nor, shall it be
a place used by the public.
boxesBoxes of apples or other fruit and some limited nonfood items, and these products shall
consist of no more than forty percent of the gross floor area. This definition does not include the
sale of livestock.
"Agricultural Product Support" means a business that provides a product or service intended
for use in the processing, storage, preservation, or distribution of agricultural commodities. This
definition does not include agricultural processing, storage, preservation, distribution, and
related uses.
"Agricultural Related Industry" means specifically:
1. "Packaging plants" may include, but are not limited to, the following activities: washing,
sorting, crating and other functional operations such as drying, field crushing, or other
preparation in which the chemical and physical composition of the agricultural product remains .
essentially unaltered. This definition does not include processing activities, slaughterhouses,
animal reduction yards, or tallow works;
2
2. "Processing plants" may include, but are not limited to, those activities which involve the
fermentation or other substantial chemical and physical alteration of the agricultural product.
This definition does not include slaughterhouses or rendering plants; and
3. "Storage facilities" include those activities that involve the warehousing of processed
and /or packaged agricultural products.
"Agricultural stand" means a structure up to one thousand square feet in area used for the
retail sale of agricultural products grown on the premises, excluding livestock raised on the
premises.
"Airport commercial" means the retail sale of aviation - related products and services including
aircraft service and rental, air passenger services, and air terminal activities including passenger
ticketing, baggage, taxi service, car rental, restaurants, hotels, and gift shops.
"Airport industrial" means research, design, fabrication, and assembly of aircraft, aircraft
parts, and aviation - related products located at the Yakima Air Terminal. This use also includes
storage and wholesale trade of aviation - related products and air cargo operations and
associated storage and processing.
"Airport operations" means activities, uses, structures and facilities that are located on and
necessary to the operation of the Yakima Air Terminal. These activities and facilities include
runways, taxiways, parking ramps and aprons, navigation and radar /radio communication
facilities and equipment, safety and emergency facilities, and storage and maintenance
facilities.
"Alley" means a public thoroughfare or way twenty feet or Tess in width which has been •
dedicated to the city of Yakima or Yakima County for public use. Alleys provide only a
secondary means of access to abutting property.
"Amendment" means a change in the wording, content, or substance of this title, or change in
the district boundaries on the official zoning map.
"Amusement park" means a permanent indoor and /or outdoor facility, . which may include
structures and buildings, where there are various devices for entertainment, including rides,
booths for the conduct of games or the sale of items, and buildings for shows and
entertainment.
"Animal clinic /hospital" means a structure used for veterinary care of sick or injured animals.
The boarding of animals is limited to short-term care and is accessory to the principal use. This
definition does not include kennels.
"Animal husbandry" means the raising of domesticated farm animals when, in the case of
dairy cows, beef cattle, horses, ponies, mules, llamas, goats and sheep, their primary source of
food, other than during the winter months, is from grazing in the pasture where they are kept.
"Appeal" means a request for review of an administrative official's or hearing examiner's
decision, determination, order or official interpretation of any provision of-this title.
"Applicant" means a person submitting an application for any permit or approval required by
this title and who is the owner of the subject property or the authorized agent of the owner.
3
"Application for development" means the application form and all accompanying documents
• and exhibits required by this title or the administrative official.
"Arterial" means a principal or minor arterial, as shown in the Yakima urban area
transportation plan adopted in the Yakima urban area comprehensive plan.
"Attached" means, in the case of dwellings, two or more dwellings connected by a common
vertical wall(s) or roofline, or, in the case of multistory buildings, by a common ceiling /floor(s).
"Auction house" means a structure or enclosure where goods and /or livestock are sold by
auction.
Automobile Service Station. See "service station."
"Automobile, truck, manufactured home and /or travel trailer sales" means a place used for the
display, sale or rental of new or used automobiles, trucks, manufactured and mobile homes,
travel trailers, and campers.
"Automotive wrecking or dismantling yard" means a place used for the storage and /or sale of
used automotive parts and for the storage, dismantling, sorting, cleaning, crushing or baling of
wrecked automobiles, trucks, trailers, or machinery.
"Bed and breakfast" means a residential structure providing individuals with lodging and
meals for not more than thirty days. For home occupations, such uses are limited to having not
more than five lodging units or guest rooms.
• "Beverage industries" means the production, processing, and/or acka in of milk, soft
p 9 g ,
drinks, beer, wine, fruit juices and other drinks.
Bingo Parlor. See "game room."
"Boardinghouse" means an establishment providing both lodging and meals for not more than
ten persons residing in the facility on a permanent or semipermanent basis.
"Brokerage offices, transportation" m ns establishments primarily engaged in furnishing
Building. See "structure."
"Building area" means the three - dimensional space within which a structure is permitted to be
built on a lot and which is defined by maximum height regulations, yard setbacks and building
coverage.
"Building code" means the building code and related codes as amended and adopted by
Yakima County /city of Yakima.
"Building height" is the vertical distance above a reference datum measured to the highest
point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of
the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of
410 the following, whichever yields a greater height of building:
4
•
1. The elevation of the highest adjoining sidewalk or finished ground surface within a five -
foot horizontal distance of the exterior wall of the building when such sidewalk or finished
ground surface is not more than ten feet above lowest finished grade;
2. An elevation ten feet higher than the lowest finished grade when the highest sidewalk or
finished ground surface described in subsection 1 of this definition is more than ten feet above
lowest finished grade. (See Figure 2 -1.)
The height of a stepped or terraced building is the maximum height of any segment of the
building.
I � �
g' B
am 1
LL — 1 Ihu
I let emuct of adding Hciglti i.0 Fr IT
TM
"Building official" means that person or persons designated by the legislative body to enforce
the provisions of the building code and administer the assigned provisions of this title.
•
"Business school" means a commercial or public school providing instruction solely in
professional skills such as: business management, accounting, secretarial skills, sales,
marketing and merchandising.
"Butcher shop" means a custom retail meat cutting operation. This definition does not include
slaughtering, but does include other accessory uses such as frozen food lockers.
"Campground" means a development providing facilities for outdoor recreational activities,
including structural improvements such as covered cooking areas, group facilities, and travel
trailer or tent sites designed for temporary occupancy. This definition includes camping clubs
when developed in accordance with applicable state standards.
•
"Car wash" means a business engaged in washing, waxing and /or polishing cars and small
trucks. This definition includes self - service car washes, automated car washes, manned car
washes and auto detailing.
Card Room. See "game room."
"Caretaker dwelling" means a single - family dwelling unit accessory to an agricultural,
professional, commercial, or industrial use for occupancy by the owner /caretaker.
"Center line of right -of -way" means the mid -point between the future alignment of the
opposite edges of the right -of -way.
5
"Certificate of zoning review" means that certificate issued by the appropriate administrative
official stating that the proposed use of the structure or land conforms to the provisions of this
title.
"Change of use" means a change from one use listed in Table 4 -1, Table of Permitted Land
Uses, to another use listed in that table.
"Chicken tractor" means a movable chicken coop lacking a floor, and may house other kinds
of poultry.
"Church" means a structure, or group of structures, which by design and construction are
primarily used for organized religious services and instruction.
"City" means the city of Yakima.
"Class (1) uses" are those uses set forth and defined in the text and tables of YMC Chapter
15.04 and are considered compatible and are permitted on any site in the district. The
administrative official shall review Class (1) uses for compliance with the provisions and
standards of this title.
"Class (2) uses" are those uses set forth and defined in the text and tables of YMC Chapter
15.04 and are generally permitted throughout the district. However, site plan review by the
administrative official is required in order to ensure compatibility with the intent and character of
the district and the objectives of the Yakima urban area comprehensive plan.
® "Class (3) uses" are those uses set forth and defined in the text and tables of YMC Chapter
15.04 and are generally incompatible with adjacent and abutting property because of their size,
emissions, traffic generation, neighborhood character or for other reasons. However, they may
be compatible with other uses in the district if they are properly sited and designed. Class (3)
may be permitted by the Hearing Examiner when he determines, after holding a public hearing,
that the use complies with provisions and standards; and, that difficulties related to the
compatibility, the provisions of public services, and the Yakima Urban Area Comprehensive
Plan policies have been adequately resolved.
"Class (1), (2) or (3) use, approved" means any use or development approved upon
completion of Type (1), (2) or (3) review.
"Class (1), (2) or (3) use or development, existing" means a use or development legally
existing or legally established prior to the effective date of this title that has been or would be
classified under YMC Chapter 15.04 as a Class (1), (2) or (3) use in a particular district, even
though the use has not been through Type (1), (2) or (3) review, and may or may not conform to
the standards of this title. This definition includes any existing Class (1), (2), or (3) use with an
approved modification under YMC Ch. 15.17.
"Clean and sober facility" means a commercial business providing a dwelling or building for
occupation by rehabilitated alcohol and /or drug users, during their re -entry into the community.
The clean and sober facility provides residentially oriented facilities for the rehabilitation or
social adjustment of persons who may need supervision or assistance in becoming socially
reoriented, but who do not need institutional care. (Also see "halfway house. ")
® "Clinic" means a structure for the medical examination and treatment of human patients, but
without provision for keeping such patients overnight on the premises.
6
•
"Closed record appeal" means an administrative appeal, held under RCW 36.70B, that is on
the record to a county /city body or officer (including the legislative body) following an open
record hearing on a project permit application with no or limited new evidence or information
allowed to be submitted and only appeal arguments allowed.
"Coffee /espresso drive - through facility" is a place used to sell coffee and associated items •
from a drive -up window to a person driving a vehicle.
"Coffee /espresso stand" is a place used to sell coffee and associated items from a bar or
counter area commonly inside a building and /or structure.
"Commercial services" means technical services and specialized care services such as lawn
and garden care and delivery services, except as otherwise regulated.
"Communication tower" means any tower, pole, mast, whip, or antenna, or any combination
thereof, used for radio or television transmission or Tine -of -sight relay. This definition includes
towers erected for use in the amateur radio service.
"Communication tower height" means the vertical distance above the ground measured to the
highest point of the communication tower.
"Community center" means a facility owned and operated by a public agency or nonprofit
corporation, provided the principal use of the facility is for public assistance, community
improvement, or public assembly.
Community Water System. See "water system,
Y Y public. "
"Compatibility" means the characteristics of different uses or developments that permit them
to be located near each other in harmony with or without special mitigation measures.
"Comprehensive plan" means the Yakima urban area comprehensive plan and any
supplemental plans officially adopted under RCW Chapter 36.70, for the Yakima urban area or
any portion thereof.
"Concentrated animal feeding operation" means a structure or pens for the concentrated
feeding or holding of animals or poultry, including, but not limited to, horses, cattle, sheep or
swine. This definition includes dairy confinement areas, slaughterhouses, shipping terminal
holding pens, poultry and /or egg production facilities and fur farms, but does not include animal
husbandry.
"Condition(s) of approval" means restrictions or requirements imposed by an administrative
official pursuant to authority granted by this title.
Consulting Services. See "professional business."
"Convalescent or nursing home" means an establishment providing nursing, dietary and other
personal services to convalescents, invalids, or aged persons, but not mental cases or cases for
contagious or communicable diseases which are customarily treated in sanitariums and
hospitals.
7
"Converted dwelling" means a structure which, due to interior alterations, has been modified
to increase the number of individual dwelling units. This definition does not apply to multifamily
structures constructed under the provisions of this title.
"Cosmetic services" means tattooing, body piercing, and similar services.
"County" means Yakima County.
"Dangerous waste" means those solid wastes designated in WAC 173 - 303 -070 through 173-
303 -103 as dangerous or extremely hazardous waste.
"Day" means calendar day. (See YMC 15.20.110.)
"Day care center" means a day care facility that supplies care, attention, supervision and
oversight serving thirteen or more children regardless of whether such services are provided for
compensation, governed by Washington State DSHS licensing provisions for said day care use
and conducted; in accordance with State DSHS requirements.
"Day care facility" means a building or structure in which an agency, person or persons
regularly provide care for a group of nonrelated individuals (children or adults) for periods of Tess
than twenty -four hours a day. This includes family day care homes and day care centers.
"Day care home, family" means a family day care home located in a private home that
supplies care, attention, supervision, and oversight for one to twelve children, governed by
Washington State DSHS licensing provisions for said day care use and conducted in
• accordance with said State DSHS requirements.
"Delicatessen and other specialty food stores" means retail food stores selling ready -to -eat
food products such as cooked meats, prepared salads or other specialty food items. This
definition includes seafood, health food and other specialty food stores having seating for no
more than five persons.
"Department" means either the Yakima County planning division or the city of Yakima
department of community and economic development.
"Desktop publishing" means activity related to the use of computers in order to produce
documents for personal use or for other uses.
"Development" means "use" as defined by this title.
"Development permit ", means written authorization for development or modification of
development as defined in this title. When a building or other construction permit is required, the
building /construction permit shall serve as the other development permit. If no
building /construction permit is required, the certificate of zoning review shall serve as the
development permit. .
"Development, planned residential" means, in the residential districts, the coordinated
development of a single lot with a number of residential structures and /or dwelling types which
are designed to:
IP 1. Maintain the character of the residential neighborhood;
8
2. Provide compatibility between various types of dwelling units, off - street parking and
411
other uses within the site; and
3. Share such site amenities as off - street parking, access drives, open space and
recreational facilities.
This definition includes the clustering of residential units on a single lot. In the commercial
districts, "planned residential development" means a mixed -use development combining
multifamily residential and commercial use(s) into a single coordinated project.
"Divide" means any transaction or action, not otherwise exempt or provided for under the
provisions of this title, which alters or affects the shape, size or legal description of any part of
an owner's "land" as defined in this chapter. Sale of a condominium apartment and rental or
lease of a building, facility or structure which does not alter or affect the legal description of an
owner's "land" shall not constitute a division of land.
"Domestic farm animal" means animals domesticated by man to live in a tame condition. This
definition includes dairy cows, beef cattle, horses, ponies, mules, llamas, goats, sheep, rabbits,
poultry, and swine.
"Domestic farm animal — Pet" means four (4) or fewer hen chickens (no roosters) or rabbits
that are kept for pleasure or as a hobby rather then utility. Domestic farm animals that are
considered pets are regulated under the provisions of YMC 15.04.060 Accessory Uses (D) Pets,
and are not subject to the provisions of YMC 15.09.070 Animal Husbandry.
"Driveway" means the private traveled access to a property or through a parking lot for three
or more vehicles.
"Drugstore" means a store where the primary business is the filling of medical prescriptions
and the sale of drugs, medical devices and supplies, and nonprescription medicines, but where
nonmedical products are sold as well.
"Dwelling" means a structure or portion thereof designed exclusively for residential purposes.
"Dwelling, multiple - family" means a structure or structures, or portion thereof, designed for
occupancy by three or more families living independently of each other and containing three or
more attached dwelling units on a lot.
"Dwelling, single - family" means a structure designed to contain a single dwelling unit. Single -
family dwellings are further classified by their nature of construction as follows:
1. Site - built: Constructed primarily at the occupancy site and permanently affixed to the
ground by a foundation.
2. Modular home: See "modular home."
3. Manufactured home: See "manufactured home" and "mobile home."
"Dwelling, single - family attached" means two single - family dwellings that are attached, but
with each dwelling unit located entirely on its own lot. This definition does not include row
houses or other housing types with more than two attached single - family dwellings.
"Dwelling, single - family detached" means one dwelling unit located on one lot and not
attached to any other dwelling unit.
41
9
"Dwelling, two - family" means a structure designed exclusively for occupancy by two families
living independently of each other and containing two attached dwelling units on the same lot.
This definition includes the term "duplex."
"Dwelling unit" means one or more rooms in a dwelling for the occupancy of one family and
providing complete and independent living facilities, including permanent provisions for living,
sleeping, cooking, eating and sanitation. "Dwelling unit" does not include recreational vehicles or
mobile homes.
"Earthen material" means sand, gravel, rock, aggregate and /or soil.
"Environmental review" means the procedures and requirements established by the State
Environmental II P olicy Act, RCW Chapter 43.21 C, as it now exists or is hereafter amended.
"Existing uses" means a use or development legally existing or legally established by a
jurisdiction prior to the effective date of this title that has been or would be classified under YMC
Chapter 15.04 as a Class (1), (2), or (3) use in the appropriate zoning district.
"Family" means individuals, consisting of two or more persons related by blood, marriage or
adoption, or a group of not more than five persons, excluding servants, who are not related by
blood, adoption' or marriage, living together as a single housekeeping unit in a dwelling unit.
