Loading...
HomeMy WebLinkAbout04-24-2024 YPC Agenda Packet The meeting will also be recorded and posted on the Y-PAC website. Visit the Yakima Planning Commission webpage for more information, including agenda packets and minutes. DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov ∙ www.yakimawa.gov/services/planning/ypc/ CITY OF YAKIMA PLANNING COMMISSION Yakima City Hall Council Chambers 129 N 2nd Street, Yakima, WA 98901 April 24, 2024 3:00 p.m. – 5:00 p.m. YPC MEMBERS: Chair Jacob Liddicoat, Vice-Chair Lisa Wallace, Charles Hitchcock Leanne Hughes-Mickel, Mary Place, Colleda Monick, and Frieda Stephens City Council Liaison: Rick Glenn, Janice Deccio CITY PLANNING STAFF: Eric Crowell (Senior Planner), Connor Kennedy (Assistant Planner), Lisa Maxey (Admin. Assistant), Eva Rivera (Planning Technician), Irene Linos (Temp. Department Assistant I) AGENDA I. Call to Order II. Roll Call III. Staff Announcements IV. Approval of Minutes of March 27, 2024 V. Text Amendments – Title 15/16 Appeal Sections VI. Text Amendments – Mixed Use/Downtown Development, Class 1 Uses, and Signs VII. Public Comment VIII. Other Business IX. Adjourn Next Meeting: May 8, 2024 - 1 - City of Yakima Planning Commission (YPC) Meeting Minutes March 27, 2024 Call to Order Chair Liddicoat called the meeting to order at 3:01 p.m. Roll Call YPC Members Present: Chair Jacob Liddicoat, Leanne Hughes-Mickel, Mary Place, Charles Hitchcock, Frieda Stephens YPC Members Absent: Lisa Wallace, and Colleda Monick (both excused) Staff Present: Eric Crowell; Senior Planner/Acting Planning Manager, Eva Rivera; Planning Technician Staff Announcements – Crowell announced the following: • On April 2nd the City Council will hold the public hearing for the rezone at 1104 & 1112 S. 48th Ave from B-1 to B-2, and the title 14 text amendments to the subdivision ordinance, for final approval. March 27, 2024 Meeting Minutes – It was motioned by Commissioner Place and seconded by Commissioner Stephens to approve the meeting minutes of March 27, 2024, as presented. The motion carried unanimously. Text Amendments – Mixed Use/Downtown Development, Class 1 Uses, and Signs – Crowell reviewed the changes he had made since the last meeting and requested feedback from the commission on how to make the design standards more understandable. The commission agreed to separate the sections by zoning area. He continued with mixed-use layout and asked the commission if the 80 percent standard was too high. The commission then engaged in a discussion regarding the percentage requirement. Crowell went on about the 75 percent standard of transparency for the ground floor including both doors and windows required as of now and included examples from other cities. The commission discussed and Chair Liddicoat suggested looking at the Crowell went on about the 75 percent standard of transparency for the ground floor including both doors and windows required as of now and included examples from other cities. The commission discussed and chair Liddicoat suggested looking at the last 3 mixed-use reviews and look at their ratio to base a decision. Public Comment – Anne Knapp, a Yakima resident, has some questions and suggestions about the proposed text amendments discussed during the meeting. Other Business – Commissioner Place questioned if the next meeting on April 10 would be canceled. Crowell responded by explaining that the initial consideration for postponing the meeting was due to concerns about meeting the required quorum he indicated that after gathering more information, it was determined that the next meeting could proceed as planned. Chair Liddicoat asked if there was a way the commission could propose a text amendment that they could review and suggest candidates to the council. Crowell answered he would look into it to see if that was a possibility. Commissioner Stephens had a question for Crowell about residential mini-storages in residential zoning. Crowell answered that it could be due to a zoning change after they were permitted. - 2 - Adjourn – A motion to adjourn to April 10, 2024, was passed with a unanimous vote. The meeting adjourned at approximately 3:55 p.m. Chair Liddicoat Date This meeting was filmed by YPAC. Minutes for this meeting submitted by: Eva Rivera City of Yakima Planning Commission Zoning Updates—Appeals April 24, 2024 City Council currently has the authority to make decisions on appeals of Hearing Examiner decisions, along with appeals of administrative decisions that were first appealed to the Hearing Examiner. Staff has been directed to review Titles 15 and 16 for the purpose of removing City Council from the appeal process, in which a further appeal would instead go directly to Superior Court. 15.20.040 Hearing examiner—Duties and powers. A. Office. The office of the hearing examiner, herein referred to as hearing examiner, is hereby recognized. The hearing examiner shall perform the duties and functions established by this or any other title. Unless the context requires otherwise, the term “hearing examiner” as used herein shall include deputy examiners and examiners pro tem. B. Authorities and Duties. The examiner shall receive and examine available information, conduct public hearings and keep a record thereof, and enter decisions as provided for herein. C. Effect of Decisions. 