HomeMy WebLinkAbout07/08/2008 00 Agenda and Packet ,:y
`' �1. David Edler, Mayor
Micah Cawley, Assistant Mayor
• 114 Yakima Kathy Coffey
City Council Rick Ensey
° h <,. ��,•__' Norm Johnson
I ``o�
,,,,per Agenda Bill Lover
I . 129 N. 2nd Street,Yakima,WA. 98901 Neil McClure
Phone: (509) 575 -6000 • Fax (509) 576 -6614 City Manager
I Emaii: ccouncil @ci.yakima.wa.us • www.ci.yakima.wa.us . Richard A. Zais, Jr.
Anyone wishing to address the Council, please fill out the form found on the tables and give it to the City Clerk
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' ADJOURNED MEETING - STUDY SESSION
JULY 8, 2008
8:00 -9:30 A.M.
COUNCIL CHAMBERS - YAKIMA CITY HALL
1. Roll Call
2. Proposed amendments to the Urban Area Zoning Ordinance
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(as reviewed by the Regional Planning Commission)
t 3. Audience comments 9:15 a.m. — 9:30 a.m.
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4. Adjournment
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' Yakima
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I VIP City of Vision Statement: To create a culturally diverse, economically vibrant, safe, and strongYakima community.
Adopted March 2008 1994
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YAKIMA CITY COUNCIL STUDY SESSION
JULY 8, . 2008
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AMENDMENTS TO THE URBAN AREA ZONING ORDINANCE
i Background •
In conformance with the Growth Management Act requirements, the Urban Area Comprehensive
I Plan Update was adopted by Yakima City Council on December 12, 2006. As a result of the
Update, a number of development regulations required updating and modifications. The
regulations subject to change were summarized by Planning staff at a Yakima City Council
Study Session on January 30, 2007 (see minutes attached).The items needing attention were
summarized as follows:
• Correct the Zoning Code and the Comprehensive Plan (currently not in sync)
1 • Complete the Critical Areas Ordinance (mandated by year end)
• Airport overlay
• Institutional overlay
• Remap new designations in the Comprehensive Plan
• Align zoning components to correspond with the Comp Plan designations for zoning
districts
Direction from City Council to staff included the following:
• We want standards that support good development.
• Concerns about illegal uses and developments
• Too much flexibility in the standards makes for ad hoc decisions — more predictability is
desired by many citizens and developers
• Strong development standards, especially in multi- family developments or adjacent to
• single family zones is very desirable for long term success
1 • We need to get developers involved in the process of developing the regulations:
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' Process of Updating the Zoning Ordinance
Work sessions began with the Regional Planning Commission in early 2007 regarding changes
' to the Yakima urban Area Zoning Ordinance (YMC Title.15) and concluded on June 25, 2008.
Some of the update topics had significant public participation, such as the Institutional Overlay
District, the Regional Development District, the Master Planned Developments and the Critical
Areas Update.
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To improve coordination with Yakima County, planning staff members met weekly to discuss
proposed changes. The final RPC hearing is scheduled for July 31, 2008 (Thursday). August 19,
2008 is the tentative date of a combined City Council/County Commissioners Public hearing on
the recommendations from the RPC.
City Council Study Session — Zoning Ordinance Update 1
Page 1 of 10
Action Items from the Comprehensive Plan for Consistency and Zoning
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The Yakima Urban Area Comprehensive Plan, as adopted on December 12, 2006 included some
specific guidance for tasks that required changes in the zoning ordinance and map. The list below
represents just a fraction of the items that will be addressed in the future. Action Items are
summarized in Chapter II of the Urban Area Plan and include the following:
• Pursue general rezoning in areas that are zoned CBDS but not contiguous to the CBD
zone
• Identify areas not zoned consistent with Future Land Use Map
• Expand east side of the CBD boundary to include convention center and lodging areas.
• Improve standards for public and private development to reduce noise and keep light out
of residential neighborhoods
• Amend the Airport Land Use Compatibility Overlay Ordinance as necessary to ensure
the master plan's success and to protect surrounding areas from airport impacts '
• Develop or amend regulations to require a development plan for regional commercial
projects
• Review and update the City's development standards to include best available science
standards
• Amend residential PD regulations to allow flexibility in development design
• Amend the Residential PD regulations to include new regulations for Cluster
Development
• Create a new Institutional Overlay Ordinance for new development of expansion of
hospitals and higher educational facilities
• Allow accessory housing units
Summary of Changes Recommended in the Urban Area Zoning Ordinance '
A few modifications were made throughout the Zoning Ordinance for clarification purposes or
consistency between city and county ordinances:
1. "Reviewing Official" was changed to "Administrative Official"
2. Class (1), (2), and (3) review was changed to Type (1), (2), and (3) review — this is to
distinguish a permitted class use with the associated level of review. It is possible that a
particular use may need to be `bumped up' to a.higher level or type of review based on a
variety of circumstances.
3. Several places in the Ordinance which referred to a specific division — i.e. "The City
Planning Division" — were changed to "respective legislative body" or "City or County 1
Administrative Official ", or similar wordage. This is to allow both the City and County
to use this Ordinance throughout the Urban Growth Area.
The following changes are on a chapter by chapter basis:
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Chapter 15.01 Introduction: ,
No significant changes were made to this chapter. The only changes made were formatting
changes, `class review' to `type review', `reviewing official' to `administrative official', etc.
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• Section 15.01.040 was changed from Application to Applicability — and some material
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was moved from subsection to subsection
I • Section 15.01.080 was changed to exclude `in Word Usage' from the title and the word
• `importing' was changed to `designating'
Chapter 15.02 Definitions:
The following new definitions have been added, removed, and /or modified:
• . Accessory Dwelling Unit (ADU) - added •
• Building and Enforcement Official has been changed to Building Official
• Clean and Sober Facility — added
' • Closed Record Appeal — added
• Coffee/Espresso Drive - Through Facility — added •
' • Coffee/Espresso Stand — added
• Commercial Services has been modified to exclude tattooing and massage parlors
• • Cosmetic Services — added
I • Day Care Center has been modified to include language about DSHS
• Day Care Home, Family has been modified to include language about DSHS
• Department — added
• Development, Planned Residential — added
• Pet Day Care — added
• Existing Uses — added
• Family has been modified to include a variety of different scenarios
• ICBO Construction Table — removed
• Low Impact Development — added
• Master Planned Development — added
• Noise — removed
• Planned Development — removed
• Planned Residential Development — removed
• Planning Department changed to Planning Division
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• Private Access Easement — added
• Recreational Screen — added
• Road, Arterial — removed
• Sign Manufacturing & Assembly — added
• Social Card Room — added
I • State Fair Park — removed
• Towing Services — definition was amended to remove Hulk Haulers
• Urban Area changed to Urban Growth Area
' • Use District changed to Zoning District
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Chapter 15.03 Zoning Districts:
�. The sections of chapter 3 were modified to:
1. 15.03.010 — Purpose and Establishment of Zoning Districts
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2. 15.03.020 — District and Map Overlay Intent Statements
3. 15.03.040 — Zoning Districts and/or Overlays
• The CBDS, Central Business District Support, Zoning District was re -named to GC, 1
General Commercial to avoid confusion about the need for proximity to the Central
Business District. Generally, the district intent statement is the same.
• In addition, some portions of the CBDS, which are located near the highway, are being
changed to a new zoning district — RD, Regional Development. These locations will
provide land for high intensity uses requiring high visibility from the interstate and state
highways. 1
• The AS, Airport Support, zoning district is added to include the airport and some adjacent
land.
• The Master Plan Overlay and Institutional Overlay were added. These overlay's will be .
incorporated on a site - specific basis and require full review as either a Master Plan
Development (Ch. 15.28) or an Institutional Overlay (Ch. 15.31)
• Changes to the zoning map are.proposed to implement these items.
Chapter 15.04 Permitted Land Uses:
The following subsections were added, and/or modified:
1. 15.04.050 was changed to include language about Zero Lot Line Development.
2. 15.04.070 was changed to include language about Overlays
3. 15.04.140 was changed to include language about Temporary Hardship Units
4. 15.04.190 was changed to include language about Social Card Rooms
5. Various changes to Table 4 -1, Permitted Uses
The following changes have been made within this Chapter:
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• 15.04.020 — This section makes the distinction between Class of Use and Type of Review
• 15.04.060 — Subsections (E) — Agricultural buildings and (F) — Accessory Uses — Not I
Permitted were added
• 15.04.070 — This new section establishes the purpose and procedures for development in
an Overlay district
• 15.04.080 — Drive -Thru Facilities — Some language was added to this section which
increases review criteria to examine impacts from a drive -thru speaker, vehicle glare,
radio noise, etc. Review will require an on -site parking circulation plan. Drive -thru
facilities are defined.
• 15.04.120(G) — Home Occupations not permitted — Firearm sales and/or gunsmith added.
• 15.04.130 — Temporary Use Permits — added language to require that a site plan be
submitted at the time of application
• 15.04.160 — Replacement of a nonconforming mobile home — additional criteria were
added including verification from Washington State Labor and Industries that their
criteria are met.
• 15.04.180 — Placement of Communication Towers — Standards modified to include
building code requirements, setback standards, and appropriate Type of review based on
height.
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• 15.04.190 — Social Card Rooms — includes 500 -foot separation standards from schools,
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churches and parks
Chapter 15.05 Site Design and Improvement Standards:
The following subsections were added and/or modified:
15.05.055 — New Development Improvement Standards — added
The following changes have been made within this chapter:
• 15.05.020(I) — Recreational Screen — language added to give the Administrative Official
the authority to determine recreational screen height. Replaced "Standard Screen"
section..
• 15.05.020(J) — Sidewalks — language added to give authority to Title 12 of the YMC
• 15.05.020(K) — Swimming Pools — these standards were'moved from Chapter 4 .
' • 15.05.020(M) — State Fair Park — standards were moved from Chapter 4
• 15.05.040 — Vision Clearance — the vision clearance triangle measurement criteria have
changed from the 80 by 80 foot area to an area 15 by 120 feet, to provide for better use
for sight distance needs and less restrictive in neighborhood areas. The driveway curb
cut provisions have been modified to include alleyways.
• 15.05.055 — New Development Improvement Standards — language added to require an
additional access point for residential development with 30 or more existing or proposed
units. In addition, language was added so that cul -de -sac streets are a maximum of 600-
, feet in length.
Chapter 15.06 Off - Street Parking and Loading:
The following subsections were, added and/or modified:
15.06.065 — Driveway Locations — added
The following changes have been made within this chapter:
• 15.06.030 — General Provisions — standards for off - street parking in R -3 zoning modified
to be applicable to four 'or more cars, not five. Subsection (E) added to require a vehicle
circulation plan for multi- family and non - residential parking areas where five or more
off-street parking spaces are required. .
• 15.06.040(C) — Downtown Parking Exempt area — standard modified to exclude
residential uses from the downtown parking exempt area.
• 15.06.040(E) — Parking Circulation Plan — for parking lots of 5 vehicles or more, the
requirement was added to show as a site plan element loading spaces, drive - through
lanes, circulation patterns and access points so no backing or maneuvering is allowed
from or to a public street.
• 15.06.050 — Computation of Required Spaces — Subsection 5 added to allow a percentage
up to 15% of spaces, in parking lots with 20 or more vehicles, to be designated for .
• compact cars •
• 15.06.060 — Location of Required Spaces — this section was modified to require parking
spaces for hospitals, convalescent homes, etc. shall be located within 150 feet from the
City Council Study Session — Zoning Ordinance Update 5
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buildin g part plan campus art of a master lan or cam us P lan. The maximum number of vehicles
which could maneuver within a public right -of -way was reduced from five to three.
• 15.06.065 — Driveway Locations — standards have been added to limit how close 1
driveway approaches can be to intersections and other driveways.
• 15.06.090 — Required Landscaping of parking areas — the landscaping requirement has
been increased from 5% to 10% or the total parking area for five vehicles or more —
vehicle storage lots has also been added to this standard.
• 15.06.100 — Lighting of parking lots — language has been added to provide increased
protection of parking lot lights for adjacent residential districts.
• 15.06.110 — Construction and Maintenance — driveways, travel ways and parking aisles
have been included to be constructed and maintained with the applicable standards. The
section on grading and drainage has been modified to incorporate the Eastern Washington
Stormwater Manual. Barrier -free standards have been added to comply with the
Washington State Barrier Free requirements.
• 15.06.150 — Handicapped Parking - The citation of the applicable RCW has been
removed and replaced with Washington State Barrier Free requirements.
Chapter 15.07 Sitescreening:
The following changes have been made within this chapter: 1
• 15.07.020 — Sitescreening Required — the exemption for sitescreening requirements for
single- family residences and duplexes has been removed when they abut a commercial
zoning district. In additions, the vacant parcel language has been modified to require
Sitescreening upon a non - residential use which locates next to a vacant parcel zoned R -1
or SR. 1
• '15.07.070 — Location — language to require that sitescreening adhere to setback standards
of Ch. 15.05 has been added
• 15.07.110 — Retention and Maintenance — The following language has been added: `It is
the property owner's obligation and responsibility to maintain the sitescreening
approved."
Chapter 15.08 Signs: •
The following changes have been made within this chapter:
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• 15.08.040 — Exempt Signs — additional provisions have been added to the political signs 1
section which will allow increased placement times and criteria.
• 15.08.110 — Temporary Signs — the following criteria was added: "No temporary sign
shall be displayed more than fifteen days after the event for which it is intended."
• 15.08.130 — Off premise signs and billboards — Class (3) use (for billboards) in the B -2
has been removed. 1
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Chapter 15.09 Special Development Standards:
The following subsections have been added and /or modified:
1. 15.09.090 — Special Requirements for Social Card Rooms — added
1 2. 15.09.100 — Private Street Developments - added
3. 15.09.110 — Reasonable Accommodation Process - added
4. 15.09.120 — Planned Developments — removed, moved to Chapter 15.28
The following changes have been made within this chapter:
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1 • 15.09.090 — Special requirements for social card rooms — includes 500 foot separation
standards from schools, churches and parks
• 15.09.100 —Private Street Developments — new section which includes standards for
private streets, which serve 3 lots and may have a gate, in a Master Planned Development
Overlay, a Mobile/Manufactured home park, a Condominium, or a Binding site plan in
conformance with subdivision requirements
• 15.09.110 — Reasonable Accommodation Process — new section which includes standards
and requirements to make a reasonable accommodation for the statutory rights of the
disabled under the Americans with Disabilities Act (ADA)
Chapter 15.10 Conditions of Approval / Administrative Adjustment:
' No significant changes were made to this chapter. The only changes made were formatting
changes, `class review' to `type review', `reviewing official' to `administrative official', etc.
Chapter 15.11 General Application Requirements:
The following changes have been made within this chapter:
15.11.060 — Pre - application Conference — this section has been modified to require a pre-
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application conference for all Institutional Overlay and Master Planned Development
applications
Chapter 15.12 Permits:
No significant changes were made to this chapter. The only changes made were formatting
changes, `class review' to `type review', `reviewing official' to `administrative official', etc.
Chapter 15.13 Type (1) Review:
The following changes have been made within this chapter:
15.13.020 — When Required — The following situations to require uire a Class use to
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through a Type (2) review have been added:
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1. All or part of the development is in an Institutional or Master Planned
Development Overlay (IO), (PD), and is classified in a development agreement as
requiring Class (2) approval I
2. All or part of the development requires a development plan and/or master plan
Chapter 15.14 Type (2) Review: I
No significant changes were made to this chapter. The only changes made were formatting
changes, `class review' to `type review', `reviewing official' to `administrative official', etc. I
Chapter 15.15 Type (3) Review:
No significant changes were made to this chapter. The only changes made were formatting
changes, `class review' to `type review', `reviewing official' to `administrative official', etc.
Chapter 15.16 Appeals:
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No significant changes were made to this chapter. The only changes made were formatting I
changes, `class review' to `type review', `reviewing official' to `administrative official', etc.
Chapter 15.17 Modification: I
The following changes have been made within this chapter:
• 15.17.020 — Modification to permitted development and existing uses regulated — this
section has been changed in the following ways:
1. Modifications to a Class (1) use will be processed as a Class (1), rather than a
Modification
2. Minor changes to existing Class (2) or (3) uses, meeting certain criteria, will be
processed as a modification.
3. Non - conforming structures will be processed under the provisions of Chapter
15.19
• 15.17.030 — Exemptions — this section now refers back to § 15.01.040(E)
• 15.17.040 — Review of Modifications — this section specifies the review criteria for
modifications which meet the criteria of 15.17.020 to be eligible as a Modification. I
Chapter 15.18 Existing Uses and Development:
No significant changes were made to this chapter. The only changes made were formatting I
changes, `class review' to `type review', `reviewing official' to `administrative official', etc.
Chapter 15.19 Nonconforming Uses and Structures: I
The following subsections were added and/or modified:
• 15.19.120 — Critical Area Nonconformin g uses and Facilities — added
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The following changes have been made within this chapter:
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• 15.19.120 - Critical Area Nonconforming uses and Facilities — this new section addresses
review criteria for nonconforming critical areas — including process and decision criteria
' Chapter 15.20 Administration:
No significant changes were made to this chapter. The only changes made were formatting
changes, `class review' to `type review', `reviewing official' to `administrative official', etc.
Chapter 15.21 Variances:
No significant changes were made to this chapter. The only changes made were formatting
changes, `class review' to `type review', `reviewing official' to `administrative official', etc.
Chapter 15.22 Interpretations:
No significant changes were made to this chapter. The only changes made were formatting
changes, `class review' to `type review', `reviewing official' to `administrative official', etc.
' Chapter 15.23 Amendments and Rezones:
I No significant changes were made to this chapter. The only changes made were formatting
changes, `class review' to `type review', `reviewing official' to `administrative official'; etc.
Chapter 15.24 Revocation or Permits or Approvals:
No significant changes were made to this chapter. The only changes made were formatting
changes, `class review' to `type review', `reviewing official' to `administrative official', etc.
Chapter 15.25 Violations and Enforcement and Administration:
No significant changes were made to this chapter. The only changes made were formatting
changes, `class review' to `type review', `reviewing official' to `administrative official', etc.
Chapter 15.27 Critical Areas:
This chapter has been significantly modified. The Critical Areas Ordinance was adopted by City
Council on January 28, 2008 and will become effective pending approval of this zoning
ordinance update.
Chapter 15.28 Master Planned Development Overlay:
�. This is a new chapter which provides review and design criteria for large scale residential,
commercial, industrial and mixed - use planned developments. This chapter has received
City Council Study Session — Zoning Ordinance Update 9
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significant ublic input both in the development of the Comprehensive Plan and in the critiea of
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these zoning amendments.. These changes have been requested by citizens to allow for alternate
development in the West Valley area. The following are some of the criteria/standards: r
• There are specific criteria based on which type of master planned development
• The minimum project size for a MPD is ten acres.
• The application criteria are stringent and require items such as technical reviews, detailed
site plans, SEPA Environmental review, etc.
• A development agreement is required.
• Phased development is allowed provided certain criteria are met.
• The review process is similar to the process required for a Rezone in that final approval
would be granted by City Council. However, review criteria are unique to this chapter.
• Modification provisions are included
Chapter 15.30 Airport Safety Overlay: '
No significant changes were made to this chapter. The only changes made were formatting
changes, `class review' to `type review', `reviewing official' to `administrative official', etc. I
Chapter 15.31 Institutional Overlay:
This is a new chapter which provides review and design criteria for large scale institutional
facilities with special location needs and impacts. This Institutional Overlay received significant
public participation both in the development of the Comprehensive Plan and in these Zoning I
regulations. The following are some of the criteria/standards:
• Eligibility - this chapter is intended for hospitals and community colleges
• A variety of supplemental information is required upon application such as: technical
studies, master site plan, and a draft development agreement.
• Development standards may be modified from those of the underlying zoning district
• The specific review process is outlined.
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City Council Study Session - Zoning Ordinance Update 10
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YAKIMA CITY COUNCIL
ADJOURNED MEETING /STUDY SESSION
JANUARY 30, 2007 - 8:00 A.M. — 9:30 A.M.
COUNCIL CHAMBERS — YAKIMA CITY HALL •
1. Roll Call
Present:
Council: Mayor Pro Tern Neil McClure, presiding, Council Members Ron
Bonlender, Micah Cawley (absent after 9 :00 a.m.), Bill Lover, and Susan
Whitman
Staff: City Manager Zais, Doug Maples, City Attorney Paolella and City -
Clerk Moore
Absent: Dave Edler, Norm Johnson (excused)
2. Study Session regarding updating the City of Yakima's Development
Regulations
A. Staff overview of 2007 work plan to update development regulations
B. Required updates
- Doug Maples, Planning and Code Administration Manager, introduced the 2007 work
' plan to update the 2007 development regulations as the result of the Comprehensive
Plan update. Planned areas of work are:
• Correct the Zoning Code and the Comprehensive Plan (currently not in sync)
• Complete the Critical Areas Ordinance (mandated by year end)
• Airport overlay
• Institutional overlay
' • Remap new designations in the Comprehensive Plan
• Align zoning components to correspond with the Comp Plan designations for
zoning districts
Bruce Benson, Planning Supervisor :presented an idea of looking at commercial
zoning definitions and designations in the same manner as residential, e.g. C -1
through C -6 similar to R -1, R -2, R -3. The downtown area would be the highest level of
' zoning.
As commercial development moves closer and closer to residential areas, with the
Comprehensive Plan as the driving force, how do they blend? Mr. Benson gave some
history of zoning, e.g. it started 3,000 years ago in Egypt and, in the United States,
grew out of tenement laws. In 1916, New York City adopted the first zoning
ordinances which were under constant attack by the courts until it reached the
Supreme Court in 1926. Euclidian zoning came from the Euclid versus Amber
decision, where you create a district, define boundaries and then permit certain uses
' within those boundaries. Since the early 1990's there has been a new form of zoning,
• form -based zoning, used particularly on the east coast. It moves away from
delineation of lines on a map, and is based on the desired look of the community. The
basis is, as long as things seem to blend together, it doesn't matter what goes on
inside of the building. It doesn't restrict uses, but rather restricts what they look like.
Staff is looking at our old Euclidean zoning to see if we can arrive at what Council is
looking for in the city. .
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ADJOURNED MEETING — DEVELOPMENT REGULATIONS
JANUARY 30, 2007
C. Council discussion of other development regulation update opportunities 1
Seven questions were reviewed with Council to obtain guidance and define
Council philosophy:
1. Is the city too densely developed?
Council Member Bonlender: As a whole, no, but in the downtown area where I
there are grand old houses mixed in with 8 -10 -15 -plex apartment complexes,
yes. The overall look that could be expected on an arterial is to be anchored by
a 20 -plex, but as you go into the neighborhood, you shouldn't see them.
Council Member McClure: The question of being too densely populated is not the
way to judge, but ask if the density is supported. It is having the standards 1
wrapped around that density that is important.
Council Member Lover: Density of population and density of development are
two different things, we do have population densities that shouldn't be there.
Population is not necessarily indicative of development. How much illegal
development is going on in these areas? 1
2. Does the City of Yakima allow too much activity /development within
individual zoning districts?
Council Member McClure: Within our districts, we allow a wide level of standards
so a neighbor may not know what his neighborhood is going to look like; how a
development is going to impact him. There are many decisions made by the
Hearing Examiner who is reviewing it on a case -by -case basis. If a neighbor
hadn't noticed this was coming and hadn't gone in front of the Hearing Examiner,
there may not be strong mitigation measures against that development. Yet
where someone has paid attention, it could be highly mitigated, causing a wide
variety of quality. I would rather see the activity within a zoning district better
understood at the beginning to avoid the need for strong mitigation to make it
work. As it exists now, we allow too much variance within the same zoning
without necessarily good mitigation. I
Mr. Maples expounded on that point, noting that if you are in an R -1 zone there
are many different land uses that can be authorized; under a Class 2 review a
duplex can be put into a single family neighborhood, or under Class 3, multi-
family can be put in that same neighborhood. He questioned whether we should
maintain that level of flexibility. Discussion continued on the distinction between
zoning and development standards. Ken Harper, Land Use Attorney, noted that
the more predictable you make a zoning district, the more difficult it is for other
developers to achieve flexibility.
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ADJOURNED MEETING — DEVELOPMENT REGULATIONS
JANUARY 30, 2007
3. Does the city's current zoning ordinance provide too much
' administrative discretion or not enough?
Currently, there are three levels of review. If something is a Class 1 use it is
' permitted outright, unless it has an overlay like airport, greenway, etc.
Otherwise, for the most part, the plans are reviewed and there is no opportunity
for public comment. A Class 2 use has an administrative review with the final
decision made by the Code Administration /Planning Manager. Class 3 is the
highest level review and requires Hearing Examiner review and a public hearing.
Council commented that predictability is critical yet if it's too rigid, it impacts
' development. Council Member McClure would like to move to a little more
predictability.
4. Does the City of Yakima require too much or not enough review for.new
development? •
Council Member McClure: Review is critically important if we allow too much
' flexibility. If we're really flexible, some will say there is never enough review. Yet
if it is totally predictable, you don't need as much review, except for the
developer.
1 5. Do current City of Yakima regulations encourage /require safe and
attractive new development?
Council Member Bonlender: This refers to standards and everyone prospers
from a higher standard. Our regulations should encourage safety. Currently we
don't have enough.
' Council Member McClure: We 9 et in trouble with this because we don't have
regulations that would make for better development. Some of our R -2 and R -3
' development is horrid and detracts from our neighborhoods. If we had strong
development regulations, we could have effective multi - family housing abutting
R -1 and R -2. I would like to see stronger development regulations in our
' commercial and multi - family categories, making it much more predictable.
Council Member Whitman: I would like to see improvement in this area.
Council Member Lover: Suggested that the developers should be involved in this
discussion.
' 6. Is the cost of new development in Yakima higher than it should be due
to regulations?
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' A lengthy discussion covered the components that make up the cost of
development. Impact fees were also discussed in detail.
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ADJOURNED MEETING — DEVELOPMENT REGULATIONS
JANUARY 30, 2007
7. Are there examples of development regulations in other jurisdictions
that the City Council would like to see in Yakima? 1
Generally, the answer was yes. It would be beneficial to review what has and
has not worked for other cities. Council Member McClure asked for examples of
"form- based" regulations. Council Member Whitman asked to review letters and
forms used by Codes to ensure the City's processes are clear.
D. Next steps
Staff will take the Council's comments and look at our regulations, primarily around
zoning districts, titles, and definitions. They will also look at the mapping with the
Regional Planning Commission (RPC). It will go through a public hearing with the RPC
in July and their recommendations will be brought before a joint meeting with
City /County officials. 1
3. Audience comments (9:15 a.m. — 9:30 a.m.) I
• Lynne Kittleson said she would submit her comments in writing.
4. Adjournment 1
The meeting adjourned at 9:20 a.m.
READ AND CERTIFIED ACCURATE BY:
COUNCIL MEMBER DATE
COUNCIL MEMBER DATE
ATTEST: • '
1
CITY CLERK DAVID EDLER, MAYOR
1
Minutes prepared by Linda Watkins. An audio of this meeting is available in the City Clerk's Office
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ADJOURNED MEETING / STUDY SESSION
OCTOBER 23, 2007
' 8:00 - 9:30 A.M.
COUNCIL CHAMBERS - YAKIMA CITY HALL
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1. Roll Call
' Present:
Council: Mayor Dave Edler, presiding, Council Members Ron Bonlender,
Micah Cawley, Norm Johnson, Bill Lover, Neil McClure, and Susan
Whitman
Staff: City Manager Zais, Bill Cook, Community and Economic Director,
Jeff Peters, Assistant Planner, Ken Harper, Counsel, and Deputy
Clerk Watkins
' Brett Sheffield, Chief Engineer, made an announcement regarding the Burlington
Northern Santa Fe (BNSF) railroad crossings. He had received a call from John
Lee of BNSF giving us permission to remove the crossings that are no longer in
service. BNSF will remove the five that are within their right -of -way and the City
will remove the remaining eight. The work should be done the week of November
5 The tracks are located on Lincoln Avenue and Martin Luther King Boulevard
and the work will require detours to shut down sections of the road.
•
2. Critical Areas Ordinance Update
Bill Cook, Community and Economic Development Director, introduced the study
session topic, Yakima Urban Area Critical Areas Ordinance Update. No action is
' expected today; the intent of the session is to allow the City Council to review the
information prior to the public hearing that will be held later in the year. This update
is a mandatory action of the Growth Management Act. Although it is due December
' 1, 2007, it will not be completed by that date. Mr. Cook explained the reasons why:
• The City joined with the County rather than duplicating efforts.
• Best Available Science was used through a group developed by the County.
• The City waited until the County reached a certain point of completion before
fine tuning it for the City's urban area.
Ken Harper, counsel for the City, gave an overview of the draft update. The Critical
' Areas Ordinance is a defined set of land types in . the state that gets special
regulatory protection. It is one of the main goals of the Growth Management Act.
We have to do two things, 1) acknowledge and identify critical areas, and 2) protect
' them. We do that by changing development regulations to make them compatible.
We must protect the critical areas based on "best available science." It is up to each
jurisdiction to make that assessment. The County created a science advisory group
' in 2004, and over a two -year period identified the best available science for
regulation purposes. Former Council Member Place and Council Member McClure,
along with Planning staff, participated in that process. Mr. Harper described a recent
I challenge in Skagit County about whether protection means an obligation to enhance
critical area buffers. The Supreme Court determined nothing in the ordinance
required enhancement of the protected areas. Mr. Harper also explained the reason
the City will miss the December 1 deadline. The City was trying to allow the County
ADJOURNED MEETING — OCTOBER 23, 2007
process to go as far as it could so we would benefit from it before invoking our own
regional planning hearings. We started the hearings in late August, but will miss the
deadline as there is not enough time to give proper notice, hold the public hearings,
and present it to Council. As a result of missing the date, the City will be out of
compliance with the update process changing our eligibility for Public Works Trust
Fund money and the Centennial Clean Water fund. It doesn't make us ineligible for
anything else, nor is it expected to last more than a very short time. We expect our
non- compliance to be a revenue - neutral situation and will be back in compliance
prior to applying for any Public Works Trust funds.
Jeff Peters, Assistant Planner, also reviewed activities to date. The update process
started in January 2004 with a county -wide planning committee. On February 28,
2007, Yakima County finished review of their draft document and sent it to the City
• for. review. City staff reviewed it to 1) remove redundancy, 2) ensure it met urban
planning principles, 3) that the standards applied are the minimal required and
backed by federal and state regulations, and 4) remove all regulations that don't 1
apply the City's area, e.g. mining. The Regional Planning Commission (RPC) began
reviewing the document in September. The RPC will finish their review, it will receive
a legal review, some, editing, and finally, the creation of the final document. It is
planned to go before Council for adoption by February 2008 at the latest.
John Hodkinson, Chairman of the Regional Planning Commission, explained their
review process. He said they worked at ensuring there was flexibility by allowing the
ability to reduce some of the requirements based on logic. He said their hope was to
not encumber the development of the City yet protect the things that need protecting.
He also urged the Council to consider looking into increasing the Planning budget to
assist in speeding up projects that would allow for betterrelations with the citizens.
Mr. Cook described the rest of the process. Once the Regional Planning 1
Commission is done, Mr. Harper will finish his final review. The update will then go
through a 60 -day review by the state (CTED). During that time frame it will also go
through the public review process. '
3. Audience comments - none
4. Presentation of 2008 Preliminary Budget Forecast
City Manager Zais described the budget process that begins in June each year. He
spoke about the new Council Budget Committee chaired by Council Member Lover.
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The budget is a policy document for City Council incorporating their strategic
direction and priorities for Yakima. It is a communication document, a community 1
investment plan, and a report card on the City's financial position. The 2008 budget
is lean, balanced, approximately $180 million, and about 3.5% more than the
amended 2007 budget. He then gave highlights of the Capital Budget. At $43.5
million for 2008, it is $1.5 million more than 2007. The most notable capital
improvement is the beginning of the railroad project on Lincoln. Avenue. Mr. Zais
reviewed the labor settlements pointing out that the negotiated 0% increase in 2007
represented $1.5 million in savings. The Council Budget Committee asked City
management to identify spending reductions and over $1.5 million were identified,
$800,000 of which have been incorporated into the 2008 budget. Mr. Zais detailed
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ADJOURNED MEETING — OCTOBER 23, 2007 .
balancing the budget, dependency on cash, the reserves, the impacts of labor
settlements, unfunded state mandates, jail costs, and the economy. He identified
' many of the reductions.
With regard to staffing, there are only a few positions being added. There will be a
' new Deputy Police Chief proposed beginning mid -year. There will be an additional
inspector for the Code Department to support the increasing work volume. Although
we are not where we want to be with regard to criminal justice needs, there will be
' the addition of six police officer positions and a crime analyst We are preparing to
go back to Olympia to seek additional state funding in this area.
Rita DeBord, Finance and Budget Director, described the budget schedule noting the
1 Council will be meeting to review various sections each Tuesday in November.
• November 6 will begin with the Community and Economic Development area,
November 13 will be the Public Works divisions, November 20 covers City
Administration and Municipal Court, Police and Fire, and November 27th will be
Finance and all other utilities, e.g. Water /Irrigation, Wastewater and Stormwater.
Those meetings will be held from 8:30 a.m. until noon. There are two public
1 hearings scheduled for the Council Business meeting the evening of November 20
The first will be on the budget, and outside agencies will present their requests. The
second hearing is on property tax. The first two Tuesdays of December will be the
budget wrap up and budget approval. Following this schedule allows for the budget
to be finalized and in place by the end of December 2007. Council Member Lover
expressed concern about the time constraints of the schedule. Mr. Zais explained
' that if there are any policy issues that need further review, the Council may defer that
item.
•
5. Adjournment
BONLENDER MOVED AND CAWLEY SECONDED TO ADJOURN TO
OCTOBER 30'' ' AT 8 :00 A.M. IN THE COUNCIL CHAMBERS FOR A STUDY
1 SESSION ON WASTEWATER COST OF SERVICE STUDY AND
CONNECTION CHARGE STUDY. The motion carried by unanimous voice
;vote. The meeting adjourned at 9:55 a.m.
READ AND CERTIFIED ACCURATE BY
COUNCIL MEMBER DATE
COUNCIL MEMBER DATE
1 ATTEST:
CITY CLERK DAVID EDLER, MAYOR
Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office
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' Yakima Urban Area Zoning Ordinance Update
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TABLE OF CONTENTS
CHAPTER 15.01 TITLE, POURPOSE, JURISDICTION 5
CHAPTER 15.02 "DEFINITIONS 10
CHAPTER 15.03 ZONING DISTRICTS 38 I
CHAPTER 15.04 PERMITTED LAND USES 48
CHAPTER 15.05 SITE DESIGN AND IMPROVEMENT STANDARDS 86 1
CHAPTER 15.06 OFF - STREET PARKING AND LOADING 97
CHAPTER 15.07 SITE SCREENING 112'
CHAPTER 15.08 SIGNS 117
CHAPTER 15.09 SPECIAL DEVELOPMENT STANDARDS 131'
CHAPTER 15.10 CONDITIONS OF APPROVAL /ADMINISTRATIVE
ADJUSTMENT OF STANDARDS 140 I
CHAPTER 15.11 GENERAL APPLICATION REQUIREMENTS 143
CHAPTER 15.12 PERMITS 152'
CHAPTER 15.13 TYPE (1) REVIEW 161
CHAPTER 15.14 TYPE (2) REVIEW 163'
CHAPTER 15.15 TYPE (3) REVIEW 167
CHAPTER 15.16 APPEALS 170'
CHAPTER 15.17 MODIFICATIONS TO EXISTING OR APPROVED
USES OR DEVELOPMENT 175
CHAPTER 15.18 EXISTING USES AND DEVELOPMENT 177 I
CHAPTER 15.19 NONCONFORMING USES, STRUCTURES &
CRITICAL AREAS 180'
CHAPTER 15.20 ADMINISTRATION 189
CHAPTER 15.21 VARIANCES 194 I
CHAPTER 15.22 INTERPRETATIONS 197
CHAPTER 15.23 AMENDMENTS AND REZONES 200 t
CHAPTER 15.24 REVOCATION OF PERMITS OR APPROVALS 203
CHAPTER 15.25 VIOLATIONS AND ENFORCEMENT AND
ADMINISTRATION 205 I
CHAPTER 15.27 CRITICAL AREAS 211'
CHAPTER 15.28 MASTER PLANNED DEVELOPMENT 296
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CHAPTER 15.30 AIRPORT OVERLAY 308
I CHAPTER 15.31 INSTITUTIONAL OVERLAY 313
TABLES & FIGURES
' FIGURE 2 -1: BUILDING HEIGHT 14
FIGURE 2 -2: LOT 24
FIGURE 2 -3: LOT CORNER 25
FIGURE 2-4: LOT LINE INTERIOR 26
TABLE 4 -1: TABLE OF PERMITTED
LAND USES 50
TABLE 4 -2: TABLE OF PERMITTED HOME OCCUPATIONS 70
TABLE 4 -3: REQUIREMENTS FOR
MOBILE /MANUFACTURED HOMES ON INDIVIDUAL LOTS 80
TABLE 5 -1: DESIGN REQUIREMENTS AND SETBACKS 93
TABLE 5 -2: SUBDIVISION REQUIREMENTS 94
FIGURE 5 -1: VISION CLEARANCE TRIANGLE 95
FIGURE 6 -1: DOWNTOWN BUSINESS PARKING 99
TABLE 6 -1: TABLE OF OFF - STREET PARKING STANDARDS • 100
TABLE 6 -2: STANDARD PARKING LOT DIMENSIONS 107
FIGURE 6 -2: 108
TABLE 7 -1: REQUIRED SITE SCREENING BETWEEN USES &
DEVELOPMENT 114
FIGURE 8 -1.: SIGNS 119
FIGURE 8 -2: STREET FRONTAGE FOR SIGNS 121
TABLE 8 -1: TYPE AND NUMBER OF SIGNS PERMITTED 123
' TABLE 8 -2: MAXIMUM SIGN AREA .. 124
TABLE 8 -3: SIGN HEIGHT AND SETBACK 125
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FIGURE 8 -3: CLEAR VIEW TRIANGLE FOR SIGNS 126
TABLE I1 -1: APPLICATION REQUIREMENTS 145 III
TABLE 11 -2: NOTICE REQUIREMENTS 150
CAO TABLE 3 -1: GENERAL PERMITS OR REVIEWS 237 1
CAO TABLE 5 -1: STREAM TYPES 277 1
CAO TABLE 5 -2: WETLAND TYPES 277
CAO APPENDIX A: DESIGNATED TYPE 2 STREAMS 1
CORRIDORS 298
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Development Code Review
Yakima Urban Area Zoning Ordinance
1 Draft for Public Review
CHAPTER 15.01
TITLE, PURPOSE, JURISDICTION
' Sections:
. 15.01.010 Title and Authority
1 15.01.020 Jurisdiction
15.01.030 Purpose and Intent
15.01.040 Applicability
1 15.01.050 Compliance
15.01.060 Conflict of Provisions
15.01.070 Severability
15.01.080 Number and gender
15.01.010 — Title and Authority
The title codified in Chapters 15.01 to 15.31 of this code shall be known as the
Yakima Urban Area Zoning Ordinance. The Yakima Urban Area Zoning
• Ordinance is enacted under authority granted to Yakima County and the City of
Yakima by Article XI Section II of the Washington State Constitution and
Chapter 36.70 of the Revised Code of Washington.
1 15.01.020 — Jurisdiction
Generally. This title is enacted and administered separately by the City of
Yakima and Yakima County for lands and uses within the Yakima Urban
Growth Area. The ordinance adopted and enacted by the City of Yakima
applies to all land and uses located within the city limits of the City of Yakima.
The ordinance adopted and enacted by the County of Yakima applies to the
' unincorporated portions of the Yakima Urban Growth Area.