A. The term "family" shall include:
1. State - licensed adult family homes required to be recognized as residential uses pursuant
to RCW 70.128.175;
2. State - licensed foster family homes and group care facilities as defined in RCW
• 74.15.180, subject to the exclusions of subsection B of this definition; and
3. Group homes for the disabled and consensual living arrangements equivalent to a
familial setting required to be accommodated as residential uses pursuant to the Fair Housing
Act and the Washington Housing Policy Act, RCW 35.63.220 and RCW 35A.63.240,
respectively.
B. The term "family" shall exclude individuals residing in halfway houses, crisis residential
centers as defined in RCW 74.15.020(3) (g), group homes licensed for juvenile offenders, or
other facilities, whether or not licensed by the state, where individuals are incarcerated or
otherwise required to reside pursuant to court order under the supervision of paid staff and
personnel.
C. Calculation of Residents. When calculating the number of unrelated persons residing in
a single - family dwelling unit, the following rules shall apply:
1. When one or more unrelated persons reside with a family whose members are related by
genetics, adoption or marriage, the total number of residents shall not exceed five persons
except as provided in subsection (C)(2) of this definition.
2. A family unit consisting entirely of persons related by genetics, adoption or marriage may
rent a room to a total of two additional renters, or up to two students as a part of a recognized
foreign exchange program or similar educational, nonprofit program, or a combination of a
renter and such student to a total of two additional persons. The additional renters and /or
foreign exchange students, to a maximum of two, shall not be considered when calculating the
number of unrelated persons residing in a dwelling unit under subsection (C) (1) of this section.
Three or more renters and /or students shall be considered as unrelated individuals and all
persons residing in a dwelling unit, regardless of whether a portion of them are related by
genetics, adoption or marriage, shall be considered when determining the total unrelated
persons residing at a site.
10
3. Nothing herein shall be interpreted to limit normal hosting activities associated with
residential use.
"Fence" means a structure built to prevent escape or intrusion, or to provide privacy or
sitescreening.
•
"Finding" is a conclusion of fact reached by the administrative official in a review process and
based on the evidence available therein.
"Floodplain (one- hundred - year)" means the relatively flat area or lowlands adjoining the
channel of a river or stream subject to a one percent or greater chance of flooding in any given
year.
"Floodway" means the channel or waterway or those portions of the floodplain adjoining the
channel which are reasonably required to carry and discharge the floodwaters of the
watercourse without causing more than a one -foot rise in the water surface elevation of a one -
hundred -year flood.
"Food preparation" means a business, service or facility dealing with the preparation of food
items for off -site consumption. This definition includes confectioneries, catering services, and
preparation of food items for wholesale. -.
"Game room" means a commercial facility, or a portion thereof, open to the general public, in
which card games, pool, electronic games, bingo, etc., are played; provided, however, that this
definition shall exclude "social card room" as defined herein. (Also see "meeting hall. ")
"Garage, private" means a building or portion of a building designed to store motor vehicles
that are used by the occupants of the site's primary use.
"Garage, public" means a building or portion of a building used for equipping, repairing,
servicing, hiring, selling or storing motor - driven vehicles; but excluding private garages.
"General Retail Sales
1. 12,000 sq. ft. or less (not otherwise regulated) means the retail sales of merchandise in a
store type setting where the building /structures gross size is 12,000 square feet or less.
2. Greater than 12,000 sq. ft. (not otherwise regulated) means the retail sales of
merchandise in a store type setting where the building /structures gross size is greater
than 12,000 square feet."
Land uses permitted under the above two categories include, but are not limited to:
Addressing, mailing, and stenographic services Toy and hobby stores
Antique stores Jewelry, watches, silverware sales and repair
Artist's supplies Music stores /instrument sales and repair
Bakeries Second hand stores
Book Stores Paint, glass and wallpaper stores
Stationary and office supplies Pet stores and supplies /grooming
Camera and photographic supplies Printing, photo copy service
Clothing, shoes, and accessories Sporting goods and bicycle shops •
11
Computer and electronic stores Video sales /rental
Collectables (cards, coins, comics, stamps, Gift shops
ect.)
Department stores Discount store
Drug stores and pharmacies Variety store
Fabric and sewing supplies Specialty shops
Florist (indoor sales only) Small appliances
Specialty food stores TVs, business machines, etc sales
Land uses not meeting the intent of the General Retail Sales and Retail Trade definitions, as
determined byllthe Administrative Official, may be either referred to the Hearing Examiner for a
use interpretation under Chapter 15.22 or use classification under Chapter 15.04.040.
"Gift shop" means a business primarily engaged in the retail sale of combined lines of gifts
and novelty merchandise, souvenirs, greeting cards, balloons, holiday decorations, curios,
crafts, and miscellaneous small art goods.
"Glare" is the reflection of harsh, bright light.
"Grade" is the lowest point of elevation of the finished surface of the ground, paving, or
sidewalk within;Ithe area between the building and the property line or, when the property line is
more than five feet from the building between the building and a line five feet from the building.
• Gross Floor Area. See YMC 15.06.040.
"Group home" means a place for handicapped, physically or developmentally disabled adults,
or dependent or predelinquent children, providing special care in a homelike environment. This
definition includes homes of this nature for six or fewer persons, excluding house parents, which
are protected by state or federal law as residential uses.
Halfway House. A "halfway house" shall include residentially oriented facilities that provide:
1. State - licensed group care homes for juvenile delinquents;
2. Houses providing residence in lieu of instructional sentencing;
3. Houses providing residence to individuals needing correctional institutionalization; or
4. Detoxification centers licensed by the state where alcohol and drug abusers can be
placed in lieu of incarceration for detoxification and treatment from effects of alcohol and drugs.
(See "clean and sober facility. ")
"Hazardous materials" means any item listed as hazardous by a federal agency or State
Department of Ecology or the Yakima regional clean air authority. (See YMC 15.13.020(D).)
"Hazardous waste" means and includes all dangerous and extremely hazardous wastes as
defined in RCW 70.105.010.
•
"Hazardous waste facility, off - site" means hazardous waste treatment and storage facilities
that treat and store waste from generators on properties other than those on which the off -site
facilities are located.
12
"Hazardous waste facility, on- site" means hazardous waste treatment and storage facilities
which treat and store wastes generated on the same lot.
"Hazardous waste generator" means any person or site whose act or process produces
dangerous waste or whose act first causes dangerous waste to become subject to regulations
under the Dangerous Waste Regulations, WAC Chapter 173 -303.
"Hazardous waste storage" means the holding of dangerous waste for a temporary period.
Accumulation of dangerous waste by the generator at the generation site is not storage as long
as the generator complies with the applicable requirements of WAC 173 - 303 -200 and 173 -303-
201.
"Hazardous waste treatment" means the physical, chemical, or biological processing of
dangerous waste to make such waste nondangerous or Tess dangerous, safer for transport,
amenable for energy or material resource recovery, amenable for storage, or reduced in value.
"Hearing examiner" means that person appointed by the Yakima city council and board of
county commissioners.
"Home instruction" means the teaching of an art, hobby, skill, trade, profession or sport as a
home occupation, except when otherwise prohibited. (See YMC Chapter 15.04, Table 4 -2.)
"Home occupation" means the accessory use of a dwelling unit for gainful employment
involving the manufacture, provision or sale of goods and /or services in the home.
"Home occupation, business administration" means the accessory use of a dwelling as an
administrative office for an occupation conducted away from the home. The home is used for
phone calls, mail, and completing paperwork associated with a business. This definition does
not include manufacturing, sales, repair or other services.
"Homeowners' association" means a community association, other than a condominium
association, in which individual owners share ownership or maintenance responsibilities for
open space or facilities.
"Hospital" means an institution providing clinical, temporary, and emergency services of a
medical or surgical nature to human patients which is licensed by state law to provide facilities
and services for surgery, obstetrics, and general medical practice as distinguished from clinical
treatment of mental and nervous disorders.
"Hulk Hauler" means any person who deals in vehicles for the sole purpose of transporting
and /or selling them to a licensed motor vehicle wrecker or scrap processor in substantially the
same form in which they are obtained. A hulk hauler may not sell secondhand motor vehicle
parts to anyone other than a licensed vehicle wrecker or scrap processor, except for those parts
specifically enumerated in RCW 46.79.020(2), as now or hereafter amended, which may be sold
to a licensed vehicle wrecker or disposed of at a public facility for waste disposal. (RCW
46.79.010)
"Impervious surface" means any material reducing or preventing absorption of stormwater
into previously undeveloped land.
"Intensity" is the combination of factors (such as visual appearance and building size, traffic
generation, noise, dust and light and economic value) associated with a particular use that
13
• determines the potential impact of that use on neighboring land uses. The higher the intensity,
the greater the possible impact on neighboring land uses. Generally, the intensity of a land use
will determine its compatibility with other types of land uses.
"Irrigation and /or drainage facilities" means all irrigation and /or drainage structures, including,
but not limited to: standpipes, weir boxes, pipelines, ditches, pump houses, culverts, etc.
"Kennel" means .a building, enclosure or portion of any premises in or at which dogs, cats or
other domesticated animals are boarded or kept for hire; or in or at which dogs, cats or other
domesticated animals are kept or maintained by any person other than the owner; or in or at
which six or more cats or four or more dogs over the age of four months are kept or maintained.
This definition shall include boarding kennels, but not pet shops, animal hospitals or zoos.
"Landscaping" means the arrangement and planting of trees, grass, shrubs and flowers, and
the placement of fountains, patios, street furniture and ornamental concrete or stonework and
artificial turf.
"Land" means a lot or parcel.
"Land use" means the manner in which land and structures are used.
"Legislative body" means the board of Yakima County commissioners or the Yakima city
council, whichever is appropriate.
"Loading space" means an off - street space on the same lot with a structure or use, or
• contiguous to a group of structures or uses, for the temporary parking of a vehicle while loading
or unloading persons, merchandise, or materials, and which abuts a street, alley or other
appropriate means of access and egress.
"Lot" means a division of land:
1. Defined) by boundaries and shown on a final plat or short plat officially recorded in the
Yakima County auditor's office; or,
2. A legally recognized prior division or parcel under the provisions of Yakima County's
subdivision ordinance (YCC Title 14) or the city of Yakima's subdivision ordinance (YMC
Title 14).
"Lot area" means the total horizontal area within the boundary lines of the gross lot.
"Lot, corner" means a, lot abutting two or more streets at their intersection, or upon two parts
of the same street forming an interior angle of less than one hundred thirty -five degrees. (See
Figure 2 -2.)
"Lot coverage" means that portion of the lot that is covered by structures and other
impervious surfaces.
14
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Etymon
Lot �II
710 .404
Lo,
Lao: Pkt Coma
L8° L�1 L
,I
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r vif: kr
"Lot depth" means the horizontal length of a straight line drawn from the midpoint of the front
lot line to the midpoint of the rear lot line. (See Figure 2 -3.)
REIJ La
LOI.
tt L34 *' t;
I IirylL ✓ LaR
Dopi6
1 1.,,c1 ,Asa_I
"Lot, inside or interior" means a lot other than a corner lot. (See Figure 2 -2.)
"Lot, flag" means a lot only a narrow portion of which fronts on a public /private road and •
where access to the public /private road is across that narrow portion. (See Figure 2 -2.)
"Lot line, front" means, in the case of an interior lot, the property line separating the lot from
the road or street, other than an alley. For the purpose of establishing the front lot line for a
corner or flag lot, the following shall apply:
1. In the case of a corner lot, the front lot line shall be the property line with the narrowest
street frontage, except that the building official, or his designee, shall designate the front
lot line for corner lots in residential districts.
2. For a flag lot, when the access easement or right -of -way extends across the lot, the front
lot line shall be the line separating the lot from the right -of -way or access easement.
When the right -of -way or access easement does not extend across the property, the
front lot line shall be determined by the building official.
"Lot line, interior" means, in the case of zero lot line development, the property line separating
a zero lot line from: (a) another zero lot line or (b) adjoining common open space. (See Figure 2-
4.)
15
•
I i I I
1
Lot I4.
1 1111
Camimm.rant spate
l
"Lot line, rear" means the property line which is opposite and most distant from the front lot
line. For the purpose of establishing the rear lot line of a triangular or trapezoidal lot, or of a lot
the rear line of ,which is formed by two or more lines, the following shall apply:
1. For a triangular or gore - shaped lot, a line ten feet in length within the lot and farthest
removed from the front lot line, and at right angles to the line comprising the depth of
such lot, shall be used as the rear lot line.
2. In the c of a trapezoidal lot, the rear line of which is not parallel to the front lot line,
the rea lot line shall be deemed to be a line at right angles to the line comprising the
depth of such lot and drawn through a point bisecting the required rear lot line.
3. In the case of a pentagonal lot, the rear boundary of which includes an angle formed by
two lines, such angle shall be employed for determining the rear lot line in the same
manner; as prescribed for a triangular lot.
•
• "Lot line, side" means any lot boundary line not a front lot line or rear lot line.
"Lot, through" means an interior lot having frontage on two streets. (See Figure 2 -2.)
"Lot width" means the horizontal distance between the side lot lines, measured at right angles
to the line comprising the depth of the lot at a point midway between the front and rear lot lines.
(See Figure 2 -3.)
"Low impact development" means stormwater management and land development strategies
that emphasizel conservation and use of existing natural site features integrated with disturbed,
small -scale stormwater controls to more closely mimic natural hydrologic patterns in residential,
commercial, and industrial settings. Low impact development addresses stormwater
management and land development that is applied at the parcel and subdivisions scale that
emphasize conservation and use of on -site natural. features.
"Manufactured home" means a dwelling on one or more chassis for towing to the point of use
which bears an insignia issued by a state or federal regulatory agency indicating that the
structure complies with all applicable construction standards of the U.S. Department of Housing
and Urban Development definition of a manufactured home and was built after June 15, 1976.
Manufactured homes are further classified as follows:
1. "Multi- wide ": Have a minimum width of not less than seventeen feet as measured at all
points perpendicular to the length of the manufactured home;
2. "Single- wide ": Have a minimum width less than seventeen feet as measured at any point
perpendicular to the length of the manufactured home.
16
•
"Manufactured structure" means a building manufactured with the intent of being transported
to a fixed site and constructed in accordance with the building codes as adopted by the
city /county.
"Massage therapy /spa" means a scientific or skillful manipulation of soft tissue for therapeutic
or remedial purposes, specifically for improving muscle tone and circulation and promoting
health and physical well- being. The term includes, but is not limited to, manual and mechanical
procedures for the purpose of treating soft tissue only, the use of supplementary aids such as
rubbing alcohol, liniments, oils, antiseptics, powders, herbal preparations, creams or lotions,
procedures such as oil rubs, salt glows and hot or cold packs or other similar procedures or
preparations commonly used in this practice. This term specifically excludes manipulation of the
spine or articulations and excludes sexual contact.
"Master planned development" means any development within the Yakima urban growth area
approved under YMC Chapter 15.28 (i.e., planned residential development, planned commercial
development, planned industrial development, and planned mixed -use development).
"Meeting hall" means a private or quasi - private facility in which defined groups or
organizations come together for meetings and social events. Includes private bridge club -type
card rooms, grange halls, etc.
"Mining" means all or any part of, the process involved in quarrying, mineral extraction,
crushing, asphalt mixing plants, concrete batch plants, or other uses of a similar nature, but
does not include petroleum or natural gas exploration or production.
"Mixed Use Building" means a building in a commercial district or planned development used
partly for residential use and partly for a community facility or commercial use.
"Mixed -use development" means use of the land or structure for two or more different uses.
"Mobile home" means a dwelling on one or more chassis for towing to the point of use which
does not meet applicable HUD manufactured housing standards of June 15, 1976. This
definition does not include modular homes, manufactured homes, commercial coaches,
recreational vehicles or motor homes.
"Mobile home park" means a parcel of land under single ownership used for the placement of
two or more mobile or manufactured homes used as dwellings. This definition shall not apply to
the placement of a temporary hardship unit (see YMC 15.04.140) on the same parcel with
another home.
"Mobile home park expansion" means the preparation of additional sites for mobile or
manufactured homes (including the installation of utilities, final site grading, the pouring of
concrete pads, and the construction of streets).
"Modification (of use or development)" means any change or alteration in the occupancy,
arrangement, placement or construction of any existing use, structure, or associated site
improvement, and any change or alteration of land.
"Modular home" means a residential structure which meets the requirements of the
International Building Code and is constructed in a factory and transported to the building site.