1. The decision of the hearing examiner on the following matters shall be final unless such decision is appealed to the legislative body pursuant to YMC 15.16.060005: a. Type (3) review decisions; b. Variance requests; c. Home occupationsInterpretation requests; d. Unclassified home occupation decisions; d.e. Revocation proceedings under YMC Chapter 15.24; e.f. Nonconforming uses; f.g. Appeals of decision by the building official or administrative official; and g.h. Any other authorized decision not expressly listed in subsection (C)(2) of this section. 2. The decision of the hearing examiner on rezone applications shall constitute a recommendation to the legislative body; provided, that rezone applications initiated by the city to implement a newly adopted or amended comprehensive plan, or which are of broad general applicability, shall be heard by the city of Yakima planning commission. 15.20.060 Legislative body. The legislative body shall have the following authority and duties: 1. Decide appeals from the hearing examiner as specified in YMC Chapter 15.16; 2.1. Amend this title through the procedures outlined in YMC Chapter 15.23; 3.2. Amend the Yakima urban area comprehensive plan; and 3. Perform any other act or duty authorized by law. 15.13.070 Appeals. Any decision by the administrative official to deny issuance of a permit for a Class (1) use may be appealed to the hearing examiner under the provisions of YMC 15.16.030. 15.15.070 Appeals. Decisions by the hearing examiner under Type (3) review may be appealed to the legislative body in accordance with YMC Chapter 16.0815.16. 15.21.080 Appeals. The hHearing examiner’s decision may be appealed to the legislative body in accordance with YMC Chapter 15.16. 15.27.423 Appeals. Formatted: Indent: Left: 0.38", No bullets ornumbering Formatted: Font: (Default) Open Sans, 10.5 pt, Fontcolor: Custom Color(RGB(33,37,41)) Formatted: List Paragraph, Numbered + Level: 1 +Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment:Left + Aligned at: 0.38" + Indent at: 0.63" The decision to grant, grant with conditions, or deny a flood hazard permit shall be final and conclusive unless the applicant appeals the decision pursuant to the procedure established for appeals in Part Three of this chapterYMC Chapter 15.16. 15.29.100 Wireless conditional use permit criteria. A. Uses Requiring Wireless Conditional Use Permit. Any wireless facility listed in Table 29-1 as a wireless conditional use permit (wireless CUP) requires submittal of a wireless CUP application as described in YMC 15.29.050. Wireless CUPs require a public hearing before the hearing examiner and final approval by the hearing examiner. B. Criteria for Granting Wireless Conditional Use Permit. Before any conditional use may be granted, the hearing examiner must find that: 1. The proposed use will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the proposed use or in the district in which the subject property is located; 2. The proposed use shall meet or exceed the performance standards that are required in the zoning district the proposed use will occupy; 3. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; 4. The proposed use shall be in keeping with the goals and policies of the comprehensive land use policy plan; and 5. All reasonable and practicable measures have been taken to minimize the possible adverse impacts which the proposed use may have on the area in which it is located. C. Authority to Impose Conditions. The hearing examiner may impose any conditions necessary to address identified impacts associated with the proposed wireless facility and ensure that the facility is compatible with surrounding development. The hearing examiner may: 1. Increase requirements in the standards, criteria or policies established by this title; 2. Stipulate the exact location as a means of minimizing hazards to life, limb, property damage, erosion, landslides or traffic; 3. Require structural features or equipment essential to serve the same purpose set forth above; 4. Impose conditions similar to those set forth in subsections (C)(2) and (3) of this section as deemed necessary to establish parity with uses permitted in the same zone in their freedom from nuisance generating features in matters of noise, odors, air pollution, wastes, vibration, traffic, physical hazards, and similar matters; provided, the hearing examiner may not, in connection with action on a conditional use permit, reduce the requirements specified by this title as pertaining to any use or otherwise reduce the requirements of this title in matters for which a variance is the remedy provided; 5. Assure that the degree of compatibility with the purpose of this title shall be maintained with respect to the particular use on the particular site and in consideration of other existing and potential uses within the general area in which the use is proposed to be located; and 6. Recognize and compensate for variations and degree of technological processes and equipment as related to the factors of noise, smoke, dust, fumes, vibration, odors, and hazard or public need. D. Conditional Use Permits—Effect of Hearing Examiner Decision. The decision of the hearing examiner on a conditional use permit shall be final and conclusive with right of appeal to the city council in accordance with YMC 16.08.030Yakima County Superior Court. 