Yakima Urban Area Boundary: Official Boundary and Description. For
purposes of this title, the Yakima Urban Growth Area is hereby officially
declared to be that area bounded and described: (a) on the official zoning maps
adopted in accordance with Section 15.03.040 of this title and (b) in the
1 "Yakima Urban Growth Area Legal Description" codified at the end of this
title as Appendix A and hereby adopted by reference and declared to be a part
of this title. In cases of conflict between the official zoning maps and the
official legal description, the official legal description shall control.
Existing Ordinance Superseded. The provisions of this title shall be and are
1 hereby declared to supersede and replace all existing and future provisions of
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Yakima County Code Title 15 within the unincorporated areas of Yakima
County located within the Yakima Urban Growth Area as officially described
and adopted in Section 15.01.020(B). The provisions of Yakima County Code
Title 15 shall, however, continue and remain in full force and effect in the
unincorporated areas of Yakima County located outside the officially adopted
Yakima Urban Growth Area.
•
Terminology. Unless the context clearly implies some other meaning
references to county /city "county (city)" or similar terms in this title refer either
to the City of Yakima or Yakima County, whichever entity has jurisdiction
over the particular land use proposal or other item involved or affected. In no
event shall such references be construed to require, directly or indirectly, action
by either entities or their respective officials or agencies. References to
"legislative body," "Administrative Official," "Department of Community &
Economic Development Director," "Hearing Examiner" or other official or
agency under this title mean those officials or agencies of the City of Yakima
or of Yakima County, whichever entity has jurisdiction.
15.01.030 — Purpose and Intent
The purpose of this title is to implement the Yakima Urban Area
Comprehensive Plan and promote the general health, safety and welfare of
present and future inhabitants of the Yakima Urban Growth Area. The goals
and policies of the Urban Area Comprehensive Plan will be used for
interpretation and implementation of this Title. These goals are accomplished
in many ways, including:
1. Achieving public and private land use decisions consistent with the '
policies and objectives of the Yakima Urban Area Comprehensive
Plan;
2. 2. Dividing the Yakima Urban Area into districts according to the
use of land and structures and the intensity of such use;
3. Encouraging the location and use of structures and land for
commerce, industry, and residences in districts where they are
compatible with neighboring land uses;
4. Encouraging development in areas where adequate public services
including water and sewer, police and fire protection, roads, and
schools, can be provided; and limiting development in areas where
these facilities are not provided; 1
5. Securing economy in local governmental expenditures;
6. Encouraging innovative site design; '
7. Providing for adequate privacy, light, air and view;
8. Promoting development within the Yakima Urban Growth Area that
is cost effective to build and maintain.
9. Reducing the time required for public review of proposed projects; i
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10. Protecting existing land uses and property values from adverse
impacts of adjoining developments.
11. Reducing traffic danger and congestion on roads and highways;
12. Minimizing public and private losses due to flooding.
This title is designed to be flexible and intentionally increases the potential uses
or choices available to individual property owners. This flexibility is balanced
by procedures and standards based on the Yakima Urban Area Comprehensive
Plan designed to guard against and mitigate undue adverse impacts and to
protect individual neighborhoods and the community's general welfare. Both
' concepts are essential to this title and declared necessary for the promotion of
the general health, safety and welfare.
Further, this title divides all the land within the unincorporated portion of the
' Yakima Urban Area and the City of Yakima into zoning districts. Each zoning
district has an intent statement that clearly defines the district's purpose,
identifies the general character of the area within the district, and establishes
' policies to be achieved by development in the district. Distinctions between
each district are significant and based on the Yakima Urban Area
' Comprehensive Plan. The intent statements serve as a guide to the
administration and interpretation of this title and are declared to be an official
statement of legislative finding and purpose. (Ord. 2947 §1 (part), 1986)
15.01.040 — Applicability
A. Except as exempted, no use or development, or modification of use or
development, as those terms are defined, may be established, placed,
performed, constructed or implemented, in whole or in part, without a permit.
The permit required by this title is called a "development permit." Chapters
1 15.11 and 15.12 contain provisions governing such permits and applications for
permits. The following uses and modifications listed under Subsection (E) are
exempt from review and permit requirements; provided that they do not
conflict with the requirements of a previously issued permit
B. Uses of Lands are regulated by this title. (See Section 15.02.020 defining
"use," "accessory use," "structure," "site improvement," and "development. ")
This title regulates such uses in the following ways:
(1) By specific development standards which must be met (see Chapters 15.05,
15.06, 15.07, 15.08, and 15.09). Some of the development standards are
designed to be administratively adjusted to accommodate the purpose and
intent of the zoning district involved and allows flexibility of development.
(See Section 15.10.020)
(2) By prior review of more significant uses to allow general policies and
' standards to be applied; to -assure compliance with the purpose and intent of
this title; and to allow more flexibility of development and use. (See Section
15.01.030) Different types of review procedures, (Type (1), (2), or (3)) (See
' Chap. 15.13, 15.14 & 15.15), are established for different categories or classes
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of uses (Class (1), (2), or (3)). The type of review is generally determined by
the classification of the use involved under the use chart contained in Table 4 -1
(see Chapter 15.04). Accessory uses are also subject to the review processes
and development standards of this Title.
C. New and Existing Uses Regulated. Both uses established before and after 1
the adoption of this title are regulated, but are treated differently depending on
their status under this title. Permitted uses are established by Table 4 -1, which
determines which particular uses are allowed, and the degree of compatibility
of the land use in a given zoning district. Uses and development are reviewed
under Type (1), (2), or (3) processes, and if approved are called "approved
uses."
Previous uses whose principal use would be permitted in the zoning district in
which it is located are called "existing uses." Existing uses are allowed to
continue even though they have not been through the regular review procedures
of this title and may not fully comply with the development standards of this
title. Such uses may be reestablished as they previously existed if damaged or
destroyed (see Chapter 15.18). Previously established uses which were legally
established prior to the adoption of this title, but which have a principal use
which would not be permitted in the zoning district in which it was located, are
called "nonconforming uses ". Such uses are allowed to continue, but are
subject to more restrictions (see Chapter 15.19). 1
D. Changes and Alterations to Uses and Development. Changes and alterations
to approved, existing, or nonconforming uses or development are also regulated
by this title and are called "modifications." (See Section 15.02.020(117)).
Certain nominal modifications to "approved" or "existing" uses are exempt.
Other modifications to "approved" or "existing" uses, which are minor and
meet certain criteria can be administratively approved with minimal review.
Procedures for such modifications are contained in Chapter 15.17. More
significant changes to "approved" or "existing" uses and development which do
not meet the exemptions or administrative approval criteria of Chapter 15.17
must be reviewed using the normal Type (1), (2) or (3) review procedures of
this title. Modifications to nonconforming uses are regulated by Chapter 15.19.
E. Permits. Except as exempted, no use or development, or modification -of use
or development, as those terms are defined, may be established, placed,
performed, constructed or implemented, in whole or in part, without a permit.
The permit required by this title is called a "development permit." Chapters 1
15.11 and 15.12 contain provisions governing such permits and applications for
permits. The following uses and modifications are exempt from prior review
and development permit requirements; provided that they do not involve a I
required site improvement contained in a previously approved final site plan or
permit
1. Normal structural repair and maintenance; ,
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2. Changes to conforming structures, which do not involve structural
alteration as that term is defined by this title;
' 3. Rehabilitation of dwelling units, when such rehabilitation does not
expand the number of units nor physically expand the structure;
4. Accessory structures (15.04.060) otherwise meeting the specific
development standards and other requirements of this title and which
do not require a building permit under the provisions of the
applicable Building Code;
' 5. Communication towers less than thirty -five feet in height and
which meet the requirements of Section 15.04.130;
6. Exempt signs;
' 7. Yard sales meeting the requirements of Section 15.04.060;
8. Alterations to land including grading, leveling, paving and
excavation, which does not exceed 50 cubic yards;
9. Site screening and landscaping;
10. All grading, construction of private or , ublic roads, landscaping,
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construction of sewer, wastewater facilities, water, electrical, and
other utilities pursuant to an approved and valid short or long
subdivision regulating such improvements.
1 15.01.050 — Compliance
No structure, land, or use shall hereafter be constructed, erected, maintained,
enlarged, • altered, repaired, moved, improved, removed, converted, or
' demolished except as authorized by the terms of this title.
15.01.060 - Conflict of Provisions
In the case of conflicts between parts of this title and other rules, regulations,
resolutions, ordinances or statutes lawfully adopted by the county /city, the most
restrictive shall govern. In the case of conflicts between the text, maps and
tables of the title, the text shall govern unless otherwise stated.
' 15.01.070 Severability
•
This title is declared to be severable. If any division,.chapter, section,
paragraph, clause or other portion or any part adopted by reference is for any
reason held to be invalid or unconstitutional by any court of competent
jurisdiction, such invalidity shall not affect the validity of the remaining
portions of the title. If any division, chapter, section, paragraph, clause, or any
portion is adjudged invalid for any reason as applied to a particular property,
use or structure, the application of such portion of the zoning ordinance to other
' property, use or structures shall not be affected.
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15.01.080 — Number and Gender
Words designating the singular number may also be applied to the plural of
persons and things; words designating the plural may also be applied to the
singular;. words designating the masculine gender may be extended to that of
the female; and words designating the feminine gender may be extended to that
of the male.
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Chapter 15.02
' DEFINITIONS
Sections
15.02.010 Purpose.
15.02.020 Definitions.
• 15.02.010 - Purpose.
This chapter provides definitions for the terms and phrases used in this title.
' Where any of these definitions conflict with definitions used in other titles of
the county /city code, the definitions in this chapter shall prevail for the purpose
of this title.
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 Legal
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.
-A-
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
i owners of land over which it crosses.
Accessory Use means a use that is subordinate and incidental to a principal
' use.
Accessory Dwelling Unit (ADU), means a structure attached to or constructed
within a single- family dwelling (excluding a detached accessory building),
which has living facilities for one individual or family separate from the
primary single - family dwelling including at least, but not limited to, a kitchen,
bathroom, and sleeping quarters. An ADU shall not have its own mailbox,
water meter, and gas meter.
Administrative Official means the duly appointed Yakima County Planning
1 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.
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Agriculture means the tilling of soil, raising of crops, and horticulture. (See
Table 4 -1).
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; nor for processing, treating or packaging agricultural products, nor
shall it be a place used by the public. I
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 boxes of apples or other fruit and
some limited nonfood items and these products shall consist of no more than
40% of the gross floor area. This definition does not include the sale of
livestock.
Agricultural Related Industry means specifically: 1
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, or slaughterhouses, animal reduction yards,
and tallow works.
2. Processing Plants may include, but 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.
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 premise excluding I
livestock, grown 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 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, I
navigation and radar /radio communication facilities and equipment, safety and
emergency facilities, and storage and maintenance facilities.
Airport Industrial means research, design, fabrication and assembly of
aircraft, aircraft parts, and aviation - related products located on the Yakima Air
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Terminal. This use also includes storage and wholesale trade of aviation- related
products and air cargo operations and associated storage and processing.
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, 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
j 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 primary 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 roof line, 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,
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sorting, cleaning, crushing or baling of wrecked automobiles, trucks, trailers, or
machinery.
-B-
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 1
milk, soft drinks, beer, wine, fruit juices and other drinks.
Bingo Parlor. See "Game Room." 1
Boarding House 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.
Brokerage Offices, Transportation. means establishments primarily engaged
in furnishing shipping information and acting as agents in arranging 1
transportation for freight and cargo.
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. 1
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. 1
The reference datum shall be selected by either of the following, whichever
yields a greater height of building:
1
1
1
1
1
14 1
I
I .
1 t
I 4.
I 4-111, $' Datum _ . B
pr ____ ' B
I 5'
More
then 10'
1 t1
Less than 10' A
Case 2
Casel
I Determination of Building Height in Feet
FIG 2 -1
1 -. The elevation of the highest adjoining sidewalk or finished ground
I 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;
1 2. An elevation ten feet higher than the lowest finished grade when the
highest sidewalk or finished ground surface described in Item one above is
I more than ten feet above lo west finished grade. See Figure 2 -1 above.
The height of a stepped or terraced building is the maximum height of any,
segment of the building.
I 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.
I Business School means a commercial or public school providing instruction
solely in professional skills such as: business management, accounting,
I secretarial skills, sales, marketing and merchandising.
Butcher Shop means a custom retail meat cutting operation. This definition
I does not include slaughtering, but does. include other accessory uses such as
frozen food lockers.
I
Campground means a development providing facilities for outdoor
recreational activities, including structural improvements such as covered
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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. 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. 1
Center Line of Right -of -Way means the mid -point between the future
alignment of the opposite edges of the right -of -way. 1
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. I
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
Chapter 15.04 of this title 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
Chapter 15.04 of this title 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, the provisions
and standards of this title and the policies of the Yakima Urban Area
Comprehensive Plan. 1
Class (3) Uses are those uses set forth and defined in the text and tables of
Chapter 15.04 of this title and_are considered 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) uses may be permitted by the Hearing Examiner when he
determines, after holding a public hearing, that the use complies with
provisions and standards of this title; and that difficulties related to the
compatibility, the provisions of public services, and the Yakima Urban Area
Comprehensive Plan policies have been adequately resolved.
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Class (1) or (2) or (3) Use, Approved. means any use or development
approved upon completion of Type (1) or (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 has been or would be classified under Chapter 15.04 of this title 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 ( (2) or (3)
use with an approved modification under Chapter 15.17.
I Clean & 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 & 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 chapter
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, 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 line -of -sight
relay. This definition includes towers erected for use in the amateur radio
service.
Communication Tower Height means the vertical distance above the ground
measured to the highest point of the communication tower. .
Community Center means a facility owned and operated by a public agency
or nonprofit corporation; provided, that the principal use of the facility is for
public assistance, community improvement, or public assembly.
Community Water System See "Water System."
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Compatibility means the characteristics of different uses or development 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 I
Yakima Urban Area or any portion thereof.
Concentrated Animal Feeding Operation means a structure or pens for the 111 .
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 1
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 and cases for contagious or communicable diseases which .1
are customarily treated in sanitariums and hospitals.
Converted Dwelling means a structure which, due to alterations, has been
modified to increase the number of individual dwelling units. This definition
does not apply to multi- family structures constructed under the .provisions of
this title.
Cosmetic Services means tattooing, body piercing, and similar services.
County means Yakima County.
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-D-
Dangerous Waste means those solid wastes designated in Washington
Administrative Code, hereafter, "WAC," 173 -303 -070 through 173- 303 -103 as
dangerous or extremely hazardous waste.
Day means calendar day. (See Section. 15.20.120 for Computation of Time.) 1
Day Care Facility means a building or structure in which an agency, person, or
persons regularly provide care for a group of non - related individuals (children
or adults) for periods of less than hours a day. This includes Family Day Care
Homes, and Day Care Centers.
Day Care Center means a day care facility that supplies care, attention, I
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 said State DSHS requirements.
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Day Care Home, Family means 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 Yakima County Planning Division or the Department of
Community & Economic Development of the City of Yakima, whichever is
appropriate.
Desk Top 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;
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 multi - family residential and
commercial use(s) into a single coordinated project.
r 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
1 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.
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.
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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.
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 non - medical 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 111
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 1
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 Unite does not include recreational vehicles or mobile homes.
-E-
Earthen Material means sand, gravel, rock, aggregate and /or soil.
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.
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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 Chapter 15.04 of this title as a Class (1) or (2) or
(3) use in the appropriate zoning district.
-F-
Family means individuals, consisting of two or more persons related by blood
or marriage, 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 use pursuant to RCW 70.128.180;
' 2. State licensed foster family homes and group care facilities as
defined in RCW 74.15.180, subject to the exclusion of subsection
(C) of this section;
3. Group homes for the disabled required to be accommodated as
residential uses pursuant to the Fair Housing Act amendments as the
same exists or is hereafter amended.
t 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 (D)(2) of this section.
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 (D)(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.
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3. Accessory Dwelling Units (ADUs). When an accessory dwelling
unit (ADU) is approved pursuant to YMC Chapter 15.09.200, only
one of the dwelling units, either the primary residence or the ADU,
shall be used to house renters and /or unrelated persons who are
students. Occupancy of the ADU shall not exceed one family as
defined in subsection (A) of this section.
a. See YMC Section 15.02.020 for a definition of Accessory
Dwelling Unit.
4. 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 site screening.
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 1
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 offsite consumption. Includes confectioneries,
catering services, and preparation of food items for wholesale.
-G-
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 111 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.
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 I
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or, when the property line is more than five feet from the building, between the
I building and a line five feet from the building.
Gross Floor Area. See Section 15.06.040. Group Home means a place for handicapped, physically or developmentally
disabled adults, or dependent or pre- delinquent children, providing special care
in a homelike environment. This definition includes homes of this nature for six
I or fewer persons, excluding house parents.
-H- _
I 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
I providing residence to individuals needing correctional institutionalization; and
4) detoxification centers licensed by the state where alcohol and drugs abusers
can be placed in lie of incarceration for detoxification and treatment from .
I effects of alcohol and drugs. (Also see Clean & Sober).
Hazardous Materials means any item listed as hazardous by a Federal Agency
or State Department of Ecology or the Yakima Regional Clean Air Authority.
I See 15.13.020(3).
Hazardous Waste means and includes all dangerous and extremely hazardous
I wastes as defined in RCW 70.105.010.
Hazardous Waste Generator means any person or site whose act or process
produces dangerous waste or whose act first causes a dangerous waste to
I become subject to regulations under the Dangerous Waste Regulations, WAC
Chapter 173 -303.
I Hazardous Waste, Onsite means hazardous waste treatment and storage
facilities, which treat and store waste generated on the same lot.
Hazardous Waste, Offsite means hazardous waste treatment and storage
I facilities that treat and store waste from generators on properties other than
those on which the offsite facilities are located.
I Hazardous Waste, Storage means the holding of dangerous waste for a
temporary period. Accumulation of dangerous waste by the generator on the
site of generation is not storage as long as the generator complies with the
I applicable requirements of WAG 173 - 303 -200, and 173 - 303 -201.
Hazardous Waste Treatment means the physical, chemical, or biological
processing of dangerous waste to make such waste non - dangerous or less
' dangerous, safer for transport, amenable for energy or material resource
recovery, amenable for storage, or reduced in value. .
I Hearing Examiner means that person appointed by the Yakima City Council
and Board of County Commissioners.
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Home Instruction means the teaching of an art, hobby, skill, trade, profession,
or sport as a home occupation, except when otherwise prohibited. See 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 I
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 1
nervous disorders.
-I-
Impervious Surface means any material which reduces or prevents 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. 1
-K-
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.
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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.
t 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: (a) which is defined by boundaries and shown on
a final plat or short plat officially recorded in the Yakima County Auditor's
Office; or (b) which is a legally recognized prior division or parcel under the
provisions of Yakima County's Subdivision Ordinance or the City of Yakima's
Subdivision Ordinance (Title 14).
Lot Area means the total horizontal area within the boundary lines of the gross
lot.
•
t Lot Corner means 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.
Lot Depth means the horizontal length of a straight line drawn from the mid-
point of the front lot line to the midpoint of the rear lot line. See Figure 2 -3. •
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:
a. In the case of a corner lot, the front lot line shall be the property line
' with the narrowest street frontage, except, the building official, or his
designee, shall designate the front lot line for corner lots in residential
districts.
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b. 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, theofront 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)
Lot Line, Rear means the property line which is opposite and most distant 1
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 . 1
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.
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 1
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. (Ord. 93 -81 §9, 1993)
Low Impact Development means stormwater management . and land
development strategies that emphasizes 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 emphasis conservation and use of on -site natural
features.
-M-
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 111
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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 built after June 15, 1976.
Manufactured homes are further classified as follows:
I I: 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
g
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 Chapter 15.28 of this title. Planned
Residential Development, Planned Commercial Development, Planned
Industrial Development, 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. This definition
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 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 coach, recreational vehicles or motor home.
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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 Section 15.04.110) on the same parcel with another home.
Mobile Home Park Expansion means the preparation of additional sites for 1
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 that meets the requirements of
the Uniform Building Code and is constructed in a factory and transported to
the building site. Modular homes are not subject to special review; they are 1
subject to the same standards as a site -built home.
Multiple Building Complex means a group of structures housing separate
businesses, which share 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. 1
-N-
Net Residential Acre means forty -three thousand five hundred sixty (43,560) 1
square feet minus the area in private and public streets, rights -of -way, and
access easements. (See Section 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 which was lawful prior to the
adoption or amendment of this title, but which fails by reason of such adoption
or amendment, to conform to the present requirements of the zoning district in
which it is located.
Nonconforming Use means a use of land or structure, which was lawfully
established and maintained, but does not conform to this title for the zoning
district in which it is located. 1
Nuisance means any use, activity or structure that interferes with the
enjoyment and use of one's property by endangering personal health or safety, 1
offending the human senses and /or failing to conform with the provisions,
intent, or standards of the district in which the use, activity or structure occurs.
Nursery means facilities used for the propagation and sale of agricultural or 1
ornamental plants and related products. Nurseries are further classified as
follows: 1
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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.
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.
-O-
' 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.
-P-
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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.
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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 business providing specialized services such as:
interior home or business design, shopping services, except as otherwise I
regulated.
Pet means a domesticated animal kept for pleasure or as a hobby rather than
utility.
Planning Commission means the duly constituted Regional Planning
Commission (RPC) for the Yakima Urban Growth Area. i
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 I
approval. Changed to reflect original intent of Class 2 & 3 Sections
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. 1
Private Water System See "Water System, Individual."
Product Assemblage means a business or service involved in assembling 1
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.
g
Public Hearing means a meeting open to the public that is announced and 111 advertised in advance at which the public is given an opportunity to participate.
Public Water System See "Water System, Public."
-R-
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, ballfields 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. i
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Recycling Center means a facility where discarded household products such as
aluminum and tin cans, glass, paper, and other similar individual consumer
products are deposited and stored for future reprocessing.
Residential Density, means the number of dwelling units per net acre of land.
I This term includes dwelling unit density.
Restaurant means an establishment operated primarily for preparing, cooking, •
' and serving meals, with the serving of beverages as incidental thereto.
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. •
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. Lumberyards, 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
1 rest homes, hospitals or sanitariums..
Reviewing Official means the Building Official, Administrative Official,
. Hearing Examiner, 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.
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-S-
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.
Second Hand Store means a retail business selling used goods.
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. i
Sewer System, Regional means sewer service provided by a municipality or
special purpose district.
Sewer System, Community means small, self - contained sewage treatment
facilities built to serve developed areas generally found outside public sewer
service areas. 1
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. 1
Sign See Chapter 15 .08 for a complete listing of sign definitions.
Sign Manufacturing & 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 which 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.
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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."
I Standard, Administrative Adjustment Of. means a change, either an increase
or decrease, in one or more of the development standards in Chapters 15.05
through 15 .08 of this title in accordance with the provisions of 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),
1 or Type (3) review.
Standard, Specific. means those numerical standards established in 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
1 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 warehouses) 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.
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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 public or private road.
Structural Alteration means: (1) Any change in a major component or other 1
supporting members of the structure, including foundations, bearing walls,
beams, columns, floor or roof joists, girders, 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 1
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 i
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. 1
T-
Technical Equipment means medical, dental, fire suppression, restaurant, etc.
Tavern means an establishment operated primarily for the sale of wine, beer,
or other beverages with any service of food incidental thereto. I
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 "storage vehicle facility." Hulk Haulers
are not included under this definition.
Travel Agency — See "Professional Business. t
-U-
Urban Growth Area means the area within the city limits of Yakima and i
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 Section
15.01.020 of this title. 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. 1
Urban Services include, but are not limited to, public water and sewer lines,
neighborhood parks, street lights, police and fire protection. '
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Use means the activity or purpose for which land or structures or combination
of land and structures are 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) use."
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.
1 Use, Temporary means a use established under Section 15 .04.100, 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 which use 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." .
I 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 Section 15.05.040.)
-W-
Warehouse means a structure used for the storage of goods and materials. Also
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
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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.
Waste Water Spray Field means an agricultural or otherwise vegetated field
that 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 Chapter 70.105 RCW
Water System, Public means any system, excluding a system serving only one 1
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; to industrial, commercial, institutional or professional
business users; or to other wholesalers. 1
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)
-Y-
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. I
Yard, Side means an open area between the side wall line of the structure and
the sideline of the lot.
-Z-
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 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 I
see and observe, zoological park.
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Chapter 15.03
Zoning Districts 1
Sections i
15.03.010 Purpose and Establishment of Zoning Districts
15.03.020 District and Map Overlay Intent Statements
15.03.040 Map of Zoning Districts and /or Overlay's.
15.03.010 – Purpose and Establishment of Zoning Districts
The following zoning districts are established to protect the public health,
safety, and general welfare by implementing the goals and policies adopted in
the Yakima Urban Area Comprehensive Plan.
Residential Districts
Suburban Residential District (SR)
- Single - Family Residential District (R -1)
— Two - Family Residential District (R -2)
— Multifamily Residential District (R -3)
Commercial Districts
— Professional Business District (B -1)
— Local Business District (B -2)
— Historical Business District (HB)
— Small Convenience Center District (SCC) 1
— Large Convenience Center District (LCC)
— Central Business District (CBD)
— General Commercial (GC)
— Regional Development (RD)
— Airport Support (AS)
Industrial Districts
— Light Industrial District (M -1)
— Heavy Industrial District (M -2)
Overlay Districts
— Airport Safety Overlay (ASO)
— Floodplain Overlay (FO).
— Greenway Overlay (GO) •
— Institutional Overlay (I0)
— Master Planned Development Overlay (MPDO)
15.03.030 District and Ma p Overlay Overla 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; shall serve as a guide for determining the appropriate
location of uses; help determine appropriate conditions for development; and 1
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help the Administrative Official interpret the standards and provisions of this
title.
1. 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 Section 15.05.030(C) Table 5.1)
This district is further intended to: .
A. 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 and,
' B. 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; and,
C. 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,
D. 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 Section
15.05.030(E).
2. Single- Family Residential District (R -1). The single - family residential
district is intended to:
A. 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; and
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B. 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
C. 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 percent lot coverage; access to
individual lots by local access streets; large 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 less.
This zone is intended to afford single- family neighborhoods the highest I
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 1
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. i
Development exceeding seven dwelling units per net residential acre, may
be allowed in accordance with Table 4 -1.
3. Two - Family Residential District (R-2). The purpose of the two-family
residential district is to:
A. Establish and preserve residential neighborhoods for detached single- 1
family dwellings, duplexes and other uses compatible with the intent of
this district; and
B. 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 percent lot coverage, access via
local .access streets and collectors, one and two story buildings, some
clustering of units, and large 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 Table 4 -1, Chapter
15.04.
4. Multi- Family Residential District (R -3) The Multi - Family Residential
district is intended to:
A. Establish and preserve high- density residential districts by excluding
activities not compatible with residential uses; and, 1
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B. Locate high- density residential development more than twelve dwelling
' units per net residential acre in areas receiving the full •.range of urban
services; and
C. Locate high- density residential development near neighborhood
' shopping facilities; and,
D. 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.
•
5. Professional Business District (B -1). The Professional Business district is
intended to:
A. Establish and preserve areas for professional offices; and
B. Provide a buffer between commercial clusters and residential
neighborhoods; and.
1 C. 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. Site screening 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.
1 • 6. Local Business District (B -2). The purpose of the Local Business District is
to:
A. Provide areas for commercial activities that meet the small retail
' shopping and service needs of the community; and
B. 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.
7. 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
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expansion of the use onto adjoining lots. 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 which serve the immediate residential neighborhood around this
district. This zoning district is not intended to be allowed to be further
expanded or formed.
8. Small Convenience Center District (SCC). The purpose and intent of the
Small Convenience Center district is to:
A. Provide areas for commercial activities outside the downtown
commercial district that meet the retail shopping and service needs of I
the community; and
B. Accommodate small commercial centers, generally two to five acres in
size, where most of the commercial uses have located in a coordinated 1
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.
9. Large' Convenience Center (LCC). The purpose and intent of the Large 1
Convenience Center district is to:
A. Provide areas . for commercial activities outside the downtown
commercial district that meet the retail shopping and service needs of
the community; and
B. Accommodate commercial centers, generally five to ten acres in size, 1
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.
10. 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.
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11. 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.
12. 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.
' 13. Regional Development District (RD) The a ose of the Regional
p � g
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
residential development, financial institutions, professional office buildings,
hotels, condominiums and corporation headquarters.
14. Light Industrial District (M -1)
The intent of the light industrial district is to:
A. Establish and reserve areas near designated truck routes, freeways. and
p g � y
the railroad for light industrial uses; and
1 B. Direct truck traffic onto designated truck routes and away from
residential streets; and
C. Minimize conflicts . between uses in the light industrial district and
surrounding land uses.
The light industrial .district provides areas for light manufacturing,
' processing, research and wholesale trade, storage and distribution facilities.
Uses permitted in this district should not generate noise levels, light, odor
1 or fumes that would constitute a nuisance or hazard.
15. Heavy Industrial District (M -2)The intent of the heavy industrial district is
to:
A. Establish and preserve areas near designated truck routes, freeways and
the railroad for heavy industrial uses; and
B. Direct heavy truck traffic onto designated truck routes and away from
t residential streets; and
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C. Minimize conflicts between heavy industrial uses and surrounding land
uses. ' 1
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. 1
16. 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:
- A. Preserving land adjacent to the Yakima Air Terminal at McAllister
Field for future commercial and industrial development; and
B. Assuring that land uses locating near the airport are compatible with
noise, height obstruction and other impacts from the airport operation.
17. Floodplain Overlay (FO) The purpose of the Floodplain Overlay is to: i
A. Protect natural drainage system associated with ' floodways and
floodplains;
B. Ensure that new development will not affect the flood elevations in i
surrounding areas;
C. Ensure adequate protection of life, health and property from flood
events; 1
D. Control development located within the 100 -year floodplain unless it is
possible to mitigate;
E. Ensure development is restricted within the floodway unless it is water
dependant;
F. Emphasize FEMA standards in planning for flood prevention and
damage reduction.
G. Comply with the City of Yakima's Shoreline Master Program.
H. Minimize the expenditure of public money for flood - control projects;
and,
I. Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken with public money;
J. Minimize damage to public facilities and utilities such as water lines,
sewer lines, and streets;
K. Protect river, creek and stream channels from encroachment so that
flood heights and flood damage will not be appreciably increased; and,
L. Ensure that potential buyers are notified that FEMA mapping is used to
help identify that property is in an area of special flood hazards; and,
M. 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 c
development actions;
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N. Continue to implement the National Flood Insurance Program; and,
' O. Use and enforce the Building Code to help minimize losses due to
flooding. •
1 18. 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
1 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:
A. Make the Greenway more attractive and accessible to the public;
B. Assure development conserves shoreline vegetation and controls
' erosion;
C. Implement the Yakima County /City Shoreline Master Program and the
Yakima River Regional Greenway Plan;
' D. Limit development to activities which are particularly dependent on a
location in the Greenway;
E. Preserve and protect the fragile natural resources and culturally
' significant features along the Greenway;
F. Increase public access to publicly -owned areas of the Greenway where
increased use is desirable;
G. Protect public and private properties from the adverse effects of
improper development in hazardous shoreline areas;
H. Give preference to uses creating long -term over short-term benefits.
19. 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. (Ch. 15.28)
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20. Institutional Overlay The Institutional
v (1 O) nstituhonal 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. (Ch. 15.31)
The Institutional Overlay includes provisions to:
A. Make the institution more compatible and accessible to the public; 1
B. Assure development has the ability for future expansion;
C. Provide increased protection such as increased buffers as the institution
locates closer to residential districts, especially R -1.
D. Utilize the goals and policies of the Yakima Urban Area
Comprehension Plan.
15.03.040 Map of Zoning Districts and Overlays.
A. Adoption, Changes, Filing, Replacement. 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
of this title. In addition, any adopted overlay shall be displayed on the zoning
map as identified by the adopted ordinance.
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.
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. ,
Any changes in the district boundaries established by this title shall be made in
accordance with the provisions of this title. The official zoning map shall be
promptly changed after the amendment has been approved by the respective
legislative body.
No changes of any kind shall be made on the official zoning map except in I
conformance with the procedures of this title. Any unauthorized change by any
person(s) shall be considered a violation of this title and punishable as provided
under Chapter 15.25. -
1
If the official zoning map becomes damaged; destroyed, lost, or difficult to
interpret because of the nature or number of changes and additions, the 1
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legislative body may, by resolution, adopt a new official zoning map, which
shall supersede the prior official zoning map. The new official zoning map
1 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, which are periodically updated by the Federal Emergency
Management Agency (FEMA).
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Chapter 15.04
PERMITTED LAND USES
A. Sections:
15.04.010 Purpose.
15.04.020 Land use classification system.
15.04.030 Table of permitted land uses.
15.04.040 Unclassified uses.
15.09.050 Zero Lot Line Development
15.04.060 Accessory uses.
15.04.070 Overlays
15.04.080 Drive -Thru Facilities
15.04.090 Yard Sales.
15.04.100 Caretaker Dwellings.
15.04.110 Swimming Pools.
15.04.120 Home Occupations.
15.04.130 Temporary Use Permits
15.04.140 Temporary Hardship Unit Permits
15.04.150 Standards for Mobile /Manufactured Home Parks
15.04.160 Placement of Mobile /Manufactured Homes in
Residential Districts
15.04.170 Placement of Manufactured Modular Nonresidential
Structures
15.04.180 Communication Towers
15.04.190 Social Card Rooms
15.04.200 State Fair Park — Exposition & Special Events Center 1
15.04.010 - Purpose
For any particular district, there are some uses that are consistent with the
intent and character of the zoning district; some uses that may be consistent if
careful site design neutralizes the adverse characteristics of the use or site; and
other land uses that, regardless of site design, are not consistent with the intent
or character of the district. The purpose of this chapter is to establish the
degree to which each land use is permitted in each district and establish the
appropriate type of review for each land use in terms of the specific standards 1
and requirements of each district.
15.04.020 - Land Use Classification System.
Land uses within each zoning district shall be classified into four principal
categories: which establish a Class of use. The Class of use generally
corresponds to a Type of review that is based on a level of review complexity. 1
However, certain circumstances may alter the Type of review due to a higher or
lower complexity.
A. Class (1) Uses are permitted; provided, that the district standards of this title
are met. The Administrative Official shall use the procedures in Chapter 15.13
to review Class (1) uses and associated site improvements. Class (1) uses in
certain situations may require a Type (2) review, as required by 15.13.020. The
48 1
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procedures in Chapter 15.14 shall be used to review and evaluate Class (1) uses
that require a Type (2) review process.
B. Class (2) uses are generally permitted in the district: However, the
compatibility between a Class (2) use and the surrounding environment cannot
' be determined in advance, and occasionally a Class (2) use may be
incompatible at a particular location. Therefore, a Type (2) review by the
Administrative Official is required in order to promote comp w
1 intent and character of the district and the policies and development atibility criteria ith the of
the Yakima Urban Area Comprehensive Plan. The procedures in Chapter
15.14 shall be used to review and evaluate Class (2) uses. In certain
circumstances, the Administrative Official may require that a Class (2) use
undergo a Type (3) review, as provided elsewhere in this title.
' C. Class (3) Uses are generally not permitted in a particular district, but may be
allowed by the Hearing Examiner after a Type (3) review and public hearing.
The Hearing Examiner may approve, deny, or impose conditions on the
' proposed use and site improvements, to promote compatibility with the intent
and character of the district and the policies and development criteria of the
Yakima Urban Area Comprehensive Plan. The procedures in Chapter 15.15
shall be used to review and evaluate Class (3) uses or Class (2) uses that have
been forwarded to the Hearing Examiner for review..
D. Uses Not Permitted. Any use listed in Table 4 -1 and not classified as either a
Class (1), (2) or (3) use in a particular district, shall not be permitted in that
district. A request for an Unclassified Use, under 15:04.040, that is denied by
the Hearing Examiner is considered as a Use Not Permitted.
E. Multiple Uses. When two or more uses are proposed for the same project,
the entire project shall be subject to the Type of review required by the highest
' classified use, Class ( 3 ) uses being higher than Class (2), and Class (2) uses
being higher than Class (1).
' 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 Section 15.04.020. All permitted land uses
and associated site improvements are subject to the design standards and
1 review procedures of this title.
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Table 4 -1 SR R1 R2 R3 B1 B2 HB SCC LCC AS GC CBD RD M1 M2
To N U) . " o _ t) (6 C C
To t •
C C CO N a) f 0 a) _
C
a) a) c a) U 0 .
_ E m
a N '7 7 .j a) C o o fl a) 0 O C •C
us a)
C_
a) a cr m v7 m a) a) _. - E a) > o
i:C > T >+ C m E E (1) 0 . m -o C —
c ' 0 _ > > U 7 0 >
a E N m c c c 0 m CO m t
Cl) u_ co co 0 o o o 2 c m c
CD o 0 0 c o a)
o 4 o J = — a) Q a) c _
E co
SR R1 R2 R3 B1' B2 HB SCC LCC AS GC CBD RD M1 M2
AGRICULTURAL (COMMERCIAL) AGRICULTURAL (COMMERCIAL)
Agriculture, Horticulture, General 1 1 1
Farming (not feedlots and stockyards)
(")
Agricultural Building ( *) 1 • 1 1
Agricultural Chemical Sales /Storage 1 1
Agricultural Market ( *) 1 1 1 1 1 1 1 1
Agricultural Stand ( *) 1 1 1
Agricultural Related Industries ( *) 3 1 1
•
•
Animal Husbandry (See YMC 1 2 1 1
15.09.090) ( *) •
•
50
i ® r — — i i i _® •
UM MI • MI • ® MI M MI IIIIII • MI MI NM •
Table 4-1 SR R1 R2 R3 B1 B2 HB SCC LCC AS GC CBD RD M1 M2
Concentrated Feeding Operation ( *) 3
Floriculture, Aquaculture 1 1 1
•
Fruit Bin Sales /Storage 3 1 1
AMUSEMENT AND RECREATION AMUSEMENT AND RECREATION
Amusement Park (Permanent) ( *) 3 3 3 1 3
Bowling Alleys 2 2 2 1 1 2 3
Campground ( *) 3 2
Drive in Theatres 3 2 2 2
State Fair Park (see YMC (See YMC Section 15.04.200)
15.04.135) ( *)
Game Rooms, Card Rooms, Electronic 3 2 2 2 2
Game Rooms ( *)
Social Card Rooms (See YMC 3 3 3 3
15.09.190)( *)
Golf Courses, Clubhouses, Golf Driving 3 3 3 3 • 1
Ranges
Gymnasiums, Exercise Facilities (Not 3 2 2 1 1 1 1 1 2
• associated with a use allowed in the •
zoning district.) '
Horse Racing Tracks, Speedways 3 . 3
•
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•
Table 4 -1 SR R1 R2 R3 B1 B2 HB SCC LCC AS GC CBD RD M1 M2
Miniature Golf Courses 3 • 3 1 1 1 1
Movie Theatres, Auditoriums, Exhibition 3 1 1 1 1
Halls
Aquatic Center 3 3 3 1 2
Parks ( *) 2 3 2 2 2 2 2 2 2 2 2 1 2 2
Roller Skating or Ice Skating Rink 2 2 1 1 3
COMMUNITY. SERVICES COMMUNITY SERVICES
Cemetery / Crematorium with Funeral 3 3 3 3 3 3
Home
Churches, Synagogues, Temples ( *) 2 3 2 2 2 2 2 2 1 1 2
Community Center ( *) Meeting Halls, 2 3 2 2 2 2 2 2 2 1 1 2
Fraternal Organizations
Convalescent, Nursing Homes and 3 3 3 , 3 3 3 3 3
Group Homes ( *)
Day Care Facilities (not home 1 2 2 2 2 2 2 2 1 1 1
occupation): Family In -Home ( *)
Day Care Center ( *) 3 3 3 2 1 1 2 1 1 1 1 2 1
Funeral Home not associated with 3 - 2 2 2 1 1 1 2 2
Cemetery / Crematorium
Police, Fire Stations, Ambulance 3 3 3 3 2 2 2 2 1 1 1 1 1 1
Service
52
® ! MO 1100 ® OM MI 11111 ® ® ® i MI MN OM _ ® ® M
M an MI r IN IIIIIII MI = UM In ® MO. O all ® ® •
Table 4 -1 SR R1 R2 R3 B1 B2 HB SCC LCC AS GC CBD RD M1 M2
Hospital ( *) Inside Institutional Overlay (See YMC Section 15.31)
Hospital (") Outside, Institutional Overlay 3 3 3 3 3 3 3 3
Treatment Centers For Drug and 3 3 3 3 3 3 3 3
Alchohol Rehabilitation .