Modular homes are not subject to special review; they are subject to the same review standards
as a site -built home.
17
• "Multiple- building complex" means a group of structures housing separate businesses sharing
the same lot, access and /or parking facilities.
"Multiple- occupancy building" means a single structure housing more than one retail
business, office, or commercial venture.
"Net residential acre" means forty -three thousand five hundred sixty square feet minus the
area in private and public streets, rights -of -way, and access easements. (See YMC
15.05.030(B) to calculate the maximum number of dwelling units permitted on a site.)
"Nonconforming lot" means a lot, the area or dimension of which was lawful prior to adoption
or amendmentl''of this title, but which fails to conform to the present requirements of the zoning
district in which it is located.
"Nonconforming structure" means a structure that was lawful prior to the adoption or
amendment of'this title that fails, by reason of such adoption or amendment, to conform to the
present requirements of the zoning district where it is located.
"Nonconforming use" means a use of land or structure lawfully established and maintained,
but which does not conform to this title for the district where it is located.
"Nuisance" means any use, activity or structure that interferes with the enjoyment and use of
one's property by endangering personal health or safety, offending the human senses, and /or
failing to conform with the provisions, intent, or standards of the district where the use, activity or
structure occurs.
"Nursery" means facilities used for the propagation and sale of agricultural or ornamental
plants and related products. Nurseries are further classified as follows:
1. "Retail nursery": A nursery which offers products to the general public including plant
materials, planter boxes, fertilizer, sprays, garden tools, and related items.
2. "Wholesale nursery": A nursery that raises nursery stock for sale to a retail nursery or
other business; and
3. "Greenhouse": A nursery facility constructed with transparent or translucent materials for
indoor propagation of plants. This definition does not include private greenhouses with
no commercial sales.
"Occupancy" means the purpose for which a structure, portion of a structure, or lot is used or
intended to be used. For purposes of this title, a change of occupancy is not intended to include
a change of tenants or proprietors, but is intended to indicate a change in the type of use.
"Off- street parking" means a parking space(s) and associated driveway(s) located beyond the
right -of -way of a highway, street or alley.
"Open space" means an area of land or water that is substantially free of structures,
impervious surfaces, and other land- altering activities.
"Open space, common" means open space within or related to a development that is not
dedicated for public use, but is designed, intended and legally committed for the common use or
enjoyment of the residents of the development.
18
"Park" means a public or privately owned area with facilities for active or passive recreation
by the public.
"Parking angle" means the angle formed by a parking stall and the edge of a parking bay, wall
or driveway of the parking facility, ranging from zero to ninety degrees.
"Parking bay" means the section of a parking facility containing a driveway and containing
one or two rows of parking stalls.
"Parking lot" means a facility designed to serve parking for five or more motor vehicles.
"Parking space" means an off - street area that is paved, drained, maintained and used for the
temporary storage of one motor vehicle.
"Parking stall" means a clearly marked area in which one vehicle is to be parked; a parking
space.
"Party of record" means the applicant and any other person who has submitted written
comment on any action or proposed action, or who has appeared at a public hearing or public
meeting and signed an official register requesting notice of further action.
"Permit" means written governmental approval issued by an authorized official, empowering
the holder thereof to take some action permitted only upon issuance of written approval.
"Personal services" means a business providing specialized services such as interior home or
business design and shopping services, except as otherwise regulated.
1. "Pet" means a domesticated animal kept for pleasure or as a hobby rather than utility
including but not limited to: fish, dogs fewer than four (4), cats fewer than six (6),
chickcnchen chickens (no roosters) fewer than five (5), and rabbits fewer than five (5).
"Pet day care" means a building or structure in which an agency, person or persons regularly
provide care for pets, but not including overnight stays. Uses not meeting this definition shall be
considered kennels.
"Planning commission" means the duly constituted planning commission for the City of
Yakima.
"Planning division" means the Yakima County planning division or the department of
community and economic development of the city of Yakima, whichever is appropriate.
"Preliminary approval" means the contingent approval by the administrative official using an
appropriate Type (2) or (3) review process prior to final approval.
Preschool. See "day care center."
"Private access easement" means any private easement for the purpose of ingress and
egress that is not dedicated to the public and that is owned by the underlying owners of land
over which it crosses.
"Product assemblage" means a business or service involved in assembling products for off -
site sales.
19
"Professional business" means a business primarily engaged in administrative or service -
related functions and dependent upon professional staff such as lawyers, doctors, realtors,
travel agents, bankers, accountants, engineers and consultants; or providing administrative
governmental services.
"Property owner(s)" means the legal owner or owners of the property.
"Public facility" means a facility owned and operated by a governmental agency or owned and
operated by a private entity for the purpose of providing essential public services to the public
including, but not limited to: water, irrigation, wastewater, garbage, sanitary, transit, police, fire,
ambulance, parks & recreation facilities, and street maintenance. The facility should be located
to efficiently serve the people benefiting from the service."
"Public hearing" means a meeting open to the public that is announced and advertised in
advance at which the public is given an opportunity to participate.
Public Water System. See "water system, public."
"Recreational screen" means a protective device for recreational purposes designed to keep
recreational equipment within or outside of a designated area. Such uses are typically
associated with schools, parks, golf courses, swimming pools, ball fields, and playgrounds.
"Recreational vehicle" means a motorized or nonmotorized vehicle designed and
manufactured for recreational use, including, but not limited to: boats, travel trailers,
• snowmobiles, go -carts, motorcycles and dune buggies.
"Recycling Drop Off Center" means a commercial facility where products such as aluminum,
tin cans, glass,k)lastic, paper, and other similar products are deposited, sorted and transferred
to a Recycling, Processing Center for reprocessing.
"Recycling Processing Center" means a facility where products such as aluminum and tin
cans, glass, plastic, paper and other similar products are deposited, sorted, stored, and
reprocessed.
"Residential density" means the number of dwelling units per net acre of land. This term
includes dwelling unit density.
"Restaurant" means an- establishments serving prepared food or beverages for consumption on
or off premises. This land use includes but is not limited to: Restaurants, .sandwich shops,
coffee shops with or without drive -thru facilities (see YMC 15.040.080 for establishments with
drive -thru facilities), and fast food restaurants, but does not include bars, cocktail lounges,
taverns, brewpubs as licensed by the Washington State Liquor Control Board, catering services,
or industrial scale food production facilities. - _ _ - •• - - _ _ - _ - _ _ _ ' . _ _ - _
"Retail services" means uses providing services, as opposed to products,- to the general
public. Examples are eating and drinking establishments, motels, real estate and financial
offices, and uses providing health education and social services.
20
•
"Retail trade" means those uses primarily engaged in the sale of goods or merchandise to the
general public for personal or household consumption and rendering services incidental to the
sale of such goods. Lumber yards, office supply stores, nurseries, butcher shops, paint stores
and similar uses shall be considered as retail trade establishments even though a portion of
their business may be to contractors or other business establishments.
"Retirement home" means an establishment providing domestic care for elderly persons who
are not in need of medical or nursing treatment except in the case of temporary illness. This
definition does not include nursing, convalescent or rest homes, hospitals or sanitariums.
"Reviewing official" means the building official, administrative official, hearing examiner, City
of Yakima Planning Commission, or legislative body when engaged in any review or approval
procedure under the provisions of this title.
"Rezone" means to change the zoning district classification of particular lot(s) or parcel(s) of
land.
"Right -of -way, public" means land deeded or dedicated to or purchased by the city of Yakima
or Yakima County for existing or future public pedestrian or vehicular access.
"Road, local access" means a public road not designed as a principal arterial, minor arterial,
collector arterial or neighborhood collector by Yakima County or the city of Yakima. The primary
purpose of a local access road is to connect property along the local access road with the
arterial street system.
"Road, private" means a road not designed, built, or maintained by the city, the Washington
•
State Department of Transportation, or any political subdivision of the state.
"Road, public" means the physical improvement of the public right -of -way, including, but not
limited to, surfacing, curbs, gutters and drainage facilities, which is maintained and kept open by
the city of Yakima or Yakima County for public vehicular and pedestrian use.
"School" means a structure and accessory facilities in which prescribed courses are taught.
This definition includes elementary, junior high or high schools and institutions of higher
learning, but does not include commercial schools, nursery schools, kindergartens, or day
nurseries, except when operated in conjunction with a public, private, or parochial school..
"School, vocational" means the commercial use of a structure or land for teaching arts, crafts,
or trades.
"Service station" means a retail facility to supply motor fuel and other petroleum products to
motor vehicles, and may include lubrication and minor repair service and incidental sale of
motor vehicle accessories.
"Setback, front" is the minimum horizontal distance measured perpendicularly from the
centerline of the adjacent right -of -way to the nearest wall of the structure. Where there is a
partial right -of -way, the setback shall be measured perpendicularly from the design centerline.
When there is no right -of -way, the front setback shall be twenty feet from the front property line.
"Setback, side and rear" is the minimum horizontal distance measured perpendicularly from
•
the nearest property line to the nearest wall of the structure, except that a side setback on a
21
• corner lot, along the adjacent right -of -way, shall be measured perpendicularly from the
centerline of the right -of -way. When there is a partial right -of -way, the setback shall be •
measured perpendicularly from the design centerline.
"Sewer system, community" means small, self- contained sewage treatment facilities built to
serve developed areas generally found outside public sewer service areas.
"Sewer system, individual" means a system designed and constructed on site to dispose of
sewage from one or two structures. Septic tank systems are the most common form of
individual sewer system.
"Sewer system, regional" means sewer service provided by a municipality or special purpose
district.
Sign. See YMC Chapter 15.08 for a complete listing of sign definitions.
"Sign manufacturing and assembly" means the design, manufacturing, and assembly of
metal- cased, thermo- formed, wooden, stone, neon, internally lit, or electronic signs.
"Site improvement" means any structure or other addition to land.
"Site improvement, required" means any specific design, construction requirement or site
improvement that is a condition of approval for any permit issued under the provisions of this
title or which is l a part of any site plan approved under the provisions of this title.
"Site plan, detailed" means a general site plan incorporating such additional factors as
• landscaping, drainage, and others as may be specified.
"Site plan, general" means a sketch drawn to scale showing the actual dimensions and shape
of the lot to be built upon, the sizes and location of existing buildings on the lot to the nearest
foot, and the location and dimensions of the proposed building(s), structure(s), or alteration(s).
"Social card room" means a commercial facility, or a portion thereof, open to the general
public, in which house - banked social card games are played, as that term is defined by RCW
9.46.0282 (or as the same may be subsequently amended hereafter), or in which other activities
occur that constitute gambling and are authorized by the Washington State Gambling
Commission under RCW 9.46.070 (or as the same may be subsequently amended hereafter),
to the extent that said activities include any gambling activity engaging in the use of, or
associated with, slot machines (whether mechanical or electronic) or any gambling activity
engaging in the use of, or associated with, any other electronic mechanism including video
terminals.
Specialty Food Store /Food Store, Specialty. See "delicatessen and other specialty food
stores."
"Standard, administrative adjustment of" means a change, either an increase or decrease, in
one or more of the development standards in YMC Chapters 15.05 through 15.08, in
accordance with the provisions of YMC Chapter 15.10.
"Standard, general" means any standard not capable of precise numerical definition, but
which expresses the policies of the community in this title and which may be applied by the
reviewing official during a Type (1), Type (2) or Type (3) review.
22
"Standard, specific" means those numerical standards established in YMC Chapters 15.04,
15.05, 15.06, 15.07, 15.08 and 15.09.
"State siting criteria" means criteria for the siting of hazardous waste treatment and storage
facilities adopted pursuant to the requirements of RCW Chapter 70.105.
"Stockpiling of earthen materials" means permanent and /or continuous use for storage of
rock, gravel, rubble, sand, or soil.
"Storage facilities, bulk" means either enclosed (see "warehouse ") or outdoor areas designed
for the storage of either large quantities of materials or materials of large size. Includes the
storage of vehicles when such storage is not incidental and subordinate to another land use and
is not vehicle parking, automotive wrecking /dismantling yards or vehicle sales lots.
"Storage facilities, commercial" means enclosed storage areas designated as support
-facilities for commercial activities and used for the storage of retail materials.
"Storage facilities, residential mini - storage" means enclosed areas providing storage for
residential goods and /or recreational vehicles within the structure.
"Storage, vehicle" means keeping vehicles on a given site that are not actively used by the
principal occupants of the site. This definition does not include automotive wrecking /dismantling
yards or vehicle sales lots.
"Street" means a public or private road.
•
"Structural alteration" means:
+ 1. - Any change in a major component or other supporting members of the structure,
including foundations, bearing walls, beams, columns, floor or roof joists, girders, or
rafters; or
i -2.Any change in the exterior lines or configuration of a structure if such changes result in
the enlargement of the structure.
"Structure" means anything constructed or erected which requires location on the ground or
attached to something having a location on the ground.
"Structure, temporary" means a structure without any foundation or footings and which is
removed when the designated time period, activity, or use for which the temporary structure was
erected has ceased.
"Swimming pool" means a contained body of water, used for swimming or bathing purposes,
either above ground level or below ground level, with the depth of the container being more than
eighteen inches or the area being more than thirty -eight square feet.
"Transportation brokerage offices" means establishments primarily engaged in furnishing
shipping information and acting as agents in arranging transportation for freight and cargo.
"Tavern" means an establishment operated primarily for the sale of wine, beer, or other
beverages with any service of food incidental thereto.
•
23
"Technical equipment" means medical, dental, fire suppression, restaurant, etc., equipment.
"Towing services" means a service e to haul or tow vehicles for service, repair or temporary
storage. Any facility, except for wrecking yards, storing a vehicle for five or more days shall be
considered a vehicle storage facility. Hulk haulers are not included under this definition.
Travel Agency. See "professional business.
"Urban growth area" means the area within the city limits of Yakima and Union Gap, and the
unincorporated portion of Yakima County within the Yakima urban growth area boundary
established by the board of Yakima County commissioners pursuant to RCW 36.70A and
adopted in the Yakima urban area comprehensive plan (YUACP) as amended. The boundary
and legal description of the Yakima urban growth area is set forth in YMC 15.01.020. The
Yakima urban growth area is that area where growth is expected to occur over the next 20
years from the adoption of the YUACP and is the area in which urban level public services are
or will be provided.
"Urban services" include, but are not limited to, public water and sewer lines, neighborhood
parks, streetlights, police and fire protection.
"Use" means the activity or purpose for which land or structures or a combination of land and
structures is designed, arranged, occupied, or maintained together with any associated site
improvements. This definition includes the construction, erection, placement, movement or
demolition of any structure or site improvement and any physical alteration to land itself,
including any grading, leveling, paving or excavation. "Use" also means any existing or
proposed configuration of land, structures, and site improvements, and the use thereof.
Use, Class (1), (2), (3). See "Class (1), (2), (3) uses."
Use, Modification of. See "modification (of use or development). ".
"Use, principal" means the primary or predominant use to which a structure, part of a
structure, or lot is or may be devoted.
"Use, temporary" means a use established under YMC 15.04.130, for a fixed period of time,
with the intent to discontinue such use upon the expiration of the time period.
"Utilities" are those businesses, institutions, or organizations using pipes or conductors in,
under, above, or along streets, alleys or easements to provide a product or service to the public.
"Utility services" means facilities operated by utilities, but not including local transmission and
collection lines, pipes, and conductors. Such facilities include, but are not limited to, electrical
power substations, water reservoirs, and sewage treatment plants.
"Variance" means a modification of the specific regulations of this title in accordance with the
terms of this title for the purpose of assuring that no property, because of special circumstances
applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the
same vicinity and zoning district.
41) Veterinary Clinic. See "animal clinic /hospital."
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"Vision triangle" means a triangular- shaped portion of land established at street intersections
in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or
obstruct the sight distance of motorists entering or leaving the intersection. (See YMC
15.05.040.)
•
"Warehouse ". means a structure used for the storage of goods and materials. See
"agricultural building."
"Waste material processing and junk handling" means a place where waste, discarded or
salvaged metal, used plumbing fixtures, discarded furniture and household equipment, and
other materials are bought, sold, exchanged, stored or baled; and places or yards for the
storage of salvaged materials and equipment from building demolition and salvaged structural
steel materials and equipment, but excluding establishments for the processing and sorting of
garbage, or for the sale, purchase, storage or dismantling of automotive vehicles and
machinery. This definition does not include the processing, storage or disposal of hazardous
materials.