15.29.110 Wireless height variance. A. Applicability. A wireless height variance is required for any major modification to an existing tower, antenna, or base station or construction of a new tower, antenna, or base station that requires a height in excess of height limits defined in YMC 15.29.070(A)(2). B. Variance from Other Standards. A major modification to an existing tower, antenna, or base station or construction of a new tower, antenna, or base station that requires variance from design criteria in YMC 15.29.070 other than height shall follow the standard variance procedures in Chapter 15.21 YMC (including review criteria). C. Criteria for Granting Wireless Height Variance. The hearing examiner shall have the authority to grant a variance from the maximum height allowed for a tower, antenna or base station when, in his/her opinion, the conditions as set forth herein have been found to exist. A wireless height variance is subject to: 1. Compliance with standard wireless permit standards of YMC 15.29.120(D); 2. Standard variance procedures in Chapter 15.21 YMC (not including review criteria); and 3. All of the following criteria must be met: a. The additional height is necessary to provide adequate service and no other alternative is available; b. A significant portion of the tower and related facilities are screened by existing evergreen trees or existing structures; c. Strict application of current height limits would deprive a tower or antenna operator from achieving the minimum height required to meet the proven wireless need; d. The structure for which the variance is requested is in harmony with the general purpose and intent of this chapter; e. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity; f. Any visual impacts will be mitigated to the greatest extent possible using camouflage, stealth or screening as defined by this chapter; g. The location of the tower and antenna has been chosen so as to minimize the visibility of the facility from residentially zoned land and to minimize the obstruction of scenic views from public properties; and h. The variance is the minimum necessary to grant relief to the applicant. D. Decision. Based upon the information provided by the applicant, the results of the visual impact analysis, and findings of compliance or noncompliance with the criteria set forth herein, the examiner may: 1. Approve an application for a variance, which may include additional requirements above those specified in this title or require modification of the proposal to comply with specified requirements or local conditions; or 2. Deny a variance if the proposal does not meet or cannot be conditioned or modified to meet subsection C of this section. E. Burden of Proof. The applicant has the burden of proving that the proposed wireless height variance meets all of the necessary criteria. F. Wireless Height Variance—Effect of Hearing Examiner Decision. The decision of the hearing examiner on a wireless height variance shall be final and conclusive with right of appeal to the Yakima County Superior Court. City of Yakima Planning Commission Zoning Updates April 24, 2024 1. Mixed-Use Since the mixed-use standards were updated recently, staff has identified some clarifications intended to make the section more useable. We would also like to explore whether the mixed- use standards should apply generally to both multifamily and commercial development in the CBD. 15.09.025 Mixed-use buildings and downtown business district multifamily development. A. Purpose and Intent. 1. To provide a streamlined process for new development or redevelopment projects that include a mixture of high density residential along with complementary retail, commercial, or professional uses at a scale that is compatible with the surrounding neighborhood. 2. These standards shall also apply to new multifamily or commercial development or multifamily or commercial redevelopment in the downtown business district. MNew or redevelopedultifamily multifamily or commercial uses within this area shall comply with all of the following development and design standards excluding those which are only relevant to the nonresidential portion of a mixed-use building. 3. a. For the purpose of implementing this section, the “downtown business district” shall be defined as the downtown business district exempt area—See YMC 15.06.040, Figure 6-1. B. Level of Review—Mixed-use building Uses. 1. MA new or redeveloped mixed-use building and downtown business district multifamily development is a Class (1) permitted use, requiring Type (1) review, in applicable zones and is determined to be the appropriate level of review for any combination of Class (1) and Class (2) uses listed in those zones. 2. Any combination of uses which includes a Class (3) permitted use shall undergo Type (2) review. 3. The mixed-use building/development land use shall not allow contain any use which is otherwise not permitted in the zone. 4. A new mixed-use building that does not meet the layout requirement of subsection (D)(1) of this section shall undergo Type (2) review or be reviewed based upon its particular uses as listed in Table 4-1, whichever is higher. 