Correctional Facilities 3 3 3 3 3 3
Community College / University - Inside (See YMC Section 15.28) •
Institutional Overlay
Community College / University - 3 3 3 3 3 2 2 • 2 2 2 3 2 2
Outside Institutional Overlay
Libraries 3 3 3 2 1 2 1 1 1 1 1 1
•
• Museums, Art Galleries 3 3 2 1 2 1 1 1 2 1 1 1
Schools, Elementary and Middle ( *) 3 3 3 3 3 3 1 3
Senior High School( *) 3 3 3 3 3 3 3 3
Business Schools( *) 3 3 3 3 3 3 2 2 • 1 1 2 2
Vocational Schools ( *) 3 3 3 3 • 3 2 2 2 2 1 1 1 3
Wastewater Sprayfield ( *) 3 3 3
Zoo (*) 3 3 3 3 3
MANUFACTURING MANUFACTURING
Aircraft Parts 1 1 1 .
•
•
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Table 4 -1 SR R1 R2 R3 B1 B2 HB SCC LCC AS GC CBD RD M1 M2
Aircraft Commercial (*) and Industrial ( *) 1 1 2
uses on land owned by the Airport
Board
Apparel and Accessories 3 2 1 1
Bakery Products (wholesale) 2 2 2 2 1 1
Beverage Industry( *) 2 2 2 1 1
Canning, Preserving and Packaging 1 1
Fruits, Vegetables and Other Foods
Cement and Concrete Plants 3 1
Chemicals (Industrial, Agricultural, 3 1
Wood, etc.)
Concrete, Gypsum and Plaster Products 1 1
Confectionery and Related Products 2 2 2 1 1 1 1
(wholesale)
Cutlery, Hand Tools and General 1 1
Hardware
Drugs 2 1 1
Electrical Transmission and Distribution 2 1 1
•
Equipment
54
MIN 11111 — ® ® — — — — i M MS ® OM ® MN ® NM NE
OM UM BM MO ! UM • NM MN • all NM NM MN MB • I
•
Table 4 -1 SR R1 R2 R3 B1 B2 HB SCC LCC AS GC CBD RD M1 M2
Electronic Components and Accessories - 2 2 1 1
and Product Assembly
•
Engineering, Medical, Optical, Dental, 2 2 1 1
Scientific Instruments and Product
•
Assembly
Fabricated Structural Metal Products 2 3 3 1 1
Food Processing 2 1 1
Furniture and Custom Cabinet Shops 3 1 1
and Product Assembly
Glass Pottery and Related Products and 2 2 1 1
Assembly
Grain Mill Products 3 1 1
Heating Apparatus Wood Stoves 1 1
Leather Products 3 1 1
Leather Tanning and Finishing 1 1
Machinery and Equipment 2 1 1
Meat, Poultry and Dairy Products 1 1
Paints, Varnishes, Lacquers, Enamels 3 1
and Allied Products
Paperboard Containers and Boxes
•
3 1 1
•
•
•
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•
Table 4 -1 SR R1 R2 R3 B1 B2 HB SCC LCC AS GC CBD RD M1 M2
Plastic Products and Assembly 2 1 1
Prefabricated Structural Wood Products 1 1
•
and Containers •
Printing, Publishing and Binding 3 1 1
Printing Trade (Service Industries) 2 2 2 1 1 1
Rendering Plants, Slaughter Houses 3
Rubber Products 2 1
Sign Manufacturing and Product 2 2 1 1 1
Assembly ( *)
Sawmills and Planing Mills 2 1
Sheet Metal and Welding Shops 2 1 1
Stone Products (includes finishing of 2 2 2 1 1
monuments for retail sale)
Transportation Equipment, Including 1 1
Trailers and Campers
Woodworking: Cabinets, Shelves, etc. 3 2 1 1
MINING /REFINING /OFF -SITE MINING /REFINING /OFF -SITE HAZARDOUS WASTE TREATMENT
HAZARDOUS WASTE TREATMENT
Asphalt Paving and Roofing Materials, 3 3 1
Rock Crushing
56
• • M — — .— — • OM • MO • r MN • — M • •
S i • i OM I NM • UM — I M — • I • MI MN
•
•
Table 4 -1 SR R1 R2 R3 B1 B2 HB SCC LCC AS GC CBD RD M1 M2
Mining Including Sand and Gravel Pits 3 3 3
( *)
Stockpiling of Earthen Materials( *) 2 2 2 2 1 1 1 1 1 1 1 1 1
Off -Site Hazardous Waste Treatment 3 3
and Storage Facilities( *) .
RESIDENTIAL RESIDENTIAL
Accessory Uses ( *) See YMC 15.04.050
Detached Single - Family Dwelling ( *) 1 1 1 1
Detached Single- Family Dwelling (zero 2 2 2 2
lot line) ( *)
Attached Single - Family Dwelling ( *), 2 2 1 1
Common Wall ( *)
Two - Family Dwelling (Duplex) ( *) 3 3 1 1
Converted Dwelling ( *) 3 3 2 2 2 2 2 2 2 2 1
Multifamily Dwelling ( *): 0 -7 DU /NRA 2 1 2 2 2 2 2 2
8 -12 DU /NRA 2 1 2 2 2 2 2 2
13+ DU /NRA 3 1 2 2 2 2 2 .2
Multi- Family Above Ground Floor Non- 1 1 1 1 1 1 1
residential
Planned Development ( *) See YMC 15.28
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Table 4 -1 SR R1 R2 R3 B1 B2 HB SCC LCC AS GC CBD RD M1 M2
Mobile Home Parks ( *) 3 2 2
Mobile Home ( *) or Manufactured See YMC 15.04.120
Homes ( *) .
Boarding House ( *) 3 3 3 3 3 1 2
Clean and Sober Facility or Halfway 3 3 3
House( *)
Retirement Homes ( *) 2 3 1 3 1 1
•
Temporary Hardship Units (See 2 2 2 2 2 2 2 2 2 2 2
YMC 15.04.110)
RETAIL TRADE, AND SERVICE RETAIL TRADE, AND SERVICE
Addressing, Mailing, and Stenographic 1 1 2 1 1 1 1 1
Services
Advertising Agencies 1 1 2 1 1 1 1 1
Animal Clinic /Hospital /Veterinarian ( *) 3 2 2 2 1 1 1 1 ,
Antique Stores 2 2 2 1 1 1
Artist's Supplies 1 1 1 1 1 1 1
Auction House for Goods ( *) 3 3 3 3 3 3 2 2
Auction House for Livestock ( *) 3 3
Automobile Dealer New and Used Sales 2 2 1 3 1 1
58
- - i OM MO • O- MI OM - MO - • MO a • MI •
r Mr mu r ir no r no on me r r r r ® ®® Mil •
Table 4 -1 SR R1 R2 R3 B1 B2 HB SCC LCC AS GC CBD RD M1 M2
Weekend Automobile and Recreational 1 1 1
Vehicle (RV) Sales
Automotive: Car Wash / Detailing 2 2 1 1 1 2
Parking Lots and Garages 2 1 1 1 1 1 1 1 1
Maintenance and Repair Shops 2 1 1 1 2 1 2
Massage Therapy / Spa ( *) 1 1 1 1 1 1 1
Paint and Body Repair Shops 2 3 1 1 1 2
Parts and Accessories (tires, batteries, 2 2 1 1 2 1 2
etc.)
Towing Services 1 1
Wrecking and Dismantling Yard (*) 3 1
Bail Bonds 1 1 1
Bakery 2 1 1 1 1 1 1 1 1
Beauty and Barber Shops 2 1 2 1 1 2 1 1 1 2
Bed and Breakfast Inn ( *). 2 2 2 2- 2 - 2 1
Boats and Marine Accessories 2 2 1 1 1 1
•
Books, Stationery, Office Supplies 2 1 1 1 1 1 1 1 2
Butcher Shop 1 1 1 1 2 2 1
•
59
Table 4 -1 SR R1 R2 R3 B1 B2 HB SCC LCC AS GC CBD RD M1 M2
Call Center 2 1 1 1 1 1
Camera Store 2 1 2 1 1 1 1 1 1
Candy Store 2 1 2 1 1 1 1 1 1
Clothing and Accessories 2 1 2 .1 1 1 1 1 1
Coin and Stamp Shop 2 1 2 1 1 1 1 1
Contractor Building and Trade (e.g., 2 2 2 2 1 1 1
Plumbing, Heating, Electrical, Painting,
etc.)
Commercial Services ( *) 3 1 2 1 1 1 1 1 2
Communication Towers ( *) See YMC 15.04.130
Computer and Electronic Stores 2 1 2 1 1 1 1 1 1
Delicatessen ( *) 2 1 2 1 1 1 1 1 1
Department, Discount, Variety Stores - 2 2 1 1 1 1
(25,000 sq ft or less)
Department, Discount, Variety Stores - 3 3 1 1 1 1
(25,001 sq ft or more)
Pet Daycare / Animal Training 2 1 1 1 1 1 2
Drug Stores ( *) (optical goods, 2 1 2 1 1 1 1 1
orthopedic supplies)
60
MN I NM M EN — NM — NM r MI I MI OM NM _ — NM
MIN — NM I M NM I— MB r =I — .Mr M MI MO I MI MN
•
Table 4 -1 SR R1 R2 R3 B1 B2 HB SCC LCC AS GC CBD RD M1 M2
Employment Agencies (private) 1 1 1 1 1 1 1
Espresso / Coffee Drive - Through ( *) 3 2 2 2 2 2 , 2 3
Espresso / Coffee Stand ( *) 1 1 1 1 1 1 1 1 1
Fabric Store 1 2 1 1 1 1 1
Farm and Implements, Tools and Heavy 2 1 1
Construction Equipment
Farm Supplies 2 2 1 2 1
Financial Institutions 1 1 1 1 1 1 1
Florist 2 1 1 1 1 1 1 1 1
Food Store, Specialty 1 2 1 1 1 1 1
Fuel Oil and Coal Distributors 2 1 1
Furniture, Home Furnishings, 1 1 1 1 1 1
Appliances .
General Hardware, Garden Equipment 2 1 • 2 1 1 1 1
and Supplies - (25,000 sq ft or less)
General Hardware, Garden Equipment 3 3 1 1 1 1
and Supplies - (25,000 sq ft or more)
Gift Shop ( *) 2 1 2 1 1 1 1 1 1
•
61
Table 4 -1 SR R1 R2 R3 B1 B2 HB SCC LCC AS GC CBD RD M1 M2
Grocery/Convenience Store Closed 2 2 2 1 1 1 1 1 2
10:00 p.m. to 6:00 a.m.
Grocery/Convenience Store Open 10:00 3 3 2 2 1 2 1 2
p.m. to 6:00 a.m.
Heating and Plumbing and Electrical 2 2 1 1 1 1
Equipment Stores
Heavy Equipment Storage, Maintenance 1 1
and Repair
Insurance Agents, Brokers and Service 1 1 2 1 1 1 1 1 1
Agencies
Jewelry, Watches, Silverware Sales and 1 2 1 1 1 1 1 1
Repair •
Kennels ( *) 3 2 2
Laundries, Laundromats and Dry 2 2 1 1 1 2 1
Cleaning Plants
Liquor Stores 2 2 1 1 1 1
Lumber Yards 2 1 1 1 1
Medical and Dental Laboratory, Offices 3 1 1 2 1 1 1 1 1 2
and Clinic
Motels and Hotels 2 1 1 1 1 1
Motorcycles Sales /Repair (including 2 1 1 1 3 1 2
maintenance)
62
• INI M 1111 all NM 11111111 • OM OM OM MI MI MI EN MI MI 1011111 IIII•1
NM r NM NM — -- MO UN MI A N Mr r— err M
•
•
Table 4 -1 SR R1 R2 R3 B1 B2 HB SCC LCC AS GC CBD RD M1 M2
Music Stores 2 2 1 1 1 1
Nursery ( *) 3 1 1 1 1 1 1
Outdoor Advertising (Billboards) See YMC 15.08.130
Paint, Glass and Wallpaper Stores 2 2 1 1 1 1
Pawn Broker 2 1 1 1 2 1
Pet Stores, Pet Supplies and Dog 1 1 1 1 1 1 1
•
Grooming
Printing, Photocopy Service 1 1 1 1 1 1 1 1 1
Professional Office Buildings for 3 1 1 3 1 1 1 1 1 2
Architects, Attorneys, Government, etc.
Radio/TV Studio 3 3 2 1 1 1 1 2
Real Estate Offices 1 1 2 1 1 1 1 1 2
Recycling Center ( *) 3 1
Rental: Auto, Truck, Trailer, Fleet 3 2 1 1 2 2 1 2
Leasing Services with Storage
Rental: Heavy Equipment (except 1 1
• automotive) with Storage
Rental: Heavy Equipment (except 1 2 2
automotive without storage)
•
•
63
Table 4 -1 SR R1 R2 R3 B1 B2 HB SCC LCC AS GC CBD RD M1 M2
Repairs: Small Appliances, TVs, 1 2 1 1 1 2 1 1
Business Machines, Watches, etc.
Repairs: Locksmiths and Gunsmiths 1 2 1 1 1 2 1
Repairs: Re- upholstery and Furniture 2 2 1 1 2 1
Repairs: Small Engine and Garden 2 2 2 1 1 2 1
Equipment
Restaurant, Cafe and Drive -in Eating 3 1 1 1 1 1 1 1 1
Facilities ( *)
Seamstress, Tailor 1 1 1 1 1 1 1
Second Hand Store ( *) 3 3 3 2 3 2
Service Station ( *) Closed Between 3 2 1 1 1 1 1 1
10:00 p.m. and 6:00 a.m. ( *)
Service Station ( *) Open Between 10:00 3 2 1 1 2 1 2
p.m. and 6:00 a.m. ( *)
Shoe Repair and Shoe Shine Shops 1 2 1 1 1 1 1 1 2
Shooting Ranges (Indoor) 3 3 3 3 1
Signs, printed, painted or carved 2 2 1. 1 2 1 1
Sporting Goods, Bicycle Shops 1 2 1 1 1 1 1 2
Taverns ( *), Bars, Dance 3 2 2 1 1 1 1 1
Establishments
64
MB - r it — i— — I• M MI MB O M Mg IIIw r III. MIIN
r — MINI r— — - r r r r r- rr s r r r r
Table 4 -1 SR R1 R2 R3 B1 B2 HB SCC LCC AS GC -CBD RD M1 M2
Technical Equipment Sales( *) 2 1 2 1 1 1 1 1 1
Toy and Hobby Store 1 2 1 1 1 1 1 1
Truck Service Stations and Shops 3 2 1 1
Truck (Large), Manufactured Home & 2 1 1 1
Travel Trailer Sales
Video Sales /Rental 1 2 1 1 1 1 1 2
Waste Material Processing and Junk 3 1
•
Handling ( *)
TRANSPORTATION TRANSPORTATION
Bus Terminals 2 1 1 1 1 1
Bus Storage and Maintenance Facilities 2 1 1
Transportation Brokerage ( *) Offices, 2 2 1 1
with Truck Parking
Contract Truck Hauling, Rental of 1 1 1
Trucks with Drivers
Air, Rail, Truck Terminals (for short-term 1 2 1 1
storage, office, etc.)
Railroad Switch Yards, Maintenance 1 1
and Repair Facilities, etc.
Taxicab Terminals, Maintenance and 3 3 1
Dispatching Centers, etc.
65
Table 4 -1 SR R1 R2 R3 B1 B2 HB SCC LCC AS GC CBD RD M1 M2
Airport Landing Field 1
Airport Operations ( *) 1
UTILITIES UTILITIES
Power Generating Facilities 3 2 1
Utility Services (substations, etc.) 3 3 3 3 3 3 3 3 3 1 1
WHOLESALE TRADE - STORAGE WHOLESALE TRADE - STORAGE
Warehouses (*) 3 2 2' 2 1 1
Wholesale Trade (*) 2 2 1 2 1 1
Storage Facilities, Bulk (') 2 2 1 1
Storage Facilities Commercial ( *) 3 2 2 1 1
Residential Mini - Storage (*) 3 3 - 2 2 1 1
66
NM S UN NM MS 111111 M N 1ln M M MN NS M 11111 On
1 .
' 15.04.040 - Unclassified Uses.
Any use not listed in Table 4-1 is an unclassified use and shall be permitted
only in those districts so designated by the Hearing Examiner. Any
' , unclassified use permitted in a particular zoning district shall be allowed only
as a Class (2) or (3) use. The Hearing Examiner shall follow the provisions of
Chapter 15.22 when determining which zoning districts are appropriate for a
' particular unclassified use.
15.04.050 - Zero Lot Line Development.
' A. Purpose. Zero lot line development for single- family dwellings may be
permitted in order to: promote efficient land use, permit a more energy efficient
arrangement of structures, protect environmentally sensitive area, or provide
more usable private or community open space.
B. Review Required. Zero lot line development in subdivisions and short -
I subdivisions approved after the effective date of this title may be approved by.
Type (2) review. Zero lot line developments may also be approved on lots
created before the effective date of this title by Type 3 review.
1 C. Zero Lot Line Development Standards. p s See Section 15.09.040.
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 must be 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.
i B. On -Site Hazardous Waste Treatment and Storage. Outside hazardous
• waste treatment and storage is permitted as an accessory use in the SR, B -1, B-
1 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
Y p
that in residential districts they are primarily used to store motor vehicles by the
occupants of the residence.
D. Pets. Pets are permitted as an accessory use provided that in
residential districts they are subject to the following restrictions (see definition
of Kennel):
•
' 67
•
i
1. They are domesticated animals kept for pleasure or as a hobby rather
than utility, such as fish, birds, dogs and cats , except when the use
constitutes a kennel;
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;
and '
4. The other provisions of the YMC for animals are followed.
E. Agricultural Buildings: Where permitted, an agricultural building shall 1
not be used for human habitation, processing, treating or packaging of
agricultural products, nor shall it be a place used by the public.
F. Accessory Uses — Not Permitted. No cargo container and /or semi -truck
trailer shall be used for a storage facility or other use within any zoning district
other than the M -1 or M -2 zoning district. D
15.04.070 Overlays.
A. Purpose. Overlay standards and criteria are established to coordinate the 0
provisions established in the zoning ordinance with more detailed policies and
standards adopted in other plans and ordinances for the Yakima River
Greenway Overlay, Institutional Overlay and Floodplain Overlay. The Airport
IP
Overlay is established separately pursuant to Chapter 15.30 of this title, and is
expressly exempted from the provisions of this section. All Overlays' are
specifically governed by other sections of this title.
B. Project Review in Overlay. In order to assure the appropriate standards
are applied:
1. All Class (1) uses in an overlay unless otherwise specified shall be
subject to Type (2) review (Chapter 15.14). I
•
2. All Class (2) uses shall be subject to Type (2) review and Class (3) uses
in an overlay shall be subject to Type (3) review.
C. Specific Development Standards for Overlays. See Section 15.09.020.
15.04.080 Drive -Thru Facilities.
A. Review Required. Any commercial use having a drive -thru service
window or booth shall require one higher type of review than shown in Table
4 -1, except:
1. Those noted as a Class 3 use requiring a Type (3) review shall remain a
Type (3) review; and
2. Financial institutions or properties that do not abut residential zones.
68 e
1
B. Purpose. Such review is required in recognition of the potential impacts of
drive -thru uses on adjoining residential uses and the transportation system.
C. Elements of Review. Review is intended to modify or mitigate negative
Y g g
impacts upon adjoining residential uses and the transportation system. The
review of a Drive -thru facility shall include consideration of impacts from the
following: noise from the drive- through speaker and /or car radio, glare from
vehicle head lights and exterior lighting fixtures, fumes to residential uses, and
impacts to transportation traffic flow and carrying capacity of the arterial street
system.
' The proposed site will require an on site interior parking circulation plan as
defined by Section 15.06.030.
D. Definition. For purposes of this section, "drive -thru" facilities mean a
window or station for providing service to customers who remain in their
vehicle to conduct a business transaction, excluding gas stations and car
washes.
1
15.04.090 - Yard Sales.
' Yard or garage sales shall be permitted as an accessory use to a dwelling
provided all of the following provisions are met:
1. Only two yard sales per dwelling unit per year shall be allowed; and
2. Each yard sale shall not exceed three days in duration.
1 15.04:100 Caretaker Dwellings.
•
Caretaker dwellings or shelters for the occupancy of guards, watchmen, or
1 caretakers are permitted as accessory uses in the GC, M -1 and M -2 districts.
Caretaker dwellings or shelters are also permitted in the B -2, SCC, LCC and
CBD districts when the dwelling is located within the structure used for the
principal use. No other dwellings unit(s) or shelter(s) shall be allowed on the
same parcel.
15.04. 110 Swimming Pools.
Swimming pools are permitted as an accessory use to: dwellings, hotel /motels,
boardinghouses, retirement homes, and other residential uses; schools, and
recreational facilities when all of the provisions of Section 15.05.020 (K) are
met.
15.04.120 — Home Occupation
' A. Purpose. The conduction of a business within a dwelling may be permitted,
in the residential districts under the provisions of this section. It is the intent of
this section to:
1. Insure the compatibility of home occupations with other uses
permitted in the residential districts; and, •
69
1.
I
I
2. Maintain and preserve the character of residential neighborhoods;
and,
3. Promote the efficient use of public services and facilities by
assuring these services are provided to the residential population for
which they were planned and constructed, rather than commercial
uses.
B. Table of Permitted Home Occupations. Table 4 -2 titled "Permitted
Home Occupations," is incorporated as a part of this section. Each permitted
home occupation listed in Table 4 -2 is designated as a Class (1), (2) or (3) use
for a particular residential zoning district. All permitted home occupations are
subject to the standards of this title, including the specific conditions of Section
15.04.090(C) and the applicable review procedures of Chapters 15.13, 15.14,
and 15.15. Specific uses not permitted as home occupations are listed in
Section 15.04.090(G).
II
TABLE 4 -2 TABLE OF PERMITTED HOME OCCUPATIONS 0
ZONING DISTRICTS
SR R1 R2 R3 B1
SUBURBAN SINGLE- TWO- FAMILY MULTI- PROFESSIONAL
RESIDENTIAL FAMILY RESIDENTIAL FAMILY BUSINESS
I
RESIDENTIAL RESIDENTIAL
Accountant 1 1 1 1
Architect 1 1 1 1
Artist, author, 1 1 1 1
arts and crafts
Attorney 1 1 1 1
Barbershop, 2 2 2 2 1
beauty parlor
Bread and 1 2 1 1
breakfast*
Business 1 1 1 1
Administration
Cabinet, mill 2 2
work,
carpentry
work
I
70 1
I
SR R1 R2 R3 B1
I Catering 2 2 2 2 2
Service
I Ceramics and 2 2 2 2
sculpting
Composer 1 1 1 1 ,
I Daycare, 1 1 1 1 1
Family Home*
Dentist 1 2 2 2
I Dog 2 3 3 3 3
Grooming
I Dressmaker, 1 1 1 1
seamstress,
I tailor
Engineer 1 1 1 1
Food 1 2 1 1 1
111 Preparation*
Home 1 1 1 1 1
I Instruction*
1 -5 Students
• 6 -8 Students 2 2 2 2 2 •
I Insurance 1 1 1 1
Agent
I Locksmith 1 2 2 1 1
Photographer 1 2 2 2
(not including
I productions
studio)
I Physician 1 2 2 2
Product 1 2 2 2 1
I Assemblage*
Massage 1 1 1 1 1
Therapy /Spa*
I Music Teacher 1 1 1 1
I
I 71
1
I
SR R1 R2 R3 B1
Production of 1 2 2 2
small articles
by hand
without the
use of
automated or
production
line equipment
Radio, 2 2 2 2
Television and
Small
Appliance
Repair
Real Estate 1 1 1 1
Agent II
Secretarial, 1 1 1 1
Phone
Answering,
Desk Top
Publishing
Service*
Small Engine 2
Repair 0
Wedding 2 2 2 2 2
Service
Unclassified
Home
Occupations:
See Section
15.04.090
I
Refers to definition in Chapter 15.02
1 = Type (1) Permitted Home Occupation II
2 = Type (2) Review and Approval by the Administrative Official
3 = Type (3) Review Public Hearing and Approval by the Hearing Examiner required
= Not Permitted
1
72 1
1
C . Necessary Conditions. Home occupations are permitted as an accessory
use to the residential use of a property only when all the following conditions
are met:
1. The home occupation is conducted inside a structure within property on
which is established the primary residence of the practitioner(s);
' 2. The home occupation is incidental and subordinate to the residential
functions of the property. No action related to the home occupation shall be
' permitted that impairs reasonable residential use of the dwelling;
3. There are no external alterations to the building which changes its
character from a dwelling;
' a. The portion of the structure or facilities in which a home
occupation is to be sited must be so designed that it may be readily
converted to serve residential uses;
4. The business is conducted in a manner that will not alter the normal
residential character of the premises by the use of color, materials, lighting and
signs, or the emission of noise, vibration, dust, glare, heat, smoke or odors;
5. The home occupation does not generate materially greater traffic
volumes than would normally be expected in the residential neighborhood;
6. There is no outside storage or display of any kind related to the home
occupation;
7. The home occupation does not require the use of electrical or
mechanical equipment that would change the fire rating of the structure;
8. The home occupation does not require the use of electrical equipment
that exceeds FCC standards for residential use;
9. The home occupation does not increase water or sewer use so that the
combined total use for the dwelling and home occupation is significantly more
than the average for residences in the neighborhood.
' 10. A business license is purchased where required;
11. The home occupation is conducted only by immediate family members
residing in the dwelling.
12. , All stock in trade kept for sale on the premises is produced on -site by
hand without the use of automated or production line equipment.
In granting approval for a home occupation, the reviewing official may
1 attach additional conditions to insure the home occupation will be in harmony
with, and not detrimental to, the character of the residential neighborhood. Any
home occupation authorized under the provisions of this title shall be open to
inspection and review at all reasonable times by the building and enforcement
official for purposes of verifying compliance with the conditions of approval
and other provisions of this title.
D. Nameplates. Only one nameplate shall be allowed. It may display the
name of the occupant and /or the name of the home occupation (e.g. John Jones,
Accountant). The nameplate shall be attached to the dwelling, but shall not
exceed two square feet in area or be illuminated.
E. Application, Fee, and Review Period. Application for a home
occupation shall be made in accordance with the provisions of Chapter 15.11,
except as noted, and shall be accompanied by the appropriate filing fee.
1 73
1
•
1. The administrative official may waive part or all of the requirements
for a site plan for Class (1) home occupations.
F. Unclassified Home Occupation, Review by the Hearing Examiner. Home
occupations not listed in Table 4 -2 and subsection (D) shall be reviewed by
the hearing examiner in accordance with the provisions of Chapter 15.22.
Provided, any unclassified home occupation permitted after review and
decision by the hearing examiner in a particular district shall be allowed only
as a Class (2) or (3) use.
G. Home Occupations Not Permitted. The following uses, by the nature of
their operation or investment, have a pronounced tendency, once started, to
increase beyond the limits permitted for home occupations and impair the use
and value of residentially zoned area for residential purposes. Therefore, the
uses listed below shall not be permitted as home occupations:
1. Auto repair;
2. Antique shop or gift shop;
3. Kennel;
4. Veterinary clinic or hospital;
5. Painting of vehicles, trailers or boats; I
6. Large appliance repair including stoves, refrigerators, washers and
dryers;
7. Upholstering; 0
8. Machine and sheet metal shops;
9. Martial arts school.
10. Taxidermist; a
11. Two -way radio and mobile telephone system sales and service;
12. Vehicle sign painting (except for the application of decals); and,
13. Firearms sales and /or gunsmith 1
H. Denial of Application for a Home Occupation. An application for a home
occupation shall be denied if the Administrative Official finds that either the
application or record fails to establish compliance with the provisions of this
chapter. When any application is denied, the Administrative Official shall state
the specific reasons, and shall cite the specific provisions and sections of this
title on which the denial is based.
I. Parking. The Administrative Official shall determine parking requirements 1
for home occupations, as provided by Section 15.06.040(b). This
determination shall be guided by, but not restricted by, the standards of
Chapter 15.06.
1
15.04.130 Temporary Use Permits • 1
Temporary Use Permits may be issued by the Administrative Official for
temporary structures and associated site improvements used for the storage of
equipment, or supervisory offices in connection with major construction
•
74
projects. Provided that such temporary structures and associated site
improvements may not , be maintained for more than one year. The
Administrative Official may extend this period for a period of up to one
additional year.
I A site plan showing the location, size and type of structure is required to be
submitted at the time of application for a temporary use permit.
I 15.04.140 Temporary Hardship Unit Permits
In addition to the maximum number of dwelling units permitted on a lot, a
mobile /manufactured home may be permitted as a temporary use in all zoning
districts. Applications for a temporary hardship unit permit shall be subject to
Type (2) review and shall only be issued when all of the following conditions
are met:
' 1. The applicant provides a physician's statement certifying the accessory
living quarters are for a person(s) requiring daily care or supervision;
2. The . temporary hardship unit meets the minimum setback height
standards for principal uses in the applicable district;
3. The temporary hardship units and principal dwelling together do not
exceed the lot coverage standards for the applicable district;
4. The temporary hardship unit has an approved sewage disposal system,
water supply, and electrical connection prior to occupancy;
5. The approval of the unit will not materially harm the public interest, the
' intent of the district, or the character of the neighborhood;
6. No rent, fee, payment or charge in lieu thereof may be made between the
I recipient and providers of special care for use of the temporary hardship unit.
Only one temporary hardship unit shall be permitted on a parcel.
Temporary hardship unit permits shall be subject to annual renewal, at which
' time the building official /planning department shall review and certify the
justification for continuation of the use, or terminate the permit. The temporary
hardship unit shall be removed within ninety days from termination of the use
or revocation of the permit. The responsibility for applying for and obtaining an
extension of the temporary use permit shall be solely that of the permit holder.
15.04.150. Standards for Mobile/Manufactured Home Parks.
A. Purpose. The purpose of this section is to establish standards and
criteria for development and expansion of mobile /manufactured home parks
within the urban area. These standards are provided to ensure uniform,
coordinated development of mobile /manufactured home parks and to ensure the
general health, welfare and safety of the occupants of mobile /manufactured
I homes that may be located within a park developed under these standards.
These standards shall be applied in a manner that stresses minimizing costs.
Alternatives that reduce costs and meet the intent of these standards will be
I encouraged.
B. Site Plan Requirements. All proposals for mobile /manufactured home
parks shall include a site plan based upon a land survey drawn by a licensed
I
I 75
ii
I
architect, engineer or surveyor and shall include the following information in
addition to the standard information required for site plans:
1. All spaces shall be clearly delineated on the site plan and include
dimensions and square footage for each space;
2. A building envelope shall be shown within each space;
3. Unit setbacks shall be shown for each space;
4. The location of required parking for each unit shall be shown on the site
plan;
5. Streets shall be shown on the site plan;
6. Signage for the park and directional signage shall be shown on the site
plan;
7. The location of all solid waste containers and screening of containers
shall be shown on the site plan;
8. All facilities, utilities, improvements and amenities shall be shown on
the site plan, including pathways, sidewalks, and recreational facilities.
C. Development Standards. All mobile /manufactured home parks shall be
developed in compliance with the underlying zoning district and shall be in 0
compliance with this section. The density of a park or park expansion shall not
exceed the density of the underlying zoning of district. All required site
improvements shall be installed prior to placement of units in the park.
Additional site improvements may be required by the reviewing official.
1. Minimum Space Size and Width. The minimum space size and width for
a mobile /manufactured home park exclusive of streets shall meet the lot size, 0
lot width and all other standards for detached single- family dwellings, as
shown on Table 5 -2 of this title. Space size may be reduced with the provision
of improvements in accordance with the following: 1
a. Provision of Recreational Areas. Space size requirements of the
underlying district may be reduced by a maximum of ten percent with
the provision of a developed recreational area for use by the residents.
The area shall be suitable for active recreation and shall consist of a
minimum of ten percent of the park area.
b. Provision of Sidewalks. Space size requirements of the underlying
district may be reduced by a maximum of ten percent with the provision
of sidewalks a minimum of four feet in width, serving at least one side
of each street and all recreational areas.
c. Provision of Curbs, Gutters and Sidewalks. Space size requirements I
of the underlying district may be reduced by a maximum of ten percent
with the provision of curbs, gutters and sidewalks on both sides of the
street. 1
d. Cumulative Space Size Reduction. Space size may be reduced up to
twenty percent with the provision of any combination of items in 1
subsections (C)(1)(a) through (c) of this section.
1
76
2. Internal Street Paving. A minimum of twenty -four feet of paved internal
street shall be required for access to each unit, paved in accordance with
Section 15.06.110 of this title.
3. Off - Street Parking. Two paved off - street parking spaces shall be
provided for each unit in accordance with this title, Chapter 15.06.
4. Street Lighting. A street light shall be provided at each street
intersection within the park.
' 5. Right -of -Way Dedication and Frontage Improvements. Appropriate
provisions for right -of -way dedication and right -of -way improvements adjacent
to the park shall be made, including street paving, sidewalks, curb, gutter, and
street lighting. Improvements shall be installed prior to placement of units in
the park, unless an appropriate bond or instrument acceptable to the appropriate
jurisdiction is provided to guarantee installation of improvements.
6. Street Signs and Internal Directional Signs. All streets within the park
shall be named utilizing blue street signs consistent with appropriate
jurisdictions public street signs. Internal directional signs indicating unit /space
numbers shall be placed at all street intersections within the park.
7. Utilities. All utilities, including irrigation and domestic water and sewer,
shall be installed prior to placement of units in the park. All utilities, including
electrical distribution, telephone, and cable TV, shall be installed underground.
The internal water system shall include fire hydrants located at the direction of
the appropriate jurisdiction's fire department.
' 8. . Minimum Unit Separation. Units shall be separated by a minimum of ten
feet, measured from the furthest extremity of each unit, including stairways.
9. Perimeter Sitescreening and Landscaping. The perimeter of a park shall
be sitescreened with a six - foot -high, view- obscuring fence and shall include at
a minimum a ten - foot -wide landscape strip adjacent to the fence and within the.
park consisting of a combination of shrubs, trees and groundcover.
' 10. Stormwater Drainage. All stormwater drainage shall be retained on
site, and a drainage plan shall be approved by the appropriate jurisdiction.
11. Dumpsters /Solid Waste Containers. Dumpsters and solid waste
I • containers shall be provided for common use and shall be screened with a six -
foot -high, view- obscuring fence or wall and access gate.
12. Play Area Requirement. Each unit shall provide a play area for children
contained within the unit's space, consisting of a minimum size of six hundred
square feet and a minimum width of fifteen feet.
D. Expansion of Existing Mobile /Manufactured Home Parks. All standards
of this section shall apply to expansion of existing mobile home parks. The
standards shall not apply to existing areas of a park not being expanded. The
examiner may, at his or her discretion, reduce one or more standards of this
section for newly expanded areas of a park if expansion plans also include
improvements to the existing park area.
E. Maintenance of Common Areas, Landscaping and Open
Space /Recreational Areas. All common areas and facilities, including streets,
walkways, utilities, landscaping, storage areas, open space and recreational
areas, shall be continuously maintained in good condition by the park owner or
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designated homeowner's association. An irrigation system shall be installed for
maintenance of landscaping and recreational /open space areas that would
normally require irrigation.
F. Development under Planned Development Provisions of This Title.
Development of a mobile /manufactured home park may be accomplished under
the planned development provisions of this title (Ch.15.28).
15.04.160 Placement of Mobile /Manufactured Homes in Residential
Districts
A. Purpose. The provisions established herein are intended to assure that the
siting of manufactured homes is harmonious with the surrounding residential
uses and preserves the general character and integrity of the neighborhood.
B. Table of Review Requirements for Manufactured Homes. Table 4 -3
titled "Review Requirements for Manufactured Homes" is incorporated as a
part of this section. The table indicates in which residential districts
manufactured homes may be permitted as a Class (1) or (2) or (3) use. All
manufactured homes on individual lots are subject to the specific conditions of
subsection C of this section and the applicable review procedures of Chapters
15.13, 15.14 and 15.15.
C. Siting Standards. All manufactured homes shall be installed in compliance
with applicable codes. In addition, manufactured homes installed in the
residential districts, not in manufactured home parks, may be required to meet
the following siting standards:
1. Roof Slope. Roof slope shall be not less than a two (2) foot rise for
each twelve (12) feet of horizontal run.
2. Roofing Materials. Roofing materials shall be compatible in I
appearance with surrounding site -built homes.
3. Siding Materials. Siding materials shall be wood, masonite, or other 1
material compatible with surrounding site -built homes.
4. Pit Set. Manufactured homes shall be "pit set" with first floor 1
elevation no more than twelve (12) inches above finished grade. The pit
shall be of sufficient depth to accommodate eighteen (18) inches
clearance below the frame of the unit with crawl space access located
near utility connections. The foundation shall be installed in compliance
with the requirements of the Washington Administrative Code. Skirting .
or side walls shall be installed around the perimeter and the tongue and
axle shall be removed.
D. Replacement of a nonconforming mobile home on an individual lot with
another mobile home or manufactured home:
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Type (1) review shall be used to replace a nonconforming mobile home with
1 another mobile home that is newer and the same size.
Type (1) review shall also be used to replace a nonconforming mobile home
with a manufactured home.
Type (3) review shall be used to replace a nonconforming mobile home with
another mobile home that is larger size. A nonconforming mobile home cannot
I - be replaced with an older mobile home.
1. The replacement mobile home shall meet all Washington State
Department of Labor & Industries improvement criteria before the
' mobile home can be moved to the replacement location site, which
is limited to an existing manufactured home park.
2. Verification provided to the appropriate jurisdiction of said
improvements and inspections by L & I shall be provided before
said replacement.
E. said
of an existing or approved manufactured home on an
individual lot with another manufactured home: Type (1) review shall be used
to replace an existing or approved manufactured home with another
manufactured home that is newer and the same size or larger. The modification
provisions of Section 15.17.050 of this title shall be used to replace a
manufactured home with another manufactured home that is smaller.
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In In approved
Table 4 -3 — Review approved On Individual Lots
or existing
Requirements For or existing Manufactur
Mobile /Manufactured Homes Mobile ed Home
Home Subdivisions SR R1 R2 R3 B1
Parks
Mobile Homes 1
Single -Wide Manufactured
Homes (not meeting the siting 1 2 2 3 3
criteria of 15.04.120(C)
Single -Wide Manufactured
Homes (meets the siting criteria 1 1 1 3 2 2 3
of 15.04.120(C)) 1
Double -Wide Manufactured
Homes (not meeting the siting 1 1 2 3 3
criteria of 15.04.120(C))
Double -Wide Manufactured ,
Homes (meets the siting criteria 1 1 1 2 2 2 1
of 15.04.120(C))
*Refers to definition in Chapter 15.02
1 = Class (1) Permitted Home Occupation
2 =. Class (2) Review and Approval by Administrative Official I
3 = Class (3) Requires Public Hearing and Approval by Hearing Examiner
15.04.170 - Placement of Manufactured Modular Nonresidential
Structures I
A. Purpose To assure public safety and compatibility with the general
character and integrity of the district.
B. Standards - Modular, non - residential structures are P ermitted in all I
districts, subject to compliance with other standards of the district.