"Wastewater spray field" means an agricultural or otherwise vegetated field which is irrigated
with wastewater or treated sewage. May include storage lagoons utilized solely for storing
wastewater before spraying, but not other wastewater treatment facilities. Excludes sprayfields
for wastewater defined as hazardous pursuant to RCW Chapter 70.105.
"Water system, public" means any system, excluding a system serving only one single - family
residence, providing piped water for human consumption, as defined and /or regulated under
WAC 248 -54.
"Wholesale trade" means those uses primarily engaged in the sale of merchandise to retailers
and to industrial, commercial, institutional or professional business users or to other
wholesalers.
"Wineries or Breweries" means a winery or brewery for processing and manufacturing
purposes only, with limited wholesale trade incidental to the primary use. Wineries and
breweries are categorized as follows:
A. Basic does not have a commercial tasting room or restaurant;
B. Resort/Destination has either a commercial tasting room or restaurant. This type of
winery or brewery is located on a site larger than five acres in size. It could typically be
associated, or compatible with: high density residential, resort lodging, or a bed &
breakfast.
C. Retail has either a commercial tasting room or restaurant.
"Wrecking yard" means the place of business where motor vehicles or parts thereof are kept
by a motor vehicle wrecker subject to state regulation (RCW Chapter 46.80).
"Yard" means an open space, other than a court, on the same lot with a structure.
"Yard, front" means the open area extending along and parallel to the entire length of the
front lot line and measured from the property line to the structure.
"Yard, rear" means the open area at the rear of the structure extending the entire width of the
lot and measured from the structure to the rear property line.
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"Yard, side" means an open area between the side wall line of the structure and the side line
• of the lot.
"Zero lot line" means the location of a dwelling on a lot in such a manner that one of the sides
of the dwelling rests directly on a side lot line.
"Zoning district" means a portion of the Yakima urban growth area within which certain uses
of land and structures are permitted and certain other uses of land and structures are prohibited,
certain yards and other open spaces are required and specific lot areas are established, all as
set forth and specified in this title. This definition also includes the terms "zone" and "use
district."
"Zoo" means a park or facility where animals are kept and raised for visitors to see and
observe; zoological park.
26
Section 2. Section 15.03.020 of the City of Yakima Municipal Code is hereby amended
to read as follows:
15.03.020 - District And Map Overlay Intent Statements
The district intent statements define the specific purpose of each district and /or zoning map
, overlay. They shall reflect the policies of the Yakima Urban Area Comprehensive Plan; serve as
a guide for determining the appropriate location of uses; help determine appropriate conditions
for development; and help the Administrative Official interpret the standards and provisions.
A. Suburban Residential District (SR). The intent of the Suburban Residential District is to
provide a variety of residential lifestyles with densities generally ranging from one unit per
five net residential acre to seven units per net residential acre. The higher density is
reviewed and considered to be permitted when a public water system and the regional
sewer system are available, or if these utilities are not available, a community water and
sewer systems may be allowed after review by Yakima County Health District and the City of
Yakima. (See YMC Ch. 15.05, Table 5.1) This district is further intended to:
1. Limit residential density to one unit per five net residential acres in areas where flooding,
airport noise, or other environmental constraints make the and unsuitable for residential
use at higher densities. Development at a lower density will be reviewed to allow
conversion to higher densities once utilities are available or other limiting issues are
mitigated;
2. Maintain surface and groundwater quality along with the avoidance of potential health
hazards, by limiting residential density to one unit per five net residential acres, in areas
where public services will not be provided, and the dwelling units have individual wells
and septic tanks. Development at a lower density will be reviewed to allow conversion to
higher densities once utilities are available or other limiting issues are mitigated;
3. Provide the opportunity for suburban residential development, up to three dwelling units
per net residential acre, in areas with either public water service or a community sewer
system; and,
4. Allow residential development to seven dwelling units per net residential acre in areas
with both public water service and sewer system.
This district is characterized by a mixture of land uses and residential densities including
small farms, scattered low- density residential development, and clusters of higher- density
residential development. The minimum lot size in the district varies according to the
suitability of the land for development and the provision of urban level services. See YMC
15.05.030(E).
B. Single- Family Residential District (R -1). The single- family residential district is intended
to:
1. Establish new residential neighborhoods for detached single - family dwellings free from
other uses except those which are compatible with, and serve the residents of this
district, which may include duplexes and zero lot lines if established during the
subdivision process;
2. Preserve existing residential neighborhoods for detached single - family dwellings free
from other uses to ensure the preservation of the existing residential character, and
serve the residents of, this district; and,
3. Locate moderate - density residential development, up to seven dwelling units per net
residential acre, in areas served by public water and sewer system.
Detached single - family dwellings are the primary use in this district. The district is
characterized by forty five up to-to sixty percent lot coverage; access to individual lots by
local access streets; large- required front, rear and side yard setbacks; and one and two
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• story structures. The density in the district is generally seven dwelling units per net
residential acre or less.
This zone is intended to afford single- family neighborhoods the highest level of protection
from encroachment by potentially incompatible non - residential land uses or impacts. Non -
residential uses within these zones are not allowed; except for public or quasi - public uses,
which will be required to undergo extensive public review and will have all necessary
performance or design standards assigned to them as necessary to mitigate potential
impacts to adjacent residences.
Development exceeding seven dwelling units per net residential acre, may be allowed in
accordance with Table 4 -1.
C. Two - Family Residential District (R -2). The purpose of the two- family residential district is
to:
1. Establish and preserve residential neighborhoods for detached single- family dwellings,
duplexes and other uses compatible with the intent of this district; and,
2. Locate residential development with densities up to twelve dwelling units per net
residential acre in areas receiving a full range of public services including public water
and sewer service, and police and fire protection.
The district is characterized by up to fifty -sixty percent lot coverage, access via local access
streets and collectors, one and two story buildings, some clustering of units, and largc
required front, rear and side yard setbacks. Typical uses in this district are single - family
dwellings and duplexes. The density in this district generally ranges from seven to twelve
dwelling units per net residential acre. However, development up to eighteen dwelling units
per net residential acre may be allowed in accordance with YMC Ch. 15.04, Table 4 -1.
D. Multi- Family Residential District (R -3). The Multi - Family Residential district is intended to:
1. Establish and preserve high- density residential districts by excluding activities not
compatible with residential uses;
2. Locate high-density residential development more than twelve dwelling units per net
residential acre in areas receiving the full range of urban services;
3. Locate high- density residential development near neighborhood shopping facilities; and,
4. Locate high- density residential development so that traffic generated by the
development does not pass through lower- density residential areas.
The district contains a variety of attached or clustered multi - family dwellings.
E. Professional Business District (B -1). The Professional Business district is intended to:
1. Establish and preserve areas for professional offices;
2. Provide a buffer between commercial clusters and residential neighborhoods; and,
3. Locate professional offices in areas presently receiving a full range of urban services.
Professional offices and, in some areas, a mix of professional offices and multi - family
dwellings are the primary uses in the district.
Generally, the Professional Business District contains smaller lot or parcel sizes. Residential
densities are generally greater than twelve dwelling units per net residential acre. Building
coverage may be as high as eighty percent of the site. Sitescreening requirements have
been established to soften the visual . impact of large buildings and parking lots and to
minimize potential nuisances from light, noise and glare. Development standards are
intended to accommodate a mixture of high - density residential development and office uses.
F. Local Business District (B -2). The purpose of the Local Business District is to:
1. Provide areas for commercial activities that meet the small retail shopping and service
needs of the community; and,
2. Accommodate small -scale commercial uses that need a higher level of visibility and
easy access to major arterials.
• Uses characteristic of this district include small retail sales and service establishments.
28
G. Historical Business District (HB). The purpose of the Historical Business District is to
recognize existing isolated commercial structures in otherwise residential areas, to allow
those structures to be occupied by traditional neighborhood business uses, and to allow
these structures to be replaced if destroyed. This district is not intended to allow structural
expansion, or expansion of the use onto adjoining Tots. It is further intended that this district
is not to serve as a Small Convenience Center (SCC). Examples of HB uses are: taverns,
small grocery stores, Laundromats, and other businesses serving the immediate residential
neighborhood around this district. This zoning district is not intended to be allowed to be
further expanded or formed.
H. Small Convenience Center District (SCC). The purpose and intent of the Small
Convenience Center district is to:
1. Provide areas for commercial activities outside the downtown commercial district that
meet community retail shopping and service needs; and,
2. Accommodate small commercial centers, generally two to five acres in size, where most
of the commercial uses have located in a coordinated manner around a common parking
lot and one major commercial approach driveway.
Small Convenience Centers serve the day -to -day convenience shopping and service needs
of the surrounding neighborhood and should be designed to minimize undesirable impacts
of the center on the neighborhood it serves. Uses in this district should be retail or personal
service establishments dealing directly with the consumer, the primary occupants usually
being such uses as a supermarket, fast food restaurants and drug store.
I. Large Convenience Center (LCC). The purpose and intent of the Large Convenience
Center district is to:
1. Provide areas for commercial activities outside the downtown commercial district that
meet the retail shopping and service needs of the community; and,
2. Accommodate commercial centers, generally five to ten acres in size, where most of the
commercial uses are coordinated in a manner around a common parking lot and usually
with two major commercial approach driveways.
Large Convenience Centers serve the shopping and service needs of multiple surrounding
neighborhoods and should be designed to minimize the impacts. Uses in this district should
be larger retail or personal services, the primary occupants usually being such uses as
multiple tenant shopping, restaurants, office complexes, and multi mixed -uses.
J. Airport Support District (AS). The purpose of the Airport Support district is to
accommodate airport and aircraft related activities within the airport property. This district
includes the Yakima Air Terminal. A variety of uses are permitted. However, the intensity of
development is directly related to airport and /or aircraft related uses.
K. General Commercial District (GC). The purpose of the General Commercial district is to
accommodate wholesale and retail activities with some high- density residential
development. This district is primarily located near and along the major arterials as
designated in the Yakima Urban Area Comprehensive Plan. Like the CBD district, a variety
of land uses are permitted. However, the intensity of development is intended to be Tess
than in the CBD district.
L. Central Business District (CBD). The purpose of the Central Business District is to
preserve the business district of the City of Yakima as the region's center of commerce,
finance, government, industry, recreation, and culture. This district is characterized by very
intensive development and a variety of land uses including retail sales and service
establishments, high- density residential development, financial institutions, professional
buildings, and government offices.
M. Regional Development District (RD). The purpose of the Regional Development district is
to provide high visibility from the interstate and state highways of the City of Yakima to
•
provide regional commerce, office campus, recreation, large scale retail, culture, and large
29
• multiple mixed uses. This district is characterized by very intensive development and a
variety of, land uses including retail sales and service establishments, high- density
residential development, financial institutions, professional office buildings, hotels,
condominiums, and corporation headquarters.
N. Light Industrial District (M -I). The intent of the Tight industrial district is to:
1. Establish and preserve areas near designated truck routes, freeways, and the railroad
for Tight industrial uses;
2. Direct truck traffic onto designated truck routes and away from residential streets; and,
3. Minimize conflicts between uses in the light industrial district and surrounding land uses.
The light industrial district provides areas for light manufacturing, processing, research,
wholesale trade, storage, and distribution facilities.
Uses permitted in this district should not generate noise levels, light, odor, or fumes that
would constitute a nuisance or hazard.
O. Heavy Industrial District (M -2). The intent of the heavy industrial district is to:
1. Establish and preserve areas near designated truck routes, freeways, and railroads for
heavy industrial uses;
2. Direct heavy truck traffic onto designated truck routes and away from residential streets;
and,
3. Minimize conflicts between heavy industrial uses and surrounding land uses.
The heavy,! industrial district provides areas for manufacturing, assembling, fabrication,
processing,' and distribution and storage facilities. Uses in this district have the potential to
generate high levels of noise, light, odor, fumes, or smoke that require their protection from
encroachment by incompatible land uses.
P. Airport Overlay (AO). The Airport Overlay is intended to protect the airspace around the
Yakima Air Terminal at McAllister Field from airspace obstructions or hazards and
• incompatible land uses. In addition to the regulations of the principal use district, the Airport
Overlay includes provisions for:
1. Preserving land adjacent to the Yakima Air Terminal at McAllister Field for future
commercial and industrial development; and,
2. Assuring that land uses, locating near the airport, are compatible with noise, height
obstruction and other impacts from the airport operation.
Q. Floodplain ;Overlay (FO). The purpose of the Floodplain Overlay is to:
1. Protect natural drainage system associated with floodways and floodplains;
2. Ensure that new development will not affect the flood elevations in surrounding areas;
3. Ensure adequate protection of life, health, and property from flood events;
4. Control development located within the 100 -year floodplain unless it is possible to
mitigate;
5. Ensure development is restricted within the floodway unless it is water dependant;
6. Emphasize FEMA standards in planning for flood prevention and damage reduction;
7. Comply with the City of Yakima's Shoreline Master Program;
8. Minimize the expenditure of public money for flood - control projects;
9. Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken with public money;
10. Minimize damage to public facilities and utilities such as water lines, sewer lines, and
streets;
11. Protect river, creek, and stream channels from encroachment so that flood heights and
flood damage will not be appreciably increased;
12. Ensure that potential buyers are notified that FEMA mapping is used to help identify that
• property is in an area of special flood hazards;
30
13. Ensure that property owners who occupy flood hazard areas have adequate information
when they apply for development changes to their property so the property owner can •
assess the results of their development actions;
14. Continue to implement the National Flood Insurance Program; and,
15. Use and enforce the Building Code to help minimize losses due to flooding.
R. Greenway Overlay (GO). The Yakima River Regional Greenway Plan was adopted to
preserve and maintain the Yakima River as a natural resource for all citizens to enjoy. The
Greenway corridor extends from Yakima Canyon to Union Gap. Greenway boundaries were
originally defined in 1977 by the state legislature with the creation of the Washington State
Yakima River Conservation Area.
The Greenway corridor is classified into natural, conservation, and recreation areas. Each
Greenway corridor area may contain various facilities developed by the Greenway
Foundation, such as pathways, recreational sites, boat landings, parks, playgrounds,
campgrounds, and group camps. Many of the Greenway facilities, such as trails, have been
constructed on the top of existing dikes and levees. The Greenway provides access for
levee maintenance and repair and to be responsible for damage to trails caused by flooding.
In addition to the provisions of the principal use district, the purpose of the Greenway
Overlay is to:
1. Make the Greenway more attractive and accessible to the public;
2. Assure development conserves shoreline vegetation and controls erosion;
3. Implement the Yakima County /City Shoreline Master Program and the Yakima River
Regional Greenway Plan;
4. Limit development to activities which are particularly dependent on a location in the
Greenway;
5. Preserve and protect the fragile natural resources and culturally significant features
along the Greenway;
6. Increase public access to publicly -owned areas of the Greenway where increased use is
desirable;
7. Protect public and private properties from the adverse effects of improper development
in hazardous shoreline areas; and,
8. Give preference to uses creating long -term over short-term benefits.
S. Master Planned Development Overlay (PD). The Master Planned Development Overlay is
intended to allow larger scale, mixed -use developments in selected areas of the City where
certain development requirements may be adjusted as necessary to promote and integrated
approach to planning and site design. The City finds that such developments require
special review and conditioning to ensure that adjacent areas are preserved and protected.
(YMC Ch. 15.28)
T. Institutional Overlay (10). The Institutional. Overlay is intended to allow designated
community institutions that are valuable and necessary to the community, but which are
located adjacent to or within residential zones. The City finds that these institutions require
special review and conditioning to ensure that adjacent residential areas are preserved and
protected. (YMC Ch. 15.31)
The Institutional Overlay includes provisions to:
1. Make the institution more compatible and accessible to the public;
2. Assure development has the ability for future expansion;
3. Provide increased protection such as increased buffers as the institution locates closer
to residential districts, especially R -1; and,
4. Utilize the goals and policies of the Yakima Urban Area Comprehension Plan.
31
• 15.03.030 — Map Ofof Zoning Districts An4and Overlays
A. Adoption, Changes, Filing, and Replacement.
1. The zoning districts established by this Title are defined as shown on the Official Zoning
Map for the Yakima Urban Growth Area. The Official Zoning Map, together with all the
explanatory material thereon, is adopted by reference and declared to be a part. In
addition, any adopted overlay shall be displayed on the zoning map as identified by the
adopted ordinance.
2. The official zoning map for the unincorporated portion of the Yakima Urban Growth Area
shall be maintained in the Yakima County Planning Division. The City of Yakima
Department of Community and Economic Development shall maintain the official zoning
map for that portion of the Yakima Urban Area within the Yakima City limits.