5. An existing building that does not meet the layout requirement of subsection (D)(2) of this section shall still be subject to the other development standards of that subsection.A new mixed-use building located in the downtown business district shall also comply with YMC 15.09.026. C. Prohibited Uses. The following uses are prohibited in a mixed-use building/development project: 1. All wholesale trade—Storage uses. 2. All transportation uses. 3. All utilities uses. 4. All automotive sales, maintenance and repair, carwash/detailing, paint and body, parts and accessories, and towing uses. 5. Boats and marine accessories. 6. Farm and implements, tools and heavy construction equipment. 7. Farm supplies. 8. Fuel oil and coal distributers. 9. Lumber yards. 10. Nurseries. 11. All rental uses. 12. Repairs: reupholstery and furniture. 13. Repairs: small engine and garden equipment. 14. Service stations. 15. Truck service stations and shops. D. Development Standards. 1. Mixed-Use Layout. A mixed-use building should not have any residential dwelling units located on the ground floor, whenever feasible. There shall be aA minimum of fifty percent of the total floor area shall be residential dwelling units, and least eighty percent of the ground floor shall be dedicated for community facility or commercial use. How should the measurement be defined? Total floor area, lineal frontage, or both? Examples: Bremerton: “Pedestrian oriented uses required on a minimum of [50 percent / 60 percent] “at the ground floor façade.” Pasco: “At least 30 percent of the floor area of the ground floor or a portion of a mixed- use development must be dedicated to commercial uses that are accessible to pedestrians when located on streets other than principal arterials. These standards shall be applicable for street frontages on arterial streets when they are the main street frontages.” Vancouver (WA): single buildings: “A minimum of 50% of the lineal street front of the ground floor of mixed use buildings along arterial or collector streets shall be devoted to commercial or office uses. Parking garages devoted in whole or part to commercial or office uses may be counted towards this requirement, but surface parking may not. Mixed use buildings along lesser classification streets shall not face this requirement. Multiple buildings: “At least 20% of the combined gross floor area of the buildings proposed on the site shall be devoted to residential uses, and at least 20% to nonresidential uses. Parking garages or portions of garages devoted to residential or nonresidential uses may be counted towards this requirement, but surface parking may not.” Analysis of Recent Mixed-Use Buildings in Downtown Yakima: Location Ground floor Dwellings Footprint 17 N. 3rd St. 67% commercial 27 27,700 sq. ft. 105 S. 1st St. >75% commercial 16 7,094 sq. ft. 22 N. 2nd St. 2 3,500 sq. ft. 316 E. Yakima Ave. 72% commercial 8 12,200 sq. ft. 2. Height Bonus. In the B-1, B-2, and SCC zoning districts, the maximum height of the building (YMC 15.05.030, Table 5-1) may be increased to fifty feet if all of the following are met: a. The majority of the additional building height is used to increase the number of dwelling units; b. The additional building height is necessary to accommodate off-street parking requirements. c. Additional onsite landscaping is provided equal to a minimum of fifteen percent of the parking area. E. Design Standards. 1. Entrances. Primary pedestrian entrances to the building shall face the street frontage or face common open space which is oriented toward the street. 2. Transparency. a. There shall be windows on all sides of the building facing streets and pedestrian ways. b. All floors above the ground floor of a mixed-use building shall contain transparency consistent with the Washington State Energy Code, including both doors and windows. c. Within the downtown business district, the ground floor of a mixed-use building shall contain transparency for the majority of the wall between two and ten feet above ground level, including both doors and windows, as measured along street but excluding alleys. Ground floor transparency shall be visually distinct from the above floors by not repeating the exact dimensions and placement of windows. How should the measurement be defined? Total wall area, lineal frontage, or both? Formatted: Numbered + Level: 1 + Numbering Style:1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.31" + Indent at: 0.56" Formatted: Indent: Left: 0.56" Formatted: Numbered + Level: 1 + Numbering Style:a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.56" + Indent at: 0.81" Formatted: Numbered + Level: 1 + Numbering Style:a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.56" + Indent at: 0.81" Formatted: Numbered + Level: 1 + Numbering Style:a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.56" + Indent at: 0.81" Formatted: Numbered + Level: 1 + Numbering Style:A, B, C, … + Start at: 5 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Formatted: Numbered + Level: 1 + Numbering Style:1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Numbered + Level: 1 + Numbering Style:1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Numbered + Level: 1 + Numbering Style:a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Numbered + Level: 1 + Numbering Style:a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: List Paragraph, No bullets or numbering,Font Alignment: Auto, Pattern: Clear Formatted: Numbered + Level: 1 + Numbering Style:a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Examples: Burien: “Transparent window area or window displays along the majority of the ground floor façade between 2’ and 8’ above ground level” Ferndale: between 50% of length/30% total area and 70% of length/50% total area Walla Walla: “At least 40 percent of the wall area between two feet and 10 feet in height must be pedestrian friendly. Pedestrian-friendly facades shall have one or more of the following characteristics:” [transparency, art/architectural treatment, vegetation, open space] 15.09.026 Downtown business district development. A. Purpose and Intent. 1. To establish standards for new development or redevelopment projects within the downtown business district in order to promote efficient land use and a pedestrian-friendly environment. 2. These standards shall apply to the following in the downtown business district: a. New mixed-use buildings, pursuant to YMC 15.09.025. b. New multifamily development. c. New commercial/nonresidential development, except for the following: i. Uses exempt from review per YMC 15.13.025. ii. Uses located in the light industrial zoning district. 3. For the purpose of implementing this section, the “downtown business district” shall be defined as the downtown business district exempt area—See YMC 15.06.040, Figure 6-1. B. Development Standards. 1. Parking. a. Location. Off-street parking shall be located within, behind, below, and/or to the side of the building. Any side of the building that faces a street shall not be fronted by off-street parking. However, for corner lots with more than one street frontage, at least one side of the building that faces the street shall not be fronted by off-street parking. How should a new use in which a building is traditionally set back by parking (car lot, service station, etc. be treated downtown? Higher level of review in order reduce the above standard, etc.? b. Design. Off-street parking shall be separated from abutting public rights-of-way that includes an existing or required sidewalk by a landscaping buffer a minimum of four feet Formatted Formatted: Numbered + Level: 2 + Numbering Style:1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.53" Formatted Formatted in width consisting of a combination of trees and shrubs. Fencing may substitute for the required landscaping buffer. Fencing shall be no lower than 18 inches and no higher than 48 inches in height and shall meet applicable vision clearance triangle standards. c. Parking located within a structure, whether attached to or detached from the primary structure, shall be architecturally compatible with the primary structure. Any openings within a parking structure that do not provide pedestrian or vehicular access shall be screened from view with decorative grilles or landscaping. d. These standards shall also apply to standalone parking lots and garages not otherwise part of a development or structure. e. A drive-up lane intended to arriving/departing guests, valet service, and other related functions located at the front of motels and hotels (including extended stay) is not considered to be parking for the purpose of this section. C. Design Standards. 1. Entrances. Primary pedestrian entrances to the building shall face the street frontage or face common open space which is oriented toward the street. 2. Windows Along Streets and Pedestrian Ways. a. There shall be windows on all sides of the building facing streets and pedestrian ways, excluding alleys. b. All floors of a multifamily building shall contain transparency consistent with the Washington State Energy Code, including both doors and windows. 3. Blank Walls. a. Defined. “Blank wall” means a wall or portion of a wall that has eight hundred square feet of vertical surface area without any building modulation, transparency, or other architectural feature. b. Along streets and pedestrian ways, a minimum of fifty percent of the wall between three feet and twelve feet above grade shall be treated with one or more of the following elements: i. Architectural variation including but not limited to color, material, and/or modulation. ii. Artwork, including murals and signs. iii. Shrubs, trees, trellises, or other landscaping that may be actively maintained. 4. Equipment Screening. Formatted Formatted Formatted Formatted: Numbered + Level: 1 + Numbering Style: i,ii, iii, … + Start at: 1 + Alignment: Left + Aligned at: 0.81" + Indent at: 1.06" Formatted a. Electrical and mechanical equipment placed on the ground surface or rooftop shall be screened from view by materials that are consistent and compatible with the design, color, and materials of the building. b. The height of the parapet and other rooftop elements may be increased in order to achieve this and shall comply with the height restrictions of YMC 15.05.030 and 15.10.020(D)(1). 5. Parking. a. Off-street parking shall be installed in accordance with YMC Chapter 15.06, except that buildings that cannot physically provide on-street residential parking may utilize off- street private parking through a shared parking agreement, or off-street public parking if the building is located within the long-term parking boundary (YMC 9.50.220). 