C. Definition — A modular nonresidential structure manufactured with the
intent of being transported to a fixed site and built in accordance with the
Building Code as adopted by the appropriate jurisdiction. 1
15.04.180 Communication Towers.
A. Location. The following provisions shall govern the placement of
communication towers within the Urban Growth Area:
1. Communication Towers less than thirty -five feet in height
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require a Type (1) review to ensure compliance with minimum
setbacks and Building Code requirements; -
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2. Communication Towers thirty -five feet or greater in height
I require a Type (2) review to ensure compliance with setback
provisions and other permit procedures of this title are reviewed
and meet;
' 3. Communication Towers more than fifty -five feet in height shall
follow the review procedures for Class (3) uses and shall meet
all the provisions of this title and the building code.
15.04.190 Social Card Rooms.
In zones where allowed, no social card room shall be permitted within five
hundred (500) feet of any public school, private school (meeting the
requirements for private schools under Title 28A RCW), church or park, as
measured according to RCW 66.24.010(9) or as the same may be hereafter
amended.
15.04.200 State Fair Park – Exposition & Special Events Center
. A. Purpose. To establish permitted uses and special development standards
for the very unique fixed campus of uses and activities of the Central
Washington pecl E Fairg hft kne air Park — Exposition
' and Siaves Center. Thi sec tion own is intended to provide regulatory
guidance that will ensure production integrity and economic performance of
existing uses and continued development of the campus. The State Fair Park
' produces and hosts activities in multi -use facilities established specifically to
address the unique market response, operations and sustainable economic
performance requirements of the exposition and special events industry. This
includes: production and operational requirements of the annual Central
Washington State Fair and non -fair events and use activities; a broad array of
land uses and the overall mix of types of uses found to be with the
' state statutory authorizations for agricultural fairs (RCW 15.76) and county
fairs (RCW 36.37); in addition to those uses allowed in the General
Commercial (GC) zoning district.
B. S ecial Definitions. The area of land currently occupied by the Central
— p Y P Y
Washington State Fair, now named "State Fair Park," is a unique fixed campus
dedicated to providing a special venue for community use, commercial use,
trade shows and exposition uses, special event uses, destination attraction uses,
permitted uses and similar events. The following special definitions describe
' broad categories of uses, events and activities allowed within the campus. Each
special definition is followed by a representative list of examples to illustrate a
' range of allowable uses that the campus site might host. The lists are not all
inclusive; new uses and activities determined to be consistent with these special
definitions may be added /included through the similar use, use interpretation
and unclassified use review processes of this chapter as they are identified.
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L Community Uses, Events, or Activities serve local or area community,
social, cultural and service organizations, and local, state and federal agencies.
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The activities are "nonrevenue generating," meaning that the event may pay a
use fee, but does not facilitate commercial product sales or services where
revenues are for profit or financial gain of an individual, corporation or
privately held organization. Those entities that generally qualify for community
event status are local and area civic groups, service clubs, nonprofit
associations, schools and universities, county and city government and other
organizations that promote socio - economic well- being, serve a particular class
of people, promote quality of life and respond to the safety and welfare of the
general public.
Banquets; Meetings /retreats;
Church groups; Parties /socials;
Clinics; Picnics; 1
Conferences; Political fundraisers;
Dance classes; Professional /vocational education;
Day camps; Recreation /leisure classes; 1
Emergency services; Self - improvement;
Family reunions; Service club fundraisers; 1
Fashion apparel; Training classes;
Home improvement; Weddings /receptions;
Classes; Youth equestrian activities. 1
2. Commercial Uses, Events or Activities include revenue producing
activities when the purpose of the organizer or promoter is to facilitate 'services
or wholesale and retail sales activity, generating revenues for profit or to
stimulate market activity creating sales beyond the actual event. Such
organizations may include "nonprofit corporations," for - profit organizations
and industry associations that represent a particular product, service, special
interest or commercial enterprise that attract general audiences, manufacturers,
distributors, buyers or sellers and patrons.
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Appliance shows; Gun shows;
1 Auctions; Home and garden shows;
Auto shows; Livestock, animal exhibitions,
shows, training, sales, boarding;
Boat shows; Model shows;
Breed shows; Recreational equipment shows;
Computer shows; Religious festivals;
Flea markets; Sports exhibitions;
Fireworks displays; Technology exhibitions.
1 Floriculture/horticulture shows; Gun shows;
1 3. Trade Shows and Expositions are classified as uses organized for the
purpose of promoting a particular line of products, services or commodities
within industry classifications, such as transportation, communications,
aviation, boating, electronics, agriculture, entertainment /amusement and so
forth. The event organizer and /or producer may be an industry association,
nonprofit corporation, sponsor or for - profit entity which facilitates an event
designed to create business development opportunities, stimulate wholesale and
retail transactions, distribute products and create short-term, as well as long-
term, sales. Such shows or events are for industry and general public audiences,
1 and are focused on specific products and market, client or customer
development, product or service sales and other purposes that stimulate
economic activity within a particular industry. The following is a representative
1 list of trade show and exposition uses and activities:
Agricultural industries; Food and hospitality;
Amusement and entertainment; Forestry;
1 Apparel; Interior design;
Appliances; Medicine;
Consumer shows; Outdoor sports;
1 Electronics /communications; Professional services;
Environmental science; Public transportation;
Farm equipment; Sports products;
Agricultural industries; Tourism /leisure industries;
Amusement and entertainment; Trade shows.
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4. Special Event Uses, Events and Activities include functions designed to
attract large and diverse audiences, and are typically revenue - producing
activities that generate funds through gate and parking fees, product sales, 1
advertising sales, concession contracts, and other revenue sources. Special
events generally follow a particular theme, such as cultural or holiday themes,
sports or program themes, relative to the purpose of the event and draws from
local and regional market populations. The following is a representative list of
special event uses:
Amusement rides and games; Motorized sports;
Carnivals; Pageants;
Circuses; Rodeos;
Concerts; Seasonal celebrations;
Fairs; Socials /galas;
Festivals; Sporting events /facilities;
Games; Tournaments.
5. Destination Attraction Events, Uses and Activities draw upon resident
and visitor population markets, extol leisure and commercial recreation
activities and are typically revenue -based enterprises. Destination attractions 1
may include amusement parks, family entertainment centers with special
attractions including water features, major rides, cultural entertainment and
virtual reality attractions. Destination activities may also include a mix of
themed enterprise activities. Other destination attractions may include specialty
retail shopping, entertainment center, hospitality, commercial recreation
centers, health and fitness facilities and other permanent and temporary
structures designed and developed to support destination activities.
C. Allowable Uses. The following uses, including related events and 1
activities are allowed within the State Fair Park subject to SEPA mitigation
where required, the development standards of this code and other construction
permit requirements:
1. Existing uses of the State Fair Park campus shall be considered Class (1)
uses.
2. Uses identified in YMC 15.04.135(B), Special Definitions, or uses
determined by the Administrative Official to be consistent with, and similar to,
those Special Definitions uses as may be determined in accordance with YMC
15.22.050(3) shall be considered Class (1) uses.
3. Uses in Table 4 -1 of the GC district, not otherwise listed in YMC
15.04.135(B), Special Definitions, shall be allowed according to the type of
review indicated.
4. YMC 15.22.050(1), Use interpretations, decisions by the hearing
examiner. 1
D. Annexation —State Fair Park. In the event the State Fair Park is annexed
to the City of Yakima, said annexation shall not alter any lease agreement by
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• and between Yakima County as lessor and the Central Washington State Fair
1 Association as lessee, or any powers or responsibilities of Yakima County or its
lessee relative to the Central Washington State Fair or other activities at the
State Fair Park that are subject to the provisions of Chapter 15.76 or Chapter
36.37 RCW or other state law. Any future proposed amendments to the Yakima
1 urban area zoning ordinance (YMC Title 15 and YMC Title 15) that would or
may affect the operations of the State Fair Park shall be processed in
accordance with the ordinary course of administering proposed amendments to
said ordinance.
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Chapter 15.05
SITE DESIGN AND IMPROVEMENT STANDARDS 1
Sections:
15.05.010 Purpose.
15.05.020 Site design requirements and standards.
15.05.030 Creation of new lots— Subdivision requirements.
15.05.040 Vision clearance.
15.05.050 Street right -of -way dedication.
15.05.055 New Development Improvement Standards
15.05.060 Administrative adjustment of certain basic development
standards allowed.
15.05.010 Purpose.
The purpose of this section is to establish certain basic development 1
requirements. These are the minimum criteria which must be met to assure land
use compatibility and promote the public health, safety and welfare. Except,
some of these requirements are flexible and may be adjusted by the
administrative official or hearing examiner under the provisions of Chapter
15.10.
1
15.05.020 Site design requirements and standards.
•
A. Table of Site Design Standards and Subdivision Requirements. The 1
provisions of this chapter and the requirements in Table 5 -1, "Site Design
Requirements and Standards" and Table 5 -2 "Subdivision Requirements" are
established for all development in the zoning districts indicated. (See tables at
the end of this chapter.)
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 erected 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.
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2. Zero lot line, common wall, or duplex development be permitted on
p p t may b y
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, 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
site screening 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
weo
' establishallod eupon d in vacati the City /C /alteration ounty subdivision of the easement ordinance. in The accordance standard with stru isions
setback in each district is shown in Table 5 -1.
E. Setbacks for Residential Accessory Structures. 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. Provided, that the accessory
1 structure(s) shall not encroach on a public easement and applicable street
setbacks are observed.
In the residential districts an accessory structure not requiring a building
permit may be placed up to the side or rear property line if the structure will not
encroach on a public easement and applicable street setbacks are observed.
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F. 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. However, no fence or wall shall exceed four feet in height
within the required front yard setback area, except must conform to clear
view triangle standards where applicable. In residential districts, six feet
shall be the maximum height in the front yard behind the required setback. 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: 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 side yard setback area from a street. In residential
districts, six feet shall be the maximum height behind the required street
setback and in side yards not bordering a street. In the commercial and
industrial districts, eight feet shall be the maximum height behind the
required street setback and in the side yards not bordering a street.
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 1
maximum rear yard fence height in the commercial and industrial districts.
4. Within the clearview triangle: no fence, hedge or wall shall be placed
in the clearview triangles established in YMC 15.05.040. 1
5. Fences over six feet in height: All fences over six feet in height shall
meet the provisions of the Uniform Building Code.
6. Fence height in combination with a retaining wall: No combination of 1
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 1
retaining wall.
H. Access Required. All new development shall have a minimum of 1
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
are 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
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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,
hotel /motels, boardinghouses, retirement homes, and other residential uses;
schools, and recreational facilities when all of the following provisions are met:
1. Setbacks.
1 a. Front yard: The swimming pool, apron, and pumphouse meet the required
front yard setback in Table 5 -1.
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.
1 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.
1 M. 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 15.04.135(C), Allowable Uses, SEPA mitigation where
required, the development standards of this code and other construction permit
requirements:
' Administrative and operational offices.
Auditoriums, meeting and exhibit halls.
Bars and drinking facilities.
' Campgrounds.
Caretaker and /or employee residential quarters.
Equestrian facilities.
Exposition structures.
Grandstand facilities.
Libraries and museums.
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Livestock barns.
Motorized sports facilities.
Parking facilities.
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, "Subdivision Requirements," 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 Yakima County Code Chapters
14.28 and 14.32 and Chapters 14.30 and 14.35 of this code.
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; and
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: 1
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).
Any fraction of dwelling units shall be rounded up to the next highest whole 11
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
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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; and
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 One acre (provided the minimum lot size of the underlying
and greenway overlay zoning district shall apply, when, in the opinion of the
districts: 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.
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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. o
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 size 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 which would require Class (2) or (3) review under this title shall, D
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.
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TABLE 5 -1 DESIGN REQUIREMENTS AND STANDARDS
ZONING DISTRICTS
SR R1 R2 R3 B1 HB B2 SCC LCC CBD GC AS RD M1 M2
SITE DESIGN REQUIREMENTS AND STANDARDS Z i i .
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DEVELOPMENT ON EXISTING LOTS OR PARCELS SEE SECTIONS 15.05.020 AND 15.19.040
LOT COVERAGE 45% 1 50% 1 80% 1 85% 1 90% 1 100% ' •
STANDARD FRONT Arterials 60 feet 40 feet
• STRUCTURE Collector Arterials 2 50 feet
SETBACKS " Local Access x . 45 feet 30 feet
Private Road ' 37.50 feet 30 feet
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Minor Local Access 2 37.50 feet
50 feet 20 feet
Private Access -
Easement' 10 feet
SIDE Arterials z 50 feet 40 feet
Collector Arterials' 40 feet
Local Access z
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Private Road' 32.50 feet 30 fast
Minor Local Access z 40 feet I 20 feet
Private Access
Easement 4 or Property 5 feet 0
Residential Districts 5 feet I 5 ft 1 10 feet 15 ft 1 20 ft J 30 feet 1 20 ft 1 20 ft 1 20 ft 1 30 feet
or /2 building height whichever is greatest
Commercial /Industrial N/A I 5 feet O I 0
- District 5
REAR ° Property Line 15 ft ( 20 ft I 15 feet 0
Residential District 5 15 ft 20 ft 15 ft I 15 ft 1 15 feet 1 20 ft 1 30 feet 1 20 ft 1 20 ft 1 20 ft 1 30 feet
• or 1/2 building height whichever is greatest
MAXIMUM BUILDING HEIGHT 35 feet 50 feet 1 35 ft 1 24 ft 1 35 ft 1 50 ft 1 N/A 1 50 ft 1 50 ft 1 50 ft 1 N/A
• STANDARD FENCE HEIGHT' SEE SECTION 15.05.020 (q)
STANDARD In Required Front Setbacks Not Permitted .
SCREEN Behind Required Front Setbacks
HEIGHT In Required Side and Rear Yards 15 feet
1 SR 1 R1 1 R2 1 R3 1 B1 1 HB 1 B2 1 SCC 1 LCC 1' CBD 1 GC 1 AS 1 RD 1 - M1 1 M2
NOTES:
1. Some open space may be required to assure conformity with the intent and provisions of this ordinance. .
2. Measured from the centerline of rights -of -way. When the right -of -way exceeds 60 feet in width. or in the case of cul -de -sacs, the minimum front yard setback in the residential districts
shall be 20 feet from the front property line and the minimum s
3. Applies to a private road within a dedicated right -of -way or an access easement within the alignment of a public street. The setback is measured from the centerline of the right -of -way
or easement. When the right -of -way exceeds 60 feet in width. or
4. Measured from the edge of a private access easement not within a dedicated right -of -way or alignment of street.
5. Measured from abutting residential districts.
6. Additional setbacks may be required to conform with the site screening requirements in Chapter 15.07.
7. See Section 15.05.020 for fence standards on corner lots and along designed arterials.
8. 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 require
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TABLE 5 -2 SUBDIVISION REQUIREMENTS
ZONING DISTRICTS .
SR R1 R2 R3 B1 HB' B2 SCC LCC CBD GC AS RD M1 M2
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SUBDIVISION REQUIREMENTS
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MAXIMUM NUMBER OF DWELLING UNITS PERMITTED PER
NET RESIDENTIAL ACRE SEE YMC CH. 15.04, TABLE 4 -1
•
Detached S.F. Dwelling (per 000 I 7,000 sq ft. 8, 5,000 sq ft.
Unit) sq ft.
Detached S.F. Dwellings Zero •
Lot Line (per Unit) (5)
RESIDENTIAL 5,000 sq ft. 4.000 sq ft. 'NA
USES (By
Dwelling Type) Detached S.F. Dwellings •
MINIMUM See Definitions in Common Wall (per Unit)
LOT SIZE Section 15.02
Two - Family Dwellings (Duplex) ( 8,000 sq ft. 7,000 sq ft.
Multifamily Dwellings and
Planned Residential Density may not exceed maximum number of dwelling units permitted per net residential acre NA
. Development •
PERMITTED NON - RESIDENTIAL USES 10,000 sq ft. I 5,000 sq ft. I None 1/2 acre
ALL — (Except Attached SF. 50 ft. I
I 100 ft. I None I None None I None 60 feet
• STANDARD LOT Dwellings) 75 ft. _
WIDTH (2) Attached SF (3) 50 ft. 35 ft. 50 ft. N/A
• Dwellings— Common Wall
_ SR R1 _ R2 1 R3 _ B1 1 HB '1 B2 SCC 1 LCC 1 CBD 1 GC 1 AS 1 RD 1 M1 1 M2
NOTES: .
(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 less than 50 feet. (Note: this provision does not apply to CBD.)
(3) Lot width shall be at least 60 feet in the SR District when the lots are served by a public or community water system and either the regional or approved community sewer system.
(4) One acre shall be the minimum lot size in Residential Districts within the Floodplain, and Gateway Overlay Districts.
(5) See Special Development Standards for Zero Lot,line Development, Section 15.09.04:
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' 15.05.040 Vision clearance.
' A. Intersections. All corner lots at unsignalized street intersections or railroads
shall maintain, for safety vision purposes, a vision clearance triangle. The
vision clearance triangle shall measure fifteen feet by one hundred and twenty
feet along the perpendicular lengths formed by three points including:
1). A point at the intersection of the extended curb -lines or pavement
edge /travel lanes;
' 2). A point measured one hundred and twenty feet from the first point,
forming a line along the adjacent perpendicular street curb -line or
pavement edge /travel lane; and,
1 3). Apoint measured fifteen feet from the first point, forming a line.
Nothing within the vision clearance triangle shall be erected, placed, planted or
allowed to grow in such a manner as to materially impede vision between the
1 heights of two and one -half and ten feet above the centerline of grades of
intersecting streets (and /or railroads) or the future intersection centerline where
improvements are planned with the six year road improvement program, on file
in the city engineering division. (See Figure 5 -1).
B. Drivewpli only to uses established under the terms
1 of this title. ay Ac
vcurbision cuts or clearance alleys: triangle shall be maintained at all driveways,
curbcuts and the intersection of an alley with a public street for vision safety
purposes. The vision clearance triangle shall measure fifteen feet along the
perpendicular street curb lines or pavement edge, or travel lane of the public-
street and fifteen feet along the driveway or alley. The third side of the triangle
shall be straight line connecting the fifteen foot sides describe above. No sign
or associated landscaping shall be placed within this triangle so as to materially
impede vision between the heights of two and one -half and ten feet above the
centerline grade of the streets
• V qqw 94: -41,5 <; :. rat tu b l a Stier r
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*� ra"'as ,'�- .�.�'�r r > - 'x"' "'A`�aa i�' `^�'�' �" V
z � tlAB� LOgl o/a :c 02411* fx C 44, rte,}' '"fib ;a = �. e 1 t a,.t^�
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ff�YOt iiWiU 1no GIIy`b. `,�4'4 ;yam ; s a Xra
1
14 � �
Figure 5 -1 `
Vision Clearance t fta
Triangle tidy
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15.05.050 Street right -of -way dedication.
All new development shall dedicate, where necessary, street right -of -way in 11
conformance with the standards in the county /city subdivision ordinance and
the arterial street plan adopted in the Yakima urban area comprehensive plan,
except for application 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. 1
15.05.055. New Development Improvement Standards
All development within the Urban Growth Area (UGA) must meet the urban 0
standards of the City of Yakima including the following.
1. All residential development resulting in a combination of thirty or more
existing and proposed housing units accessing a public street shall
require two public street connections Minimum requirements for the
primary and secondary access will be at least 20 feet wide,
unobstructed, paved lanes.
2. In order to promote safety for emergency access and circulation within a
and between new developments, cul -de -sac. streets (public or private)
shall not exceed 600 feet.
15.05.060 Administrative adjustment of certain basic development
standards allowed.
Administrative adjustment of some of the basic development standards in this
chapter are authorized under the zero lot line provisions of Chapter 15.09 and
the provisions of Chapter 15.10. Except as allowed by those provisions, no
reduction of these standards is permitted except pursuant to Chapter 15.21,
Variances.
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Chapter 15.06
OFF- STREET PARKING AND LOADING
Sections:
' 15.06.010 Purpose.
15.06.020 Off - street parking and loading spaces required.
15.06.030 General provisions.
' 15.06.040 , Off - street parking standards.
15.06.050 Computation of required spaces.
15.06.060 Location of required spaces.
' 15.06.070 Schedule of minimum parking dimensions.
15.06.080 Site plan required.
15:06.090 Required landscaping of parking areas.
•
15.06.100 Lighting.
15.06.110 Construction and maintenance.
15.06.120 Time of completion.
' 15.06.130 Off - street loading space required.
15.06.140 Nonconforming parking.
15.06.150 Handicapped parking.
1
15.06.010 Purpose.
' The following parking standards are intended to establish adequate off - street
parking, reduce on- street parking, increase traffic safety, maintain smooth
1 traffic flow, and reduce the visual impact of parking lots.
15.06.020 Off - street parking and loading spaces required.
No off - street parking or loading spaces shall be placed, constructed, located,
1 relocated or modified after adoption of this title without first receiving a
development permit from the Administrative official. All vehicle storage, off -
street parking and loading spaces which are not themselves a principal use are
• accessory uses and shall be subject to the same procedures and review
requirements as the principal use. All off - street parking and vehicle storage
shall be provided in conformance with the provisions of this chapter.
1 15.06.030 General provisions.
A. The off - street parking and loading facilities required by this section shall
' be established prior to any change in the use of land or structures and /or prior
to the occupancy of any new or enlarged structure.
' B. Required off - street parking spaces shall provide vehicle parking only for
residents, customers, patrons, and employees. Required parking shall not be
used for the storage of vehicles or materials, the parking of company or
business vehicles used in conducting the business, or for the sale, repair or
servicing of any vehicle.
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C. Any area once designated for required off - street parking shall not be used
for any other purpose unless and until equal facilities are provided elsewhere
and a site plan has been approved to reflect the change, or the primary use of
the property is changed to a use requiring less off - street parking.
D. The required front yard in the R -3 district shall not be used for off - street
parking for four or more cars unless the three -foot strip nearest the front
property line is landscaped and a two foot high concrete, masonry, or
decorative block wall, or wood fence, or a solid landscaping screen is provided.
(For corner lots see Section 15.05.040, Vision clearance at intersections.). -
E. A Parking Circulation Plan is required for parking lots and the associated
vehicular travel ways for multi - family and non - residential uses that have 5 or
more required off - street parking spaces. The required off - street parking shall be
designed in a manner that eliminates a need for backing and maneuvering from
or onto streets, sidewalks, pedestrian ways or bikeways in order to exit a
property or maneuver out of parking spaces. Further, the parking lot and
associated travel ways shall be designed in a manner that provides for safe and
adequate traffic flow.
1. Loading spaces and truck maneuvering areas shall be
included in the Parking Circulation Plan.
2. Drive - through lanes and related facilities shall be clearly
shown on the Parking Circulation Plan.
3. Driveway locations and specifications shall be shown on the
Parking Circulation Plan and are subject to review for safety
and traffic flow. The location of the driveways shall conform
to Section 15.06.065.
4. The Parking Circulation Plan is a site plan requirement.
Recommendations regarding adequate circulation may be
received from the Traffic Engineering staff, City
Engineering staff, Fire Department and other reviewing
agencies. Additional mitigation or re- design may be required
if the proposed circulation pattern creates safety conflicts.
15.06.040 Off - street parking standards. a
A. Table of Required Off - Street Parking. The parking standards in Table
6 -1, Table of Off - Street Parking Standards are established as the parking
11
standards for the uses indicated. These parking requirements are based on gross
floor area. "Gross floor area" means the total square footage of all floors in a
structure as measured from the interior surface of each exterior wall of the U
structure and including halls, lobbies, enclosed porches and fully enclosed
recreation areas and balconies, but excluding stairways, elevator shafts, attic
space, mechanical rooms, restrooms, uncovered steps and fire escapes, private
1111
garages, carports and off - street parking and loading spaces. Storage areas are
included in gross floor area. However, the required off - street parking for
storage areas shall be calculated at the rate of one space per five hundred 11
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square feet rather than the specific parking standard established in Table 6 -1,
except, when the parking standard for the principal use would require fewer
parking spaces (i.e., one space per six hundred square feet.) All required off -
street parking shall be subject to the procedures of this title and the standards of
1 this section.
B. Uses Not Specified. Off - street parking requirements for uses not
specifically listed in Table 6 -1 shall be determined by the reviewing official
' based upon the requirement for similar uses.
C. Downtown Business District Exempt. The Downtown Business District
of Yakima, as shown in Figure 6 -1 and hereby adopted as a part of this chapter,
1 shall be exempt from the provisions of this chapter as they relate to the number
of parking spaces required. However, this exemption shall not apply to property
that is used for residential purposes, and further provided that all the other
1 requirements of this chapter shall apply to any parking provided by the
applicant.
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TABLE 6 -1 TABLE OF OFF - STREET PARKING STANDARDS
LAND USE PARKING STANDARDS
AGRICULTURE (COMMERCIAL) AGRICULTURE (COMMERCIAL)
Agriculturally related industries 1 space for each employee based on the maximum
working at any given shift; or
1 space for each 300 square foot of gross floor
area for packing and processing areas;
2 spaces for the first 1,000 sq. ft. of gross floor
area, plus 1 space for each additional 5,000 sq. ft.
for CA storage, warehouse, and refrigeration
areas; whichever is deemed more appropriate by
the reviewing official.
AMUSEMENT AND RECREATION 'AMUSEMENT AND RECREATION
Game rooms, card rooms, electronic game rooms 1 space for each playing table, or each 3 seats or
each 3 machines, whichever is greater
Horse racing tracks, speedways, grandstands 1 space for each 3 fixed seats or 54" of bench
seating
Bowling alleys 5 spaces for each lane
Gymnasiums exercise facilities 1 space for each 100 sq. ft. of gross floor area
Roller and or ice skating rink 11 space for each 150 sq. ft. of skating surface area
Swimming pools 1 space for each 50 sq. ft. of water surface area
-- —
Movie theatres 1 space for each 4 seats
Golf Course 5 spaces per green and 1 space per 300 sq. ft. of
gross floor area
Golf Driving Range 1 space per tee or 1 space per 15 feet of driving
line, whichever is greatest
Auditoriums, exhibition halls, Community Centers 1 space for each 100 sq. ft. of gross floor area
COMMUNITY SERVICES COMMUNITY SERVICES
Churches, synagogues, temples, and funeral homes 1 space for each 3 fixed seats (or 54" of bench
type seating)
1 space for each 40 sq. ft. of general
reception/gathering area
Convalescent, nursing and group homes 11 space for each 2 beds O
Clean & Sober Facility 1 space for each bedroom or sleeping area and 1
space per employee 0
Fire and police stations 1 space for each 200 sq. ft. of gross floor area
1 space for each 2 beds
Halfway house (detention center)
1.5 spaces for each bed
Hospital a
100 0
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LAND USE 1 PARKING STANDARDS
1 Schools:
Primary, Elementary 3 spaces for each classroom, or 1 space for each 3
seats (54" bench type seating) in the assembly
1 area, whichever is greater
I Junior, .. Senior • Same as Primary /Elementary and 1 space for each
4 students over 16 yrs. old
_
Junior or community colleges 11 space for each.400 sq. ft. of gross floor area.
Juvenile detention centers 1.5 spaces for each bed
1 Libraries 1 space for each 100 sq. ft. of gross floor area
Museums, art galleries 11 space for each 100 sq. ft. of gross floor area '
Preschools, day care centers 1 space for each employee + 1 space for each 6
1
children
Vocational schools 11 space for each 400 sq. ft. of gross floor area
MANUFACTURING (MASS PRODUCTION) (MANUFACTURING (MASS PRODUCTION)
, All uses listed under manufacturing in Table 4 -1 1 space for each employee per maximum shift
1 RESIDENTIAL RESIDENTIAL
Single - family dwelling 2 spaces
Two - family dwellings 4 spaces
1 Multifamily dwellings (10 units or less) 12 spaces per dwelling
(more than 10 units) 11.5 spaces per dwelling
Retirement homes 11 space for each dwelling unit
1
Planned Developments See Planned Development Ordinance (YMC
I 15.28)
RETAIL TRADE AND SERVICES RETAIL TRADE AND SERVICES
Addressing, mailing, and stenographic services 11 space for each 300 sq. ft. of gross floor area
1 Advertising agencies L1 space for each 300 sq. ft. of gross floor area
Automobile and truck, manufactured homes, travel trailer sales 1 space for each 500 sq. ft. of showroom and 1
I space for each 1,000 sq. ft. of retail sales floor
area
F
Automotive:
1 Automobile maintenance and service shops 2 spaces per service area including work bays
• Car wash 6 spaces per wash bay
Car wash, self service 1 space for each 1,000 sq. ft. of gross floor area
1 Paint and body repair 2 spaces per service area including work bays
Specialized repair shops (battery, radiator, etc.) 2 spaces per service area including work bays
Wrecking and dismantling yards 11 space for each 500 sq. ft. of gross floor area
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II
LAND USE 1 PARKING STANDARDS
Beauty and barber shops 1 space for each 75 sq. ft. of gross floor area
Bed and Breakfast Inn 1.1 spaces for each guest room
Building and contractors 11 space for each 800 sq. ft. of gross floor area
III
Coffee restaurant / stand with or without drive- through 1 space for each 50 sq. ft. of gross floor area,
including outside seating and 1 space for each
employee 1
Drug stores 11 space for each 200 sq. ft. of gross floor area
Employment agencies (private) 11 space for each 200 sq. ft. of gross floor area . D
Farm supplies 1 space for each 800 sq. ft. of gross floor area
Florist - 1 space for each 500 sq. ft of gross floor area
Financial institutions 11 space for each 200 sq. ft. of gross floor area
Furniture, home furnishings, appliances 1 space for each 800 sq. ft. of gross floor area
Gas station 1 space for each 300 sq. ft. of gross floor area
Hardware store 1 space for each 300 sq. ft. of G.F.A. of structure
and permanent outside display sales.area
Heating and plumbing equipment stores 1 space for each 400 sq. ft. of gross floor area II
Heavy equipment, tractor, and farm equipment repair 11 space for each 300 sq. ft. of gross floor area
Home occupations —See Section 15.04.090(E)(1) 1 -
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ousehold appliance, small engine, TV and furniture repair 11 space for each 300 sq. ft. of gross floor area
Insurance agents, brokers and service agencies 11 space for each 200 sq. ft. of gross floor area
Liquor stores 11 space for each 300 sq. ft. of gross floor area
Lumber yards 1 space for each d 400 sq. ft. of gross floor area of
tructure an covered storage area
Nursery 1 space for each 400 sq. ft. of G.F.A. of structure
and permanent outside display and sales area
Medical and dental laboratories, offices, and clinics 1 space for each 200 sq. ft. of gross floor area II
Motels and hotels 1.2 spaces for each guest room
Multiple use centers (3 or more uses with shared parking)
111
— having less than 25,000 sq. ft. of gross floor area 1 space for each 300 sq. ft. of gross floor area
— having 25,001- 400,000 sq. ft. of gross floor area 4 spaces for each 1,500 sq. ft. of gross floor area 1
— having 400,001- 600,000 sq. ft. of gross floor area 5 spaces for each 2,250 sq. ft. of gross floor area
— having 600,001 + sq. ft. of gross floor area ' 6 spaces for each 2,750 sq. ft. of gross floor area
II Paint, glass, and wallpaper stores 1 space for each 400 sq. ft. of gross floor area
Professional office building for use by accountants, attorneys, 1 space for each 200 sq. ft. of gross floor area
etc.
Radio and TV studios, offices 1 space for each 300 sq. ft. of gross floor area
Real estate offices 11 space for each 200 sq. ft. of gross floor area
102
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LAND USE J PARKING STANDARDS
I Residential mini - storage 1 space for each 300 sq. ft. of gross floor area of
office space
Retail service establishments in Table 4.1 but not listed in this 1 space for each 300 sq. ft. of gross floor area
1 table
Retail trade establishments in Table 4.1 but not listed in this
table
I =less than 25,000 sq. ft. of gross floor area 1 space for each 300 sq. ft. of gross floor area
—25,001--400,000 sq. ft. of gross floor area 4 spaces for each 1,500 sq. ft. of gross floor area
1 — 400,001- 600,000 sq. ft. of gross floor area 5 spaces for each 2,250 sq. ft. of gross floor area
— 600,001 + sq. ft. of gross floor area 6 spaces for each 2,750 sq. ft. of gross floor area
Service stations 2 spaces for working/service area, including bays
1 Shoe repair and shoe shops. 1 space for each 300 sq. ft. of gross floor area
Taverns and bars, dine, drink, and dance establishments 1 space for each 75 sq. ft. of gross floor area
II 'I Waste material processing and junk handling 1 space for each 500 sq. ft. of gross floor area
TRANSPORTATION TRANSPORTATION
Bus terminals, storage and maintenance facilities 1 space for each 300 sq. ft. of gross floor area
I Air, rail and truck terminal 11 space for each 300 sq. ft. of gross floor area
Taxicab terminals, maintenance and dispatching centers 11 space for each 300 sq. ft. of gross floor area
UTILITIES JUTILITIES
Utility services 1 space for each 800 sq. ft. of gross floor area
1 WHOLESALE TRADE WHOLESALE TRADE
Wholesale trade warehouses 1 space for each employee based on the maximum
working at any given shift; or
1 space for each 300 square foot of gross floor
area for packing and processing areas;
•
2 spaces for the first 1,000 sq. ft. of gross floor
1 area, plus 1 space for each additional 5,000 sq. ft.
for CA storage, warehouse, and refrigeration
1 areas; whichever is deemed more appropriate by
the reviewing official.
Residential mini - storage See residential mini - storage under retail and
service category
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How to Use Table 6 -1:
1. Calculate the gross floor area for the structure. (See Section 15.06.040 to determine gross floor area).
2. Determine the amount of gross floor area used for storage rooms.
3. Required off - street parking for storage is one space per 500 square feet.
4. Find the proposed use in Table 6 -1 1
Example:
— The gross floor area of the structure is 3,000 sq. ft.
— 1,000 sq. ft. of the structure is used for storage. The parking standard for storage rooms is one space
per 500 sq. ft. (Section 15.06.040).
1,000 + 500= 2 off - street parking spaces for the storage area. 1
— The proposed use is a shoe shop. According to Table 6 -1, shoe shops require one off - street parking
space for each 300 sq. ft. of gross floor area.
2,000 + 300= 6.6 or seven spaces since fractions of parking spaces are rounded up (Section 1
15.06.050(2)).
— The total required off - street parking of this use is:
2 spaces (for storage area)
+ 7 spaces (for the rest of the gross area)
9 spaces
1
15.06.050 Computation of required spaces.
The following rules shall apply in the determination of the number of 1
required off - street parking spaces:
1. Fraction. If the number of off - street parking spaces required in Table 6 -1
contains a fraction, such number shall be changed to the next higher whole 1
number.
2. Mixed Uses. When different uses occupy a single structure or lot, the total
required parking spaces shall be the sum of the requirements of the individual 1
uses.
3. Shared Uses.
a. Owners of two or more uses, structures, or parcels of land within 1
three hundred feet of each other may share the same parking or
loading area when the hours of operation do not overlap.
b. The owners of two or more uses, structures, or parcels within three
hundred feet of each other may also share facilities concurrently;
however, the total parking requirements shall be the sum of the
requirements for each individual use.
c. Whenever shared parking is allowed under this section, the parking
lot shall be signed so as to reasonably notify the public of the
availability of use, and spaces shall not be assigned, allocated or
reserved between uses. (Also see Section 15.06.060.)
A parking easement approved by the administrative official shall be filed
with the county auditor whenever two or more uses propose to share off - street
parking facilities.
4. Tandem Parking. Parking spaces in tandem, having a single means of
ingress and egress shall not be counted as two off - street parking spaces for the
104 1
purpose of fulfilling the requirements of this chapter; except that, each tandem
' space for single- family dwellings shall be counted as a required parking space.
5. Compact Car Parking. For parking areas with 20 or more required parking
spaces, up to 15% of the required number of off - street parking spaces may be
1 designed for compact car parking. Compact spaces shall be no less than 8.feet
by 17 feet and each space must be labeled individually with a durable pavement
marking "COMPACT ".
•
15.06.060 Location of required spaces.
' . Off - street parking facilities shall be located according to the following:
1. For single- family and two - family dwellings, parking facilities shall be
located on the same lot or building site as the buildings they are
required to serve.
2. For hospitals, convalescent, nursing or rest homes, parking facilities
shall be located not more than one hundred fifty feet from the buildings
. 1 they are required to serve unless they are part of an approved Master
Plan or Campus Plan.
3. For uses other than those specified above, parking facilities shall not be
1 located over three hundred feet from the buildings they are required to
serve unless they are part of an approved Master Plan or Campus
1 Plan..
4. Groups of three or more parking spaces shall be served by a driveway
so that no vehicular backing or maneuvering movement will occur
within a public right -of -way other than an alley.
5. No parking lot or driveway serving a nonresidential use in a commercial
or industrial district shall be located in a residential zoning district.
15.06.065 Driveway Locations.
All proposed or modified driveway approaches shall be shown on a general and
detailed site plans. The locations shall conform to the following standards:
(a) No driveway approach shall be so located as to create a hazard to
pedestrians or motorists, or invite or compel illegal or unsafe traffic
movements.
(b) No driveway approach on a Local Access Street may be located
closer to the street intersection corner than 30 feet as measured from the
property line at the corner.
(c) No driveway access to an Arterial Street shall be located within
75 feet (measured along the arterial) of any other such Arterial street
A access on the same side of the street;
1 1
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(d) No driveway access shall be allowed to an Arterial Street within
75 feet of the nearest right of way line of an un- signalized street 1
intersection.
(e) Driveway access shall be limited in the vicinity of a signalized
street intersection. No driveway shall be permitted within 100 feet of a
signalized intersection, as measured from the right of way line. Any
driveway within 200 feet of the right of way line of the intersection
shall be restricted to right turns only.
(f) The construction of new driveway approaches from a public
street or a modification of an existing driveway approach requires a
construction permit pursuant to YMC 8.64 for the specifications of the
driveway approach: 1
(g) Adjustments from this section may be approved if the
modification is reasonable and necessary, and does not create an unsafe 1
condition for motorists or pedestrians.
(h) Existing driveways in violation of these standards at the time of 1
adoption will not be deemed non - conforming, but re- development of
the property requires any new or modified driveway to be consistent
with these standards. 1
15.06.070 Schedule of minimum parking dimensions.
Driveways and parking stalls shall conform to Table 6 -2, which is hereby 111
adopted as the schedule of minimum parking dimensions.
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E ® 111111 NB ® UN MI ® S NM M NM • ® ® M RN NM MI
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TABLE 6 -2 STANDARD PARKING LOT DIMENSIONS
(REFER TO DIAGRAM BELOW / ALL DIMENSIONS ARE BASED ON A BASIC 9' X 19' STALL
LOT LOT
CURB WIDTH 1 WIDTH 2 LOT WIDTH LOT WIDTH
LENGTH MINIMUM ROW + 1 ROWS + 1 3 ROWS + 2 4 ROWS + 2
ANGLE OF STALL PER STALL DRIVEWAY DRIVEWAY SQ DRIVEWAY SQ DRIVEWAYS SQ DRIVEWAYS SQ
PARKING WIDTH CAR DEPTH WIDTHI PER CAR FT PER CAR FT PER CAR FT PER CAR FT
ALONG 8' 23' i8' 12' 20' 460 28' 322 48' 368 56' 322
CURB -0°
30° 9' 18' 117'3" 11' 28'4" 510 45'6" 411 66'2" 397 83'6" 376
45° 9' 12'7" 119'8" 13' 32'10" 420 52'5" 336 79'0" 376 98'10" 315
60° 9' 10'4" 121'0" 18' 39'0" 407 60' 313 95'0" 330 116'0" 305
90° 9' 9' 119' 24' 43' 387 62' 279 105' 315 124' 279
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Figure 6 -2 1
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15.06.080 Site lan required.