3. Each official zoning map shall be identified by the adopted ordinance of the appropriate
jurisdiction and the date of adoption. The official zoning map maintained by the
county /city shall be the final authority as to the current zoning status of land.
4. Any changes in the district boundaries established by this Title shall be made in
accordance with the provisions. The official zoning map shall be promptly changed after
the amendment has been approved by the respective legislative body.
5. No changes of any kind shall be made on the official zoning map except in conformance
with the procedures. Any unauthorized change by any person(s) shall be considered a
violation and punishable as provided under YMC Ch. 15.25.
6. If the official zoning map becomes damaged, destroyed, lost, or difficult to interpret
because of the nature or number of changes and additions, the legislative body may, by
resolution, adopt a new official zoning map, which shall supersede the prior official
zoning map. The new official zoning map may correct drafting or other errors or
• omissions in the prior official zoning map, but no such correction shall have the effect of
amending the original zoning ordinance or any subsequent amendment thereof.
B. Basis for Mapping the Floodplain Overlay area, Warning and Disclaimer of Liability.
The Floodplain Overlay shall be that area within the One Hundred -Year Floodplain shown
on the Federal Flood Insurance Rate Maps (FIRM) for the City and County. The Federal
Emergency Management Agency (FEMA) periodically updates these maps.
Section 3. Section 15.04.030 of the City of Yakima Municipal Code is hereby amended
to read as follows:
15.04.030 — Table of Permitted Land Uses
Table 4 -1 titled "Permitted Land Uses" is incorporated as part of this section. Each permitted
land use listed in Table 4 -1 is designated a Class (1), (2), or (3) use for a particular zoning
district. In addition, some Class (1) uses may require Type (2) review in accordance with YMC
15.04.020. All permitted land uses and associated site improvements are subject to the design
standards and review procedures of this title.
•
32
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Ta ble 4 -1 Permitted Land Uses SR R1 R2 R3 B1 B2 HB SCC LCC S GC CB[ RD M1 M2
AGRICULTURAL (COMMERCIAL)
Agriculture, Horticulture, General Farming (not feedlots or 1 1 1 1
stockyards) ( *)
Agricultural Building -
Agricultural Chemical Sales /Storage 1 1 1
Agricultural Market ( *) 1 1:.. 1 • 1 1 1 1 1
Agricultural Stand ( *) 1 1 1
-A ricultural •Related.industries' * 2
Animal Husbandry (See YMC 15.09.070) ( *) 1 2 1 1
ConcentratedFeeding'Operation ( *) °' 3
Floriculture, Aquaculture 1 1 1
Fruit`Bin;'Sales /Storage - 3 2 1 1
Winery and Brewery - Basic ( *) 3 3 1 2
.- Resort/Destination w/onsite agricultural' production ( *) 2 `3 - 3 3 =. ' 3 `' 3 3
Resort/Destination ( *) 2 3 3 1 1 1 3
Retail (*)
AMUSEMENT AND RECREATION
Aquatic-Center 3 3 3 .1 °2
Amusement Park (Permanent) ( *) 3 3 3 1 3
Bowling Alleys 2 2; 2 1 1 2 3
Campground ( *) 3 2
Drive Theatres , . 3 2 2' 2
Exercise Facilities 2 1 1° 1 1 2 1 1 1 2
Horse Racing Tracks, Speedways 3 3
Game Rooms, Card Rooms, Electronic Game Rooms ( *) 3 2 1 2 2 2
Golf Courses, Clubhouses, Golf Driving Ranges - 3 3 3 3
Miniature Golf Courses 3 .3 1 1 1 1
Movie Theatres, Auditoriums, Exhibition Halls 3 -_ 1 " _ 1 1 1
Parks ( *) 2 2 2 2 2 2 2 2 2 2 2 1 2 2
`Roller :Skating or Ice Skating Rink 2 - 2,• .1 _1 - 2 _
Sports Facility (Indoor) 2 2 1 2 1 2
',Social`Card :Rooms`(See :YMC='15:09.090)( *) - 3 3 . _ 3 3 : :;
State Fair Park (See YMC 15.04.200)
33
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Table 4 -1 Permitted Land Uses SR R1 R2 R3 B1 B2 HB SCC LCC S GC CB[ RD M1 M2
COMMUNITY SERVICES
Cemetery /,Crematorium =with Funeral_ <Horne _ -
Funeral Home not associated with. Cemete_ ry./ Crematorium - -3 - - -- - 2 2 2 1 1 1 2 2
Churches Synagogues &Temples( *)r . ;_ 2 =2 $ 2 2. 2 ' 2 _ 2. 2 ,1> 1.: 2 2
• Community Center ( *) Meeting Halls, Fraternal Organizations . 2 2 2 2 2 2 2. 2 2 1 1' 2
Daycare Fa ;(not ho_ me _oc up n) - Family =ln - Home ( *) ,. _= -1 :2 '1' 2 - '2-' �2, - 2 2., :: 1 1 1. - -
Daycare Center ( *) 2 2 2 2 1 1 2 1 1 1 1 2• 1
t? lice;, °Fire �Stations;.nrribulance'Service . . - 3 :> y3 3 =2 "2 :- 2,: 2 -. _ : a-) :4 :- - . 4 y
P blic Facility( *) 3 3 3 3 2 2 2 2 1 1 1 1 1 1
Hospital ( *) Outside Institutional Overlay 3 3 3 3 3 3 3 3
Correctional Facilities , -` r - n °` "3 , .:., _3- 3' 3.: 3'� `3
Libraries
3 3 2 1 2 1 1 1 1 1 1
MuseumAi- (Gaileries --3 •3 ,'; 2 .r -:2' 1 1 1 W : 1_ : 1. 1: 1
Schools
- Elementary and: Middle . ; - ; . , ;: 3 .: 3 .3 = 3 :r : 3: ' 3 1' 3
Senior High School 3 3 3 3 3 3 - 3 3
Business _Schools
3 . 13 3 ; °� 3 :3 4 3; ,.::. 2 -_ 2 ;� 1 _1 _ ` 1. ", ;,2 ': ,2
Community College / University - Inside Institutional Overlay (See YMC Ch. 15.30) .
_ , ,Community College" /:'•Univers_ity- ...Outside Institutional Overlay 1 3:; ' „ 3 3 F '3 F3.`� -- 12':.::: '..:22 2 2 ` ' ■. ' 2 ak 2 = :.;2.
Vocational Schools( *) 3 3 3. 3 3 2 2 2 1 1 1 2 3
;Wastewater= .Sprayfield i( *) -' ,,... " 3 . _ :.4::.::----,.. ;3 3
Zoo ( *) • 3 3 3 3 3
HEAL TH AND,S.00IA SERVICE-FACILITY=
Group Homes (Six or fewer), Adult Family Home (*) 1 1 1 1 1 1 1 1
Treatment Centers_For Drug a nd_ Alcohol' Rehabilitatio n - :; -3 = "` :.3 - "3 1 3:'::: - . ' 3 : : -,;3:: 2 ,3.,° `;3
Boarding.House ( *) 3 3 3 3 3 1 ' 2
'Halfway House ( *): ' - " _ ' - _ . 2 3
Group Homes (More than Six), Convalescent and Nursing Homes ( *) 3 ' 2 2 2 3 3
MANUFACTURING,
w -
n
$ 1
• • Agricultural Product Support 2 2 2 1 : .. .. 1
r '
b - i. -* :-.n
`F _
���Air ra �:
c ftsPa s�- ',. _
rt
y�.
4. 2
34 •
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A i
TE ble 4-1 Permitted Land Uses SR R1 R2 R3 B1 B2 HB SCC LCC S GC CBI RD M1 M2
Ai-la-eft
11 ,■ijoa'relano - At - .Cetaoilet.:. -- - -- ,= - : - ::'::::::::'::-:'-'..' - .:;:' , '''';_ - ":-.'):-: , :-:::; . ;:E . -':. .,--:- , .:::::','.-:', .;---: ';' ..T;' ._.. : 3 : 7L - :: - ::2.1-, i' 1 ':: -
Bakery Products (wholesale) 2 2 2 2 2 1 1
Be verage ilidusttym;i7t,':- ':, -- :.:::-:r - ::::=:' . .'': , - - [:' , - - ..-':',.:--:=-1,- - r -,-- . --.-.,=: ,-;-'-- ":•':.-:.-:_:': .' . -- .-.- .-.-.-,. .,:,=-. : - --2':7' . ::: ". ! ,"!1:'
Canning, Preserving and Packaging Fruits, Vegetables, & Other 3 1 1
Foods
Cetherit'ateCObbrOte-'PlantSi,:'.--;*E-:=,:z!-,,H--;::=,;..'_-,::::'-f:.'.:=':-_`-::::-Ir.'-'.;-',[':,',::,,-::."-.::';'.'':!:-_:,--T'';=::::'-4.' ±::'. ':: '''' ' ' .' ., ;---': '; '' ' '.':. .'::_ j ' ''.;-::::: ''"' .._ :-- ''' ','' ::.'- ■-',-'. -', t ' 11 -. -';''':::: I: : '-''''' :' ." .■ -.".:1'-;:_,'5
Chemicals (Industrial, Agricultural, Wood, etc.) 3 1
CP6O retei,::GYPSOrrisl'aiidl;PlaSter:PrOdUCtS4'..;'. , , - -: . - ,- : - : , :l.::- - - - .:.:_:= - ...7, - ;-.;'-f - ,::E;ff . ', , :: - . -- 4-:;-.-' , , , --.:'- - :'-_ - _:: :-... -, f - f:::-.:,:- . '-' - , - "'::=1"="= - . -':-':' --,-,:-.:-'-' , :: :- :-- - J - '-: . r': - ;:2;'?'_:_ - ',. -- -.::::=I '.1, :' It•-: 1::
Confectionery and Related Products (wholesale) 2 2 2 1 1 2 1 1
CUtlerYHafid'Toolt:. 11-,- ;_; , .- - ; , _' - ':::.- - E;=.: --- -' , ::: ,,,,, :: - . -- .::';'':; , :;;.: i.:: ::::=:,',. ',:::;le - - - 1',: - ii: ,, :.:-' ri:1:::-: ' :::37:';-;;',:',1:
Drugs 1 2 1 1
Eleetridar:TratiSMiSSiO0'..afid:':DiStibUtiOn',EqUipMent; - . --. ±-i -- i'' '' -1 -'-' , '-':' - :: - :-'' . ''''.'-;=.::,- .'''`?.-.,-'-?: - ''Z , '''.;-' - :'-- ; ''' ''''' '.::' '-rf'- -: '::-=:'_ 1 :1 : .=:12' :::73:: :1''::::::: 1.
Electronic Components and Accessories and Product Assembly 1 2 2 3 1 1
.ir_i'i•Engiheer4P01140diCali-j-,O_Ptioak::;_-pentaril_-,S5intifiP:!:=:tlpsAivmeptsi.,;---and. ,:::::::-:.;,----_:- 1:::-:- ,;::_,-::.'--,_.' ':Z,i‘y.'. - :1.. , - , :t - - - ! -- - - -1 , -;J:1: ,';'!:.L
-. .J:pfoouciA.$,s,eiiioty;;; , :fii, -,, ,:: -, :: , -; , ';: - ::::: - ;:,:- . ,: -, - , - - :; ,1 ,:::?::::, -- :::.._::-...;_:::.!. 7 .i -, ,,-, , r-.: , : - -_-:,:,:::::',..:',.- - :_:;-- - ' , ':::,-: - ,'-,- - ; ,, ::•:;;;-- -,, :;; , ; .. .
Fabricated Structural Metal Products 2 3 3 1 1
F oOd-': . P(OCOS.ii*:: - T':;'=2:?r . _A ,..----. :- .1 7: - _': 7 - - 7':::-':;Ir!:,.-.:;-"'','_ - -_;-'1. - -;';'_-=':.:' , y ,- :: : ''i:;= - --'_-:-'."-, ,, , , '_ .,- - -- ;: - - : ' : '-'::.-_ , '- r ., - -i- ; =_. -;',-: - ,1',-',._:::: ::,;:::;:::::, -:iz, . ::::..:.,'.',..,: -. -.--.:::.--` .1:-1.. - ::''-.-7 1 - :!3:::, , i'-ri . +L.I I-';-
Furniture 2 3 2 1 1
GlaSS';POtterYandisRolateit pthduots'iandAsserriblY:::c1,Y:: : - :: --,- :;''''::' - ':'-'- -, ': - ':''' , ":" - : , - - : - 5:- - ':' ,- .' 15 :' - ';' , :::'! - '.: .. .:-- ---, ".'.:' 1 . . '.,.-''-'!'`:: : : :. ;
Grain Mill Products 3 1 1
Heating )100ratii§ -::,-..,-';',,;::: ,::::: - -rii:T. - --.----- --_-..-,?:, ;---::,,:-....]-°-,' - --=::,-_, '-1:.:;_:7, - , - .- - '= , ";.- -, '' , .:-= - -''; , '7.r ,- -; .,:',1.::::::
Leather Products 3 1 1 1
:-ILeather76riniii-T.andFiniShing 1 r--2, =:::1.:-.::-..
Machinery and Equipment 1 2 1 1
Meat;: ' ''''".:::=-:' '"--:--..,- :1 :-'' if'f .'-- •'=-,--';-:- -,- : - ': -- 4: 1 1': - ; -,- :': :-:-:-.-.- .---.'-:-';',. r::'':':: .1.:':',. 1
Paints, Varnishes, Lacquers, Enamels and Allied Products 3 1
. n I ... ,... _ -. — .,, _.- ■ . - . . _ • , .,. . . . . _
'. 1
Paperboard - 7 Q, a 6 t a i t i' e i t 6 .:, and .,.: Boxes ".;: -:_',..-::: :_ - : ti:, -; -;ir:- i'll':: ;': '-':-,' , ': . r_"-=-; - T ::::47 , :: , ::::'''' " 'T' : ': Z' .-..:::::';-: -, ::: - - - 1 , r'::-?=- .. ::;:- - j:::-,::1-::: i',:: .,,;---,;_-,-.:_-- fAi'
Plastic Products and Assembly • 1 2 . 1 1
PiEefabilatecf.,..";Sti'.uCtiiialmbOd:ProdUats ::::'-.'- ' :-!'HI: ': ::::::-;---;;-;'''.- { 1:ilr : ', - ::..-'il:' , '',. E.;..:_t:': '1.r*
Printing, Publishing and Binding 1 3 _ 2. 1 1
'..:pribtin ..',,,.._-.._-_ _,-,..-_.- --:-.--,:.::;.-,;-, .,,,_.._;:.-.,:. ,.::'-:-.. :--...:-„,::: : - . -- -::2 : - ...:-- :::",:-,-.--; --:2.7,„ ::---,-- :2 ,2, :.'_,--,-,,,,-..,,. ,Ari_, '. 1 , 1--.
Recycling Processing Center (*) . 3 1
35
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Table 4 -1 Permitted Land Uses SR R1 R2 R3 B1 B2 HB SCC LCC S GC CB[ RD M1 M2
Rendering Plants, Slaughter Houses
";' Products -
Sign Manufacturing and Product Assembly
( *) 2 1 1 1 1
°Sawmills and 1 Planin MiIIs
Sheet Metal and Welding Shops 2 1 . 1
Stone wProducts ( includes_ finishing:: of; monuments -:.for. =retail sale ;,` -
. Transportation Equipment, Including Trailers and Campers 1 1
- :,' WoodworkingCabinets, Shelves,ietc..° - °,` 3 ' _2; - ' ,= '2 1`' . -
MINING /REFINING /OFF -SITE HAZARDOUS WASTE - ,
TREATMENT
:;Asphalt Paving and Roofing Materials Rock' °, ; • •:.- 3 _ _ 3 1 ; -- .' • Mining Including Sand and Gravel Pits ( *) 3 3 3
`..Stockpiling of Earthen: Materials. * aY„ A
O � .. �. .; . - = ` -1 2 :' ::°2 �2- 2 ;.:1 1_' 1 4 i.:424 = ''';F:=:,':: 6 1 1 F . ;, , , 14 :::'..t z�^.