6. Multifamily Development Limited Downtown. Multifamily development that does not meet the definition of mixed-use shall comply with the following standards: a. New buildings shall have a minimum front setback of ten feet from the property line or have windows that begin at least three feet above the elevation of the highest adjoining sidewalk or finished ground surface adjacent to the setback. b. Multifamily development shall not be permitted on any corner lot along Yakima Avenue unless it meets the definition of mixed-use (YMC 15.09.025). 2. Previously Considered Text Changes Chapter 15.13 TYPE (1) REVIEW Sections: 15.13.010 Purpose. 15.13.020 When required. 15.13.025 Central business district—Type (1) review exemptions. 15.13.030 Development permit application—Type (1) review. 15.13.040 Review procedures. 15.13.050 Approval. 15.13.060 Denial. 15.13.070 Appeals. 15.13.010 Purpose. This chapter establishes procedures for issuance of a development permit for uses requiring Type (1) review. Formatted Formatted 15.13.020 When required. Class (1) uses not requiring Type (2) or (3) review are permitted; provided, that district standards are met. The administrative official shall use the procedures in YMC Chapter 15.13 to review Class (1) uses and associated site improvements for compliance with the provisions and standards of the zoning district in which they are located, unless exempt under YMC 15.13.025. Class (1) uses require Type (2) review when: A. All or part of the development, except for agricultural buildings, single-family dwellings, and duplexes, is in the floodplain or greenway overlay districts; B. All or part of a development is in the airport overlay (AO); C. All or part of a development is in an institutional (IO) or master planned development overlay (PD) and is identified in a development agreement as requiring Class (2) approval; D. The proposed use includes hazardous material; E. The applicant requests adjustment of one or more of the specific development standards pursuant to YMC 15.10.020; or F. All or part of the development requires a development plan and/or master plan. 15.13.025 Central business district—Type (1) review exemptions. A. Change of use proposals for commercial uses within existing buildings in the CBD Downtown Business District Exempt Parking Area (YMC 15.06.040(C)) shall be exempt from Type (1) review when the proposed new use is a Class (1) use for the zone inunder the Retail Trade and Service portion of YMC 15.04.030, Table 4-1. New construction, or expansion of existing buildings, or alteration of parking lotsClass (1) uses shall follow the Type (1) review or modification process, as applicable. B. Change of use proposals within existing buildings in all commercial and industrial zones outside of the Downtown Business District Exempt Parking Area shall be exempt from the Type (1) review when: 1. The proposed use is a Class (1) use for the zone in YMC 15.04.030; and, 2. Parking: i. The use is located within an existing multiple use center; or, ii. The parking requirement for the proposed use is equal to or less than the existing use. a. If the proposed use requires more parking than the existing use and that parking is available on-site, then it meets the intent of this section. 3. Change of use exemptions for Class (1) uses in the commercial and industrial zones shall not apply to the following: i. New construction or expansion of buildings; ii. Automotive dealer new and used sales; towing services; farm and implements, tools and heavy construction equipment; Rental and Repairs uses; and other similar uses that utilize outside storage/sales areas that alter existing parking lots. B. The following Class (1) residential uses shall be exempt from Type (1) review when a compliant site plan is submitted with the building plans: 1. Detached single-family dwelling 2. Two-family dwelling (duplex) and converted dwelling 3. Accessory dwelling unit 4. Multifamily development up to six dwelling units 15.13.030 Development permit application—Type (1) review. Applications for permits for Class (1) uses permitted outright in the district shall be made in writing to the administrative official on forms supplied by the department. A general site plan conforming to the provisions of YMC 15.11.030 shall accompany the application. The administrative official may request any other information necessary to clarify the application or determine compliance with, and provide for the enforcement of, this title. 15.13.040 Review procedures. The administrative official shall review all Class (1) uses for compliance with this title. The administrative official shall forward all Class (1) uses requiring Type (2) review under YMC 15.13.020 to the planning division for processing under YMC Chapter 15.14. The administrative official shall notify the applicant of the approval or denial of the application, request additional information, or forward the application to the division for review. 