P q
A site plan for every new or enlarged off - street parking lot or motor vehicle
sales area shall be approved by the Administrative Official prior to
construction. The site plan shall comply with the provisions for general or
detailed site plans pursuant to Chapter 15.11040 and .050 and shall also show
the proposed development, locations, size, shape and design of the parking
spaces, Parking Circulation Plan curb cuts, lighting, landscaping, irrigation and
other features of the proposed parking lot. The site plan shall be filed under the
provisions of Section 15.11.030.
15.06.090 Required landscaping of parking areas.
A. The standard for landscaping of parking and vehicle storage lots with five
or more spaces shall be ten percent of the total parking area. This landscaping
area may be included to satisfy the lot coverage (impermeable surface)
requirements of Table 5 -1.
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B. The lantin area p g ea standard where required shall be a minimum of twenty-
!' four square feet with the exception of raised planter boxes around buildings.
C. A standard of one tree from an approved list shall be planted for every
fifteen single -row parking stalls or every thirty double -row parking stalls
I within the parking lot.
•
' D. Landscaping shall consist of combinations of trees, shrubs, and
groundcover with careful consideration to eventual size and spread,
susceptibility to disease and pests, durability, and adaptability to existing soil
' and climatic conditions.
E. Every parking area that abuts property in any residential district shall be
' separated from such property by a solid wall, view - obscuring fence, landscaped
berm, or compact evergreen hedge at least six feet in height_The
Administrative Official may increase the height, depth and content of said
screening as necessary to adequately protect adjacent single - family residential
development. The screening shall be provided and maintained along the
property line of such lot.
15.06.100 Lighting of Parking Lots
g g g
Lighting shall be provided to illuminate any off - street parking or loading
space used at night. When provided, lighting shall be directed to reflect away
from adjacent and abutting properties. Parking lots adjacent to residential
districts or uses shall be designed with down - shielding and luminaries creating
no lighting pollution upon those properties. A photometric lighting plan may
be required if the parking lot is located adjacent or abutting residential
properties. Further requirements and restriction are required when the property
is located within the Airport Overlay District (See Chapter 15.30)
15.06.110 Construction and maintenance. •
All off - street parking Lots, driveways, travel ways, parking aisles vehicle
1 storage and vehicle sales lots having a capacity of three (3) or more vehicles,
shall be constructed in the following manner:
1. Surfacing: paved with two -inch thick asphaltic surfacing on an
1 aggregate base, or an equivalent surfacing acceptable to the Administrative
Official, so as to eliminate dust or mud. Pervious asphalt or concrete materials
is encouraged.
1 2. Grading and drainage: graded and drained so all surface water is
disposed of on -site. Grading and drainage facilities shall be designed according
to accepted engineering standards and the Eastern Washington Stormwater
1 Manual, which will require review by the City Engineer or a designee.
3. Border barricades: any parking, vehicle storage or motor vehicle sales
area abutting the street property line shall provide a concrete curb at least six
inches in height and located at least two feet from the street property line. The
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curb shall be securely anchored. No curb shall be required across any driveway
or entrance to the parking area, or if the parking lot is separated from the street
by a fence or hedge.
4. Markings: all parking spaces (except motor vehicle sales areas) shall be
marked by durable painted lines at least four inches wide and extending the
length of the stall or by curbs or other means approved by the Administrative
Official to indicate individual parking stalls. Signs or markers located on the
parking lot surface shall be used as necessary to ensure safe and efficient use of
the parking lot. In addition, when required all barrier -free parking will be 111
marked and signed to comply with the Washington State Barrier Free
requirements. '
The owner or lessee of a required parking area shall maintain the paved
surface, drainage facilities, landscaping and irrigation facilities in conformance
with the standards of this chapter and the approved site plan.
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15.06.120 Time of completion. '
All parking required by this title shall be installed prior to occupancy or
commencement of use. Where compliance with this requirement is not
possible, the Administrative Official may grant an appropriate delay under the I'
provisions of Section 15.12.070(D).
15.06.130 Off - street loading space required.
g P 9
Off- street loading and unloading spaces shall be required for any use
requiring frequent loading or unloading from trucks or other large vehicles.
(See Parking Circulation Plan requirements in Section 15.06. 030).
(1) Loading Space Size. The required loading space shall be of adequate
size to accommodate the maximum number and size of vehicles simultaneously
loading or unloading at the structure. Each off - street loading space shall have
the minimum dimensions of twelve feet in width and twenty -five feet in length.
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On -site maneuvering space of not less than fifty -two feet in length shall be
provided adjacent to the loading dock. This maneuvering space shall not
include any area designated for off - street parking.
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(2) Loading Space Location. Required off - street loading and related
maneuvering space shall be located only on or abutting the property served. No
part of any vehicle using the loading space shall project into the right-of-way of
any public or private road.
15.06.140 Nonconforming parking.
Any use which, on the effective date of this section or any amendments
hereto, is nonconforming in terms of required off - street parking facilities may
continue in the same manner as if they were conforming. However, the number
of existing off - street parking spaces shall not be reduced.
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When an existing structure with nonconforming parking is expanded and
additional parking is required, the additional parking spaces shall be provided
in accordance with the provisions of this chapter. However, the number of
additional spaces shall be computed only to the extent of the enlargement,
1 regardless of whether or not the number of previously existing spaces satisfies
the requirements of this chapter.
When the use of an existing lot or structure with nonconforming parking is
changed to another use listed in Table 4 -1 the nonconformity shall cease and
the new use shall provide all the required off - street parking in accordance with
the provisions of this chapter.
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15.06.150 Handicapped parking.
Handicapped parking shall be provided in accordance with the Washington
State Barrier -Free Code,
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Chapter 15.07
SITESCREENING
Sections:
15.07.010 Purpose.
15.07.020 Sitescreening required
15.07.030 Determination of sitescreening requirements.
15.07.040 Sitescreening standards
15.07.050 Table of required sitescreening standards
15.07.060 Sitescreening along streets
15.07.070 Location
15.07.080 Existing plant material
15.07.090 Preparation of a sitescreening plan
15.07.100 Time of completion
15.07.110 Retention and maintenance
15.07.010 Purpose 111
The purpose of this section is to: establish sitescreening standards to provide a
visual buffer between uses of different intensity, streets and structures, reduce
erosion and stormwater runoff; protect property values, and eliminate potential
land use conflicts by mitigating adverse impacts from dust, odor, litter, noise,
glare, lights, signs, water run -off, buildings or parking areas.
15.07.020 Sitescreening Required
Site screening shall be required along the property lines in accordance with the
provisions of this chapter whenever any use, development, or modification to
the use or development is being reviewed under this title. Provided, the
construction of single- family residences or duplexes not part of a larger
development are exempt from this chapter unless the site abuts a commercial
zoned district. No site screening is required along a property line shared with a
vacant parcel, except where a non - residential use is developed upon a vacant 0 .
parcel in the SR or R1 zone. The provisions of this chapter also. apply to the
approval of any residential subdivisions and planned residential development.
15.07.030 Determination of Sitescreening Requirements
The Administrative Official may adjust the site screening standards in this
chapter by approving other site screening plans pursuant to the provisions of
Section 15.10.020 and Section 15.10.030.
15.07.040 Sitescreening Standards 11
Site screening requirements vary depending on the intensity of both the
proposed use and abutting properties. Three different standards, A, B and C,
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are hereby established to accommodate the range of site screening needs.
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STANDARD A —A ten- foot wide landscaped planting strip with trees at
twenty -feet to thirty -foot centers, which include shrubs, and groundcover.
STANDARD B —A three - foot -wide planting strip that will create a living
evergreen screen that is at least six feet in height within three years.
•
STANDARD C — six - foot - high., view - obscuring fence, made of wood,
masonry block, concrete or slatted chain link material. A three - foot -wide
planting strip landscaped with a combination of trees, shrubs, and groundcover
along the outside of the fence is also required when the fence is adjacent to
streets, alleys and pedestrian ways.
Provisions A, B and C are standards for the size of sitescreening area and, the
1 density and type of landscaping /planting. The developer may substitute a
higher site screening standard, with standard C being higher than B, and B
being higher than A.
Other site screening plans that improve the site design and achieve the purpose
of this section may also be approved by the Administrative Official in
accordance with Chapter 15.10. All site screening shall also conform to the
provisions of Section 15.05.
15.07.050 Table of Required Sitescreening Standards.
Table 7 -1 titled "Required Sitescreening Between Uses and Development," is
hereby adopted as part of this chapter. The letter designation in this table refers •
to the sitescreening standards in Section 15.07.040.
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TABLE 7 -1 REQUIRED SITE SCREENING BETWEEN USES 1
AND DEVELOPMENT
COLUMN 1 Lowest Intensity District in which ADJACENT use is Class (1) Use 1
Lowest Intensity District • Lower District Intensity — Higher
in which the
PROPOSED LAND SR R1 R2 R3 B1 B2 SCC LCC AS GC CBD RD M1 M2
USE is a Class (1) Use
•
SR A A C C C• C C C C C C
RI B C C C C C C C C C C C
R2 A B C B C C C C C C C C C
R3 A A A A B C' C C C. C C C C
B1 A B B A B B
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B2 C C C B B B
SCC C C C C B B
LCC C C C C A B
AS C C C C .
GC C C C C A B
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CBD C C C C A. B
RD C C C C C C
M1 C C C C B B B A A A C
M2 C C C C B B B B B B C
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Sitescreening generally not required 1
A,Bor
C Letters refer to the sitescreening standards in 15.07.040
How to Use Table 7 -1 •
EXAMPLE: Proposed Use Residential Mini - Storage
1. Refer to Table 4 -1 to find Lowest Density Zoning District in which the proposed use is permitted as a Class 1 Use.
For residential mini - storage this is M -1. Find this district in Colunin 1 above.
2. Refer to Table 4 -1 to find the Lowest Intensity District in which each adjoining use is permitted as a Class (1) Use.
If an adjoining use is not a Class (1) use in any district sitescreening, standard C is the required sitescreening a
standard along that property line.
Adjoining Uses: North Single- family dwellings
Lowest Intensity District Class (1) Use = SR
South Tavern
Lowest Intensity District Class (1) Use = LCC
East Employment Agency
Lowest Intensity District Class (1) Use = B2
West Vacant .
3. Use Table 7 -1 to find the recommended sitescreening to be provided by proposed use. The recommended level of
sitescreening is the letter in the intersection of the district found in Step 1 with each district noted in Step 2.
(In this example: SR =C; LCC =A; B2 =B; Vacant =none. .
4. Refer to specific sitescreening standards in 15.07.040.
5. Prepare sitescreening plan. See Section 15.07.040. 1
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15.07.060 Sitescreening Along Streets.
' Sitescreening standard A shall apply wherever sitescreening required under
Table -7 -1 and the adjoining land use is separated from the proposed use or
development by a collector or local access street, The Administrative Official
may also require sitescreening Standard A along an arterial when such action is
consistent with the purpose of this chapter.
15.07.070 Location.
Generally, all required sitescreening shall:
1. Be located on the perimeter of a lot or parcel upon which the
development occurs;
2. Extend from lot line to lot line; •
3. Adhere to applicable Setback Standards of Chapter 15.05; and
4. Not be located on any portion of a public or private street, dedicated
right -of -way or vision clearance triangle.
15.07.080 Existing Plant Material
Existing trees and other vegetation may be used for sitescreening if they are
healthy and will satisfy the purpose of this section.
15.07.090 Preparation of a Sitescreening Plan.
The Administrative Official may require a sitescreening plan showing the
approximate location, height, size and type of all plantings and fences
1 whenever sitescreening is required.
15.07.100 Time of Completion.
All sitescreening required by this title shall be installed prior to occupancy or
commencement of use. Where compliance with this requirement is not
possible because of seasonal planting limitations, the Administrative Official
shall grant an appropriate delay. However, no permanent certificate of
occupancy shall be issued until all required sitescreening is completed.
15.07.110
eeRetention shall and be Main.
All sitescrning maintaine in accordance with the purpose and intent
of this chapter. It is the property owner's obligation and responsibility to
1 maintain the site screening approved.
In the event the sitescreening deteriorates or is not maintained in a condition
consistent with plan approval, the appropriate jurisdiction may at its option
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cause necessary maintenance to be performed and assess the costs thereof to
the property owner. These costs shall constitute a lien on the property from the
date of filing a notice of lien in the office of the county auditor. The lien shall
state the legal description of the property and the amount of costs assessed.
Such lien may be foreclosed by the appropriate jurisdiction in the manner
provided by law for the foreclosure of mortgages.
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Chapter 15.08
1 SIGNS
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Sections:
15.08.010 Purpose.
15.08.020 Definitions.
15.08.030 Development permit required.
15.08.040 Exempt signs.
15.08.050 Prohibited signs.
15.08.055• Sign maintenance.
15.08.060 Sign standards.
15.08.070 General provisions.
15.08.080 Projection over right-of-way.
15.08.090 Roof signs.
15.08.100 Wall signs.
15.08.110 Temporary signs.
15.08.120 Directional signs.
15.08.130 Off - premises signs and billboards.
1 15.08.140 Multiple - building complexes and multiple- tenant buildings.
15.08.150 Freeway signs.
15.08.160 Legal nonconforming signs.
15.08.170 Administrative adjustment of sign standards allowed.
15.08.180 Variances.
15.08.190 Violations.
15.08.010 Purpose.
The purpose of this section is to accommodate and promote: sign placement
consistent with the character and intent of the zoning district; proper sign
maintenance; elimination of visual clutter; and creative and innovative sign
1 design. To accomplish this purpose, the posting, displaying, erecting, use and
maintenance of signs within the urban area, shall occur in accordance with this
chapter.
15.08.020 Definitions.
For the purpose of this chapter, certain abbreviations, terms, phrases, words
and derivatives shall be construed as specified herein.
1. "Abandoned sign" means any sign located on property that is vacant and
1 unoccupied . for a period of six months or more, or any sign which pertains to
any occupant, business or event unrelated to the present occupant or use.
2. "Banner" means any sign of lightweight fabric or similar material that is
1 mounted to a pole or building at one or more edges. National flags, state, local
flags or any official flag at an institution or business will not be considered
banners.
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3. "Canopy sign" means any sign that is part of or attached to an awning,
canopy or other fabric, plastic or structural protective cover over a door,
entrance, window or outdoor service area.
4. "Changing message center sign" means an electronically controlled sign
where different automatic changing messages are shown on the lampbank. This
definition includes time and temperature displays.
5. "Construction sign" means any sign used to identify the architects,
engineers, contractors or other individuals or firms involved with the
construction of a building and to show the design of the building or the purpose
for which the building is intended.
6. "Directional sign" see Section 15.08.020(15), off - premises directional
sign, and Section 15.08.020(16), on- premises directional sign.
7. "Electrical sign" means a sign or sign structure in which electrical
wiring, connections, and /or fixtures are used as part of the sign proper.
8. "Flashing sign" means an electric sign or a portion thereof (except
changing message centers) which changes light intensity in a sudden transitory
burst, or which switches on and off in a constant pattern in which more than
one -third of the nonconstant light source is off at any one time.
9. "Freestanding sign" means any sign supported by one or more uprights,
poles or braces in or upon the ground. 1
10. "Freeway sign" means a freestanding sign designed and placed to
attract the attention of freeway traffic.
11. "Grand opening sign" means temporary signs, posters, banners, strings 1
of lights, clusters of flags, balloons and searchlights used to announce the
opening of a completely new enterprise or the opening of an enterprise under
new management. 1
12. "Multiple- building complex" is a group of structures housing two or
more retail, offices, or commercial uses sharing the same lot, access and /or
parking facilities, or a coordinated site plan. For purposes of this section, each
multiple building complex shall be considered a single use.
13. "Multiple- tenant building" is a single structure housing two or more
retail, offices or commercial uses sharing the same lot, access and /or parking
facilities, or a coordinated site plan. For purposes of this section, each multiple
building complex shall be considered a single use. See Section 15.08.140.
14. "Off- premises sign" means a sign which advertises or promotes
merchandise, service, goods, or entertainment which are sold, produced,
manufactured or furnished at a place other than on the property on which said
sign is located.
15. "Off- premises directional sign" means an off - premises sign with
directions to a particular business.
16. "On- premises sign" means a sign incidental to a lawful use of the
premises on which it is located, advertising the business transacted, services
rendered, goods sold or products produced on the premises or the name of the
business, name of the person, firm or corporation occupying the premises.
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17. On- premises directional sign" means a sign directing pedestrian or
vehicular traffic to parking, entrances, exits, service areas, or other on -site
' locations.
18. "Political sign" means a sign advertising a candidate or candidates for
' public elective offices, or a political party, or a sign urging a particular vote on
a public issue decided by ballot.
19. "Portable sign" means a temporary sign made of wood, metal, plastic,
or other durable material, which is not attached to the ground or a structure.
This definition includes sidewalk, sandwich boards and portable readerboards
(also see Section 15.08.020(29), temporary sign).
20. "Projecting sign" means a sign, other than a wall sign, that is attached
to and projects from a structure or building face.
21. "Real estate sign" means any sign pertaining to the sale, lease or rental
of land or buildings.
22. "Roof sign" means any sign erected or constructed as an integral or
essentially integral part of a normal roof structure of any design. See Section
15.08.090.
23. "Sign" means any medium, including its structural component . parts
which is used or intended to attract attention to the subject matter that
identifies, advertises and /or promotes an activity, product, service, place,
business or any other thing.
24. "Sign area" means that area contained within a single continuous
perimeter which encloses the entire sign cabinet, but excluding any support or
framing structure that does not convey a
a
Star Face
P1221 Sip
sign P122A
1M
FIGURE 8-1
message.
25. "Sign cabinet" means the module or background containing the
advertising message but excluding sign supports, architectural framing, or other
decorative features which contain no written or advertising copy.
26. "Sign height" means the vertical distance measured from the grade
below the sign or upper surface of the nearest street curb, whichever permits
the greatest height, to the highest point of the sign.
27. "Sign setback" means the horizontal distance from the property line to .
the nearest edge of the sign cabinet.
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28. "Street frontage" means the length in feet of a property line(s) or lot
line(s) bordering a public street. For comer lots each streetside property line
shall be a separate street frontage. The frontage for a single use or development
on two or more lots shall be the sum of the individual lot
"frost 1
r
r.... 111
A,
FIGURE 6.2 1
frontages.
29. "Temporary sign" means any sign, banner, pennant, valance, or
advertising display constructed of cloth, paper, canvas, cardboard, or other light 1
nondurable materials and portable signs as defined in Section 15.08.020. Types
of displays included in this category are: grand opening, special sales, special
event, and garage sale signs.
30. "Use identification sign" means a sign used to identify and /or contain
information pertaining to a school, church, residential development or a legal
business other than a home occupation in a residential district. 1
31. "Wall sign" means any on- premises sign attached to or painted directly
on, or erected against and parallel to the wall of a building. See Section
15.08.100.
III
32. "Window sign" means any sign, pictures, symbol or combination
thereof, designed to communicate information about an activity, business, 1
commodity, event, sale or service, that is placed inside a window or upon the
window panes or glass and is visible from the exterior of the window.
15.08.030 Development permit required. 1
No sign governed by the provisions of this title shall be erected, structurally
altered or relocated after the adoption of this title without first receiving a
development permit from the building official.
1. For New Uses. All on- premises signs are accessory uses and shall be
subject to the same procedural and review requirements as the principal use. I
Off- premises signs and billboards are permitted as shown in Section 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 1
the building official.
15.08.040 Exempt signs. 1
Except when otherwise prohibited, the following signs are exempt from the
application, permit and fee requirements of this title when the standards of this
chapter are met:
1. Window signs;
2. Point of purchase displays, such as product dispensers;
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3. Gravestones;
4. Barber poles;
5. Historical site plaques;
6. Structures intended for a separate use such as phone booths, Goodwill
containers, etc.;
7. Official and legal notices issued by any court, public body, person or
officer in performance of a public duty or in giving any legal notice;
8. Directional, warning or information signs or structures required or
authorized by law, or by federal, state, county or city authority;
9. Official flags of the United States of America, states of the United
I States, counties, municipalities, official flags of foreign nations, and flags of
internationally and nationally recognized organizations;
10. Political signs which during a campaign, advertise a candidate or
I candidates for public elective office, a political party, or promote a position on
a public issue, provided (i) all political signs shall be removed within fifteen
days following the election, except that in cases where a general election
follows a primary election, those signs for candidates whose names will appear
on the ballot in the general election may be displayed during the interim period
and up to fifteen days after the general election, and (ii) no political sign shall
be erected upon any private property without the permission of the resident or
owner thereof, and in cases where there is no occupied structure on the
property, no political signs shall be placed thereon without the written consent
of the owner of the property;
11.. Construction and real estate signs not exceeding thirty -two square feet
in sign area;
1 12. All temporary signs (See Section 15.08.110) accept portable signs;
13. Church, school and community center name and /or readerboards not
exceeding thirty -two square feet in sign area;
14. Canopies and awning signs;
15. On- premises signs not readable from the public right -of -way, i.e.,
menu boards, etc.;
1 16. On- premises directional signs;
17. Official public or court notices issued by a government agency or body
or required or provided for under adopted statute.
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15.08.050 Prohibited signs.
The following signs are prohibited:
1. Signs on any vehicle or trailer that is parked on public or private
property and visible from a public right -of -way for the purpose of
circumventing the provisions of this chapter. This provision shall not prohibit
signs which are painted on or magnetically attached to any vehicle operating in
the normal course of business;
2. Signs which purport to be, are an imitation of, or resemble an official
traffic sign or signal; could cause confusion with any official sign, or which
obstruct the visibility of any traffic /street sign or signal;
1 3. Signs attached to utility, streetlight and traffic - control standard poles;
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4. Swinging projecting signs;
5. Signs in a dilapidated (having peeling paint, major cracks or holes,
and /or loose or dangling materials) or hazardous condition;
6. Abandoned signs;
7. Signs on doors, windows or fire escapes that restrict free ingress or
egress;
8. Any other sign not meeting the provisions of this chapter.
15.08.055 Sign. maintenance. 1
A. General Requirements. Signs shall be maintained in good order and
repair at all times so that they do not constitute any danger or hazard to public
safety, and are free of peeling paint, major cracks and loose and dangling
materials. Signs that are not maintained in this manner shall be considered
prohibited signs.
B. Nonconforming Sign Maintenance and Repair. Nothing in this title shall
relieve the owner or user of a legal nonconforming sign or owner of the
property on which the nonconforming sign is located from the provisions of
this section regarding safety, maintenance, repair and /or removal of signs. (See
Section 15.08.160) 1
15.08.060 Sign standards.
The provisions of this chapter and the requirements in Table 8 -1, "Type and 1
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 1
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I TABLE 8 -1 TYPE AND NUMBER OF SIGNS PERMITTED
ZONING DISTRICTS
SIGN TYPE SR RI R2 R3 B1 HB B2 SCC LCC CBD GC RD MI M2
I . PERMITTED SIGNS
On. Nameplate Permitted as an accessory use to an approved or existing use
Premises Subdivision
I Signs Identification/ Project
Identification
Roof/Portable Signs Not Permitted Class (1) Use
I Freestanding' Subdivision/Proj. Are Subject to the Same Reviews and Procedural
I.D. Only Requirements as the Principal use
Projecting Not Permitted
•
I Freeway See Section 15.08.150
Off Directional Not Class Not Class (2) Use Class
Premises Advertising Permitted (2) Permitted (I) Use
Signs • use
Billboards •
NUMBER OF SIGNS PERMITTED •
On `Nameplate 1 per dwelling
I Premises Subdivision 1 peer street frontage 1 per street frontage '
Signs Identification/ Use
Identification
I .
• Freestanding'
Projecting Not Permitted
I Wall / Roof/Portable Wall: See 15.08.100 /Roof: See
Signs 15.08.090 /Temporary: See 15.08.110
Freeway • . Freeway: See Section 15.08.150
1 Off Directional Directional: See Section 15.08.120(13)
Premises Advertising Not Permitted 1 Sign Per Parcel (Also See 15.08.130)
Signs Billboards •
1 . NOTES:
1 1. Section 15.08.140 has freestanding sign provisions for multiple building complexes and
multiple tenant buildings.
1 2. Nameplates and subdivision identification signs permitted in the Residential Districts
• may be placed on a wall —See Table 8 -2.
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TABLE 8 -2 MAXIMUM SIGN AREA
MAXIMUM AREA PER SIGN FACE
ZONING Freestanding and Projecting Signs WALL SIGNS FREEWAY SIGNS
DISTRICT Sign is setback 15' or Sign is setback 15' or . 1
less from required more from required
right -of -way right -of -way
SR Nameplates up to 2 sq. ft NOT PERMITTED
R1 Subdivision/Project Identification up to 32 sq. ft. • 1
R2
R3 •
B1 24 sq. ft. 40 sq. ft. SIZE OF WALL TO WHERE PERMITTED: 1
HB WHICH UP TO 300 SQUARE
B2 40 sq. ft. 60 sq. ft.
ATTACHED • FOOT
SCC Frontage is less 1 sq. ft. of sign area per 1 -1/2 sq. ft. of sign area 1 •
than 400 Ft. lineal ft. of frontage up per lineal ft. of frontage
long to 100 sq. ft. up to 150 sq. ft.
Frontage is 1 sq. ft. of sign area per 1-1/2 sq. ft. of sign area
I
more than 400 lineal ft. of frontage up per lineal ft. of frontage
Ft. long to 150 sq. ft. up to 200 sq. ft.
LCC Frontage is less 1 sq. ft. of sign area per 1 -1/2 sq. ft. of sign area I
than 400 Ft. lineal ft. of frontage up per lineal ft. of frontage
long to 150 sq. ft. up to 200 sq. ft.
Frontage is 1 sq. ft. of sign area per 1 -1/2 sq. ft. of sign area 1
•
more than 400 lineal ft. of frontage up per lineal ft. of frontage
Ft. long to 200 sq. ft. up to 250 sq. ft.
CBD 1 sq. ft. of sign area per lineal ft. of frontage up
to 150 sq. ft. 1
GC Frontage is less . 1 sq. ft. of sign area 1-1/2 sq. ft. of sign area
than 400 Ft. per lineal ft. of frontage per lineal ft. of frontage .
long up to 150 sq. ft. up to 200 sq. ft.
Frontage is 1 sq. ft. of sign area per 1 -1/2 sq. ft. of sign area
more than 400 lineal ft. of frontage up per lineal ft. of frontage
Ft. long to 200 sq. ft up to 250 sq. ft.
Frontage is less 1 sq. ft. of sign area per 1 -1/2 sq. ft. of sign area
than 400 Ft. lineal ft. of frontage up per lineal ft. of frontage
AS long to 150 sq. ft. up to 200 sq. ft.
•
Frontage is 1 sq. ft. of sign area per 1 -1/2 sq. ft. of sign area 1
more than 400 lineal ft. of frontage up per lineal ft. of frontage
Ft. long • to 200 sq. ft up to 250 sq. ft.
Frontage is less 1 sq. ft. of sign area per 1 -1/2 sq. ft. of sign area
than 400 Ft. lineal ft. of frontage up per lineal ft. of frontage .
RD long to 150 sq. ft. up to 200 sq. ft.
Frontage is 1 sq. ft. of sign area per 1 -1/2 sq. ft. of sign area
•
more than 400 lineal ft. of frontage up per lineal ft. of frontage
Ft. long to 200 sq. ft up to 250 sq. ft.
M1 1 sq. ft. of sign area per 1-1/2 sq. ft. of sign area
M2 lineal ft. of frontage up per lineal ft. of frontage
to 100 sq. ft. up to 150 sq. ft.
MAXIMUM AREA PER SIGN = 2 TIMES THE MAXIMUM AREA PER SIGN FACE
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TABLE 8 -3 SIGN HEIGHT AND SETBACKS
0 - ZONING DISTRICTS
SIGN STANDARDS SR R1I122 R3 B1 HB B2 SCC LCC CBD GC AS RD MI M2
MAXIMUM SIGN HEIGHT
Freestanding' Sign is setback 15 feet or 5 ft. 10 Ft. 15 30 30 30 30 Ft.
less from required right Ft. Ft. Ft. Ft.
of -way
1
0_
Sign is setback more than 10 Ft. 15 Ft. 20 35 40 30 40 Ft.
0 15 feet from required Ft. Ft. Ft. Ft.
right -of -way
Projecting Not See Section 15.08.080
Wall Permitted2 Top of Wall to Which Attached
Freeway Where Permitted: 70'
SETBACKS '
Minimum front yard setbacks Edge of right -of -way
Minimum side yard setbacks Required setback standards for each zoning district (Table 5 -1)
Notes:
1 Section 15.08.140 has special freestanding sign provisions for multiple building complexes and multiple tenant
buildings.
2 Nameplates and subdivision identification signs permitted in the Residential Districts may be placed on a
wall —See Table 8 -2.
•
15.08.070 General provisions.
All signs shall comply with the following provisions:
A. Construction shall satisfy the requirements of the Building Code;
B. Except for exempt signs, all signs shall be permanently attached to a
building or the ground;
lls C. Signs attached to a building shall not exceed the height of the building,
except under the provisions of Section 15.08.080(1) and Section 15.08.090;
D. All signs shall comply with the setback requirements in Table 8 =3;
except, when the side or rear yard is a street frontage, then the front setback
shall apply;
E. Lighting directed on or internal to any sign shall be shaded, screened or
directed so that the light's intensity or brightness shall not adversely affect
neighboring property or motor vehicle safety;
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F. All signs together with their supports, braces, and guys shall be
maintained in a safe and secure manner;
G. The ratio of the area of the sign support, framing structure, and /or other
decorative features which contain no written or advertising copy, to the sign
cabinet shall not be greater than 1:1;
H. A clearview triangle shall be maintained at all driveways and curb cuts
for vision safety purposes. (See Section 15.05.040);
I. No freestanding signs shall be placed in the clearview triangle
established in 15.05.040.
J. Any exterior lighting must be shielded and directed away from adjoining
streets or residential uses.
E•Nta»l so u=
fl k Tffl
Y
1986). FIGURE 83
15.08.080 Projection over right-of-way. t
J
Projecting and freestanding signs shall comply with the following provisions:.
1
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. No more than one -third of the height of any projecting sign shall exceed
the height of the building to which it is attached.
2. All signs projecting over the public right -of -way shall conform to the
following standards:
Clearance Above
Grade Maximum Projection
Less than 8 feet Not permitted
8 feet to 9 feet 1 foot
9 feet to 10 feet 2 feet
Over 10 feet 2/3 the distance from building to curb line or a maximum
of l0 feet ,
No sign shall project within two feet of the curb line.
1
15.08.090 Roof signs.
All roof signs shall comply with the following p rovisions:
1. Roof signs shall be erected so as to appear from all sides as a wall sign
applied to an existing penthouse which appears to be a part of the building
itself.
2. Roof signs must not exceed the maximum allowable height of the
building within the district in which it is located. 1
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3. All roof signs shall be installed or erected in such a manner that there is
no visual support structure.
15.08.100 Wall signs.
All wall signs shall conform to the following provisions:
1. Wall signs may be painted upon, attached flat to, or pinned away from
the wall, but shall not project more than twelve inches from the wall.
2. The number of wall signs is not regulated; provided the total area of the
wall sign(s) may not exceed the area of the wall to which attached.
3. Wall signs shall not extend above the height of the wall to which
attached.
15.08.110 Temporary s i g ns.
All temporary signs shall conform to the following:
P Y g : g
U 1. No temporary sign shall be displayed for more than thirty days at any
one time nor more than ninety days during a calendar year.
2. Only one temporary sign on each street frontage per parcel or lot is
permitted.
n 3. No temporary sign shall be placed in a required parking space, driveway
or clearview triangle.
4. No temporary sign may be placed in the public right -of -way or an
easement unless specifically permitted by the city /county.
5. Temporary signs placed on the ground shall be separated from parking
1111 and driveway areas by a curb or other barrier.
6. No temporary sign shall be displayed more than fifteen days after the
event for which it is intended.
15.08.120 Directional signs.
A. On- premises Directional Signs. Off - premises direction signs readable
from the public right -of -way may be permitted in accordance with Table 8 -1.
On- premises directional signs may contain both directions and the business
name or logo provided the business name or logo shall not exceed fifty percent
of the sign area. All on- premises directional signs shall meet the general
provisions of this section, and shall not exceed ten square feet per sign face.
II B. Off - premises Directional Signs. Off - premises directional signs are
permitted where indicated in Section 15.08.130(B); provided, that:
1. Each use located in a district where off- premises directional signs are
allowed is permitted one off - premises directional sign;
2. The off - premises sign contains only directional information and does not
exceed thirty -two square feet in area nor twenty -five feet in height;
3. The off - premises signs are permanently installed on private property;
4. Only one off - premises sign is permitted on a parcel.
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15.08.130 Off - premises signs and billboards.
A. Billboards are: '
Class (1) uses in the M -1 and M -2 districts;
Class (2) uses in the CBD, GC, and RD districts;
Billboards may be permitted in these districts after the required type of
review. Provided, they meet the provisions of this chapter and all of the
following criteria:
1. The maximum sign area does not exceed three hundred square feet per
sign face;
2. There is not more than one product display per sign face;
3. There are no side by side panels;
4. Required front yard setbacks are met;
5. Billboards between a one - hundred -fifty and three - hundred feet radius of
a residential district shall be restricted to one hundred sixty square feet per sign
face and may not be lighted;
6. No billboard shall be located within one - hundred fifty feet of a
residential district;
7. The billboard is not within five hundred lineal feet of another billboard
having the same street frontage;
8. Billboard height standards shall not exceed that permitted for
freestanding signs as provided in Table 8 -3 of this chapter;
9. The total number of combined freestanding signs, off - premise signs and
billboards does not exceed the number of freestanding signs allowed for the
property.
C. Off - premise(s) signs are:
Class (1) uses in the M -1 and M -2 districts;
Class (2) uses in the B -2, CBD, GC, and RD districts.
Off - premises signs may be permitted in these districts after the required type
of review, provided they meet the provisions of this chapter and the specific
standards for the district in which they are located.
15.08.140 Multiple - building complexes and multiple- tenant buildings.
A. Purpose. The following provisions shall apply to multiple - building
complexes and multiple- tenant buildings in the SCC, LCC, GC, and RD
districts.
B. Number of Freestanding Signs. Each multiple- building complex shall be 1
allowed one freestanding sign on each street frontage in 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 B1 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 1
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also apply to each multiple tenant building, unless it is a part of a,multiple
building complex.
U 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.
15.08.150 Freeway signs.
A. Purpose. The purpose of this section is to permit hotels /motels,
restaurants, service stations and fruit stands near the freeway, a larger on-
premises sign to inform freeway travelers of their service.
fl B. Location. A use with more than one street frontage may substitute a
freeway sign for one of its allowable freestanding signs. When the use: (a) has
fStreetrontage N Nob Hill vd., mr Heights ve, rt
U , orth on 1 6th Avenue Bl or Ya No a 40th Avenue Avenue /Ter and ace all or a portiDrion No of the h lot
is within one thousand feet of a freeway interchange, or (b) is within two
hundred fifty feet of the freeway right -of -way.
C. Number of Freeway Signs. Only one freeway sign is permitted on each
parcel, multiple building complex or for each development, whichever is more
restrictive.
D. Uses with Only One Frontage. Uses within the area described in Section
15.08.150(B) with only one street frontage may install a freeway sign in
addition to the permitted freestanding sign.
E. Sign Height. The maximum height for freeway signs is shown in Table
8 -3.
15.08.160 Legal nonconforming signs.
Any sign lawfully existing under all codes and ordinances in effect at the
I� time this title is enacted or amended may continue to be maintained and
operated as a legal nonconforming sign so long as it remains otherwise lawful;
provided, that:
I 11 1. No sign shall be changed in any manner that increases noncompliance with the provisions of this title; and
2. If the sign is structurally altered or moved, its legal nonconforming
Q status shall be voided, and the sign will be required to conform to the
provisions of this title. Nothing in this section shall be construed to restrict
normal structural repair and maintenance; and,
3. The sign is not a hazardous or abandoned sign.
15.08.170 Administrative adjustment of sign standards allowed.
A. Comprehensive Design Plan. A comprehensive design plan is required
whenever adjustment of one or more of the sign design standards of this
chapter is proposed or when required as part of a detailed sign plan. The
comprehensive design plan shall include a narrative and site plan, including,
but not limited to the following:
a
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1. The physical components of the sign including sign size, height, shape,
color, location and associated landscaping; and
2. A description of how the sign relates to the immediate surroundings,
including existing and proposed structures, other signs, neighboring land uses
and the character of the zoning district; and
3. For multiple tenant buildings and multiple building complexes a
description of how the available sign area will be allocated between tenants or
leasable spaces.
B. Review Procedures. The Administrative Official shall review the
comprehensive design plan in accordance with the provisions of Chapter 15.10
and may either approve or disapprove the plan. The Administrative Official
shall approve the comprehensive design plan and /or adjustments in the
standards of this chapter when he finds that such approval would be consistent
with the character of the zoning district, compatible with neighboring land uses,
and create visual harmony between the sign, structure, and the site where it is
located. The Administrative Official may also attach conditions to this approval
in order to accomplish the objectives of this section and Section 15.10.030. 1
15.08.180 Variances.
Except as allowed by YMC 15.08.170, no reduction of the standards in this
chapter is allowed except pursuant to Chapter 15.21, Variances. •
15.08.190 Violations.
Failure to comply with the provisions of this chapter is a violation of this title
and punishable under the provisions of Chapter 15.25.
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Chapter 15.09
�I SPECIAL DEVELOPMENT STANDARDS
Sections:
15.09.010 Purpose.
�I 15.09.020 ,Special development standards for the overlay districts.
15.09.030 Common open space requirements.
f 15.09.040 Zero lot line development.
15.09.050 Performance standards — Emissions.
15.09.060 Special development standards for service stations and other
retail uses selling motor fuel.
15.09.070 Special requirements for animal husbandry.
15.09.080 Special requirements for bed and breakfast inns.
N 15.09.090 Special requirements for social card rooms.
15.09.100 Gated Private Street Developments
15.09.110 Reasonable Use Accommodation Process
111 15.09.020 Special development standards for the overlay districts.
A. Purpose. The overlays are established to coordinate the provisions
established in the zoning ordinance with more detailed policies and standards
adopted in other plans and ordinances. Specific overlays have been established
as follows:
Overlay District Districts or programs
Y p grams
Greenway Overlay Yakima River Regional Greenway Plan
ID Shoreline Master Program
Floodplain Overlay Shoreline Master Program
National Flood Insurance Program (flood
I8 hazard areas)
Overlays established separately in this title
I� Airport Safety Overlay
(see Chapter 15.30) Yakima Air Terminal at McAllister Field
Other public airport with defined
airspace per FAR Part 77
Institutional Overlay Large -scale institutional facilities with
(see Chapter 15.3 1) special locational needs
Master Planned Development Master Planned Development • -
II Overlay (see Chapter 15.28) (residential, commercial, industrial or
mixed -use development
B. Application. The provisions of this chapter shall apply when all or a
portion of a development, or modification thereto, is proposed within the
boundaries of an overlay.
C. Project Review in an Overlay. In order to assure the appropriate
standards are applied, all Class (1) uses in an overlay unless otherwise specified
shall be subject to Type (2) review (Chapter 15.14). All Class (2) uses shall be
subject to Type (2) review and Class (3) uses in an overlay district shall be
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subject to Type (3) review. A Administrative Official may condition or deny
approval of any use, development, or modification thereto, in an overlay based
on the provisions set forth and adopted by this section.
D. Special Development Standards in the Greenway Overlay. All
development in the greenway overlay shall conform to the requirements and 111
standards of the underlying zoning district and the policies and intent of the
Yakima River regional greenway plan.
E. Special Development Standards in the Floodplain Overlay. All
development in the floodplain overlay district shall conform to the
requirements and standards of the underlying zoning district, and the flood
damage prevention ordinance adopted by the county /city. Development within
shorelines jurisdiction or the floodplain shall also be consistent with the county
or city shorelines master program and/or the flood damage prevention
ordinance.