Off -Site Hazardous Waste Treatment and Storage Facilities( *) 3 3
RESIDENTIAL ` k ;`
Accessory Uses ( *) See YMC 15.04.060
Detacled;1Single- Family Dwelling ( *) 0 -1 ;;1 1 ;; 1 3 ;3 F 1.; 'i .�3 ' 3;_ ; 3 3 ',
Accessory Dwelling Unit ( *) (See YMC 15.09.045) Y 2 2
.Existing or New Detached .Single- Family'D.wellin "on. "Existin � Lots of .. ; . ; °x°: ' .: { ,-
_8;000 square ;feet orless g g
Detached Single - 1 1 1
Family Dwelling (zero lot line) ( *) (See YMC 2 2 2 2 3 3 1 3 3 3 3
15.09.040)
>Atta6hed;Si rid le Family�DweIIing = ,Common ;Wall;( *)NT _: t2 40- ',1-k 1` -j3 ..3.i. .1., 21: '2 ;. W
• m
Two-Family Dwelling (Duplex) 3 3 1 1 2 2 1 2 2 2 2
�.Conveited ` °Dwelling ( *)* p . ' - =: ?„., a� -- . - . 3 .3. . 2 2 ''2 2 ,.� 2 2 2 1 5 . ,
Multi Family Dwelling () 0-7 DU /NRA 2 1 2 2 2 2 2 2 2
. 8 - 1,2 /NR.A .. . .. _ .. .,... ,.r, 2 1 ,:2; .:.21 .1 2 :":2:-'7;:;:. ', . 2 2 2
13+ DU /N RA 3 1 2 2 2 2 2 2 2
f .Mixed .Us BuildingV ' : = ` . ..'..; .. ;_# s.._ .1 :: . __., -.1 1- ;r t1 g 1 :11:?:-.::
Planned Development ( *) See YMC 15.28
� * zf. 0•,:k.4, g; w. _
2
Mobile Home ( *) or Manufactured Homes ( *) See YMC 15.04.160
- -:r. ;r"' - - s=ue?.: - -;
ome �.
s ':;
36
A - - •
T4ble 4-1 Permitted Land Uses SR R1 R2 R3 B1 B2 HB SCC LCC S GC CB[ RD M1 M2
Temporary Hardship Units (See YMC 15.04.140) 2 2 2 2 2 2 2 2 2 2 2
RE TA 111311 RADEANDSERVICE=" 1- ' 1.- ;! - ;-? , -=T -, _- -- .':::-;-1 -: f7t:: - - - - - ; - :=•-':-:=:: - ;: - =i - 7 . -'':Ik?:-= - ; - `- ';ii';'7!:•:'-g-- ..:
Addressing, Mailing, and Stenographic Services - . 1 1 1 1 1 1 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1 1
3 'AdUlt.BOSineSsUteic,fe 7 - - :; - -:' , ..:::4f -,,, ' - :•-i';L:-' - '. - - , ::,_=' , : - ':':'1= -, - ,. ' .-.- ' '-'SeetYMC 200.-
Animal Clinic/HospitalNeterinarian (*) 3 2 2 2 1 2 1 1 1
AntidiiStOre s .- : - .*=':. , .'-' ..- t .- --..'-.-:-..!.- '--':,'. ,:,--- ; - 2 : - - - - , :" . --'-'-,:--- -.-= ., ..:::: -',- -':.,- - ;:;;•-..":f . --' ,- ,T-':c: - - 12: . ;:::-:= - `42 . .: - '=.:2- '-: 4 '4: - --1 2 ::::> ,- : - 4:.'=.''-',...:'...'.'
Aril:A=4.1 Sup-plicc 4 4 4 4 -1- • 4 4 4
AUctiOnfHeuse:fbii.Oood(*)'' ' -- : - .t - n - i2 -_---...--..:•--=::°''''.--:':'----:.';'', - 2 H.i- "Xj:; 2 ::-:,-,!.:--,' :-.T -=_.-A - AY :
Auction House for Livestock (*) 3 2 2
AutOrnbtiV,& --,:,- •,: -.:i..-„,-'-':::-:".-.-::j ; : : ::: .:- ' ,: _ ;, ' :--r :" -2,-. :. - . ;:::: .:.e,. ---, . -- ! : ' , • - ;.t . ' -,,,,,- -;;.q . - - := J :,:i-:,.... -- - -,- . - - ,,,- _:= ,- :-', , ... - :'-;' ,.- - . : 2 --.' , . ,, , , .:: . ; . .- - •.!:: : ::.... 5 .!=;:- - '2'--I:',; - : :: '_ir.:.•: , ';? - i'E:::::::' , ;.7%'l : :',''.::. - -'-' , .7::-:;_-_-'i . •
Automobile Automotive Dealer New and Used Sales 2 2 2 1 3 1 1
. --",--1- Nyeeken.ALitomolcillancrRecreational-Vehicle --,-, k --1---.- ':'::::.'-: '-. ' ''1'.:i .. •EF:''''''' ':'- ;- 1;- :::::". : . -: '
Automotive: Car Wash / Detailing 2 1 1 1 1 1 2
- :ParkingliZott - :andZGaeageS- - _''. - -:".-Z?:',. 1 ='- ,::r - -- _;i - ---,- - ,---..-:-..----_-- 21:::- 1 -- : '1 -- 1 1 :: -2 1 - -; . r - : ::1 -:1:
Maintenance and Repair Shops 2 , 1 1 2 1 2 1 2 .
P aintiOndiBosVRepaiShops , : ; ; -, .. - - 1 ,-,.. ,- -: - -- - -"f: ,1, - . - -. :Vi-r'=: - - - -. - - - -:*'-:::::- . ----- T''' _ 2 - :: - 7. -:':-:-. ':. --- -2. -- f-' 1 - "1•='; - _ - *' =::..-'-'-'--- - '': -- t::: - •:: -- -I::' .
Parts and Accessories (tires, batteries, etc.) 2 1 1 1 1 2 1 2
-- ToWingSerViCei: a :.r:; - ':.7- - _-- - ::T.' : 4`• -• ' . --- . ". - ' r ' ' ' - _ - :',._': . 7: - ; : '.- - l' j' - .:- .--- .:: - 1: -- :"..''',:-: '':-.-- ....-' :,;','''.--..:::- ' ---. ':- :*:'-'- - . :i:-:-.1 ---; - ''. :'-'::.:-.- ''' -1 '• ": ' ', ' '...',:::- :11= :3 f- :::T A
Wrecking and Dismantling Yard (*) 8:Hulk Haulers (*) 3 1
B ail'BondS t f': - * - ... , ;ri , Pe'-'-' 5 :_' •- •_': - .';' -- :- - :','"''' .- ::'- - ' - ':: . ''''.''' . r' , "''' - - ---- '' i• -"'" --:': -- ' ' i • -. - '''f? - '-,..--- .--,: •-.•:_-:. - - - -"'.:_:-: -:--;" -. -'. -'" 1 :: - ':.1" -- - f-1
-Bakery . 24
B eality_?and 2. Barber'iShops*: - : : ::':- ---.:::,''-:,;:'. ' - :". '-':". )' .'- ' ':" --'''.' . .:,:-... '--. ' --. -. • .--';'=':: '2: 1 - -- .2'' 1 1 - 1'1 :' - :1 4 : - . *I ,:' ''.-Z
Bed and Breakfast Inn (*) 2 2 2 2 2 2 1
BoatsrahcfMarineriAccessoriesii ....: :.,--_- - --''-',-;:.- - :7-. - - .- --. --„,:;-.- :.--- ..*::', --- ,. .--.-. .,-:'--..'.',- 2 .. 2 - '1 ._---:", ' ---:'-' .1- ' 1
Books-,-Stationery, Office Supplies 2 4 1- 1- 4 4 4 4 2 •
ButcherShop --; .: - - - -- - .--- • -.-' - •---•::-:;• - -- -.-----:-. -',.--.'•--- 1 -.-.-..-:..:-.- - 1 - 1 -- .•.'''---- '1.-: :2- 2 1,.
Camera Ste-re 2 4 2 4 1- 1-
'Candy Store- '-',.‘'. --" ..'-_- -:- ' - '.- ' . — • - • :--:.---_-_--- --- -- ..7 . : -- :' , - ,- - i ':- . -- -: 2 -,- - -- : , , 4 ;:2 :.- 4 -.;.- 4 ._.4 ; :4 '',. :::4 :4
Clothing and Accesc,orics 2 4 2 4 4 4 4 4 4
Coiriaiid'Stamp$146.-pj.: -- - : '' ..---;-' -',_-'-'--_: • • ' -"-:-. '-'-' '-:.--- -.'. ' -'-'-. ' :-.--. '''--'''- '-:. 1 ..--- --- 2 . :'-- , - - 4 . , :=2. :i: . . 4• '4 ii - 4: -- :.4:- 1- "4''
Commercial Services (*) 2 1 2 1 1 1 _ _ 1 1 2
,_...__ . .._ ...._ ...,. ._
Cornrri:IhiCation7OVvers'094::::::;. ..r-'1:: :--. 4.:„. :', ..;;--i- f--See' - - ;:::,
Computer and Electronic Stores 2 4 2 4 4 4 4 4 • 4
37
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TE ble 4-1 Permitted Land Uses • SR R1 R2 R3 B1 B2 HB SCC LCC S GC CB[ - RD M1 M2
Convenienc Store . Closed 1 00 p m ,to6 00 a m ryy 1 2'. 1' _ -1 ..°1;;' 1= _ 1 , _ 1 2
Convenience Store Open 10:00 p.m. to 6:00 a.m. 2 2 2 1 1 2 1 2
Delicatcc^cn'.( *) f : / — 1 1 41- 1 • '- - - - - -- , --- , • _ . - - - ... _ - - - - - -2 -2 -a- - 4 4 4'
Dcpartrncnt Dim count, Vane #y;Stores`(25;001, ft, or more} `.3° { ,1- 4- .4- -
Pet Daycare /Animal Training ( *) 2 1 1 1• 2 1 1 2
E:,prccco / Coffce Drive Thru ( *) 2 2 2 2 -1- 4 2 2 2
.: E� prcaso / Coffce Stand ( *) 1 ` 4 :-_ -:: ;.: 1
Fe rm and Implements, Tools and Heavy Construction Equipment 1 2 3 1 1
'oFe rm= Supplies - -
Financial Institutions 1 1 1 1 1 1 1 1
Florist w y s. 4
Food Store, Specialty
FL eI _Ql and Coal .Di
FLrniture, Home Furnishings, Appliances 1 • 1 1 1 1 1 1
`General Hardware, Garden.; Equipment& Supplies: - = . ,2.,= 1 1_ 1: �y" F 1 1 1 .11:,.., ti- -1 ,.
General Retail Sales 102,000 sq. ft. or less (not otherwise regulated) 2 1 1 1 1 1 1 1 3
( *) — —
General., Retail'- Sales: 'greater...than- 192;000`�sq:- _ft (not otherwise 2 1 1` 1 ' 1
.regulated) ( *) , k .. —
1 1 3
Gift'Sh ( * }.. t ? a.. 2 1- : 2 ;, ` -1-. , .. 1-_ . 4 4 4... 4
GFocery Store (larger than 6,000 sq. ft.) 3 2 4 4 2 4
Heating and Plumbing
and Electrical Equipment Stores 2 2 1 1 1 1 1
He Eq S torag e ', Ma intenance & Repair - 1,;, -1 1 1
Kennels ( *) 2 2 2
Laundries;,Lau and` Dry CleaningPlants ., .__.:; g ::.. . .. ... :: Y 2 , °, 1` 1 1 1" 2 1:t
Liquor Stores 2 2 1 • 1 1 1
; Lccksmithsand Gunsmiths _ _
• Limber Yards 2 1 1 1 1
......._ . 9 ... ,_ _...p /..,:Spa,.(.,.). ,:.. : __ -. - -,..:_ : C ...,:;„ _ ._ ,.. .. _ .. _., . Z �_, �1 . .1, ,1., . 1 � 1`�. `�.1 , . .�', I,. S.1 � °�'� ° ='.; _
4
38
T. ble 4-1 _permitted A
• Uses SR R1 R2 R3 B1 B2 HB SCC LCC S GC CB[ RD MI M2
Kitels and Hotels 2 1 1 1 1 1
2 4 1- 1- 3 1- 2
ht Clubs /DanceEstabl
Ni• _ ishments t _ _
1 1 1 1 1 1 1
N rsery ( *) _
=O ice -: 2
Call Center , ., , _ - = : : . -. _ . - _ -.
4 2 1- 4 2 � 4 4- 4
-
2 2 2 2 1- 4 4 2
■
Medical and Dental Laboratory, Offices and Clinics 3 , 1 1= 2. 1 :4;R=5:::. :.1 1 1 1 ,2
Servi ce Agencie (Advcrtici)ng, Employment; :Insurance; , R l 4 1- 4 4 4. 4 4 -
_E tate < <etc�,4 _ , ` : - _
0 tdoor Advertising (Billboards) See YMC 15.08.130
Y.R int, Gl and Wallpaper Storcc _ 2 2 :,4. - : :,..7,4,-.:*'' 4 4 _ .
P wn Broker - M 2 1 1 1 2 1
, t Stores-(Pet Supplies; and- Dog Groomin = -
P nting, Photocopy Service . �, .- � - � -� .. :: 4 �� A =" �- _ }�- -�
.1- 4 4 4 4 1- 4 4 4 4 4
R dio/TV Studio
R c clin Dro OfF:Center - ; F _ 3 4 .� r
2 2 1 1 1 1 2
Y g = 1 2 1 1 1
R:•ntal: Auto, Truck, Trailer, Fleet Leasing Services with Storage 3 2 1 2 1 2 2 1 2
� R ntal E eavy=Equiprnentt( except automotive) with Storage _ '-..',::=-,:-,:-= . , _ - _1 1,
R ntal: Heavy Equipment (except automotive) without storage 1 F 2 3 2
R pairs SmaII Appliances TVs, - _Busines Machines, Watches, etc 1 2 1 1 >1 s 1 _ - 2 .- ; 1'
irs; Locksmith and =Guncmitho ti m
R pairs: Reupholstery and Furniture 1 1 1 1 1 1 1 1
:. R pairs: Small Engine and = Garden Eq uipment - y !' 2 ~. 2 _` 2 : 1 - 1 ',4-:=A 2 = 1 -
R staurant, - e - ( *) 2 1 1 1 1 1 1 1 1
S: amstr Tailor ' z , Y 1,' 1 1 - 1 1 1 `r 1 z 1
rvice Station ( *) Closed Between 10:00 p.m. and 6:00 a.m. ( *) 2 1 1 1 1 1 1 1
S: rvice ;Station ( *) Open Between 10 00 p m ;and 6 00 a m ( *) ', 3 :62 1 1 2 _ = =1 - 2
:1 * ' - ' •'.:1- . :1 . =1- Al..::, ,4 .2
39
• • •
.
- • 0 •
A
• TE b le 4-1 Permitted Land Uses SR R1 R2 R3 B1 B2 HB SCC LCC S GC CB[ RD M1 M2
Shooting Ranges (Indoor) 3 3 3 3 1
. Si jns;; ...:':-.- .,,.---,,., ,, f; -:::--=? •-2 ,-,,,--;,?::-,--,:' -:: ::'.-1 = -:.2.-',: -1-,:,, 1
Sporting Goods, Bicycic Shopc, 4 2 4 4 4 4 1- 1-
TE verns (*) and Bars 1 - 2 - • 1 - 1 -- 1 - 1= - 1 1 1
T.E.ChhioeF_giliUiPMeh(Seles(*) - i.., ! : .-,:_.,:!;.-.:-. 2:': :;:1 :::-2* . i: . V.:-• , 'L: ''', -- ;:::: T:1.7'
: !:- - .17t y„:6 Hoo*:'.stoi z r: , ; . :.:,:! . .:_.4- ; -, :42 - ? .,...- s §;?:z: , 2,:- -, . 4 . ii :' , .4 .; ! r ,.; 7,:4T-,-_!,+,..,, .4-,-..:
Truck Service Stations and Shops 3 2 1 1
:, Hi l'if.- i'.-=. , 1;'3.;: - .:.,'!.54 - :.: 'i] rl'7.f:: ..- , '-.•_r:';','; '.•- Y;.3:''-1, - 1 : 1- : , _
Vi-lee-SalesiRental 4 2 4 4 4 4 , 1- 4 2
VVaste Material Processing and Junk Handling (*) _ 3 1
FFIANspOITTATjoNkr:;':::::-7-:.;k;'2":4g';4 •
Bus Terminals - 1 1 1 1 1 1
B:U .: =: 4'-:'v -.::::,,,'': t':::::i-± .-:-...='.:: .: ''-::'::-' , - ''' --, .F. - t'Ni' :i:' - :::''4 , - - -t, '''-1'i:.:='.