15.13.050 Approval. The administrative official shall issue a Type (1) zoning decision when it has been determined that: A. The proposed use is a Class (1) permitted use under YMC Chapter 15.04; B. That the proposed development complies with the standards and provisions of this title; C. That the proposed development complies with other building codes in effect and administered by the administrative official; D. That proposed development complies with traffic engineering standards and policies established by the appropriate jurisdiction to protect the function and satisfactory level of service of arterial and collector streets; and E. That any new improvements or expansions of a structure comply with the standards of this title. 15.13.060 Denial. When an application is denied, the administrative official shall state the specific reasons and shall cite the specific chapters and sections of this title upon which denial is based. The administrative official may also refer the applicant to the division to determine if relief from such denial is available through other application. 15.13.070 Appeals. Any decision by the administrative official to deny issuance of a permit for a Class (1) use may be appealed to the hearing examiner under the provisions of YMC 15.16.030. 15.17.030 Exemptions. Modifications to existing detached single-family homes and duplexes when Class (1) or (2) uses in residential zones shall be exempt from the review processes of this chapter when in conformance with the standards of Table 5-1. For other exemptions from the review processes, see YMC 15.01.040(A). 15.08.030 Development permit required. No sign governed by this title shall be erected, structurally altered or relocated after the adoption without first receiving a development permit from the building official. All applications for a development permit under this chapter shall be reviewed for consistency with the standards of this chapter and other applicable chapters of the Yakima Municipal Code, according to sign type and other applicable regulations. 1. For New new freestanding signs and subdivision identification/use identification signsUses. All on-premises freestanding signs and subdivision identification/use identification signs meeting the standards of this chapter are considered Class (1) uses requireing Type (1)Modification review under YMC Ch. 15.17 if proposed to be located in a parking space or drive aisle. On-premises signs not meeting the standards shall follow the procedures of YMC 15.08.170, and are otherwise not permitted. Off-premises signs and billboards may beare permitted as identified in YMC 15.08.130. 2. For Changes or Replacement of an Existing Sign. Structural changes to, or replacement of, an existing sign requires Type (1) review and approval by the building official. Changes to the face or copy of a sign, provided such change does not change the material or appearance of the sign as originally permitted by the city does not require a Type (1) review, or permit. 15.08.060 Sign standards. The provisions of this chapter and the requirements in Table 8-1, “Type and Number of Signs Permitted,” Table 8-2, “Maximum Sign Area,” and Table 8-3, “Sign Height and Setbacks,” are established for all signs in the zoning districts indicated. All permitted signs are subject to the review procedures of this title and the standards of this section. Signs for Class (1), (2) and (3) uses shall be subject to the same procedural and review requirements as the principal use. Table 8-1. Type and Number of Signs Permitted SIGN TYPE ZONING DISTRICTS SR R-1 R-2 R-3 B-1 HB B-2 SCC LCC CBD GC AS RD M-1 M-2 PERMITTED SIGNS On-Premises Signs Nameplate Permitted as an Accessory Use to an Approved or Existing Use Subdivision Identification/Project Identification2 Roof Not Permitted Class (1) Use Permanent Freestanding1 Subdivision/Proj. I.D. Only On-premises signs meeting the standards of this chapter are considered Class (1) uses requiring Type (1) review. On-premises signs not meeting the standards of this chapter shall follow the procedures of YMC 15.08.170, and are otherwise not permitted. Projecting Not Permitted Freeway See YMC 15.08.150 Off-Premises Signs Including Billboards Not Permitted Class (2) Use Not Permitted Class (2) Use Class (1) Use NUMBER OF SIGNS PERMITTED On-Premises Signs Nameplate 1 per Dwelling Subdivision Identification/Use Identification2 1 per Street Frontage 1 per Street Frontage Permanent Freestanding1 Projecting Not Permitted Wall Signs See YMC 15.08.100 Table 8-1. Type and Number of Signs Permitted SIGN TYPE ZONING DISTRICTS SR R-1 R-2 R-3 B-1 HB B-2 SCC LCC CBD GC AS RD M-1 M-2 Roof Signs See YMC 15.08.090 Freeway Freeway: See YMC 15.08.150 Off-Premises Signs Including Billboards Directional: See YMC 15.08.120(B) Not Permitted 1 Sign per Parcel (Also See YMC 15.08.130) TYPE AND NUMBER OF SIGNS PERMITTED THAT ARE BASED ON OTHER CRITERIA Temporary Signs See YMC 15.08.110 Carried Signs See YMC 15.08.115 Digital Signs See YMC 15.08.135 Portable Signs See YMC 15.08.155 NOTES: 1. YMC 15.08.140 has freestanding sign provisions for multiple-building complexes and multiple-tenant buildings. Sign provisions for temporary freestanding signs are addressed in YMC 15.08.110. Permanent freestanding signs are limited to subdivision signs in residential areas. 