F. Coordination with the Shorelines Master Program. If a proposed Class
(2) or (3) use, nonconforming use expansion, or other modification is proposed
on property within the jurisdictional boundaries of the Yakima County
shoreline master program and is subject to permits thereof, then the proposed
change shall not be subject to the procedural requirements of this title, but shall
be subject to all applicable standards of this title. If a conflict exists between 1
the standards of the shoreline master program and this title, the more restrictive
provisions shall apply.
15.09.030 Common open space requirements.
•
The following provisions shall apply whenever common open space is
proposed by the developer, or when required by a Administrative Official
under Type (2) or (3) review as-a condition of approval:
I. Use. The common open space may be used for recreation; shoreline
access; landscaping; visual, noise or land use buffer; drainage control; or other
uses approved by the reviewing official during project review. Uses authorized
for the common open space shall be appropriate with the use, size and density
of the proposed development and the natural features of the site.
Common open space shall be improved for its intended use, but common
open space containing natural features may be left unimproved. All structures
and improvements permitted in the common open space must be appropriate
with the authorized use and natural features of the common open space.
Common open space may be used only for those uses specified in the
approved final site plan.
2. Location. The location, shape, size and character of the open space shall
be suitable for the type of project. Generally, common open space shall be
located:
a. Next to other open space areas;
b. So that it buffers the proposed development from neighboring
developments;
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c. To provide access to recreation facilities or link recreational facilities
with sidewalks or paths.
•
3. Retention and Maintenance. The final site plan shall include a provision
rd by firie prmaed
11 1maintenance app ove of the the rev common iewing of open cial space. assu Sng uch th ass nnt may be i retention n th a ne form of
restrictive covenants, dedication of open space to the public where such
dedication will be accepted by the legislative body, a homeowner's association,
ul or any other method approved by the Administrative Official. All legal
documents to carry out this requirement shall be approved by the jurisdictional
legal authority. The document shall contain a provision vesting the county /city
UI with the right to enforce the permanent retention and maintenance of the
q' common open space, and providing that, in the event that common open space
is permitted to deteriorate, or is not maintained in a condition consistent with
the approved plan and program, the county /city may at its option cause
necessary maintenance to be performed and assess the costs thereof to the
owners of the property within the project. A document shall also provide for
the collection of such costs by lien and /or direct civil action.
15.09.040 Zero lot line development.
A. Purpose. Zero lot line development for single - family dwellings may be
permitted in order to: promote efficient land use, permit a more energy efficient
arrangement of structures, protect environmentally sensitive areas, o provide
more usable private or community open space.
B. Review Required. Zero lot line development in subdivisions and short
subdivisions approved after the effective date of this ordinance may be
approved by Type (2) review. Zero lot line development may also be approved
on lots created before the effective date of this title by Type (3) review. A site
plan meeting the requirements of Section 15.11.040 or, as applicable, Section
15.11.050 shall be prepared for all zero lot line development
C. Development Standards. All zero lot line developments shall comply
with the standards of Table 5 -1, and 5 -2, the provisions of this title and the
following requirements; provided, that where the standards included herein
conflict with the standards established in other sections of this title, the
II • standards herein shall apply:
1. Dwelling Unit Setbacks:
a. Interior Side Yard Setback Standard. The dwelling unit may be placed
on one interior side property line (a zero setback). The setback standard from
the other side property line shall be ten feet. No structures except for patios,
pools, fences, walls and other similar elements are permitted within the
required setback area.
b. Rear Yard Setback Standard. The rear yard setback standard is ten feet.
c. Front and Streetside Setback Standards. Front and streetside setback
standards shall be those shown on Table 5 -1.
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2. Accessory Building Setback. Accessory buildings and structures shall
observe the setback requirements for the main dwelling unit.
3. Maximum Lot Coverage. The total lot coverage on a lot shall not exceed
the district requirements established in Table 5 -1.
4. Platting Requirements. Each dwelling shall be located on its own
individual platted lot. The plat shall show the zero lot lines and the related
easements.
5. Openings Prohibited on the Zero Lot Line Side. In order to maintain
privacy, there shall be no windows, doors, air conditioning units, or any other
type of openings in the wall along the zero lot line, except when such a wall
abuts permanent open spaces or a public or private right -of -way..
6. Maintenance and Drainage Easements. A perpetual maintenance, eave
overhang, and drainage easement at least five feet wide shall be provided on
the lot adjacent to the zero lot line property line, which, with the exception of
walls and /or fences, shall be kept clear of structures. This easement shall be
shown on the plat and incorporated into each deed transferring title on the
property. The wall shall be maintained in its original color and treatment unless
otherwise agreed to in writing by the two affected lot owners. Eaves, but no
other part of any structure, may protrude across a side lot line, and such
protrusion shall not exceed 18 ". Water runoff from the dwelling placed on the
lot is limited to the easement area.
7. Common Open Space and Maintenance Facilities. Any common open
space provided shall comply with the provisions of Section 15.09.030. 1
15.09.050 Performance standards — Emissions.
A. Purpose and Application. The purpose of this section is to provide O
guidelines and general standards governing emissions and miscellaneous items
covered herein for use in evaluating the impact of proposed developments and
uses, or changes or alterations thereto, being considered under the terms of this
title. A reviewing official, including those engaged in Type (1) review or
administrative modification review may impose reasonable conditions, or in O
appropriate instances deny proposed developments based on the standards and
guidelines set forth in this section in order to assure that permitted uses do not
generate gases, fumes, heat, glare, vibrations, or store solid waste in a manner
inconsistent with the intent of the district and /or incompatible with surrounding
uses.
B. Gases, Fumes and Vapors. The emission of any gases, fumes or vapors
dangerous to human health, animal life, vegetation or property, are prohibited.
C. Heat. No use shall produce heat significantly perceptible beyond its lot
lines. •
D. Glare. No use shall produce a strong dazzling light, or a reflection of a
strong dazzling light, beyond its lot lines.
E. Vibrations. No use shall cause vibrations or concussions detectible
beyond its lot lines without the aid of instruments, with the exception of
vibration resulting from construction activity.
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F. Storage and Waste Disposal. All materials and waste which might cause
fumes or dust constitute a fire hazard, produce offensive odors, or which may
be edible or otherwise attractive to rodents or insects shall be stored in closed
containers and in a manner to eliminate or prevent such hazards.
0 15.09.060 Special development standards for service stations and other
retail uses selling motor fuel.
o A. Purpose. The purpose of this section is to establish special site design
standards for new service stations and other retail uses supplying motor fuel.
These standards are intended to assure that these uses are compatible with
adjoining residential districts and the character of the district in which they are
located.
B. Fifty -foot Setback from Residential Districts Required. Each pump
island shall be setback at least 50 feet from the zoning district boundary of all
adjoining residential districts. Other permitted structures shall comply with the
setback provisions established in Table 5 -1.
1 C. Storage and Display of Vehicles Prohibited. No area of any service
station or other retail use selling gasoline shall be used for the storage, display,
and sale or leasing of any new or used vehicle.
15.09.070 Special requirements for animal husbandry.
ID 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 in which they are
located.
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 Section 15.09.050.
D. Minimum Setback. No portion of any structure used to house a
domesticated farm animal shall be within one hundred feet of any residence
other than the dwelling on the same lot.
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.
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15.09.080 Special requirements for bed and breakfast inns.
Bed and breakfast inns shall meet all applicable health, fire, safety and
building codes. Any reception,hall or meeting room shall be restricted to serve
no more than the total number of tenants, unless otherwise specifically
authorized. In addition, bed and breakfast inns shall be subject to the following
1
requirements, except in those zoning districts in which motels and hotels are
Class 1, 2 or 3 uses:
A. Home occupation bed and breakfast inns shall be operated so as not to 0
give the appearance of being a business and the inn shall not infringe upon the
rights of neighboring residents to peaceful occupancy of their homes. Minimal
outward modifications of the structure or grounds may be made only if such
changes are compatible with the character of the neighborhood. •
B. Meals shall only be served to guests, even if required to be licensed as a
restaurant under state regulations, except as otherwise permitted in this title.
C. The number of guest rooms shall not be increased through any exterior
modifications or additions to the home occupation bed and breakfast.
D. The front yard area shall not be used for off - street parking for bed and
breakfast guests unless the parking area is screened and found to be compatible
with the neighborhood or unless waived by the reviewing official.
E. One nonilluminated or externally illuminated sign not exceeding the
maximum size allowed within the zoning district in which located, and bearing
only the name of the inn and /or operator shall be permitted.
F. The Administrative Official may authorize use of the bed and breakfast
inn for receptions, group meetings and special gatherings based upon the size
of the inn, availability of adequate off - street parking spaces, public health
considerations and compatibility with the surrounding neighborhood.
G. The number of lodging or guest rooms in home occupations shall be no
more than five.
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15.09.090 Special requirements for social card rooms.
No social card room shall be permitted within five hundred feet of any public
school, private school (meeting the requirements for private schools under Title
28A RCW), church or park, as measured according to RCW 66.24.010(9) or as
the same may be hereafter amended. '
15.09.100. Private Street Review Requirements.
1. Private roads -- General requirements. Private streets serving three lots,
housing units or more may be approved as an element of a Master Planned
Development Overlay (15.28), a Mobile Home/ Manufactured Park
(15.09.500), a Condominium or within a Binding Site Plan in conformance
with Subdivision requirements.
a. Any private road that is located in a private street subdivision shall be 1
constructed to the minimum standard of the appropriate jurisdiction
and shall be permanently retained and maintained as a private road.
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b. Private roads are the responsibility of the land owners to construct and
U maintain in accordance with the requirements of this chapter and shall
be specified in a home-owner's association, development agreement or
other
c. Names for private roads shall be approved by the Planning
Departments of the City or County of Yakima.
'I d. Private roadway signs with street name designations shall be provided
by and maintained by the developer or home - owner's association and
shall be located at the intersections of private roads. Such signs shall
meet the specifications set forth by the respective governing body.
e. A gate may be installed at the entrance to a private street, providing
there is a minimum of 50 feet between the public street and the gate
and the width of each travel aisle is 24 feet.
f. A private gated access fence shall not obstruct emergency, public
II service and utility vehicles and have an emergency access device so
access can be gained.
g. Private roads and the entire easement or right -of- way width shall be
open and available for use by emergency, public service and utility
vehicles.
lI h. The face of any plat, short plat Master Development Plan, Binding site
plan or condominium document containing a private road, and all
II subsequent documents transferring ownership of lots within such plat
or short plat, shall bear the following language: "The City of Yakima
has no responsibility to build, improve, maintain or otherwise service
II any private road for this plat /short plat. Any right -of -way dedicated to
the public by this plat/short plat shall not be opened as a City (or
County) street until such time as it is improved to city (or County)
II street standards and accepted as part of the City (or County)
transportation system."
i. The placement of utilities shall be coordinated as much as possible
with the placement of private roads and public rights -of -way.
j. Utility easements having a minimum width of eight feet shall serve
each interior lot. Utility easements shall be located outside private
access easements and dedicated road rights -of -way unless approved
otherwise by the City /County Engineer.
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15.09.110 Reasonable Accommodations Process.
1. Purpose. O
2. Reasonable accommodations.
3. Waiver of building code requirements.
4. Accommodations personal to the applicant.
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5. Appeal.
1. Purpose.
This chapter has been enacted to authorize the community services director or
his designee to waive or vary provisions of the Yakima Municipal Code
(YMC) when necessary to reasonably accommodate the statutory rights of the
disabled under the Americans with Disabilities Act (ADA), the Fair Housing
Act (FHA) or the Washington Law Against Discrimination (WLAD). This
process shall be interpreted and administered in order to ensure the full
exercise and enjoyment of a disabled person's right to the residential housing
of his or her choosing. The provisions of this chapter shall apply to commercial
and may apply to some residential activities or zones; provided, however, that
nothing herein shall be interpreted to limit the exercise of a disabled person's
rights by or through a residential care provider. In the event of any conflict or
if an interpretation of this chapter is required, it shall be implemented and
interpreted in accordance with the provisions of the Americans With
Disabilities Act, the Fair Housing Act and the Washington Law Against
Discrimination. 11
2. Reasonable accommodations. 1
A. Upon the application of a disabled person or individual or entity providing
services to the disabled in a residential facility or other group living
arrangement, the community services director or his designee is hereby
authorized to vary, modify, or waive the provisions of the Yakima
Municipal Code, including the provisions of YMC Titles 10, 11 and 15, in
order to provide a reasonable accommodation as necessary to provide to a
disabled person's or care provider to the disable's full enjoyment of a
residence.
B. The city's duty to accommodate is an affirmative one, and the director of
community & economic development department is thereby authorized to
provide accommodations in a thoughtful and proactive manner.
C. The following review may, at the discretion of the director of community &
economic development department, include citizen input . into the
administrative process. The director of community & economic
development department shall provide written notice of the accommodation
to the applicant and property owners within five hundred feet of the subject
site.
D. When applying this reasonable accommodation process to the Yakima
Municipal Code, including the State Building Code and other codes adopted
pursuant to . YMC, the staff shall avoid the stereotypical assumptions '
138 '
regarding the disabled and shall attempt to ascertain the actual physical
g g P P Y
and /or mental limitation of the disabled individual in order to craft an
I' accommodation which best suits the exercise of that individual's rights.
II 3. Waiver of building code requirements.
No reasonable accommodation shall be provided . by a waiver or variance of the
I� provisions of the codes adopted pursuant to YMC Titles 10, 11 and 15, which
does not substantially accomplish the purposes of those Titles or which would
reduce the fire safety of any structure. Modifications, waivers or variances of
I� the provisions of International Building Code, International Fire Code and the
other codes adopted pursuant to YMC .Titles 10 and 11 shall provide at least the
same level of safety required by the respective state code. The applicant shall
have the burden of establishing that the proposed modification, waiver or
variance accomplishes substantially the same purpose without reduction of fire
safety.
4. Accommodations personal to the applicant.
The accommodation provided shall be personal to the applicant and shall not
run with the land; provided, however, that a change in a residential structure
necessary to accommodate the operation of a residential care provider to. the
I� disabled may be continued by future operations of similar facilities at the site
who establish the same use within six months of the date the prior use by
ID disabled person or residential care provider ceases. The director of community
& economic development department may therefore direct that any physical
change in the structure which would otherwise be illegal under the use or bulk
requirements of the Title 15, Yakima Urban Area Zoning Ordinance be brought
II into compliance six months, after the date of sale or transfer of a residential
structure to a person or entity not qualifying for the protections of the ADA,
FHA and WLAD.
5. Appeal.
There shall be no appeal from the decision of the community services director
within the city. Interested persons, that are persons located within five hundred
feet of the building site, may appeal the reasonable accommodation by filing a
petition for review with Yakima County Superior Court within ten days of the
date of mailing of the written notice of decision. -
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Chapter 15.10
CONDITIONS OF APPROVAL
ADMINISTRATIVE ADJUSTMENT OF STANDARDS
Sections:
15.10.010 Purpose
15.10.020 Administrative Adjustment of Development Standards
Authorized
15.10.030 Special Conditions of Approval Authorized
15.10.040 Authority to impose special conditions limited in Type 11
(1) review and administrative modification review.
15.10.10 Purpose
11
The purpose of this chapter is to specify and outline the authority of the
Administrative Official to impose special conditions of approval on any permit
or approval issued under the provisions of this title and to establish the
authority of the Administrative Official to administratively adjust some of the
development standards set forth in Sections 15.05.080 and Chapters 15.05
through 15.08 of this title.
11
15.10.020 Administrative Adjustment of Some Development Standards
Authorized
The purpose of this section is to provide flexibility by allowing certain
development standards in Chapters 15.05 through 15.08 to be administratively
adjusted. A particular standard may be reduced or modified so long as the a
Administrative Official determines that the adjustment and /or reduction is
consistent with the purpose of this title, the intent and purpose of the standards,
and will accomplish one or more of the following objectives: 1
1. Allow buildings to be sited in a manner, which maximizes solar access;
2. Allow zero lot line or common wall construction in conformance with
the provisions of this title; -
3. Coordinate development with adjacent land uses and the physical
features of this title;
4. Permit flexibility in the design and placement of structures and other
site improvements;
5. Allow development consistent with a specific sub -area plan adopted by
the appropriate jurisdiction.
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1
Administrative adjustments of development standards shall be processed under
the provisions for modifications as contained in Section 15.17.050 of this title
. for Class (1) and Class (2) uses, except for development within or adjacent to
residential zoning districts; and under Type (3) review for Class (3) uses. Type
(3) review is required to balance this flexibility and general welfare of
individual neighborhoods and the community.
The Administrative Official shall not have the authority to reduce the site
design requirements for minimum lot size, building height, subdivision
requirements set forth in Section 15.05.030 and Table 5 -2, or 15.05.070
Specific Development Standards & Required Conditions.
I�
15.10.030 Special Conditions of Approval Authorized
A.. The development standards and other conditions for approval specified in
this title, are not a limitation on the authority of a reviewing official to impose
additional or greater requirements as conditions of approval on any use,
development or modification being reviewed. Except as otherwise expressly
• provided, any reviewing official may impose conditions to:
1. Accomplish the objective and intent of any development standard or
criteria for approval set forth in this title;
Ip 2. Mitigate any identified specific or general negative impacts of the
development, whether environmental or otherwise;
3. Insure compatibility of the development with existing neighboring land
I� uses;
4. Assure consistency with the intent and character of the zoning district
involved;
5. Achieve and further the expressed intent, goals, objectives, and policies
of the Yakima Urban Area Comprehensive Plan and this title.
13. It is the intent of this title to grant broad authority to impose special
conditions to achieve and further the objectives listed above. Such authority
shall extend, but not be limited, to the following:
1. Increasing the minimum development standards of this title;
2. Limiting and controlling the dimensions, number, shape, and location of
structures, including fences, signs, and buildings;
3. Regulating the number and location of vehicular access points;
4. Requiring the dedication of additional rights -of -way for public streets;
IU 5. Requiring the dedication of public use easements and the recording of
IU the same;
6. Regulating the design, manner and timing of construction of any site
improvements;
7. Regulating the hours of operation of any commercial or industrial use;
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8. Providing for the maintenance or retention of any regulated site
111
improvement;
9. Requiring and designating the location and size of open space;
10. Reclamation of any site after discontinuance of use or expiration or
revocation of a permit.
15.10.040 Authority to Impose Special Conditions Limited in Type (1)
Review and Administrative Modification Review.
Unless specifically granted in some other provision of this title, the authority of
the Administrative Official to impose special conditions of approval during a
Type (1) review or an administrative modification (Chapter 15.17) is limited to
those which are reasonable and • necessary to accomplish the objective and
intent of any expressed development standard, or criteria of approval, in this
title. This provision shall not prevent the Administrative Official from denying
or conditioning approval of any permit under this title based on the application
of: (1) The State Environmental Policy Act (SEPA); or,(2) Traffic Engineering
standards and policies established by the appropriate jurisdiction to protect the
function and satisfactory level of service of arterial and collector streets.
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Chapter 15.11
GENERAL APPLICATION REQUIREMENTS
ll Sections:
15.11.010 Purpose
ll 15.11 020 Application requirements
15.11.030 Table of application requirements
15.11.040 General site plan form and contents
III 15.11 050 Detailed site plan form and contents
15.11 060 Preapplication conference
15.11 070 Filing an application
II 15.11 080 Processing applications
15.11 090 Notice requirements
15.11.100 Fee schedule and administration
III 15.11.110 Master applications
15.11.010 Purpose.
11 The purpose of this chapter is to specify the general procedures to be followed
when processing applications. Additional procedures for particular types of
development review are contained in specific sections of this title.
1 •
15.11.020 Application Requirements.
11 All applications shall comply with the following requirements:
1. Applications shall be in writing on forms provided by the
1 Department, or, for Class (1) uses, by the Administrative Official;
2. Applications shall include the information required by Table 11 -1,
I "Application Requirements." For Type (1), (2), or (3) review for
developed sites where there is limited proposed change, the
applSect h il an in w
I ion ication 15.11.040; sall nclude provided a d the As Administrative Official at his ith
discretion may require additional information to clarify the
application or determine compliance with the provisions of this title.
I For Type (3) review, the application shall include a detailed site plan
in conformance with Section 15.11.050;
3. All applications, including a Type (1) review, shall be signed by the
1 property owner or his agent authorized in writing to do so;
4. Applications shall be accompanied by the appropriate fee as
1 established in by ordinance;
5. An application is not complete unless it includes all required
information, attachments and fees. No application shall be
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considered officially
fficially filed until accepted as complete by the
Department; and
6. Applications for Type (2) and (3) review shall include a minimum
eleven inch by seventeen inch reproducible copy of the site plan. If
the original site plan is larger than eleven inches by seventeen 1
inches, a minimum of ten additional copies and an eleven inch by
seventeen inch copy of the site plan shall be required. In the event
of expanded review, additional copies may be required at the
applicant's expense. Site plans shall be developed in accordance
with Sections 15.11.040 or 15.11.050, as applicable.
15.11.030 Table of Application Requirements.
Table 11 -1, "Application Requirements" lists the general information required
for each type of application and is included as a part of this section. Individual
chapters of this title may contain additional information required for a
particular type of application.
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III TABLE 11 -1 APPLICATION REQUIREMENTS
11 Permit Application for
II R = Required with a
Application c
1-1 el en a M = May be .. eQ o t.; o
Required a c . a . 0.. . o 6 o SI
E. E E d A z x
11 Name, Address,
Phone Number R R R R R R R R
I Signature of
property owner R R R R R R R R
Signature of
Applicant R R R R R R R R
Yakima County
Taxation Parcel No.
1 & Legal R R R R R R R R
Description
Description of
11 Proposed Action R R R R R R R R
Size of Subject
Property R R R M M R R
I SEPA Checklist
(when required) . M M M M M R
I Application Fee R R R R R R R R
General Site Plan
(15.11.040) R R R
Detailed Site Plan R R M R R
Explanation of any
I adjustment sought
from the standards M. M M M R R R R
of this ordinance
I Draft of any
proposed
covenants,
I restrictions and M R
easements
Citation of the
I action being
appealed R
(15.16.030)
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15.11.040 General Site Plan Form and Contents
A. General Site Plan Form. All n site plans drawn to scale and
ge eral s t p s shall bed a
be legibly drawn, prepared, or printed on paper. Unless otherwise requested or
authorized by the Administrative Official, the paper size for Type (1) review
shall be eight and one -half inches by eleven inches and, for Type (2) review,
eleven inches by seventeen inches. The scale of the drawing shall be a standard
1111 engineering scale and shall reasonably utilize the paper size.
B. General Site Plan Contents. The general site plan shall include the legal 11
description of the land; north arrow and scale of drawing; name of applicant
and project name; actual dimensions and shape of the lot to be built upon; the
sizes and location of existing structures on the lot to the nearest foot; the
location and dimensions of proposed structures and uses; the size and location
of utilities, parking circulation plan, proposed landscaping and sitescreening;
and. the location of ingress and egress. The site plan shall also include any
other information required by the Department or Administrative Official to
clarify the proposal, assess its impacts, or determine compliance with this title.
15.11.050 Detailed Site Plan Form and Contents.
A. Detailed Site Plan Form. All detailed site plans shall be drawn to scale and
be legibly drawn, prepared, or printed on paper. Unless otherwise requested or
authorized by the Department, the paper size shall be eleven inches by
seventeen inches or larger. The scale of the drawing shall be a standard
engineering scale and shall reasonably utilize the paper size. Where necessary, ,
the plan may be on several sheets accompanied by an index sheet showing the
entire site. i
B. Detailed Site. Plan Contents. The detailed site plan shall show the following
1 where applicable:
1. The boundaries of the site;
2. Names and dimensions of all existing streets bounding or touching the
site;
3. The location, shape, size, height and types of all existing and proposed
structures and the boundary lines of all proposed and existing lots,
tracts, and easements;
4. Proposed location and dimension of "common open space ";
5. Existing and proposed utilities, streets, access easements, and
dedication of property;
6. Location, dimension, and design of off - street parking facilities, showing
points of ingress to and egress from the site;
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II
7. All major physiographic features, such as railroads, drainage canals and
shorelines, on or abutting the site;
8. Existing topographic contours at intervals of not more than five feet,
together with proposed grading and drainage plans;
'I 9. Proposed land uses and densities;
10. Pedestrian and vehicular circulation pattern;
11. Existing and proposed landscaping and sitescreening;
12. Existing sewer lines, water mains, and other underground facilities
within and adjacent to the development;
13. Proposed sewer or other waste disposal facilities, water mains and other
underground utilities;
14. The location of structures on the adjoining lots;
15. A comprehensive sign plan meeting the requirements of Section
15.08.170(1);
16. Analysis of soil and geological conditions; and,
D 17. Any other information specified by the Administrative Official, such as:
a. Proposed ownership pattern
b. Operation and. maintenance proposals (i.e. homeowner's association,
condominium, co -op or other)
c. Solid waste disposal facilities
d. Lighting
e. Water supply
f. Public transportation
g. Community facilities
h. General timetable of development
i. Flood proofing or other measures to protect against flooding
j. Information on design methods to conserve energy
A detailed site plan for development in the Floodplain Overlay shall also
include the following information:
a. Elevation in relation to the one-hundred-year flood level of the lowest
floor (including basement) of all structures;
b. Elevation in relation to mean sea level of any structure that has been
flood proofed;
c. Certification by a registered professional engineer or architect that
established flood proofing standards have been met; and
d. Description of the extent to which any watercourse will be altered or
,relocated as a result of the proposed development.
15.11.060 - Preapplication Conference
1 Prior to submitting an application, the applicant may arrange a conference with
the Department to review the proposed action, to become familiar with the
policies, plans and development requirements of the Yakima Urban Growth
147
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Area and to coordinate all necessary permits and procedures. However, pre -
application conferences are mandatory for all Institutional Overlay and Master
Planned Development applications. Any information or opinions expressed by
the Department staff shall not be binding on the Administrative Official or
constitute approval of the project.
15.11.070 Filing an Application
All applications for permits, rezones, interpretations, or other approvals or 111
action required or authorized under this title shall be filed with the Department
except that applications for Class (1) uses, or modifications to approved Class
(1) uses, shall be made directly to the Administrative Official. Any required 1111
site plans shall accompany the application.
15.11.080 Processing Applications 11
Upon receipt of an application or upon referral of an application by the
Administrative Official, the Department shall proceed as follows: 1
1. The application shall be reviewed for completeness. If additional
information is required, the application shall be referred back to the
applicant. If accepted as complete, the Department shall begin
processing the application in accordance with this chapter;
2. If more than one permit, approval, or action under this title is required,
the Department shall refer the application back to the applicant for
consideration of a master application under Section 15.11.110 or
withdrawal of the application. If no response is received within seven
days, the Department shall determine the order of processing and
forward the application to the appropriate Administrative Official;
3. A complete application shall be reviewed by the Department and if
State Environmental Policy Act (SEPA) review is required referred to
the designated. SEPA responsible official for review under the
provisions of WAC 197 -11. No action, approval or permit shall be
issued on the proposal until SEPA review is complete;
4. Upon completion of SEPA review, the Department shall forward the
application, related SEPA documents, if any, and a written report on the
• proposal, if any, to the appropriate Administrative Official;
5. The Department shall have a maximum of seven days to review the
completed application and refer it to the appropriate Administrative
Official, excluding any time spent in SEPA review;
6. The department shall be responsible for assigning a date and assuring
due notice of public hearing for each application requiring review by
the Hearing Examiner. The date and notice shall conform to the statute
or ordinance governing the application;
7. Upon final action and decision, the Administrative Official or
legislative body shall transmit its findings and decision to the
Department; and
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8. If the decision of the Administrative or legislative f
s Official o bod y i s for
approval, and if all other permits, approvals, or actions required under
this title have been secured, the Department shall issue a Certificate of
Zoning Review. This Certificate of Zoning Review shall be sent to the
Department as authority for issuance of an actual development permit.
The Certificate of Zoning Review . is official indication of compliance
with this title only and shall not relieve any person from requirements
of other laws or ordinances; nor shall it authorize the Department to
issue a development permit without compliance with other duties or
review required by Administrative Official by law.
15.11.090 Notice Requirements
A. Table 11 -2— Notice Requirements. Applications for permits, approvals, or
action listed in Table 11 -2, Notice Requirements, shall be decided after
compliance with the notice requirements set forth therein. Table 11-2 may
require more than one type of notice for some applications. Other notice
requirements are contained in the provisions of this title dealing with particular
types of permits, approvals, or other actions and shall also be followed. In case
of conflict between other provisions in this title and Table 11 -2, the most
lengthy and greater notice requirement shall apply. If no notice is required in
either Table 11 -2 or the written provisions of this title, none shall be provided.
B. Responsibility for Notice. The Department shall provide all notice
requiring first -class mailing or legal publication. When required, the applicant
shall post the property in accordance with section 15.11.090(C).
al C. Posting Notice. When required, the applicant shall post the subject
property with signs provided by the Department. Signs shall be posted on the
111 subject property so as to be clearly seen from each right -of -way providing
primary vehicular access to the subject property. The time of posting shall
comply with the provisions of Table 11 -2.
D. Mailing Notice. For purposes of providing legal notice to adjoining
property owners, the person or persons shown as the owner on the official
records of the Yakima County assessor's office shall be considered the property
owners.
15.11.100 Fee Schedule and Administration
The legislative bodies hereby adopt and maintain a current schedule of fees and
charges for actions pertaining to this title.
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No application, permit, or appeal shall be accepted, processed, approved, or
issued unless and until the applicable fees and charges have been paid in full. 1
TABLE 11 -2 — .NOTICE REQUIREMENTS
APPLICATIONS FOR ... 1
> o va
NOTICE REQUIREMENTS E 'F4 Q. 1 1
a o o
as < M-5 t ' E r
U U U QQ 1
Mailed After Preliminary
Decision for Approval by X
Administration Official
cr
a)
a!
F Mailing /Publication/Posting
at Least Twelve Days Prior X X X X
to Public Hearing C Q Q
To Parties of Record d X X X a X a X
vl r
U s To Property Owners Within H H H
cm
500 feet of the Application Z X X O X Z X
Parcel
i
U U U
O O O
One Legal Notice in Z X Z X Z X 1
' Official Newspaper
i
In Compliance With
o
Chapter 15.11.090(3) and X X 1
P. this Table
(1) Includes: Class (1) uses; development permits; temporary use
permits; some home occupations.
(2) Includes: Class (1) uses; Class (2) uses; Permits for temporary
hardship units; some home occupations; some modifications 111
to Class (1) and (2) uses.
(3) Includes: Some Class (2) uses; Class (3) uses; changes from
nonconforming use to another; some modifications to Class II
(2) and Class (3) development, including administrative
adjustment of development standards for Class (3) uses.
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15.11.110 Master Applications
A. Process. Any person proposing a land use project which would require
1 more than one of the permits or approvals listed in Table 11 -1 may submit a
master application on form(s) provided by the Department.
The master application shall be processed subject to the highest type of review
applicable to any of the required permits or approvals, Type (3) review being
higher than Type (2), and Type (2) review being higher than Type (1). For
purposes of this section, the Administrative Official's decisions shall have the •
following effect:
1. If any of the required approvals constitute a recommendation to
O the legislative body, the decision of the Administrative Official
as to all such permits or approvals shall . constitute a
recommendation to the legislative body;
2. Otherwise, the decision of the Administrative Official shall be
final subject to appeal pursuant to Chapter 15.16.
B. Fees. When two or more zoning applications for the same project are
processed as a master application, only the highest fee among the applications
submitted shall be charged.
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Chapter 15.12
PERMITS 1
11
Sections:
15.12.010 Purpose
15..12.020 Required permits
15.12.030 Compliance with development permit and certificate of
zoning review required
15.12.040 Official index of approvals to be maintained as public
record
15.12.050 Final site plans
15.12.060 Expiration and cancellation of development permits and
certificates of zoning review
15.12.070 Certificates of occupancy required at discretion of
reviewing official
15.12.080 Performance assurance 1
15.12.010 Purpose
The purpose of this chapter is to specify the general requirements for permits
under this title and to specify certain administrative provisions concerning
permits issued under this title. (Ord. 2947 §1 (part), 1986)
15.12.020 Required Permits
A. Development Permit. Except as provided in subsection (C) of this section,
no use,
development, or modification to use or development, as those terms are
defined by this title, may be established, placed, performed, constructed,
made or implemented, in whole or in part, without the issuance of a
development permit by the Administrative Official. When a building permit
is required, the building permit shall serve as the development permit.
B. Certificate of Zoning Review. No development permit may be issued
without the prior issuance of a Certificate of Zoning Review by the
Department for the proposed development or modification to development
indicating that the proposal has been through the review procedures of this
ordinance and conforms to its requirements. Provided, that proposals for
new Class (1) uses and modifications to approved Class (1) uses which are
reviewable under Type (1) review only (Chapter 15.13) do not require a
separate certificate of zoning review and may be approved directly by the
Administrative Official. The certificate of zoning review issued by the
152
Department shall include by reference, or otherwise, any terms and
conditions of approval for the project together with any approved final site
plan.
I' C. Exemptions. The following development and modifications to development
are exempt from the review and permit provisions of this title. Provided,
they do not involve a required site improvement:
1. Normal structural repair and maintenance;
2. Changes to conforming structures which do not involve structural
a alterations as that term is defined by this title;
3. Rehabilitation of dwelling units when such rehabilitation does not
expand the number of dwelling units nor physically expand the
U structure;
4. Accessory structures otherwise meeting the specific development
standards and requirements of this title and which do not require a
building permit under the provisions of the Building Code as
adopted by the appropriate jurisdiction;
5. Exempt signs;
1111 6. Yard sales meeting the requirements in Section 15.04.060A;
7. Alteration to land, including grading and leveling, paving
stockpiling, and excavation, the fair market value of which does not
a exceed five hundred dollars;
8. All construction of private or public roads, construction of sewer,
•
electric, and water utilities pursuant to an approved and valid short
or long subdivision regulating such improvements.
D. Development Permit -- Issuance in Conjunction with Another Permit. If the
Administrative Official is designated and /or authorized to review and issue
a permit under the provisions of any other city code or ordinance applicable
to the development, he /she may require issuance of the development permit
under this title to be issued only in conjunction with said other permit.
15.12.030 Compliance with Development Permit and Certificate of Zoning
I' Review Required.
11 A. Development Permit Compliance Required. Development permits issued on
the basis of plans, applications and conditions of approval imposed by the
Administrative Official, and /or on the basis of a Certificate of Zoning
Review, authorize only the use, arrangement, and construction set forth in
• the approved . plans, application, and Certificate of Zoning Review together
with any associated conditions of approval and the final site plan. Any use,
arrangement, or construction which is inconsistent with that authorized is in
violation of this title and is punishable as provided in Chapter 15.25.
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13. Site Plan Compliance Required. Whenever any detailed or general site plan
is required by operation of this title and is part of any approval of
development or modification of development, the final site plan shall be
binding on all existing or subsequent owners and occupiers of the property.
The owner and /or occupier of any property, development, or structure,
which is the subject of a final detailed or general site plan, shall be required
to maintain the property and development in full compliance with the terms
and conditions of the approved final site plan and any associated terms and
conditions of approval for the development. Failure to do so shall
constitute a violation of this title and is punishable as provided in Chapter
15.25. 11
C. Site Inspection by the Building Official Authorized. The Building Official is
authorized to perform interim and final inspections of all development and
modifications to development to assure that it has been established and /or
constructed in conformance with the final site plan and associated terms
and conditions of approval. The Building Official may coordinate such
inspections with the inspections required by other applicable codes or
ordinances. When the development, as built, conforms to the final site
plan, the Building Official shall so certify on the face of the site plan on file
with the appropriate jurisdiction.
15.12.040 Official Index for Approvals to be Maintained as Public Record. 1
A. For Type (2) and (3) Approvals. The Department shall maintain an official
index of all approved and currently applicable certificates of zoning review
and development permits requiring review and approval by the
Administrative Official and /or Hearing Examiner. The official index shall
include the application, a copy of the Certificate of Zoning Review and
development permit, together with their associated site plans and the terms
and conditions of approval. Such index shall constitute an official record
and shall be open for public inspection and copying in accordance with the
other provisions of law. Such index shall be kept by parcel number so the
current applicable provisions of any specific approval issued under this
ordinance for such property are available for public inspection and review.
Such index may consist of original or certified duplicates of original
documents.
The Department and Administrative Official shall immediately upon
issuance of a Certificate of Zoning Review and development permit place
the original or certified duplicate in the official index, noting the date and
time of filing of the document in the index. The official index required by
this section shall constitute authority as to the current applicable limitations
and requirements pertaining to specific approvals issued under this title and
shall constitute constructive notice to third parties of the existence and
terms of said approval. The Department shall be the official custodian of
said index and is authorized to issue certified copies. Any unauthorized
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change of any kind by any person to the documents or records in the
official index required by 'this section shall constitute a violation of this
ordinance and be punishable as provided under Chapter 15.25. •
B. For Type (1) Approvals. The Administrative Official shall maintain an
official public record of development permits issued under Type (1) review
in the same manner and with the same effects as set out in section
15.12.040(A). (Ord. 2947 §1 (part), ,1986)
15.12.050 - Final Site Plans. •
111 A. Final Site Plan Required. Prior to issuance of a Certificate of Zoning
Review, the applicant shall provide to the Department a final site plan. The
final site plan shall include the items shown on the original site plan and the
additions and modifications required by the Administrative Official.
B. Final Site Plans —Form and Content. All final site plans shall be drawn to
scale and be legibly drawn, prepared, or printed by a process guaranteeing a
permanent record in black on paper, or equivalent material as required by
the Department. Unless the Department requests or authorizes a different
0 size or scale, the size and scale of the final site plan shall conform to the
requirements of Sections 15.11.040 or 15.11.050 as applicable. Where
necessary, the final site plan may be on several sheets accompanied by an
index sheet showing the entire site plan.
15.12.060 - Expiration and Cancellation of Development Permits and
Certificates of Zoning Review.
A. Certificate of Zoning Review — Expiration. A Certificate of Zoning Review
(' shall automatically expire and terminate when:
1. A new or modified Certificate of Zoning Review has been issued for the
I' same parcel or parcels; or
2. A development permit based on the Certificate of Zoning Review has
not been issued within one year from the date of issuance of the
I' certificate; or a time period of not less than one year specified by the
Administrative Official.
3. The development permit issued on said certificate expires, terminates, or
is cancelled under the provisions of this title.
The Department shall take steps to cancel any expired certificate of zoning
review and note such expiration or cancellation in the official index of
approvals. The Department shall mail written notice of cancellation to the
last known address of the applicant and to the owner of record as shown in
the Yakima County assessor's parcel index. Failure to provide such notice
" shall not affect the termination or expiration of the certificate.
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B. Development Permit and Building Permit Expiration. A development
permit shall
automatically expire and be terminated when:
1. A new or modified development permit is issued for the parcel or 11
parcels affected; or,
2. The work or action authorized in the development permit has not begun
within one hundred eighty days from the date of issuance thereof,
unless a longer time is specified in the approval itself; or
3. The work or action authorized in the development permit has not been
completed within two years from the date of issuance thereof, unless a
longer time is specified in the approval itself.
Provided, that prior to termination and expiration of a development 11
permit under subdivisions 2 and 3 of this subsection, the Administrative
Official shall give written notice to the applicant at his last known
address, and to the owner of record as shown on the Yakima County
assessor's parcel index file that the development permit is about to
expire. Such notice shall be made by mail at least forty -five days prior
to the scheduled date of cancellation and shall describe the action
necessary to avoid termination or expiration. Should the development
permit expire, the Administrative Official shall take administrative
action to reflect cancellation of the permit in the official records of the
Department. The Department shall send a written permit expiration
notice by mail to the permit applicant and the owner of record as shown
in the Yakima County assessor's parcel index, together with a notice
that further work or action shall not proceed.
0
C. Extension of any Approved Development Permit and /or Certificate of
Zoning Review
A valid Certificate of Zoning Review and /or a valid development permit
may be extended one time only for up to one additional year by action of
the Administrative Official. Requests for extensions shall be in writing to
the Department and shall be accompanied by the previously approved final
general or detailed site plan showing the location and size of any
development or work already completed on the project.