Transportation Brokerage (*) Offices, with Truck Parking 2 2 1 1
Contract Truck Hauling, Rental of Trucks with Drivers 1 1 1
- ,-- i iiRairl=:17ii.iCk.:;iTeithielai&,(for shortiterri*stdtageOffi6ett) ;:5?, f -:: c';' :' zr!' . . 7 - 1;- - -:,- il:::V! . ' .=r'-' II '42::::.
.Railroad Switch Yards, Maintenance and Repair Facilities, etc. 1 1
Taxicab : q.±:T 'f' F' .!!-?*': i:.: ' :''':.:'--- :-! - :0V '7- '':±': '
Ai - port Landing Field 1
'' -Port 004i=atibnS':.' - r-ker: - 0,':;'1 4 -P':'::::r - . -. :: , ....'7. - .. 71.
UILITIES
POwerGerieratirigfailitiesqf':i. - : , ' . ;i: 1 ;',.. , ;: '':.2 ':::':::,;-' f jZ 'i i A
Utility Services (substations, etc.) 3 3 3 3 3 3 3 3 3 1 1 •
. . i , .77 1 1Ff,.g ,- ..q , ..:,=,:z.::,. ,- -'4 - 1 ;y1::; ., :,, , I,ny_?, , , , A.yFft.::; ; : , F.:: : , ; . r.E.r.'7,... ,- -; ., :.: - -
VVarehouses (*) 3 1 2 2 1 1
vvjoieit ,'Ti' ',.P: ,-- '."' '.: ..-..,-.:,-; ;i :- :Z1-:°;tk,1 '4?;±-1 _•:',i2::.: ilIfi!':.1;,
Storage Facilities, Bulk (*) 1 2 1 1
s,t6rag `0 (*i):;=.'':''':' . - - :.=: -.. 1}Ii . - 15 ';. ri..'-'1:,,. r'.'-''-' .!.3 - „1: - :1! 2 ':':::' 4:i
Residential Mini-Storage (*) 3 • 3 1 2 3 1 1
*Refers to definition in YMC Ch. 15.02
I I
= Not Permitted
1 = Class (1) Permitted Use
2 = Class (2) Requires an Administrative Review by the Administrative Official
40
3 = Class (3) Requires a Public Hearing by the Hearing Examiner
•
41
• . •
• Section 4. Section 15.04.060 of the City of Yakima Municipal Code is hereby amended
to read as follows:
15.04.060 — Accessory uses
A. Generally. An accessory use is a use customarily incidental and subordinate to the principal
use of a structure or site. Accessory uses are permitted upon compliance with the terms and
provisions of this title. They must be clearly secondary to, supportive of, and compatible with
the principal use(s) and consistent with the purpose and intent of the zoning district. The
land use classification and review requirements of an accessory use shall be the same as
that of the principal use(s), unless otherwise specified.
B. On -site hazardous waste treatment and storage is permitted as an accessory use in the SR,
B -1, B -2, HB, LCC, CBD, GC, M -1 and M -2 districts, subject to the state siting criteria in the
Washington Administrative Code adopted pursuant to the requirements of RCW Chapter
70.105.
C. Garages. Private garages are permitted as an accessory use; provided, that in residential
districts they are primarily used to store motor vehicles by the occupants of the residence.
D. Pets. The 'keeping of pets is permitted as an accessory use provided, that in residential
districts they are subject to the following restrictions (see definition of "kennel" and "animal
husbandry "):
1. They are domesticated animals kept for pleasure or as a hobby rather than utility,
including, but not limited to fish, birds, dogs four (4), cats six (6), chickens /henshen
chickens (no roosters) fewer than five (5), and rabbits fewer than five (5).
2. Their presence does not create undue noise or odors such as would create a nuisance
or diminish the residential nature of the neighborhood;
• 3. Such animals are properly fed, watered and kept in a humane manner;
4. Any chicken coops, chicken tractors, or rabbit hutches shall be setback ten (10) or more
feet from any residence or property line, and five (5) feet from other structures including
decks;
5. Hen houses, coops, hutches, and chicken tractors shall be restricted to the backyard
area of a residential lot;
6. For chickens and rabbits, adequate fencing shall be installed to contain the animals
within the back yard.
7. The other provisions of the YMC for animals are followed.
subject to the following restrictions (see definition of "kennel "):
4,-The-ether provisions of the YMC for animals are followed.
E. Agricultural Buildings. Where permitted, an agricultural building shall not be used for human
habitation, processing, treating or packaging of agricultural products, nor shall it be a place
used by the public.
F. Cargo Containers:
a:1. Not Permitted. Cargo containers shall not be used for storage or other use within the
residential, B -1, or B -2 zoning districts for more than two consecutive weeks at a time.
13:2. Permitted. Cargo containers and /or semi -truck trailers are allowed as an accessory use
to a permitted business in the SCC, LCC, AS, GC, RD, M -1 and M -2 zoning districts.
•
42
a. Provided, all refrigerated cargo containers or semi -truck trailers that are not located
within a designated loading dock or loading bay shall be located no less than 50 feet •
from any existing residential zoning district.
Section 5. Section 15.05.020 of the City of Yakima Municipal Code is hereby amended
to read as follows:
15.05.020 Site design requirements and standards.
A. Table of Site Design Standards and Subdivision Requirements. The provisions of this
chapter and the requirements in Table 5 -1 and Table 5 -2 are established for all development
in the zoning districts indicated.
B. Development on Nonconforming Lots. Development on nonconforming lots is governed
by this section and YMC 15.19.040. Except as limited by this title, any permitted use may be
allowed on any lot legally created prior to the adoption of this title. Such development and
structures are subject to the following additional provisions:
1. Detached single - family dwellings erected on nonconforming lots must meet the following
criteria:
a. The setback dimensions of the structure conform to the regulations of this title;
b. The lot has at least twenty feet of frontage on, or a minimum twenty- foot -wide
access easement to, a public or private road;
c. All other site design and development criteria other than the lot size requirements of
Table 5 -2 are met.
2. Zero lot line, common wall, or duplex development may be permitted on such lots in the
R -2, R -3 and B -1 districts only if the conditions of subsection (B)(1) of this section are
met.
3. Multifamily development may be permitted in the R -2, R -3, B -1, CBD and GC districts
only if the criteria of subsection (B) (1) of this section are met.
4. Zero lot line, common wall, duplex or multifamily development are not allowed on such
lots in the SR and R -1 zones unless such development is the replacement or
reconstruction of a destroyed or damaged existing use, as defined in YMC 15.19.
5. Any permitted use or structure may be placed on a lot that is nonconforming as to width
and /or lot area in the industrial and commercial districts, but only if the criteria of
subsection (B)(1) of this section are met.
C. Maximum Lot Coverage. Maximum lot coverage is the percentage of net land area of a
site that can be covered with structures and other impervious surfaces. The maximum lot
coverage in each district is shown in Table 5 -1. In the SR and R -1 districts, this standard is
intended to protect the open character of each district, and ensure that land is available to
accommodate septic tanks and drainfields. The intent in the R -2 and R -3 districts is to
provide areas for landscaping and recreation. Maximum lot coverage requirements in the
commercial districts are intended to promote development consistent with the character of
the district, protect setbacks, and provide the opportunity to integrate open space and
landscaping plans into the design and placement of the structure and off - street parking.
D. Structure setbacks. Are the minimum structure setbacks permitted in a particular zoning
district with Type (1) review. In the residential districts, structure setbacks are intended to
provide privacy, Tight, air and emergency. access. Setbacks along easements and rights -of-
way are intended to minimize the impacts from traffic on adjoining property owners. In the
commercial districts, building setbacks provide visual clearance along streets and areas for
sitescreening and landscaping. Structure setbacks are required in the industrial districts to •
provide fire protection, emergency access, and to reduce impacts on adjacent districts of
43
• lower intensity. No structure shall be built or located on or in an easement. The use of an
access easement by a structure shall only be allowed upon vacation /alteration of the
easement in accordance with provisions established in the city /county subdivision
ordinance. The standard structure setback in each district is shown in Table 5 -1.
E. Setbacks for Residential Accessory Structures.
1. Residential Accessory Structures Requiring a Building Permit: The minimum setback for
residential accessory structures in the residential districts shall be at least five feet from
the side property line, five feet from the rear property line, and up to, but not within, the
required front yard setback; provided, that the accessory structure(s) shall not encroach
on a public easement and applicable street setbacks are observed.
2. Residential Accessory Structures Not Requiring a Building Permit:#odeeidential
side or rgar property line if the structure will not encroach on a public aaement and
applicable strcct setbacks arc, obcerved.The minimum setback for a residential
accessory structure in a residential district shall be at least five feet from all side and rear
property lines, existing structures, and up to, but not within the required front yard
setback provided that the accessory structure shall not encroach on an easement.
F. Maximum Building Height. Maximum building height is intended to maintain building
heights compatible with the character and intent of the district. The maximum building height
in each district is shown in Table 5 -1.
G. Fences and Walls— Standard Height. The following provisions shall govern the location
and height of fences and walls:
1. In the front yard: fences and walls may be placed on or behind the property line.
ink However, no fence or wall shall exceed four feet in height within the required front yard
setback area. In residential districts, six feet shall be the maximum height in the front
yard behind the required setback. See Figure 5 -1, Typical Residential Fence Location.
In commercial and industrial districts, eight feet shall be the maximum height in the front
yard behind the required setback.
2. In the side yard and street side yard: fences and walls may be placed on or behind the
property line. In residential districts, six feet shall be the maximum height, provided that
no six foot street side yard fence shall extend past the front corner of the dwelling into
the front yard or be located within the clearview triangle. See Figure 5 -1, Typical
Residential Fence Location. In the commercial and industrial districts, eight feet shall be
the maximum height.
3. In the rear yard: fences and walls may be placed on or behind the property line. In the
residential districts six feet is the maximum fence or wall height in the rear yard;
provided, that when the rear yard abuts a designated, arterial, the maximum height shall
be eight feet. Eight feet is the maximum rear yard fence height in the commercial and
industrial districts.
4. Within the clearview triangle: no fence, hedge or wall, exceeding 2.5 feet in height, shall
be placed in the clearview triangles established in YMC 15.05.040.
5. Fences over six feet in height: All fences over six feet in height shall meet the provisions
of the International Building Code.
6. Fence height in combination with a retaining wall: No combination of a fence and
retaining wall shall exceed a height of ten feet, measured from the lower elevation,
except, existing retaining walls at the time of the passage of this title will be allowed a
three - and - one - half -foot fence above the retaining wall.
44
•
ROADWAY CENJERL6VE
CLEARNEW JRJANIZE
�... ® ter`
PROPE??7] L • •r
H, HOUSE
JaE
J ••• Fes'
J IS' FRONT
1 1 .
7 Aor RE
•�
1_40' SIDE SJAf/CIURE
1 g78A
_ UNE
LRV£
Figure 5 -1
Typical Residential Fence Location
H. Access Required. All new development shall have a minimum of twenty feet of lot frontage
upon a public road or be served by an access easement at least twenty feet in width. The
purpose of this standard is to provide for vehicular access to all new development; provided,
411
the construction of single - family and two - family dwellings on existing legally established lots
is exempt from the requirements of this section.
I. Recreational Screen. A recreational screen is a protective device for recreational purposes
designed to keep recreational equipment within or outside of a designated area. Such uses
are typically associated with schools, parks, golf courses, swimming pools, ballfields, and
playgrounds. The specific standard for screen height in Table 5 -1 does not apply to
recreational screening as established by this title. The height and materials for screens will
be evaluated by the administrative official based on the need, safety requirements, and
relationship to residential and commercial properties and streets.
J. Sidewalk Requirement. Sidewalks on one side of the street are required with new
construction (except single - family structures). A sidewalk is required if one exists within two
hundred feet of the development on the same side of the street. Replacement of existing
sidewalk is required only if existing sidewalk presents a safety hazard, except that for
applications under the jurisdiction of the City of Yakima, the provisions of Title 12 of the
Yakima Municipal Code shall prevail over the provisions of this section to the extent of any
conflict between such provisions.
K. Swimming Pools. Swimming pools are permitted as an accessory use to: dwellings,
hotels /motels, boardinghouses, retirement homes, other residential uses, schools, and
recreational facilities when all of the, following provisions are met:
1. Setbacks.
a. Front yard: The swimming pool, apron, and pumphouse meet the required front yard
setback in Table 5 -1.
b. Side and rear yard: The swimming pool and pumphouse are set back at least three
feet from the property line. The swimming pool apron may extend up to the property
line.
45
c. From an easement: The swimming pool, apron, and pumphouse may extend up to,
but shall not encroach upon, an easement.
2. Fencing. The area around the pool is enclosed by a protective fence not less than four
feet in height.
L. Development within the State Fair Park. The following structures may be developed,
maintained, altered, expanded, or erected within the State Fair Park without further zoning
review provided such development is consistent with YMC 15.04.200(C), Allowable Uses,
SEPA mitigation where required, the development standards of this code and other
construction permit requirements:
1. Administrative and operational offices.
2. Auditoriums, meeting and exhibit halls.
3. Bars and drinking facilities.
4. Campgrounds.
5. Caretaker and /or employee residential quarters.
6. Equestrian facilities.
7. Exposition structures.
8. Grandstand facilities.
9. Libraries and museums.
10. Livestock barns.
11. Motorized sports facilities.
12. Parking facilities.
Section' 6. Section 15.05.030 of the City of Yakima Municipal Code is hereby amended
to read as follows:
15.05.030 Creation of new Tots— Subdivision requirements.
A. Table of Subdivision Requirements. The provisions of this section and the requirements
set forth in Table 5 -2 are hereby established for all subdivisions in the zoning districts
indicated. In the case of conflict between the text and tables, the text shall govern.
Additional subdivision requirements are established in YMC Title 14.
B. Maximum Number of Dwelling Units Permitted Per Net Residential Acre. Maximum
number of dwelling units permitted per net residential acre is used to determine the
maximum number of dwelling units permitted within a single subdivision, short subdivision,
mobile home park, multifamily development, or planned residential development. This
standard is intended to:
1. Assure that residential densities in new subdivisions, multifamily developments, or
planned residential developments are compatible with the existing or planned level of
public services and the density of the zoning district;
2. Permit the clustering of dwelling units (when clustering occurs, open space shall be
provided in accordance with YMC 15.09.030); and
3. Permit a variety of residential dwelling types within a development.
The following formula shall be used to determine the maximum number of dwelling units
permitted for any particular subdivision, short subdivision, mobile home park, multifamily
development or planned residential development
THE MAXIMUM NUMBER OF UNITS PERMITTED ON A SITE = (the total site area in
acres) — (the area of streets, rights -of -way, and access easements, in acres) X (the
maximum number of dwelling units permitted per net residential acre).
46
Any fraction of dwelling units shall be rounded up to the next highest whole number. Once
•
approved under the provisions of this title, no subdivision, resubdivision, or short subdivision
shall be further modified or divided in a manner that will raise the density of the subdivision
beyond the maximum number of dwelling units permitted per net residential acre by Table 5-
2; provided, that development exceeding the maximum number of dwelling .units per net
residential acre may be allowed in the R -1 and R -2 districts as a Class (3) use in
accordance with Table 4 -1. This higher- density development shall be allowed only on those
limited occasions when, after Class (3) review, the hearing examiner finds that the location
and site plan of the project is such that the higher density would be compatible with
neighboring land uses and the level of public services, and is consistent with the goals and
objectives in the Yakima urban area comprehensive plan.
The application of this provision shall not prohibit the subdivision of land already developed
with more dwelling units than would be permitted by this section when:
1. The Tots created meet the lot size and lot width requirements established in Table 5 -2;
2. The existing structures meet the building area and setback requirements in Table 5 -1;
and
3. No new dwelling units are built.
C. Minimum Lot Size. Minimum lot size is the smallest lot size permitted in a particular zoning
district when land is subdivided, short platted, resubdivided, or when lot lines are adjusted.
No lot shall be created that is smaller than the applicable minimum lot size standard
established in Table 5 -2.
1. In residential districts, this standard is intended to maintain the residential character of
the area and will vary by dwelling type, the suitability of the land for development, and
the type of water and sewer system. The following are the minimum lot size
requirements in the residential districts, except when the Yakima health district
4110
determines that a larger area is necessary for the safe installation of approved water
supply and sewage disposal systems:
Situation Required Minimum Lot Size
In the floodplain, airport, and greenwayOne acre (provided the minimum lot size of the
overlay districts: underlying zoning district shall apply, when, in the
opinion of the reviewing official, the lot has a
buildable area outside the overlay district and a
plat restriction prohibits development on that
portion of the lot within the overlay district).