2. Nameplates and subdivision identification signs permitted in the residential districts may be placed on a wall—See Table 8-2. Table 8-2. Maximum Sign Area ZONING DISTRICT Freestanding and Projecting Signs Sign is set back 15 ft. or less from required right-of-way Sign is set back more than 15 ft. or more from required right-of-way WALL SIGNS FREEWAY SIGNS SR, R-1, R-2, and R-3 Nameplates up to 2 sq. ft. and subdivision/project identification up to 32 sq. ft. NOT PERMITTED HB and B-1 24 sq. ft. 40 sq. ft. SIZE OF WALL TO WHICH ATTACHED WHERE PERMITTED: UP TO 300 SQUARE FEET B-2 40 sq. ft. 60 sq. ft. SCC Frontage is less than 400 ft. long 1 sq. ft. of sign area per lineal ft. of frontage up to 100 sq. ft. 1-1/2 sq. ft. of sign area per lineal ft. of frontage up to 150 sq. ft. Frontage is more than 400 ft. long 1 sq. ft. of sign area per lineal ft. of frontage up to 150 sq. ft. 1-1/2 sq. ft. of sign area per lineal ft. of frontage up to 200 sq. ft. LCC Frontage is less than 400 ft. long 1 sq. ft. of sign area per lineal ft. of frontage up to 150 sq. ft. 1-1/2 sq. ft. of sign area per lineal ft. of frontage up to 200 sq. ft. Frontage is more than 400 ft. long 1 sq. ft. of sign area per lineal ft. of frontage up to 200 sq. ft. 1-1/2 sq. ft. of sign area per lineal ft. of frontage up to 250 sq. ft. CBD 1 sq. ft. of sign area per lineal ft. of frontage up to 150 sq. ft. GC Frontage is less than 400 ft. long 1 sq. ft. of sign area per lineal ft. of frontage up to 150 sq. ft. 1-1/2 sq. ft. of sign area per lineal ft. of frontage up to 200 sq. ft. Frontage is more than 400 ft. long 1 sq. ft. of sign area per lineal ft. of frontage up to 200 sq. ft. 1-1/2 sq. ft. of sign area per lineal ft. of frontage up to 250 sq. ft. AS Frontage is less than 400 ft. long 1 sq. ft. of sign area per lineal ft. of frontage up to 150 sq. ft. 1-1/2 sq. ft. of sign area per lineal ft. of frontage up to 200 sq. ft. Frontage is more than 400 ft. long 1 sq. ft. of sign area per lineal ft. of frontage up to 200 sq. ft. 1-1/2 sq. ft. of sign area per lineal ft. of frontage up to 250 sq. ft. RD Frontage is less than 400 ft. long 1 sq. ft. of sign area per lineal ft. of frontage up to 150 sq. ft. 1-1/2 sq. ft. of sign area per lineal ft. of frontage up to 200 sq. ft. Frontage is more than 400 ft. long 1 sq. ft. of sign area per lineal ft. of frontage up to 200 sq. ft. 1-1/2 sq. ft. of sign area per lineal ft. of frontage up to 250 sq. ft. M-1 1 sq. ft. of sign area per lineal ft. of frontage up to 100 sq. ft. 1-1/2 sq. ft. of sign area per lineal ft. of frontage up to 150 sq. ft. M-2 MAXIMUM AREA PER SIGN = 2 TIMES THE MAXIMUM AREA PER SIGN FACE MAXIMUM SIGN AREA OF OTHER SIGN TYPES THAT ARE BASED ON OTHER CRITERIA Temporary Signs See YMC 15.08.110 Carried Signs See YMC 15.08.115 Digital Signs See YMC 15.08.135 Portable Signs See YMC 15.08.155 Table 8-3. Sign Height and Setbacks SIGN STANDARDS ZONING DISTRICTS SR R-1 R-2 R-3 B-1 HB B-2 SCC LCC CBD GC AS RD M-1 M-2 MAXIMUM SIGN HEIGHT Permanent Freestanding1 Sign is set back 15 feet or less from required right-of-way 5 ft. 10 ft. 15 ft. 30 ft. 30 ft. 30 ft. 30 ft. Sign is set back more than 15 feet from required right-of- way 10 ft. 15 ft. 20 ft. 35 ft. 40 ft. 30 ft. 40 ft. Projecting Not permitted2 See YMC 15.08.080 1. Wall 1. Top of wall to which attached (YMC 15.08.100) 2. Fascia 2. Horizontal and vertical limits of fascia board to which attached (YMC 15.08.105) Freeway Where permitted: 70 ft. SETBACKS Minimum front yard setbacks Edge of right-of-way Minimum side yard setbacks Required setback standards for each zoning district (Table 5-1) SIGN HEIGHT AND SETBACKS FOR SIGNS TYPES THAT ARE BASED ON OTHER CRITERIA Temporary Signs See YMC 15.08.110 Carried Signs See YMC 15.08.115 Digital Signs See YMC 15.08.135 Portable Signs See YMC 15.08.155 Notes: 1 YMC 15.08.140 has special freestanding sign provisions for multiple-building complexes and multiple-tenant buildings. Table 8-3. Sign Height and Setbacks SIGN STANDARDS ZONING DISTRICTS SR R-1 R-2 R-3 B-1 HB B-2 SCC LCC CBD GC AS RD M-1 M-2 2 Nameplates and subdivision identification signs permitted in the residential districts may be placed on a wall. (See Table 8-2.) 15.08.140 Multiple-building complexes and multiple-tenant buildings. A. Purpose. The following provisions shall apply to multiple-building complexes and multiple-tenant buildings in the Commercial and IndustrialSCC, LCC, GC, and RD districts. Tenants in such buildings or complexes may also have their own signs in accordance with the provisions of this chapter. B. Number of Freestanding Signs. Each multiple-building complex shall be allowed one freestanding sign on each street frontage in accordance with Table 8-2. When the street frontage is longer than four hundred feet: 1. One additional freestanding sign shall be permitted for each additional four hundred feet of street frontage or part thereof; or 2. A single, larger freestanding sign can be erected in accordance with Table 8-2. If option 1, as set forth in subsection (B)(1) of this section, is selected, no freestanding sign shall be placed closer than two hundred feet to any other freestanding sign or exceed the standards in Table 8-2. These provisions shall also apply to each multiple-tenant building, unless it is a part of a multiple-building complex. The allowable freestanding sign(s) may be used to advertise one or more of the uses in the multiple- building complex or multiple-tenant building.