1
The Administrative Official shall review the application without public
notice or hearing and issue the decision within ten working days from the
receipt of the completed application. The Administrative Official may:
(a) Approve the extension,(b) Approve the extension with conditions to
assure the work will be timely completed, or;(c) Disapprove the extension.
110
An extension shall be issued for good cause only and the burden of showing
cause shall be upon the applicant. The Administrative Official shall mail
156
his decision to the applicant pp and shall specify his decision as final unless
I' appealed under the provisions of Chapter 15.16.
•
15.12.070 Certificates of Occupancy Required at Discretion of
Administrative Official
A. Purpose. The purpose of this section is to provide a means to assure that the
terms and conditions of approval imposed after review of development
under this title are actually and properly complied with and implemented in
a timely fashion, all in furtherance of the goals and policies of this title, the
Yakima Urban Area Comprehensive Plan, and the public welfare and
interest.
B. Certificate of Occupancy May be Required. There is a condition of
a approval for the issuance of any development permit or Certificate of
Zoning Review, or any other permit or approval under this title, the
Administrative Official and Department when engaged in administrative
modification review under Chapter 15.17, may require or specify that the
approved use or occupancy of the structure or land may not occur without
the issuance of a certificate of occupancy issued by the Administrative
0 Official certifying that all required site improvements have been fully and
properly constructed and that all the terms and conditions of approval have
0 been met. Where such condition is imposed by the Administrative Official
any use or occupancy of the property or structures, in whole or in part,
without the issuance of a Certificate of Occupancy, is a violation of this
U ordinance and is punishable under the provisions of Chapter 15.25.
. Procedures. The Administrative Official may perform interim and final
inspection of the development at his own initiative, but shall do so within
five days of any request made by the permit holder. The Administrative
Official is authorized to conduct interim and final inspections of the
development and may coordinate such inspections with the inspections
D required by other applicable codes and regulations.
D. Temporary Occupancy Prior to Completion. The Administrative Official
may authorize temporary occupancy of development prior to the issuance
of a required Certificate of Occupancy when, upon request, he finds that all
the following conditions are met:
1. The applicant is unable to complete all required improvements
because of unavoidable circumstances that in no way resulted from
the action or inaction of the applicant or permit holder;
2. It is reasonably certain that the applicant will be able to complete
the improvements within a reasonable amount of time;
U 3. Delaying completion of the improvements until after occupancy will
not be materially detrimental to property in the vicinity of the
proposed development, the health, safety, and welfare of the general
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public, or the goals and policies of this ordinance and the Yakima
Urban Area Comprehensive Plan;
4. Security for the completion of required improvements and terms and
conditions of approval has been made in accordance with Section
15.12.080 for any public improvements associated with the
development;
5. The development complies with minimum life and safety codes and
the Administrative Official has declared the development safe for
use.
15.12.080 — Performance Assurance 1
A. Purpose. The purpose of this section is to provide a means to assure that
the terms and conditions of approval pertaining to construction or changes
to public improvements imposed after review of development under this
title are actually and properly complied with and implemented in a timely
fashion. 1
B. Performance Assurance Required as a Condition of Approval. As a
condition of approval of the issuance of any development permit or
Certificate of Zoning Review, or any other permit or approval issued under
this title, the Administrative Official may require security for the
performance and completion of any proposed or required public
• improvement or any other term or condition of approval pertaining to a
public improvement. The estimate ofthe performance and completion of
any proposed or required public improvement or any other term or �u
condition of approval pertaining to a public improvement will be reviewed
and /or calculated by the City /County Engineer or a designee. When such
security is required, it shall be made in accordance with this section and
must be made and approved prior to the issuance of the development
permit.
C. Forms and Security. The applicant may provide security in the form of one
or more of the following:
1. A cash security deposit; or
2. A bond; or
3. A deed of trust mortgage on the subject or other property.
Provided, however, that the quality, sufficiency, amount, and exact form of
the security, are subject to the approval and satisfaction of the City /County
Engineer and Administrative Official. Whenever any security is provided
by an applicant it shall state directly or by reference all of the following
provisions:
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1. The improvements or performance secured;
2. A date or dates of required compliance;
3. The amount of the security;
4. That the security is in favor of the City of Yakima/ Yakima County;
5. That the applicant shall maintain the security in force until completion
of the
• public improvement or condition for which security was provided.
D. Security Deposits. The following provisions apply to security in the form
of a security deposit. When a security deposit is made under the provisions
of this section, a written agreement shall be made and signed by the
Administrative Official on behalf of the City /County. Security deposits
shall be made directly to the Administrative Official and such funds shall
be kept in an identifiable trust account. The applicant may designate the
location and type of account, and any interest earned thereon shall accrue
and remain in such account. The cost of the account shall be provided for
1 by the applicant or may be deducted from the security deposit. •
If the improvements or performances secured by the deposit are not timely
completed, the Administrative Official shall notify the applicant in writing,
stating:
' (1) The nature of the noncompliance and the action necessary to correct the
1 same;
.(2) The amount of time in which the applicant has to take corrective action;
1 and
(3) That if corrective action is not completed within the time specified, that
' the City /County will apply the funds in the security deposit in order to
effect compliance.
1 If the corrective action is not taken by the applicant or permit holder within
the time specified in the notice given by the Administrative Official, the
City /County shall, through its representatives, take whatever action that the
' City /County deems necessary. In addition, the city shall perform or
complete the items covered by the security deposit and shall apply funds
' held therein to the cost of such completion or performance. Any excess or
surplus funds shall be refunded to the applicant
•
E. Bonds. The following provisions shall apply to bonds provided as security
' under this section. The bond or other security shall be in an amount and
with such surety and conditions satisfactory to the Administrative Official.
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F. Deeds of Trust. Security provided in the forms of deeds of trust shall
comply with the following provisions. Deeds of trust shall be recorded, the
cost of which will be borne by the applicant. If the improvements or
performance secured by the deed of trust are not completed, the
Administrative Official shall notify the applicant in writing, stating:
(1) The nature of the noncompliance and the action necessary to correct the
same;
(2) The amount of time in which the applicant has to take corrective action; iU
and
(3) That if corrective action is not completed within the time specified that
111
the City /County will take corrective action itself and /or foreclose the deed
of trust. 111
On failure of the applicant or permit holder to complete corrective action
within the time specified, the City /County may, at its option and through its
designated representatives, either: ID
(1) Take action necessary or convenient to perform or complete the events
secured by the deed of trust, and thereafter institute foreclosure of the deed IU
of trust in any manner allowed by law; or
(2) Institute foreclosure action on the face amount of the deed of trust in
any manner allowed by law.
G. Partial Releases. An applicant may request a partial release of any security 11
provided
under this section based on partial completion or compliance with the
events secured. If the Administrative Official determines that partial
release is warranted, he may cause a partial release of security in an amount
deemed by him to be appropriate.
H. Applicant and Permit Holder Responsible for Deficiencies. The applicant
and /or permit holder is responsible for all costs incurred by the County /City
in causing completion of the events secured by any security provided for
under this section. If, after fully applying the security, a deficiency
remains, the applicant and /or permit holder shall be jointly and severally
liable for such deficiency and for reasonable attorney's fees necessary to
collect the same.
I. Administration. The Administrative Official is authorized to sign documents 111
and otherwise administer securities under the provision of this section.
111
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Chapter 15.13
_TYPE (1) REVIEW
Sections:
15.13.010 Purpose.
I
•
15.13.020 When required
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
1
15.13.010 Purpose
•
1 This chapter establishes procedures for issuance of a development permit for
uses requiring Type (1) review.
' 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
1 shall use the procedures in Chapter 15.13 to review Class (1) uses and
associated site improvements for compliance with the provisions and
1 standards of the zoning district in which they are located. Class (1) uses
require Type (2) review when:
1 1. All or part of the development, except for agricultural buildings,
single- family dwelling, and duplexes are in the floodplain /or
greenway overlay; or,
2. All or part of a development is in the Airport Overlay (AO); or,
1 3. All or part of a development that is in an Institutional (I0) or
Master Planned Development Overlay (PD) and is identified in a
development agreement as requiring Class (2) approval; or,
1 4. The proposed use includes hazardous material; or,
5. The applicant requests adjustment of one or more of the specific
1 development standards pursuant to Section 15.10.020; or,
6. All or part of the development requires a development plan and /or
master plan.
1 161
ID
15.13.030 - Development Permit Application —Type (I) 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 Section ID
15.11.040 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. ID
15.13.040 - Review Procedures IU!
The Administrative Official shall review all Class (1) uses for compliance with ID
this title. The Administrative Official shall forward all Class (1) uses requiring
Type (2) review under Section 15.13.020 to the Department for processing
under Chapter 15.14. The Administrative Official shall notify the applicant of ID
the approval or denial of the application, request additional information, or
forward the application to the Department for review.
15.13.050 - Approval. 111
The Administrative Official shall issue a development permit when it has been
determined that ID
(a) The proposed use is a Class (1) permitted use under Chapter 15.04;
(b) That the proposed development complies with the standards and provisions
of this title; ID
(c) That the proposed development complies with other building codes in effect
and administered by the Administrative Official; ID
(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 Department 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 Chapter 15.16.
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1
Chapter 15.14
' TYPE (2) REVIEW
•
Sections:
15.14.010 Purpose.
' 15.14.020 When Required
15.14.030 Application for Type (2) Review
15.14.040 Review Procedures
15.14.050 Notification of Final Decision
15.14.060 Issuance of a Certificate of Zoning Review
15.14.070 Appeals
15.14.010 - Purpose
1 This section establishes procedures for issuance of a Certificate of
Zoning Review for uses requiring Type (2) review.
15.14.020 - When Required
Type (2) review is required for any proposed use shown on Table 4 -1 as a Class
(2) use; for Class `(1) uses requiring Type (2) review in Section 15.13.020; and
for other specific reviews established by this. title.
In certain circumstances, the Administrative Official may require that a
•
' Class (2) use undergo a Type (3) review, when one of the following
occurs:
1. In the opinion ° of the Administrative Official, formal 'public
1 review and comment on a ,proposal will assist in determining
necessary . and proper mitigation of impacts;
' 2. SEPA .Environmental review of the proposal indicates
potentially significant environmental impacts that could prompt
a higher type of review; or
1 3. The application has more than three associated land use
decisions to be considered;
4. The proposed land use request has a development or master plan
• • required by the size of the proposal or the Administrative
Official has determined one is necessary.
15.14.030 - Application for Type (2) Review
Applications for Certificates of Zoning Review for Class (2) uses shall
be made in writing on forms supplied by the Department. A general site
plan conforming to the provisions of Section 15.11.040 shall accompany
the application for Type (2) review. The Department shall forward the
•
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application and site plan to the Administrative Official for review. The
Administrative Official may, request any additional information under
the provision of Section 15.11.020(2).
15.14.040 - Review Procedures
Upon receipt of a completed application for a Class (2) use, the Administrative IU
Official shall proceed as follows:
1. Preliminary Decision. Within seven days of receipt of the completed 111
application, the Administrative Official shall review the proposal and
tentatively determine whether the proposed development should be
approved, approved with conditions, or denied. The Administrative
Official may request any additional information necessary to clarify the
application or determine compliance with the provisions of this title.
If additional information is required by the Administrative Official, the ID
preliminary decision on the application shall be made within seven days
of receipt of the additional information.
2. Notification of Adjacent Property Owners. When the Administrative 111
Official's preliminary decision is to approve the application or approve
with conditions, the Administrative Official shall, within five days,
forward a notice of the proposal together with his preliminary decision IL
and a copy of the preliminary site plan to all landowners within five
hundred (500) feet of the exterior boundaries of the development site.
Such notice shall:
a. Indicate that the attached site plan is preliminary and subject to
change by the Administrative Official as a condition of approval;
and
b. Solicit written comment on the proposal and specify a time
period not less than fourteen (14) days from the date of mailing,
during which written comment may be received and considered
by Administrative Official; and,
c. Indicate any standard proposed to be adjusted in accordance with
Chapter 15.10; and
d. State that copies of the Administrative Official's final decision shall I�
be mailed by the Administrative Official to all•parties of record to
any proceeding action; and,
e. The final decision of the Administrative Official is appealable to the
Hearing Examiner for public hearing and review and such appeal
shall be filed within fourteen _days from the date of the
Administrative Official's final decision.
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The Administrative Official may also, but is not required to, solicit
comments from any other person or public agency the Administrative
1 Official feels may be,affected by the proposal.
3. Administrator's Decision. After considering any comments received from
other
agencies, jurisdictions, or adjoining property owners, the
Administrative Official shall take one or more of the following actions:
a. Approve the site plan and issue a Certificate of Zoning Review;
1 b. Establish conditions for approval, or require other changes in the
proposed site plan;
c. Authorize adjustment in the basic design standards in accordance
1 with the provisions of Chapter 15.10;
d. Request additional or more detailed information, including but not
limited to a written development plan or master plan or other similar
1 documents for development;
e. Refer the site plan to the Hearing Examiner for review, public
hearing and decision; or
1 f. Disapprove the site plan.
A request by the Administrative Official for additional or more detailed
information` shall be made within seven days from the end of the
comment period.
1
4. Conditional Approval. The Administrative Official may attach
1 conditions to his approval in order to assure the development is
consistent with the intent of this title, the zoning district, the
development standards, and the other provisions of this title.
1
5 . Findings and Conclusions. The Administrative Official shall prepare
1 written findings and conclusions - stating the specific reasons, and citing
the specific chapters and sections of this title upon which the
Administrative Official's decision to approve, approve with conditions,
1 or deny the issuance of a Certificate of Zoning Review is based. The
findings shall demonstrate that the Administrative Official's decision
complies with the policies of the Yakima Urban Area Comprehensive
1 Plan, the intent of the zoning district, and the provisions and standards
established herein.
1 15.14.050 - Notification of Final Decision.
The Administrative Official's final decision shall be issued within seven days
1 from the end of the comment period, or, if additional information was
1 165
requested, within seven days from date the Administrative Official received
q y om the Admimstrat
the information. The Administrative Official shall mail any other findings and
decision to the applicant and to other parties receiving initial notice not later
than three working days following the issuance of the final decision. The
Administrative Official shall also specify that the decision is final unless
appealed to the Hearing Examiner.
15.14.060 Issuance of a Certificate of Zoning Review
No use requiring Type (2) review by the Administrative Official shall be
entitled to a development permit until and unless the Administrative Official
approves a final site plan and authorizes issuance of a Certificate of Zoning
Review. The certificate of zoning review is not a building or development
permit and does not by itself authorize the construction or occupancy of any
use or structure. I�
15.14.070 Appeals.
Decisions by the Administrative Official under Type (2) review may be 11
appealed to the Hearing Examiner in accordance with Chapter 15.16.
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Chapter 15.15 ■
CLASS (3) REVIEW
' Sections:
•
15.15.010 Purpose
15.15.020 When required
15.15.030 Application for Type (3) review
15.15.040 Review procedures
' 15.15.050 Notice of examiner's decision
15.15.060 Issuance of a Certificate of Zoning Review
15.15.070 Appeals
' 15.15.010 Purpose
This chapter establishes procedures for issuance of a certificate of zoning
review for uses requiring Type (3) review.
15.15 020 When Required
Type (3) review is required for any proposed use shown on Table 4 -1 as a Class
(3) use or for Class (2) uses referred by the Administrative Official for Type (3)
review, and for other specific reviews established by this title.
15.15.030 Application for Class (3) Review
Applications for Certificates of Zoning Review for Class (3) uses shall be made
. in writing to the planning department on forms supplied by the department. A
detailed site plan conforming to the provisions of Section 15A 1.050 shall
accompany the application for class (3) review. The planning department shall
forward the application and site plan to the hearing examiner for review. The
planning department or hearing examiner may request any additional
' information necessary to clarify the application. or determine compliance with
this title.
15.15.040 Review Procedures for Type (3)
' The following procedures will be followed for the review of Class (3) uses:
•
' 1. Report of Planning Department. The planning department shall
distribute copies of the site plan to other affected departments, agencies,
and jurisdictions for review and comment, and shall coordinate and
assemble the comments received. These comments shall be included in
a report prepared by the department summarizing the proposal and
stating the department's findings and recommendations. At least seven
1 calendar days prior to the scheduled hearing, copies of the planning
department's report shall be filed with the examiner, mailed to the
applicant, and made available for public inspection.
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2. Public Hearing. The planning department shall be responsible for
assigning a date for, and assuring due notice of, a public hearing for
each application. Notice of the time and place of the public hearing
shall be given as provided for in Table 11 -2. The hearing examiner I11
shall hold at least one public hearing prior to rendering any decision.
The applicant shall appear in person or by agent or attorney. Failure to
do so may constitute sufficient cause for continuance of the hearing or
denial of the application. Other parties may appear in person or by
agent or attorney, or may submit written documents.
3. Examiner's Decision. Within ten days of the conclusion of a hearing,
unless a longer period is agreed to on the record or in writing by the
applicant, the examiner shall render a written decision. The Hearing it
Examiner may approve, deny, or conditionally approve the proposal.
4. Conditional Approval. The Hearing Examiner may attach conditions to
his approval in order to assure the development is consistent with the
intent of this title, the zoning district, the development standards and the
other provisions of this title.
5. Findings and Conclusions. The Hearing Examiner shall prepare written
findings and conclusions stating the specific reasons and citing the 0 _
special chapters and sections of this title upon which his/her decision to
approve with conditions, or deny the issuance of a certificate of zoning
review, is based. The findings shall demonstrate that the Hearing 1
Examiner's decision complies with the objectives of the Yakima Urban L
Area Comprehensive Plan, the intent of the zoning district, and the
provisions and standards established herein.
15.15.050 - Notice of Examiner's Decision
Copies of the examiner's decision shall be sent by certified mail to the 01
applicant. Copies of a "Summary of Decision" will be sent by regular mail to
other parties of record in the case not- later than three working days following �L
the rendering of a written decision by the examiner. Copies of the complete
decision or summary decision will be made available upon request. If the
effect of the decision is a recommendation to the legislative body, the original
thereof shall be transmitted to the legislative body.
15.15.060 Issuance of a Certificate of Zoning Review
No use requiring review by the Hearing Examiner shall be entitled to a I[
development permit until and unless the Hearing Examiner approves a final site
plan and authorizes issuance of a Certificate of Zoning Review. The Certificate
of Zoning Review is not a building or development permit, and does not by
itself authorize the construction or occupancy of any use or structure.
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168 �L
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15.15.070 Appeals.
' Decisions by the Hearing examiner under Type (3) review may be appealed to
the legislative body in accordance with Chapter 15.16.
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Chapter 15.16
APPEALS 10
Sections: 10
15.16.010 Purpose
15.16.020 Appeals —Where filed 10
15.16.030 Appeal of decisions by the building
Administrative official
15.16.040 Appeal of decisions by the hearing examiner 111
15.16.050 Legislative body action on appeals
15.16.060 Appeal of decisions by the legislative body
15.16.070 Effect of appeals
15.16.080 Actions not appealable
15.16.010 .Purpose.
The purpose of this chapter is to establish the procedures for appealing
decisions made under the provisions of this title. 10
15.16.020 Appeals
Where filed. All appeals authorized under the provisions of this title, except 01
judicial appeals, shall be filed with the Department. The department shall
forward the appeal to the appropriate Administrative Official or designee,
schedule an appeal hearing, provide the required notification, and maintain
complete records of all appeal hearings unless otherwise provided for in this
chapter. 10
15.16.030 Appeal of Decisions by the Administrative Official
A. Appeal to the Hearing Examiner. Except as otherwise provided, any
aggrieved person or agency directly affected by any decision of the
Administrative Official or designee may appeal that decision to the Hearing
Examiner.
B. Appeal. All appeals shall be filed within fourteen days following the
mailing of the final notice by Administrative Official or designee. Appeals
shall be filed with the department. If a final decision does not require
mailing, the appeal shall be filed within fourteen days following the
issuance of the final decision.
C. Appeals Shall Be In Writing. All appeals shall be in writing on forms
provided by the Department and shall be accompanied by the required fees;
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provided, that appeal fees should not be charged to the legislative body or a
department of the City or County. All appeals shall specifically cite the
action being appealed, the error(s) or issue(s) to be considered, and explain
• why the action is not consistent with the provisions of the Yakima Urban
Area Comprehensive Plan, this title, or other provisions of law.
D. Notice. The Department shall set reasonable time and place for hearing
p t o reasonab e me a d p a g
of the appeal and shall notify the adverse parties of record and the official
whose decision is being appealed at least ten days prior to the hearing.
Provided, that for the review of a decision of the Administrative Official
made under Type (2) review, the notice prescribed for Type (2) review
under this title shall be given.
a E. Transfer of Record. The officer from whom the appeal is being taken shall
forthwith transmit to the hearing examiner all the records pertaining to the
decision being appealed from, together with such additional written report
as he deems pertinent.
F. Action by the Hearing Examiner. Testimony given during the appeal shall
be limited to those points cited in the appeal application except for appeals
of decisions of the Administrative Official made under Type (2) review, in
which case the appeal shall be de novo. The hearing examiner shall render
' a written decision on the appeal within ten working days from the
conclusion of the hearing, unless a longer period is mutually agreed to by •
the applicant and the examiner. The Hearing Examiner may affirm or
' reverse, wholly or in part, or modify the order, requirement, decision, or
determination, and to that end shall have all the powers of the officer from
whom the appeal is taken. The department shall send copies of the Hearing
Examiner's decision to the appellant, the parties of record, and the official
whose decision was appealed, not later than three working days following
the issuance of the final decision.
G. Decisions by the Hearing Examiner Shall be Final Unless Appealed.
Except as otherwise provided, all appeal decisions by the Hearing Examiner
shall be final and conclusive on all parties unless appealed to the legislative
body under Section 15.16.040.
1 15.16.04 Appeal of Decisions by the Hearing Examiner.
A. Appeals. The final decision of the hearing examiner on those applications
listed in Section 15.20.050 C(1), and on appeals made under Section 15.16.030,
shall be final and conclusive unless it is appealed to the legislative body by a
' person aggrieved, or by any agency of the city /county affected by the decision
in the following manner:
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1. The appealing party must file a complete written notice of appeal with
the planning department upon forms prescribed by the department and
accompanied by the appeal fee within fourteen days from the date of I�
mailing of the examiner's final decision.
2. The notice of appeal shall specify the claimed error(s) and issue(s) that fi
the legislative body is asked to consider on appeal and shall specifically
state all grounds for such appeal. Issues or grounds of appeal that are
not so identified need not be considered by the legislative body.
B. Appeal Procedures.
1. The planning department shall notify the parties of record that an appeal
has been filed and that copies of the notice of appeal and any written
argument or memorandum of authorities accompanying the notice of
appeal may be obtained from the department. The notice to parties shall
also state that parties of record wishing to respond to the appeal may
submit written argument or memorandum to the legislative body within 111
fourteen days from the date that the notice is mailed. The notice shall
further specify that such written argument or memorandum shall not
include the presentation of new evidence and shall be based only upon
the facts presented to the examiner. A copy of the notice shall be sent
to the appellant.
2. The appellant or any party of record may submit a written argument or
memorandum of authority within fourteen days of the date of mailing of
the notice to parties. Such written argument or memorandum of
authorities shall be filed with the department. No written argument or
memorandum of authorities may be thereafter submitted except as
follows. The appellant or parties of record may request in writing and "
the department may, at its discretion and for cause, grant without prior
notice to other parties of record, a fifteen -day extension of time within
which written argument or memoranda must be submitted. Provided,
that the request for extension is made no later than the last date the
memoranda would otherwise be due. The legislative body may grant
further extensions on a finding by the legislative body of the existence
of extenuating circumstances that warrant such extensions. Notice of an
extension shall be given to all parties of record. Memoranda, written
argument, or comments shall not include the presentation of any new
evidence and shall be based only on the facts presented to the examiner.
3. When a timely appeal has been filed and the deadline for receipt of �I
written memoranda has passed, the department shall within five days
deliver to the legislative body a copy of the examiner's decision, the
evidence presented to the examiner, an audio recording of the hearing
before the examiner and any written argument or memorandum of
authority which have been received. 1
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15.16.050 Legislative Body Action on Appeals.
A. General. When the record and the examiners decision have been
transmitted to legislative body, the clerk of the legislative body shall
' schedule a date for a public meeting by the legislative body at which time
the legislative body shall consider the appeal. The date of the public
meeting should not be later than twenty days following the date the
legislative body receives the information from the department.
' B. Public Notice Meeting on Appeals. The clerk of the legislative body shall
mail written notice to all parties of record and the examiner to apprise them
of the meeting date before the legislative body.
' C. Site Views. The legislative body may view the site.
1 D. Scope of Review. .Legislative body review of the facts shall be limited to
evidence presented to the examiner. The legislative body may request
additional information or memoranda in order to reach a decision, provided that
' all parties of record are given an opportunity to respond to the material
provided.
E. Action on Appeal. At the public meeting the legislative body may adopt,
amend and adopt, reject, reverse, amend and reverse the findings, conclusions,
and decision of the examiner, or remand the matter for further consideration or
' for purpose of taking and considering new factual evidence by the examiner. if
the legislative body renders a decision different from the decision of the
examiner, the legislative body shall adopt amended findings and conclusions
accordingly.
' 15.16.060 Appeal of Decisions Made by the Legislative Body.
The action of the legislative body on an appeal of the decision of the examiner
shall be final and conclusive unless within thirty days from the date of final
action an aggrieved party obtains an appropriate writ of judicial review from
the Yakima County Superior Court for the purpose of review of the action
• taken. The appellant shall provide or pay for, in advance, the cost of preparing
any verbatim transcript of proceedings required for judicial appeal. With the
consent of the Superior Court, the parties may agree to provide a verbatim
audio record of proceedings for purposes of review by the Superior Court.
15.16.070 Effect of Appeals.
Filing of an appeal stays all actions of the Administrative Official or designee
on pending applications for development permits associated with the action or
' decision being appealed. The filing of an appeal shall not stay the effectiveness
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or effective date of any enforcement action or decision for violation of this title
including cancellations and revocations of permits or approvals.
15.16.080 Actions not appealable.
A. Generally. Only final actions or decisions of an Administrative Official or
other official may be appealed under this chapter.
B. Procedural Rulings. Interim procedural or other rulings during or as part of
a review or decision making process by a Administrative or other officer under
this title are not appealable except as part of the final decision or action.
C. Enforcement Actions. No enforcement action for violation of this title is
appealable except as expressly provided in Chapter 15.25 of this title. No
decision or action for issuance of a warning citation or criminal citation by
the Administrative Official or other proper legal authority is appealable
under this chapter, nor shall any appeal under this chapter be taken of any
enforcement action commenced by any part in a court of law.
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Chapter 15.17
MODIFICATIONS TO EXISTING OR APPROVED USES OR
1 DEVELOPMENT
Sections:
15.17.010 Purpose.
1 15.17.020 Modification to permitted development and uses regulated.
15.17.030 Exemptions.
1 15.17.040 Modification of approved and existing Class (2) and (3)
uses and development.
15.1 7.050 Appeals.
1 15.17.060 Fee credits for denied modifications.
15.17.010 Purpose.
This chapter establishes .provisions for the review of ro osed modifications to
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existing or approved Class (2) or (3) uses.
1 15.17.020 Modification to Permitted Development and Uses Regulated.
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1 All . modifications to existing or approved Class (1) uses or development shall be
reviewed as a Class (1) use rather than under these modification provisions. Minor
changes to existing or approved Class (2) or (3) uses or development may qualify for
1 abbreviated review under the provisions in this Chapter, if they meet the criteria listed
below, or may apply directly for review as a Class (2) or (3) use or development.
1 Overlay districts shall not increase the level of review for the provisions of this
chapter. Modifications not meeting the criteria below must apply directly for review
as a Class (2) or (3) use or development.
a) The Modification will not increase residential density.
' b) The Modification will not increase the amount of parking by more than ten percent
(10 %) or twenty (20) spaces (whichever is least), except that the amount of parking
1 for controlled atmosphere and cold storage warehouses may be increased by up to
twenty (20) spaces. This limit shall be calculated cumulatively for all previous
Modifications since the last normal review.
1 c) Any expansion of use area or structure will not exceed 20 %. This limit shall be
calculated cumulatively for all previous Modifications since the last normal review.
d) The Modification will not increase the height of any structure.
e) Any demolition of structures will not exceed 20% of the current area. This limit
1 shall be calculated cumulatively for all previous Modifications since the last
normal review
1 f) The Modification will not add a Drive -Thru Facility.
g) The Modification does not include Hazardous Materials
Changes in nonconforming uses and expansions of nonconforming structures are
subject to the provisions of Chapter 15.19.
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15.17.030 Exemptions.
For exemptions from the review processes of this Title, see 15.01.040(E).
15.17.040 Review of Modifications
(a) Submittals — Applications for Modification shall follow the submittal
requirements for Type (1) review. In addition for an approved Class (2) or (3)
use or development, the applicant shall submit both the site plan previously
approved by the reviewing official, and a new site plan showing the location,,
size, and type of modification proposed by the applicant.
(b) Review - Applications for Modifications may be administratively and
summarily reviewed using the Type (1) review process, in addition to the
following criteria:
(1) Any proposed change in the site design or arrangement:
c) Will not change or modify any special condition previously
imposed under Class (2) or (3) review; and,
e) Will not adversely reduce the amount of existing landscaping or .
the amount or location of required sitescreening.
g) In the determination of the planning department will not create
or materially increase any adverse impacts or undesirable effects
of the project.
(3) All proposed new structures, site improvements, or structural alterations
to existing structures or site improvements comply with the
development standards of Chapters 15.05 through 15.08, except as
approved under the adjustment or variance provisions of this title.
(c) Decision and Notification of Decision - The planning department shall issue a
written decision on the Modification application using the Type (1) decision process.
In addition, any proposed modification that does not meet all the requirements of this
subsection shall be denied. The department shall mail its decision to the applicant.
Uses or developments denied under this Chapter may submit applications for review 01
under the normal review provisions for the use.
15.17.050 Appeals.
Decisions by the planning department regarding approval or denial of administrative
modifications may be appealed as prescribed by the applicable review.
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Chapter 15.18
1 EXISTING USES AND DEVELOPMENT
Sections:
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15.18.010 Purpose and intent
1 15.18.020 Continuation of existing Class (1), (2) and (3)
uses
15.18.030 Continuation of planned developments—
Limitations
15.18.040 Continuation of construction started -
15.18.050 Modifications to an existing Class (1), (2) or (3)
1 use
15.18.010 Purpose and Intent. .
1 Within the zoning districts established by this title, or zoning district
amendments that may later be adopted, there may exist uses that were legally
1 established prior to the effective date of this title. These may be classified
under Chapter 15.040 of this title as a Class (1), (2) or (3) uses in a particular
zoning district. This chapter provides for the continuation of these existing
1 uses even though they have not been through Type (1), (2) or (3) review
process and may not conform to the development standards of this title.
1 15.18.020 Continuation of Existing Class (1), (2) and (3) Uses.
A. Generally. Existing uses shall be permitted to continue provided they
1 remain otherwise lawful.
B. Continuation When an Existing Class (1), (2) or (3) Use is Damaged. Any
existing use, including an existing Class (2) or (3) use that is damaged or
1 destroyed, may be replaced as it was immediately prior to the damage after
review by the appropriate Administrative Official or designee. Provided, that if
the existing use is in a nonconforming structure, reconstruction of the structure
1 shall occur in accordance with the provisions of Section 15.19.060(C) and
15.19.060(D).
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15.18.030. Continuation of Planned Developments— Limitations.
' At the time of the effective date of this title there will exist certain uses which
have previously been approved and /or constructed, in whole or in part, as
planned developments under the provisions of preexisting ordinances. This
section shall cover the continuation and future use, occupancy, maintenance,
modification, and regulation of these special developments, and supersedes the
• terms and provisions of any previous ordinance authorizing or approving said
1 developments. .
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1. General Policy and Intent. Previously processed and approved planned �p
developments shall be allowed to continue to exist under the terms and
conditions of the previously approved enacting ordinance, site plan, and
planned development program. Any modifications or changes to such �p
planned development shall, however, render the entire development iu
subject to the provisions of this title.
2. Designation of Planned Developments for the Purpose of Future . 1
Modifications. For purposes of future modifications, previously
approved planned developments which would constitute and can be
Classified as a Class (1), (2) or (3) use under the provisions of this title
shall, in conjunction with the terms and conditions of their approval, be
considered and are hereby declared to be approved Class (1), (2) and (3)
uses. Previously approved planned developments which by use would
not be classified as a Class (1), (2) or (3) use shall be considered and are
hereby declared to be nonconforming uses.
3. Compliance with Terms and Conditions of Approval Required. The
terms, conditions, and provisions of the site plan, planned development
program and enacting ordinance of any previously approved planned
development, are declared to be and shall remain in full force and effect
as the binding site plan and conditions of approval for said
development. Noncompliance therewith is a violation of the provisions
of this title and subject to the penalties and enforcement provisions of
Chapter 15.25.
4. Completion of Planned Developments Required Within Two Years. All
previously approved planned developments which have not been fully 1
constructed and completed in accordance with the terms and conditions
of approval under the provisions of its enacting ordinance, site plan, and
program, shall be fully completed and constructed in accordance with
those terms, conditions, and provisions within two years of the effective
date of this title. Failure to so complete any previously approved plan
development shall constitute a • forfeiture of all rights, privileges, and
approvals pertaining to said planned development. Such time may be
extended for a maximum of one year by the administrative official for
good cause not within the control of the applicant, developer, or owner
of said planned development. Upon any forfeiture under the provisions
of this subsection, all further development, including the use or
occupancy of any land or structure, or the completion of any structure,
is subject to full compliance with the terms and provisions of this title.
5. Voluntary Dissolution of Planned Development. By mutual agreement
of the administrative official and property owner, a property owner may
voluntarily forfeit all rights, privileges, and approvals pertaining to a
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previously approved planned development Such requests for forfeiture
I shall be submitted in writing to the administrative official. .Upon
written approval by the Administrative Official, said planned
development shall be dissolved and declared null and void.
1 15.18.040 Continuation of Construction Started.
To avoid undue hardship, nothing in this title shall be deemed to require a
I change in the plans, construction or designated use of any structure on which
actual construction was lawfully begun prior to the effective date of this title.
Demolition or removal of an existing building begun preparatory to rebuilding
I shall be deemed to be actual construction. Nothing in this title shall be deemed
to require a change in the plans, construction or designated use of any structure
for which there exists on the effective date of this title a valid and legally issued
1 permit, provided that actual construction commences during the effective
period of such permit or one year from effective date of this title. Authority to
proceed under this Section is conditioned on all work being done lawfully and
1 carried on diligently until completion; failure to do so shall constitute a
forfeiture of such rights.
1 15.18.050 Modifications to an Existing Class (1) (2) or (3) Use.
Modifications to an existing Class (1), (2), or (3) uses shall be made in
1 accordance with Chapter 15.17.
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Chapter 15.19
NONCONFORMING USES AND STRUCTURES ID
Sections:
15.19.010 Purpose and intent
15.19.020 Illegal uses, structures and lots not permitted
15.19.030 Establishment
15.19.040 Development on existing lots of record
15.19.050 Continuation of nonconforming uses
15.19.060 Nonconforming structures
15.19.070 Change from a nonconforming use to a Class ( 1
), (2) or (3) use
15.19.080 Change from a nonconforming use to another
nonconforming use — Expansion of a
nonconforming use or structure
15.19.090 Modifications of an approved site plan for a
nonconforming use or structure ID
15.19.100 Discontinuance of a nonconforming use or
structure
15.19.110 Sale of a nonconforming use or structure , 11
15.19.120 Critical Area Non - Conforming Uses and
Facilities
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15.19.010 Purpose and Intent
Within the districts established by this title, or amendments that may later be
adopted, there may exist lots, structures, and uses which were lawful before this
title was adopted or amended, but because of the application of this title, no
longer conform to the provisions and standards of the district in which they are
located. This chapter provides for the regulation of these legal nonconforming
lots, structures, and uses, and specifies those circumstances, conditions, and
procedures under which such nonconformities shall be permitted to continue 1�I
and expand.
Except as otherwise provided, it is the intent of this title to permit legal
nonconforming uses or structures to continue to exist without specific
limitations as to time. Modifications or changes to or involving such
nonconformities are subject to the provision and policies of this title under I�
chapter 15.17 and 15.18.
15.19.020 Illegal Uses, Structures and Lots Not Permitted
Structures, lots, required site improvements, uses and /or developments which
were not legally established or existing as of the effective date of this title
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retain their illegal status and must be abated or fully conform and comply with
the procedural and substantive provisions of this title.
15.19.030 Establishment
' The burden of establishing that any nonconformity is a legal nonconformity as
defined herein shall, in all cases, be upon the owner of such nonconformity and
1 not upon the county /city. Upon request, the Administrative Official shall assist
the property owner in locating public records that pertain to the legal status of
the nonconformity.
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15.19.040 Development on Existing Lots of Record
1 In any district, any permitted use or structure may be erected on any existing lot
or parcel. Provided, that no zero lot line, common wall, duplex or multifamily
development shall be allowed on existing lots of record in the SR and R -1 zones .
unless the lot conforms to the minimum lot size requirements in Table 5 -2, or
the development involves the replacement or reconstruction of a damaged
legally existing zero lot line, common wall, duplex or multifamily
development. This section shall apply even though such lots fail to meet the
requirements for area or width, or both, that are generally applicable in the
district. Provided, that the setback dimensions of the structure shall conform to
the regulations of the zoning district in which the lot is situated. Section
15.05.020(B) contains additional provisions for development on
nonconforming lots.
15.19.050 Continuation of Nonconforming Uses
A. Generally. Any legal nonconforming use may continue as long as it
remains otherwise lawful. Any change or expansion of the nonconforming
use shall be made in accordance with the provisions of Sections 15.19.070
or 15.19.080.
1 B. Continuation When a Nonconforming Use is Damaged or Destroyed. When
a nonconforming use and associated structure are damaged, the
nonconforming use may be replaced as it was prior to the damage. If the
structure was also nonconforming, the structure may be rebuilt as it was
immediately prior to the damage or in a manner that is more conforming in
accordance with the provisions of Section 15.19.080.
15.19.060 - Nonconforming Structures.
1 A. Generally. Any legal nonconforming structure may continue so long as it
remains otherwise lawful. A nonconforming structure other than a required
• site improvement may be included in and /or changed as part of any
development, or modification to development, subject to review and
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approval under the procedures and provisions of this title. Provided, that
nothing in this section shall authorize the expansion or change of a
nonconforming structure except as otherwise provided for in this chapter.
The required site improvements, parking, and signs are subject to the more
specific policies on nonconforming parking and signs in Chapters 15.06 and +�I
15.08, which shall control and govern.
B. Maintenance of a Nonconforming Structure. Nothing in this chapter shall
be construed to restrict normal structural repair and maintenance of a ��
nonconforming structure, including the replacement of walls, fixtures and
plumbing.
C. Reconstruction of a Nonconforming Structure. When a nonconforming 111
structure is damaged or destroyed, the Administrative Official or designee
shall issue a development permit allowing the structure to be rebuilt as it
was immediately prior to the damage or in a manner that is less
nonconforming. Provided, no reconstruction of a nonconforming structure
shall be performed without the issuance of a development permit by the
Administrative Official. Applications and permits for such reconstruction
shall be made in accordance with Chapters 15.11 and 15.12 of this title
except that no Certificate of Zoning Review is required
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The property owner shall provide the information necessary to reasonably
assure the Administrative Official or designee that the reconstruction being
authorized complies with this section. The information provided shall
include, but not be limited to:
(1) A general site plan showing the actual dimensions of the
nonconforming structure, its height, and its exact placement on the lot
prior to being damaged;
( - 2) Where a nonconforming use is involved, a written narrative describing
the use or uses that existed immediately prior to damage;
(3) An affidavit or certificate that the narrative and site plan accurately
represent the nonconforming structure and /or use as they were
immediately prior to damage. The Administrative Official or designee
may approve reconstruction in conformance with the site plan or in a
manner that is more conforming with the provisions and standards of
the zoning district in which it is located. If the Administrative Official
or designee determines that the requested reconstruction amounts to an
expansion of the nonconforming structure, he shall forward the
application to the Hearing Examiner for review under the provisions of
Section 15.19.080.