Individual water system and individual sewer
system: One -half acre.
Public or community water system and an
individual sewer system: 14,500 square feet.
Individual water system and the regional or
an approved community sewer system: 9,600 square feet.
Public or community water system and the
regional or an approved community sewer
system: See Table 5 -2.
2. The smaller lot size for zero lot line, attached, and multifamily dwellings does not permit
an increase in the maximum number of dwelling units per net residential acre
established in subsection B of this section. Any lots created for zero lot line, attached,
•
and multifamily dwellings shall be so designated on the face of the plat or short plat.
47
0 3. In the local business district, the minimum lot size is intended to maintain the character
of the district and provide adequate space for off - street parking and landscaping.
4. The minimum lot sizes in the small and large convenience center districts and industrial
districts are intended to accommodate the large uses permitted in these districts and
maintain vacant land in relatively large parcels that can be easily assembled when
development is proposed.
D. Standard Lot Width. Standard lot width is the minimum lot width generally permitted in a
particular zoning district. The intent of this standard is to prevent irregularly shaped lots
along, and to control access to, rights -of -way.
E. Concurrent Subdivision and Zoning Review Required. Any application for a long
subdivision which proposes a use or configuration of land or improvements requiring Class
(2) or (3) review under this title shall, at or prior to the filing of such application, also file an
application for such review under this title. Such application shall be heard by the hearing
examiner concurrently with the subdivision application using the procedures for Class (3)
review.
Table 5 -1 Design Requirements and Standards
TABLE 5 -1 DESIGN REQUIREMENTS AND STANDARDS
SITE DESIGN REQUIREMENTS ZONING DISTRICTS
AND STANDARDS SR R1 R2 R3 HB B1 B2 SCC LCC CBD GC AS RD M1 M2
DEVELOPMENT ON EXISTING
LOTS OR PARCELS See Sections 15.05.020 and 15.19.040
LOT COVERAGE 45%60%
0 50% 80% 85% 90% 100%
Arterials 2 60 40
Collector
Arterials 2 50
FRONT Local Access 2 45 30
Y Private Road 2 37.50
U Private Access
m Easement 3 10
w Arterials 2 50 40
w Collector
o: Arterials 2 40
U Local Access 2 30
D .c Private Road 2 32.50
`" SIDE Private Access
(4 Easement3,
Q 5 or 5 10 0
Property Line 7
Z Residential 20 1 30
co
District 4 5 or 1/2 building height whichever is greatest
AIIey or Property 15 0
REAR s Line 15
Residential 20 1 30
District or 1/2 building height whichever is greatest
48
MAXIMUM BUILDING HEIGHT (in 35 50 35 50 N/A 50 N/A
•
feet)
STANDARD FENCE HEIGHT 6 See YMC 15.05.020(G)
STANDARD In Required Front Not Permitted
SCREEN Setbacks
HEIGHT . Behind Required Front
Setbacks 15
NOTES:
1. Landscaping may be required pursuant to YMC Ch. 15.06.
2. The setback is measured from the centerline of rights -of -way (or access easement, in the
case of private roads). In the Residential districts, the minimum front yard setback shall be
20 feet from the front property line and the minimum side yard setbacks shall be 10 feet
from the side property line abutting the right -of -way.
3. The setback is measured from the edge of the access easement.
4. Measured from abutting residential district.
5. Additional setbacks may be required to conform to sitescreening requirements in YMC Ch.
15.07.
6. The rear setback from arterials, collectors, and local access streets shall be the same as the
front yard setback requirements from arterials, collectors, and local access streets, provided
the required rear setbacks shall not be less than the required setbacks from the property
line. (See also Note 3)
1 7. Zero lot line dwelling units are allowed a zero foot setback from one side property line not
abutting a right -of -way. (See YMC Ch. 15.09).
Table 5 -2 Subdivision Requirements
Table 5 -2 Subdivision Requirements
Subdivision Requirements Zoning Districts
SR R1 R2 R3 HB B1 B2 SCC LCC CBD GC AS RD M1 M2
Maximum Number Of Dwelling Units See YMC Ch. 15.04, Table 4 -1
Permitted Per Net Residential Acre
ai - Detached S.F. Dwelling 7,000.
U 6,000 ai
N v a () S.F. Dwelling, Zero Lot
1 >- Line (4) 76,000 Where Permitted
o a) j - ° S.F. Dwelling, Common 5,000 4,000 a
c '- Wall o
E
a "E" Two-Family Dwelling 8,000 7,000
E N ' i~
CB a� Multifamily Dwellings Density May Not Exceed Maximum Number Of
a And PD - Residential Dwelling Units Permitted Per Net Residential Acre
Permitted Nonresidential Uses 10,000 5,000 10,000 None 1 � 2
Acre
Standard LotALL Except Common 50 None 60
Width (2) (in Wall Dwelling (Per Unit) 60
feet) Common Wall Dwelling 50 35 35 Where Permitted
(Per Unit)
• NOTES:
49
• 1 1. In the Residential Districts, these minimums apply when lots are served by a public or
community water system and either the regional or approved community sewer system.
2. The lot width at the rear line of the required front yard shall not be Tess than 50 feet. (Note:
this provision only applies to those districts with a minimum lot width of 50 feet or larger.)
1 3. One acre shall be the minimum lot size in Residential Districts within the Floodplain and
Greenway Overlays.
4. See Special Development Standards for Zero Lot line Development, YMC 15.09.040.
1 5. Lots created for utility purposes may be created below the minimum lot size listed in YMC
Ch. 15.05, Table 5 -2, as long as the lot is designated as "nonbuildable lot for utility
purposes" on the face of the plat and the proposed lot is reviewed for compatibility. The lot
must still meet the minimum lot width established in YMC Ch. 15.05, Table 5 -2, and
structures built on the lot must still meet the setback requirements in YMC Ch. 15.05, Table
5 -1.
Section 7. Section 15.06.040 Figure 6 -1 of the City of Yakima Municipal Code is hereby
amended as follows:
.. , ,M 5.
- ET £
o
a
AROMA?. S
.
• .5% lA40 AVE _ x. t -
E .
LOC *LEY AYE
;A,..:A .5 , -4). yfJ
g a
0.4s.-- a
= 4 - _
-
• w -5 , A � X - L *U -
r_.c 9
: 3 S Y =
- . ? N , s
4 w =
t � m
— .az mss: 7f 1 } ::
y> 7 V 0:79' LS 7� E <- _ E i
, � S- E. :v Pte's:.
% a _
.- -
9 - gl;.-' . __ _ ___._ _� '."'- Parking Exempt Boundary
•
50
Section 8. Section 15.09.070 of the City of Yakima Municipal Code is hereby amended
•
to read as follows:
15.09.070 — Special Requirements for Animal Husbandry
A. Purpose. The purpose of this section is to assure that the raising of domesticated farm
animals within the urban area is compatible with adjoining residential uses and the intent
and character of the district they are located in.
B. Minimum Lot Size. The minimum lot size for animal husbandry within the Yakima urban
area is one -half acre. A lot at least one -half acre in size shall be deemed to meet this
requirement even though a portion of the lot may be used for a single - family dwelling.
C. Project Review. Animal husbandry operations, which would create noise and odors attract
insects or rodents or are otherwise incompatible with surrounding residential uses or the
intent of the zoning district, may be conditioned or denied by the reviewing official in
accordance with the provisions of this section and YMC 15.09.070.
D. Minimum Setback.
. No portion of any structure used to house a domesticated farm animal shall be located
within one hundred (100) feet of any residence other than the a_dwelling on the same lot;
and-
2. No portion of any structure used to house a domestic farm animal shall be located within
ten (10) feet of a residence where the residence and domestic farm animal structure are
located upon the same lot/tax parcel.
E. Maximum Number of Animals. The maximum number of animals that may be kept on the
site at any time of the year shall be the number of animals that can be sustained by the
pasture on which they are kept as their primary source of food, except during the winter
months. The burden of proving that the pasture can sustain the number of animals in
question shall be on the applicant.
F. Fencing. Fencing adequate to contain the animals shall be provided and maintained.
Section 9. Section 15.28.025 of the City of Yakima Municipal Code is hereby amended
to read as follows:
15.28.025 — Minimum Project Size
The minimum project size for a Master Planned Development shall be ten two (l-82) acres. All
properties included in the Master Development Plan shall be contiguous with logical outer
boundaries.
Section 10. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
Section 11. The findings within the October 19, 2011, Yakima Planning Commission's
Recommendation, regarding these proposed text amendments are hereby adopted by the
Yakima City Council as its findings in support thereof pursuant to YMC § 15.23.030 (F), and are
incorporated herin by this reference as if fully set forth herein.
PASSED BY THE CITY COUNCIL, signed and approved this day of
December, 2011.
Micah Cawley, Mayor •
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ATTEST:
City Clerk
Publication Date:
Effective Date:
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CITY OF YAKIMA PLANNING COMMISSION
FINDINGS OF FACT, AND RECOMMENDATION
City of Yakima 2011 Urban Area Zoning Ordinance Amendments
October 19, 2011
WHEREAS, the City of Yakima, hereafter referred to as the "City" pursuant to
• RCW 36.70A.040 is required to plan under the provisions of the Growth Management
Act; and
WHEREAS, pursuant to RCW 36.70A.130(1) the City is required to take
legislative action to review and revise its comprehensive plan and development
regulations in accordance with the Growth Management Act; and
WHEREAS, pursuant to RCW 36.70A.020
goals
development and adoption of comprehensive plans and a adopt on of development
regulations; and •
WHEREAS, on March 15, 2011, the City of Yakima adopted ordinance 2011 -12
updating Yakima Municipal Code (YMC) Title 15 Yakima Urban Area Zoning Ordinance;
and
WHEREAS, following February 9, 2011, the City's Planning Division and
Planning Commission, hereafter referred to as the "YPC" reviewed the text and tables of
its 2025 Comprehensive Plan; and Urban Area Zoning Ordinance (UAZO) and identified
the need to modify certain sections; and
WHEREAS, on February 23, 2011, the YPC approved its work program for the
year 2011, which included review of the following topics among others and sections of
the City's YMC Title 15:
1. Review of the permitted and use classifications in Table 4 -1 for the purpose of
combining and eliminating permitted land use categories.
2. Review of Table 4 -1 to determine the appropriate level of review for various land
use categories.
3. Expansion of the Parking Exempt Area (YMC 15.06.040, Figure 6 -1).
4. Review of the Maximum Lot Coverage, Rear -yard Setback, and Lot Size
standards of the SR, R -1 and R -2 zoning districts, and
WHEREAS, on March 2, 2011, the City's Council Economic Development
Committee reviewed and accepted the YPC's 2011 work program, and
Findings of Fact by the City of Yakima Planning Commission regarding City of Yakima 2011 Zoning
Ordinance Amendments 1
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WHEREAS, on September 2, 2011, the City submitted a Zoning Ordinance
amendment application and State Environmental Policy Act (SEPA) Checklist, and
WHEREAS, pursuant to RCW 36.70A, and YMC 15.23.020, the YPC is
authorized to make a recommendation to the Yakima City Council, hereafter referred to
as the "Council" for their review, consideration, and adoption of development regulation
amendments; and
WHEREAS, pursuant to City Ordinance #2004-14 and RCW 36.70A.130 (2) the City
followed its adopted public participation program, which included the following:
1. Twenty days of public comment starting September 09, 2011, and ending on
September 29, 2011;
2. Posting on the City of Yakima's web site of the draft zoning amendments on
September 9, 2011; and
3. Published notice in a local newspaper of general circulation, issued a press
release to local media, and posted notices at the Planning Division on
September 9, 2011; and
WHEREAS, pursuant to RCW 36.70A.106 notice of all amendments to the City's
development regulations were sent to the Washington State Department of Commerce
prior to the amendments being considered for adoption; and
WHEREAS, On March 2, 2011 thru August 24, 2011, the YPC held multiple study
sessions to review the proposed zoning amendments; and
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WHEREAS, pursuant to the State Environmental Policy Act (SEPA) WAC 197 -11
and YMC 6.88, and prior to the Commission's hearing, the City issued a Determination
of Non - significance (DNS) on the proposed zoning ordinance amendments on
September 9, 2011, and
WHEREAS, on September 30, 2011, pursuant to the State Environmental Policy Act
(SEPA) WAC 197 -11 and YMC 6.88, the City's Planning Division retained its DNS on the
proposed amendments, and
WHEREAS, an open record public hearing regarding the proposed text
amendments occurred on October 19, 2011, where all persons desiring to comment on
the proposed amendments were given a full and complete opportunity to be heard; and
WHEREAS, the Commission following public comment and deliberation reviewed
and revised staffs recommended amendments; and those proposed revisions were
approved by staff; and
NOW, THEREFORE, BE IT RESOLVED by the Commission that, in making the
hereinabove recommendation, that these proposed amendments to the YMC Title 15
Findings of Fact by the City of Yakima Planning Commission regarding City of Yakima 2011 Zoning
Ordinance Amendments 2
4110
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Yakima Urban Area Zoning Ordinance have been sufficiently considered, and the
Commission hereby enter the following Finding of Fact:
FINDINGS OF FACT
1. Pursuant to the provisions of Chapters 36.70 and 36.70B RCW the
Commission has the legal authority to make a recommendation concerning
the adoption of official controls that implement comprehensive plans.
2. The Commission held multiple study sessions from March 2, 2011, thru
August 24, 2011, regarding the draft ordinance and suggested various
changes to the draft ordinance which were incorporated prior to the required
public hearing on October 19, 2011.
3. The Commission held the required public hearing on the above specified
date and approved the proposed amendments subject to a change to the
General Retail Sales 10,000 sq. ft. more and Tess" to "General Retail Sales
12,000 sq. ft. more and less ", as identified in the minutes of the October 19,
2011, public hearing.
4. The Commission finds that the proposed amendments will have the following
benefits:
a. The amendments to Table 4 -1, Permitted Land Uses are expected to
provide the public and development community a simplified land use
code that encourages increased opportunity for economic
development within the City of Yakima's commercial and industrial
zoning districts.
b. The amendments to Table 5 -1 and 5 -2 are envisioned to provide:
i. Increased residential density and flexibility in accordance with
the goals and policies of the Washington State Growth
Management Act; and
c. Provide a wider array of affordable housing choices which better
accommodate the needs of the citizens of the City of Yakima.
d. The expansion of the Parking Exempt Area, Figure 6 -1 will relieve
certain businesses in the downtown area from having to provide off-
street parking, while increasing the viability of the existing buildings.
e. The proposed amendments for "Accessory Structures 120 sq. ft. or
less" will alleviate a loophole between the City of Yakima's YMC Title
15 UAZO and International Residential Building Code correcting a
potential fire safety issue.
Findings of Fact by the City of Yakima Planning Commission regarding City of Yakima 2011 Zoning
Ordinance Amendments 3
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f. The revised definition for pets will provide the ability for citizens to
keep a limited amount of rabbits and chickens in residential zones
that support a single - family or residence; thus fostering sustainability.
5. The Commission finds that the City provided timely public participation in
consideration of the proposed amendments, consistent with RCW
36.70A.140, WAC 365- 195 -600, and its adopted Public Participation
Program Guidelines.
6. The Commission considered public testimony related to the proposed
amendment.
7. The Commission concurs with the Determination of Non - significance (DNS)
that was issued on September 9, 2011, for the proposed amendments.
8. The Commission members present voted unanimously to recommend
approval of the amendments as set forth in Attachment "A ".
9. The Commission's recommendation is consistent with and implements the
City's Comprehensive Plan goals and policies.
III RECOMMENDATION
It is for the above reasons that the Commission recommends that Council adopt
the City of Yakima's 2011 Amendments to the City's YMC Title 15 Yakima Urban
Area Zoning Ordinance with a revision date of October 19, 2011.
Motion
Based upon the findings outlined above, it was moved and seconded that the City of
Yakima Planning Commission recommends APPROVAL of the submitted Zoning
Ordinance amendments. The motion was carried by a unanimous vote.
Benjamin W. Shoval, Chairman Date
Yakim ning Commission
i t jC (7.0 ∎
Findings of Fact by the City of Yakima Planning Commission regarding City of Yakima 2011 Zoning
Ordinance Amendments 4
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