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15.19.070 Change - from a Nonconforming Use to a Class (1), (2) or (3)
1 Use
The following procedures shall be followed for changing a nonconforming use
to aClass(1),(2)or(3)use:
1. Change to a Class (1) Use. Application for changing a nonconforming
use to a Class (1) use shall be made under-r the provisions of Chapter
15.13, Type (1) review.
2. Change to a Class (2) Use_ Application for changing a nonconforming
use to a Class (2) use shall be made and reviewed under the provisions
of Chapter 15.14,. Type (2) Review. The administrative official may
approve the proposed Class (2) use when he determines the proposed
use is compatible with the objectives of the Yakima .Urban Area •
Comprehensive Plan, the intent of the zoning district, and the provisions
and standards established herein.
3. Change to a Class (3) Use._ Application for changing a nonconforming
use to a Class (3) use shall be made and reviewed under the provisions of
Chapter 15.15, Type (3) Review. The Hearing Examiner shall hold at least
one public hearing on the proposed change prior to rendering a decision.
The hearing examiner may approve the proposed Class (3) use when he
determines it is compatible with the objectives of the Yakima Urban Area •
Comprehensive plan and the purpose and intent of this title.
15.19.080 - Change from a Nonconforming Use to Another Nonconforming
Use. Expansion of a Nonconforming Use or Structure
The following procedures shall be followed to change a nonconforming use to
a different nonconforming use; expand a nonconforming use throughout a
structure; and /or expand a nonconforming structure or use throughout a lot or
onto an adjoining lot. These procedures shall be used to expand a
nonconforming structure throughout a lot. Provided, a structure that is
nonconforming only by reason of excessive building height or substandard
setbacks, or is a nonconforming single- family dwelling, may be altered or
expanded under the modification provisions of Section 15.17.050 when: the
1 alteration or expansion:
(1) Does not increase the degree of nonconformity of the structure;
' (2) Complies with development standards of the district in which it is
located;
(3) The nonconforming structure is occupied by a Class (1) or Class (2)
1 use or is a
single - family dwelling or duplex;
1 (4) In the case of expanding a nonconforming single - family dwelling or
duplex,
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the proposed expansion is fifty percent or less of the existing
building area. The provisions of Section 15.17.050 shall also be
used for the reconstruction of a nonconforming single- family.
1. Application. The application procedures shall be the same as those
established in Section 15.15.030 for Class (3) uses. A detailed site plan
conforming to the provisions of Section 15.11.050 shall accompany any
applications required by this section.
2. Public Hearing and Review. The department shall review and process
the application under the provisions of Section 15.15.040. The Hearing
Examiner shall hold at least one public hearing. Within ten days after
the public hearing, unless a longer period is agreed to on the record or I�
in writing by the applicant, the Hearing Examiner shall render a written
decision.
3. Conditions for Approval. The Hearing Examiner may grant the relief I�
requested if he finds all of the following:
a. That the expansion, change, reconstruction or replacement requested
would not be contrary to the public health, safety or welfare; and, 1
b. That the proposed expansion, change, reconstruction or replacement
is compatible with the character of the neighborhood; and, in the
case of an expansion or change, does not significantly jeopardize
future development of the area in compliance with the provisions
and the intent of the zoning district; and
c. That the significance of the applicant's hardship is more compelling
than, and reasonably overbalances, the public interest resulting from
denial of the relief requested; and,
d. That the use or structure was lawful at the time of its inception; and,
e. That the value of nearby properties will not be significantly
depressed by approving the requested expansion, change,
reconstruction or replacement.
The expansion, change, reconstruction or replacement requested shall
be denied if the Hearing Examiner finds that one or more of the
provisions in Subsection 3 a through e of this section are not met.
4. Findings and Conclusions. The Hearing Examiner shall prepare written
findings and conclusions stating the specific reasons for his decision to
approve, approve with conditions, or deny the application. The findings
shall include the Hearing Examiner's determination regarding
compliance of the proposed expansion, change, reconstruction or
replacement, with the criteria established in subsection C above. The
Hearing Examiner shall issue a Certificate of Zoning Review in
accordance with Section 15.15.060 upon approval of an application and
accompanying site plan.
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5. Conditional Approval. When approving a change in, or the expansion,
reconstruction, or replacement of a nonconforming use or structure, the
Hearing Examiner may attach conditions to the proposed change,
expansion, replacement or reconstruction, or any other part of the
development, in order to, assure that the development is improved,
arranged and screened to be compatible with the objectives of the
Yakima Urban Area Comprehensive Plan, this title, and neighboring
1111 land uses.
15.19.090 Modifications of an Approved Site Plan for a Nonconforming
Use or Structure.
Site plans approved for the change, expansion, reconstruction or replacement of
a nonconforming use or structure may be modified under the provisions of
�I Chapter 15.17.
15.19.100 Discontinuance of a Nonconforming Use or Structure
A nonconforming use or structure shall become discontinued when it is:
•
1. Succeeded by a Class (1), (2) or (3) use; or
2. Succeeded by another use or structure that is less nonconforming; or
3. Discontinued and not reestablished within eighteen months, unless an
extension is granted by the Administrative Official upon proper
application. Denials of such requested extensions may be appealed in
the same manner as Class (2) decisions under Chapter 15.14 YMC; or
4. Damaged, and application for rebuilding or replacement is not made
•
within eighteen months of such damage or resolution of court litigation
or insurance settlement.
When a nonconforming use becomes discontinued, it shall be deemed that such
use has ceased to exist and thus loses its status as a legal nonconforming use.
Any subsequent use shall conform to the provisions of the use in which
1 it is located.
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' 15.19.110 Sale of a Nonconforming Use or Structure
Property classed as nonconforming may be transferred without that fact alone
affecting the right to continue the nonconforming use or use of a
nonconforming structure.
15.19.120 Critical Area Non - Conforming Uses and Facilities
Non- Conforming Uses and Facilities are classified as either Conforming
Uses with Non - Conforming Structures or Areas, or as non - conforming
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uses, as described in subsection 1 below. Both types have different review
processes and decision criteria, as provided below in subsections 2 and 3. I�
1) Classification Criteria — There may be situations that do not conform
to the standards or regulations of this title. These situations are
characterized as:
a. Non - conforming Uses. Uses of a structure or land that were
lawfully established at the time of their initiation but are 111
currently prohibited by this title are non - conforming uses, and
may utilize structures or land areas that are also non -
conforming. A non - conforming use that is discontinued for any
reason for more than one year shall have a presumption of intent.
to abandon, shall not be re- established, and shall lose its non-
conforming status, unless a Variance or Adjustment is obtained
to extend the length of time, based on documentation showing
that an intent to abandon did not exist during the period of
discontinuance. Such a Variance or Adjustment request may be
submitted after the deadline has passed. In the case of
destruction or damage where reconstruction costs exceed 50%
of the assessed value, the structure shall not be rebuilt. I�
b. Conforming Uses with Non - conforming Structures or Areas
are structures or areas for conforming uses that were lawfully
established at the time of their initiation, but currently do not I�
conform to the bulk, dimensional or other development
standards of this title. Structures or areas in locations approved
under a permit shall not be considered non - conforming. Non-
conforming outdoor areas that have not been used or maintained
for 5 consecutive years shall lose their non - conforming status
and may not be reestablished.
c. Any non - conforming structure, area, or use may be maintained
with ordinary care according to the provisions in 15.27.140
(Applicability) and 15.27.303 (Minor Activities Allowed
without a Permit or Exemption) and 15.27.304 (Exemptions —
Procedural Requirements), and do not require additional review
under these Non - Conforming provisions.
2) Process -
a. Alterations to conforming uses with non - conforming structures
or areas shall be allowed under the following process
requirements with the understanding that other permits or
reviews may also be required under this title:
1) Those that do not increase the existing non - conformity
and otherwise conform to all other.provisions of this
title are allowed without additional review under these
non- conforming provisions.
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2) Those that increase the non - conformity, including
establishing additional square footage within a buffer,
are allowed without additional review under these non -
conforming provisions; however, an Adjustment must
be obtained for the increased non - conformity.
' 3) Reconstruction or repair of a structure damaged less
then 75% of the assessed value shall be processed as
provided in subsections 1 and 2 above.
4) A nonconforming structure which is moved any
distance shall be processed as provided in subsections
1 and 2 above.
5) Reconstruction or repair of structures destroyed or
damaged 75% or more of the assessed value of the
structure (not the whole property), including that
resulting from neglect of maintenance or repair, shall
be processed under these non - conforming provisions as
a Type 2 review under this title.
• b. Alterations to Non - conforming Uses
1) Those involving expansion or alteration within an
existing structure, but do not include alterations to
outdoor areas, or expansions of the building's height or
square footage are allowed without additional review
under these non - conforming provisions.
2) Alterations to non - conforming uses, including their
non- conforming structures or areas that do not qualify
' under paragraph (1) above, shall be processed under
these non - conforming provisions as a Type 2 review,
as provided by this title.
3) Decision Criteria
a) Decisions on projects that require review under the non-
conforming provisions, as identified under subsection (2) above
shall be based on the general decision criteria found in section
15.27.311 (Authorization Decisions — Basis for Action)
1 together with the criteria below.
b) Applications for conforming uses with non - conforming
structures or areas that are subject to subsection 2(a)(5) above,
1 shall not be approved unless a finding is made that the project
meets all of the following criteria:
i. Using the original location will not place the structure or
people in danger of a hazard;
ii. The previous structure and any structural shore
modification used to protect the structure did not increase
hazards or damage to other properties;
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iii. The previous structure and any shore modification used to
protect the structure did not cause significant impacts to
the functions and values of the critical area.
c) Decisions on non - conforming uses:
i. A non - conforming use may not be altered or expanded in
any manner that would bring that use into greater non-
conformity;
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III
Chapter 15.20
II ADMINISTRATION
Sections:
I 15.20.010 Purpose
15.20.020 Administrative Official's— Duties and powers
15.20.030 Planning Department— Duties and powers
I 15.20.040' Administrative official— Duties and powers
15.20.050 Hearing examiner — Duties and powers
15.20.060 Regional planning commission
D 15.20.070 Legislative body
15.20.080 No personal liability for acts or omissions
15.20.090 Coordination with county /city
III 15.20.100 Entrance onto private property
15.20.110 Statement of zoning district by city or county
officials /reliance limited
D 15.20.120 Computation of time
15.20.010 — Purpose The purpose of this chapter is to define the
a responsibilities, and requirements for the Administration, enforcement, and
interpretation of this title.
I 15.20.020 — Administrative Official — Duties and Powers
A. Office Established. The Administrative Official shall be that person
designated by the legislative body to enforce the provisions of this title and the
1 building code and administer the assigned provisions of this title, or his
designee.
B. Authority and Duties. The administrative official shall have the following
D powers and responsibilities:
1. Receive, examine, and process applications for Class (1) uses;
2. Issue development permits for Class (1) uses in compliance with the
1 provisions of this title. Development permits for uses requiring review
and approval by the Administrative Official or Hearing Examiner shall
be issued only after receipt of a Certificate of Zoning Review from the
II Administrative Official;
3. Receive, review, and adjudicate all site plans requiring Type (2) review;
I 4. Receive, review and decide applications for temporary hardship unit
permits, basic design standard adjustments and any other application for
permit or approval assigned to him under provisions of this title;
5. Perform any other function or duty authorized or assigned to him under
I , the provisions of this title.
6. Conduct inspections to determine compliance or noncompliance with
the terms of this title;
I 7. Revoke, in writing, a permit or approval issued contrary to this title or
based on a false statement or misrepresentation in the application;
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8. Stop, by written order, work being done contrary to the development
permit or to this title. Such written order, posted on . the premise
involved, shall not be removed except by order of the building official.
Removal without such order shall constitute a violation of this title.
9. Institute or cause to be instituted any appropriate action or proceedings
to prevent the unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance, use or occupancy of a structure or
land, and /or restrain, correct, or abate such violation;
10. Perform any other act or duty authorized or assigned to him under
provisions of this title.
All decisions of the Administrative Official shall be final unless appealed to
the Hearing Examiner under Chapter 15.16.
15.20.030 — Planning Department — Duties and Powers
The Department shall have the following powers and responsibilities:
1. Issue certificates of zoning review under the provisions of this title;
2. Receive, record and file all applications for permits, approvals or other
action, including Type (2) and (3) review, and applications for appeals,
interpretations, variances and rezones;
3. Review and decide modifications to approved Class (2) and (3) uses and
existing Class (1), (2), and (3) uses under the provisions of Chapter 15.17; 1
4. Provide staff support to the Regional Planning. Commission on all long
range planning matters and proposed ordinance amendments;
5. Immediately change the official zoning map to accurately reflect any 1
amendments made by official action of the legislative body;
6. Provide staff support to the Hearing Examiner and legislative body;
7. Perform any other act or duty authorized or assigned to it under the
1
provisions of this title;
8. Maintain the official index of all permits and approvals under this title.
15.20.050 — Hearing Examiner — Duties and Powers
Office. The office of Hearing Examiner, herein referred to as hearing 1
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 and pro tem. The hearing examiner shall be jointly
hired and appointed by the City of Yakima and Yakima County.
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
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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 Section
15.16.040:
, a. Type (3) review decisions;
b. Variance requests;
c. Home occupations;
D d. Revocation proceedings under Chapter 15.24 of this title;
e. Nonconforming uses;
f Appeals of decision by the building official or Administrative
O Official; and
g. Any other authorized decision not expressly listed in subsection C2 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 or county to implement a newly adopted or amended
Comprehensive Plan,
or which are of broad general applicability, shall be heard by the Regional
Planning
Commission.
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15.20.060 Regional Planning Commission
' A. Establishment and Jurisdiction. The Regional Planning Commission was
established by the Yakima Urban Area Regional Planning Agreement in 1977.
The commission is organized under RCW Chapter 36.70 and serves as a citizen
' advisory group to the legislative bodies on long range planning matters.
B. Authority and Duties.
1. As the long -range planning body for the Yakima Urban Area, the
' Regional Planning Commission shall monitor the growth and
development of the Yakima Urban Area and continually reevaluate
and recommend revisions to the Yakima Urban Area
' Comprehensive Plan and this title;
2. Investigate and make recommendations on other land use matters
either requested by the elected officials or upon, its own initiative;
' 3. Study and report on all proposed text amendments to this title;
4. Review and report to the joint board at least once every seven years
commencing on the date of enactment of this title. This seven year
' report shall:
a. Analyze the extent to which development has actually occurred in
the Yakima Urban Growth Area and evaluate this title in terms of
1 its ability to guide growth in conformance with the Yakima Urban
Area Comprehensive Plan;
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b. Recommend any changes in the zoning map which may be
required in order to accommodate expected residential,
commercial, and industrial development in the Yakima Urban
Growth Area over the next twenty years; and
c. Analyze the need for any other regulations imposed by this title in
terms of changed conditions since the last review.
5. Advise the legislative body on land use matters;
6. Monitor the hearings of the hearing examiner in order to stay
informed on development activities, the concerns of the public, and
the decisions of the Hearing Examiner,
7. Perform any other function authorized by law. r
15.20.070 — Legislative Body
Authority and Duties. The legislative body shall have the following authority
and duties:
1. Decide appeals from the Hearing Examiner as specified in Chapter
15.16;
2. Amend this title through the procedures outlined in Chapter 15.23 of
this title;
3. Amend the Yakima Urban Area Comprehensive Plan;
4. Perform any other act or duty authorized by law.
15.20.080 — No Personal Liability for Acts or Omissions.
Each person responsible for the enforcement or administration of this title and
each official responsible for making any decision or recommendation under
this title is relieved from any personal liability whatsoever from any injury to r
persons or property as a result of his or her acts or omissions in good faith
discharge of his or her responsibilities. If the person or member is sued for acts
or omissions occurring in good faith discharge of his or her responsibilities, the r
county /city shall defend and provide legal representation of the person or
member until final disposition of the proceedings. The county /city shall
reimburse the person or official for any costs incurred in defending against
1
alleged liability for the acts or omissions of the person or members in the good
faith discharge of his or her duties.
15.20.090 — Coordination with County/City
A. Purpose. While this title is enacted and administered separately by the
City of Yakima/County of Yakima, it constitutes a significant joint planning
effort and the furtherance of jointly developed and adopted land use policies
and ordinances by the City of Yakima and Yakima County within the Yakima
Urban Growth Area. The purpose of this section is to encourage and to
authorize officials performing duties and responsibilities under this title to
solicit and consider comments from the other entity, and to authorize the
recognition of the joint nature of this ordinance as a factor in decision making.
B. Coordinated Administration. Any official performing duties or
responsibilities under the provisions of this title may solicit, receive, and
192 r
consider comments by the county /city, on any interpretive, administrative,
enforcement, permit or approval, or other decision under the terms of this title.
,1 Uniform and coordinated administration; enforcement, and decision - making •
under the terms of this title between the City of Yakima and County of Yakima
is declared to be a significant policy /goal of this title, and may be considered as
a factor in any interpretive, administrative, enforcement, quasi judicial, or
legislative decision under the provisions of this title.
15.20.100 — Entrance Onto Private Property
The Department and any Administrative Official, or their authorized
' representatives, shall have the right of entry onto any premises under
consideration for approval or renewal of any permit, certificate, or other
approval authorized or required under the provisions of this title, for the
' purpose of inspecting and reviewing the premises in question. This right of
entry extends to any employee, officer, or other person in the company of such
arid
15. utho20 — persons. Statem of Zoning District by City or County
Officials /Reliance Limited.
'I Any person wishing to know and inquire of the county /city as to the official
zoning district classification allowed by this title for a specific parcel of
property may submit a written request for such information to the appropriate
department on forms prescribed by that department. Such written request shall
` specify or otherwise identify with particularity the parcel involved. The
department shall respond to such requests and designate, if possible, the official
zoning classification of such property. No person contemplating the sale or
purchase of any property, nor any person planning for or constructing
improvements thereto, shall be entitled to rely on any oral or written
representation of zoning district classification by any county /city employee or
official except when an official statement of zoning classification is issued in
writing under the provisions of this section.
15.20.120 — Computation of Time
In computing any period of time prescribed or allowed by this title, the day of
'I the act, event, or default from which the designated period of time begins to run
shall not be included. The last day of the period so computed shall be included
unless it is a Saturday, a Sunday, or a legal holiday, in which event the period
runs until the end of the next day which is neither a Saturday, a Sunday, or a
legal holiday. When the period of time prescribed or allowed is less than seven
days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in
1 the computation. (Ord. 2947 §1 (part), 1986)
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Chapter 15.21
VARIANCES 1
Sections:
15.21.010 Purpose. 1
15.21.020 Application
15.21.030 Criteria for variance approval
15.21.040 Additional criteria for variance approval in the
floodplain and airport overlay districts
15.21.050 Public hearing by the hearing examiner
15.21.060 Action by the hearing examiner
15.21.070 Notice of examiner's decision
15.21.080 Appeals
15.21.010 Purpose
The purpose of this chapter is to empower the hearing examiner to vary or
adapt the strict application of any of the requirements of this title. Provided,
such variance would not be contrary to the public interest, and the strict
application of the particular regulation would result in peculiar, exceptional, 1
and undue hardship on the owner of the property.
It is the intent of this title that the variance be used only to overcome some
exceptional physical condition of land that prevents any reasonable use of the
property.
15.21.020 Application
1
A written application requesting a variance shall be submitted to the
department under the applicable provisions of Chapter 15.11.
15.21.030 Criteria for Variance Approval
A variance shall be granted only when the applicant demonstrates that the
variance will not be contrary to the public interest, is not self - created, and that
practical difficulty and unnecessary hardship will result if it is not granted. The
applicant must clearly establish and substantiate that the request for variance
conforms to all the requirements and standards listed below:
1. That granting the variance will be consistent with the general purpose
and intent of this title and will not be injurious to the neighborhood or
otherwise detrimental to the public welfare.
2. That granting the variance will not permit the establishment of any use
not permitted in a particular zoning district. 1
3. That unique circumstances exist. There must exist special
circumstances or conditions, fully described in the findings, applicable
to the land or structures for which the variance is sought. The special 1
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circumstances or conditions must be peculiar to such land or structures -
and not generally applicable to land or structures in the neighborhood.
The special circumstance or conditions must also be such that the strict
application of the provisions of this title would deprive the applicant of
reasonable use of such land or structure.
4. That unnecessary hardship exists. It is not sufficient proof of hardship
to show that lesser cost would result if the variance were granted.
Furthermore, the hardship complained of cannot be self - created; nor can
it be established on this basis by one who purchases without knowledge
of the restrictions. It must result from the application of this title to the
land or structure. It must be suffered directly by the property in
question, and evidence of variance granted under similar circumstance
shall not be considered. Neither nonconforming uses nor neighboring
lands or structures, nor buildings in other zoning districts, shall be
�. considered as controlling factors for the issuance of a variance.
5. That granting of the variance is necessary for the reasonable use of the •
land or structure, and that the variance as granted by the Hearing
Examiner is the minimum variance that will accomplish this purpose.
'I 15.21.040 Additional Criteria for Variance Approval in the Floodplain
and Airport Overlay Districts
When considering a variance in a floodplain or Airport Overlay, the Hearing
Examiner shall consider, in addition to the conditions in Section 15.21.030, all
technical evaluations, standards applying to the overlay district, and:
'I 1. the danger to life and property due to flooding or airport conflicts;
2. the importance of the services provided by the proposed use to the
community;
3. the necessity to the facility of a waterfront or airport location;
'I 4. the availability of alternative locations for the proposed use which are
not subject to flooding or airport hazards;
5. the compatibility of the proposed use with existing and anticipated
development; and
6. the relationship of the proposed use to the Airport Master Plan and
floodplain
management program.
15.21.050 Public Hearing by the Hearing Examiner.
Y �
�I A public hearing shall be held and notice provided under the provisions of
Chapter 15.11. The applicant shall appear in person or by agent or attorney.
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Failure to appear shall constitute sufficient cause for continuance of the hearing
or denial of the application. Other parties may appear in person or by agent or
attorney, or may submit any written comments.
15.21.060 Action by the Hearing Examiner. 1
Within ten days of the conclusion of the hearing, unless a longer period is
agreed to in the record or in writing by the applicant, the Hearing Examiner
shall file a written on decision that shall include the following considerations:
1. The testimony at the public hearing;
2. The extent to which the proposed variance is in compliance with the a
requirements of Section 15.21.030 and Section 15.21.040, if applicable;.
3. That the variance, if granted, is the minimum variance that will make
possible the reasonable use of the land, or structure; and,
4. The consistency of the variance with the general purpose and intent of
this title.
The Hearing Examiner may attach conditions to the approval of a variance to
minimize the impacts of such approval on the neighborhood. The application -
for a variance shall be denied if the Hearing Examiner finds that one or more of
the provisions of Section 15.21.030 are not met.
15.21.070 Notice of Examiner's Decision 1
Copies of the examiner's decision shall be mailed to the applicant and to other
parties of record not later than three days following the filing of the decision. 1
"Parties of record" shall include the applicant and all other persons who
specifically request notice of the decision by signing a register provided for
such purpose at the public hearing.
15.21.080 Appeals 1
Decisions by the Hearing Examiner may be appealed to the legislative body in
accordance with Chapter 15.16.
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' II Chapter 15.22
i INTERPRETATIONS
'I Sections:
15.22.010 Purpose
15.22.020 Written request for interpretation
15.22.030 Review by the hearing examiner
'I 15.22.040 Notice of examiner's decision
15.22.050 Use interpretations
15.22.060 Interpretations of zoning district boundaries
15.22.070 Appeals
15.22.010 - Purpose
'I The purpose of this chapter is to define the responsibilities, rules and
procedures for clarifying the text of this title, the zoning map that it
incorporates, and the rules and regulations adopted pursuant to it.
15.22.020 - Written Request for Interpretation
'I A written request for interpretation of any provision of this title, useor non use,
the zoning map, or any rule or regulation adopted pursuant to this title, shall be
'I submitted to the department. Each request shall set forth the specific provision
or provisions to be interpreted, and the facts of the specific situation giving rise
to the request for an interpretation.
II
15.22.030 Review by the Hearing Examiner.
The department shall, within five days of the receipt of any request for
interpretation, forward all applications for interpretation to the Hearing
Examiner for decision. The Hearing Examiner may refer any application or
request for interpretation to any interested, affected, or concerned agencies or
persons for review and comment. In addition, the Hearing Examiner may, at his
sole discretion, schedule and hold a public hearing on any proposed.
interpretation issue. Notice of any hearing held to consider an interpretation
shall be mailed to the person requesting the interpretation and published once at
least ten working days prior to the hearing.
15.22.040 - Notice of Examiner's Decision
The Hearing Examiner shall mail a written copy of his interpretation to the
applicant, the Yakima County Planning Department, the City of Yakima
Department of Community and Economic Development, and their respective
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administrative officials. Such notice shall be provided within thirty days from
the date of his receipt of an application for interpretation, or such longer a
period of time as may be agreed to by the applicant.
The Hearing Examiner shall clearly state the analysis and reasons upon which
any interpretation is based and, if the interpretation is a use interpretation, how 1
the interpretation is consistent with the specific conditions established in
Section 15.22.050.
The department shall keep a copy of each interpretation on file and shall make 1
a copy available for public inspection during regular business hours.
1.
15.22.050 - Use Interpretations
The following conditions shall govern the Hearing Examiner in issuing use
111
interpretations. (Also see Section 15.04.040, Unclassified Uses.)
1. No use interpretation shall vary the location or review requirements of 1
any use listed in Table 4 -1 or home occupation listed in Table 4 -2.
2. No use interpretation shall permit any use in any zoning district unless
evidence is presented which demonstrates that it will comply with the
intent and development standards established for the particular district.
3. The following conditions shall govern the Administrative Official in
making use interpretations for the State Fair Park (see YMC 15.04.135(C)(2),
Allowable Uses):
a. The Administrative Official shall be authorized to determine whether a
new or expanded use not otherwise identified in YMC 15.04.135(B), Special
Definitions, is consistent with or similar to those listed prior to issuance of
development permits. Such determination shall be made for the record in a 1
written interpretation.
b. If the Administrative Official cannot conclusively determine that a new
or expanded use is consistent with or similar to those identified within State
Fair Park special definitions, the interpretation question may be referred to the
Hearing Examiner as provided in this chapter. 1
c. Uses found by the Administrative Official or Hearing Examiner to be
consistent with or similar to those special definitions of YMC 15.04.135 shall
be subject to . the appropriate permit review process and development standards
of this title (see YMC 15.05.020(K), site, and 15.12.020(E)). A use not found
to be consistent with or similar to those uses may be considered by the Hearing
Examiner as an unclassified use within the GC district (see YMC 15.04.040).
15.22.060 Interpretations of Zoning District Boundaries 1
The Hearing Examiner shall make interpretations when there is uncertainty
regarding the zoning district boundaries shown on the official zoning map. The 1
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Hearing Examiner shall use the following rules to interpret the precise location
of any zoning boundary shown on the official zoning map:
1. Boundaries shown as following or approximately following the city
limits, plotted lot lines or section lines, half - section lines, or, quarter-
' section lines, shall be construed as following such lines.
2. Boundaries shown as following or approximately following streets shall
be construed to follow the centerlines of such streets.
3. Boundaries shown as following or approximately following railroad
lines shall be construed to lie midway between the main tracks of such
railroad lines.
1 4. Boundaries shown as following or approximately following shorelines
of lakes, rivers and streams shall be construed to follow the shoreline
and, in the event of natural change in the shoreline, shall be construed
1 1 as moving with the actual shoreline.
5. Boundaries shown as following or approximately following the
centerline of streams, rivers, lakes or canals shall be construed as
following such centerlines. In the event of a natural change in the
location of such streams, rivers, or other water courses, the zoning
boundary shall be construed as moving with the channel centerline.
�I 6. Where a public right -of -way is vacated, the vacated area shall have the
zoning district classification of the property to which it accrues.
15.22.070 Appeals
The Hearing Examiner's decision on an interpretation may be appealed under
the provisions of Chapter 15.16.
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Chapter 15.23
AMENDMENTS AND REZONES '
Sections:
1
15.23.010 Purpose
15.23.020 Text amendments
15.23.030 Rezones— Zoning map amendments
15.23.040 Appeals
15.23.050 Classification of annexed lands
15.23.010 - Purpose 1
From time to time, a change in circumstance or condition may warrant a
change in the zoning text or map created by this title. The purpose of this
chapter is to establish the procedures to amend the zoning text and /or map
when the proposed change would be consistent with the goals and policies of
the Yakima Urban Area Comprehensive Plan and the intent of this title.
15.23.020 – Text Amendments
A. Initiation. An amendment to the text standards, procedures, or other
provisions of this title, may be initiated by action of the legislative body with
jurisdiction, or the Regional Planning Commission. 1
B. Action by the Legislative Body. Any amendments in this title shall be by
action of the legislative body with jurisdiction, after a recommendation thereon
from the Regional Planning Commission. Such action shall occur in
accordance with the procedures set forth'in RCW Chapter 36.70 as it now
exists or is hereafter amended.
15.23.030 - Rezones — Zoning Map Amendments 111 A. Initiation. An amendment to the zoning map may be initiated by:
1. Resolution of the legislative body with jurisdiction, or the Regional
Planning Commission; or 1
2. A rezone application filed by the property owner(s).
B. Application. All rezone applications shall be filed with the department. 1
The
Department shall process the application under the provisions of Section
15. 11.080. The application shall include the information required in
Section 15.11.030 and the signature of the owner(s) of the property.
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C. Public Hearing by the y e Hearing Examiner. Upon receipt of a complete
application for a rezone, the department shall forward the application to the
Hearing Examiner for public hearing and review. Provided, that rezone
applications initiated by the City or County to implement a newly adopted
I or amended Comprehensive Plan, or which are of broad general
applicability, shall be heard by the Regional Planning Commission under
the provisions of RCW Chapter 36.70. The public hearing shall be held and
notice provided under the provisions of Chapter 15.11.090. The applicant
shall appear in person or by agent or attorney. Failure to do so shall
constitute sufficient cause for continuance or denial of the requested action.
I Other parties may appear in person or by agent or attorney, or may submit
written comments.
I D. Recommendation by the Regional Planning Commission. The Regional
Planning Commission may, if requested by the Hearing Examiner, submit a
recommendation on the proposed rezone to the Hearing Examiner prior to
I the issuance of his decision. The recommendation of the Regional Planning
Commission shall in no way be binding on the Hearing Examiner.
E. Decision by the Hearing Examiner. Within ten days of the conclusion
I of the hearing, unless a longer period is agreed to in writing by the
applicant, the examiner shall issue a written recommendation to approve,
approve with conditions or deny the proposed rezone. The
I recommendation shall include the following considerations:
1. The testimony at the public hearing;
2. The suitability of the property in question for uses permitted
9 under the proposed zoning;
3. The "recommendation from interested agencies and
I departments;
4. The extent to which the proposed amendments are in
compliance with and /or deviate from the goals and policies as
adopted in the Yakima Urban Area Comprehensive Plan and the
III intent of this title;
5. The adequacy of public facilities, such as roads, sewer, water
and other required public services;
I 6. The compatibility of the proposed zone change and associated
uses with neighboring land uses; and,
7. The public need for the proposed change.
1 • Notice of the Hearing Examiner's recommendation shall be mailed to the
applicant at the address provided on the application form. The decision of
the Hearing Examiner on rezone applications shall constitute a
1 recommendation to the legislative body.
F. Action by the Legislative Body. Upon receipt of the Hearing
I Examiner's recommendation on a proposed rezone, the legislative body
shall hold a public meeting and affirm or reject the Hearing Examiner's
decision.
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The legislative body shall conduct its own public hearing when it rejects the
recommendation of the hearing examiner or desires additional public
testimony. Notice of the public hearing shall be given in the manner set
forth in Section 15.11.090. In either case, the findings of the legislative
body shall include the considerations established in subsection E of this
section.
G. Time Limit and Notification. Proposed amendments shall be decided
by the legislative body as soon as practicable and the applicant shall be
notified in writing whether the rezone has been granted or denied.
15.23.040 Appeals 11
The decision of the legislative body shall be final and conclusive unless within
thirty days from the date of final action an aggrieved party obtains an 1
appropriate writ of judicial review from the Yakima County Superior Court for
the purpose of reviewing the action taken. The appellant shall provide, or pay
the cost of preparing, a verbatim transcript of the proceedings required for 1
judicial review. With the consent of the superior court, the parties may agree to
provide a verbatim audio record of the proceedings for review by the superior
court.
15.23.050 Classification of Annexed Lands 1
The zoning of land hereafter annexed to the City of Yakima shall not change
upon annexation. Provided, the City Council may initiate and consider a
rezone of the property proposed for annexation under the provisions of Chapter
15.23, and may adopt the zone change upon annexation.
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Chapter 15.24
�I REVOCATION OF PERMITS OR APPROVALS
�I Sections:
�I 15.24.010 Authority
15.24.020 Grounds for permit revocation
15.24.030 Public hearing by the hearing examiner
15.24.040 Decision by the hearing examiner
15.24.050 Notice of examiner's decision
15.24.060 Permit revocation not an exclusive action
�I 15.24.070 Appeals
15.24.080 Violation
15.24 .010 - .0 0 Authority
al The Hearing Examiner may, under the provisions of this chapter and upon
petition by the Administrative Official, or the legislative body, revoke or
modify any permit, Certificate of Zoning Review, variance, home occupation
permit, temporary hardship permit, or other permit or approval previously
made or granted under the provisions of this title.
15.24. 020 - Grounds for permit revocation
Such revocation or modification shall be made only on one or more of the
following grounds:
•
1. That the approval was obtained by fraud or material misrepresentation;
2. That the permit or approval is being, or has been recently, exercised or
used contrary to the terms or conditions of such permit or approval, or
�I in violation of any other statute, ordinance, or law, and administrative
efforts by the department and /or Administrative Official have been
ineffective.
m
15.24.030 — Public Hearing by the Hearing Examiner
�I The Hearing Examiner shall hold a public hearing prior to the revocation or
modification of any permit. Prior notice of such hearing and its purpose shall
be given to the holder of the permit and the legal title holder of the property at
least ten days prior to the hearing. If the subject property is not occupied,
notice of the hearing shall be posted on the property in a conspicuous place and
mailed to the last known address of the permit's applicant.
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15.24.040 — Decision by the Hearing Examiner
Within ten days of the conclusion of the hearing, unless a longer period is
agreed to on the record or in writing by the applicant, the examiner shall issue a
written decision to approve or deny the request for permit revocation. His
written decision shall include the following considerations: 1
The testimony at the public hearing;
The recommendation from interested agencies and departments, and 1
The grounds for permit revocation established in Section 15.24.020.
The Hearing Examiner may, on his own motion or upon request of the permit
holder, defer the effective date of any revocation and grant the permit holder an
opportunity to affirmatively demonstrate to the examiner compliance with this
title or correction of any violation. The examiner may grant or impose interim
terms and conditions of the approved use, construction, alteration, or
occupancy of the premises covered by the permit or approval.
15.24.050 — Notice of Examiner's Decision
Copies of the examiner's decision shall be mailed to the permit holder, legal 1
title holder, and the official or body petitioning for permit revocation not later
than three days following the filing of the decision.
15.24.060 — Permit Revocation not an Exclusive Action
The provisions of this chapter are completely supplemental to other provisions
of this title. Provisions herein are neither an exclusive remedy nor a
prerequisite for any other administrative or judicial action authorized under this
title.
15.24.070 — Appeals
Any decision of the Hearing Examiner hereunder shall be final unless appealed
in accordance with Chapter 15.16. 1
15.24.080 — Violation 1
Continued use or occupancy of land or structures after the effective date of any
revocation, and with knowledge that a permit or approval has been revoked
under this chapter, constitutes a special violation of this title and is punishable
under Section 15.25.020(B).
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Chapter 15.25
VIOLATIONS AND ENFORCEMENT AND ADMINISTRATION
Sections:
15.25:010 Violations unlawful
15.25.020 Criminal penalties
15.25.030 Civil penalties
15.25.040 Continued violations remedies penalties .
15.25.050 Persons liable
15.25.060 Enforcement and administration
15.25.070 Collection of civil penalties
15.25.080 Disposition of civil penalties collected
15.25.010 — Violations Unlawful
Violations of, or failure to comply with, the provisions of this title shall be and
hereby are declared to be unlawful.
1
15.25.020 — Criminal Defense Penalties
1 A. General Penalties. Any person, firm or corporation violating any of
the provisions of this title, or violating or failing to comply therewith, or
violating or failing to comply with any order made or issued pursuant
thereto (unless otherwise stated), shall for each and every violation and
noncompliance respectively be guilty of a misdemeanor. Any person so
convicted shall be punished for each offence by a fine or not more than
five hundred dollars or by imprisonment for not more than ninety days,
or by both such fine and imprisonment. Provided, that except for the
violations specified in Section 15.25.020(B) and Section 15.25.060(D),
a person not previously convicted of any violation of this title and who
is not convicted of more than one violation shall be punished by a fine
only, not to exceed five hundred dollars.
B. Special Penalty. Any person who continues to use or occupy land or
structures with knowledge that a permit or approval has been revoked
J under Chapter 15.24 of this title shall, upon' conviction thereof, be
punished for each offense by a fine of not less than two hundred fifty
dollars nor more than five hundred dollars, or by imprisonment for not
1
more than ninety days, or by both such fine and imprisonment. The
minimum, fine imposed by this section shall not be suspended or
deferred. -
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C. Abatement. Persons convicted for violations of this title may be
ordered by the court to abate any use or structure in violation of the
provisions of this title and shall be charged with the cost of abatement
in the manner provided by law.
1
15.25.030 — Civil Penalty
In addition to any other penalty or remedy provided herein by law, a civil
penalty in the amount of fifty dollars per day is hereby imposed upon any
person, firm, or corporation which violate the provisions of this title. Such
civil penalty shall accrue from the date set for correction established by the 1
building and enforcement official pursuant to Section 15.25.060(C), and shall
continue until the violation is corrected. The civil penalty constitutes a
personal obligation of the person or persons to whom the notice of 1
noncompliance set forth in Section 15.25.060(C) is in effect. The prosecuting
attorney /city attorney, on behalf of the county /city, is authorized to collect the
civil penalty by use of appropriate legal remedies, the seeking or granting of 1
which shall neither stay nor terminate the accrual of additional civil penalties
so long as the violation continues.
If a violation is not corrected . by the time established by the notice of 1
noncompliance, or any extensions thereof, the building official shall cause a
notice of lien to be filed in the Yakima County auditor's office. Said notice of
lien shall contain the legal description of the property and a copy of the notice
of violation, together with proof of service of the notice of noncompliance as
set forth in Section 15.25.060(C). Upon date of filing such notice of lien, a lien
shall exist in favor of the city or county (whichever takes the action) to secure 111.
the payment of the civil penalty imposed by this title. Any person who takes or
acquires any interest in said property subsequent to filing of said notice of lien
shall take subject to said lien. The lien may be foreclosed by the county /city in
the manner provided by law for the foreclosure of mortgages
1
15.25.040 — Continued Violations — Remedies and Penalties
Any imposition of one penalty for any violation shall not excuse the violation 1
nor permit it to continue. Any person, firm, or corporation shall be required to
correct such violation or defects.
1. Each seven -day period in which a violation continues after the effective 1
date for correction, as set forth in the notice of noncompliance provided in
Section 15.25.060, shall constitute a separate criminal offense unless time
for correction is otherwise expressly extended in writing by the building
and enforcement official, or unless otherwise stayed as authorized under
this title. Provided, that where the building and enforcement official has
ordered any work or occupancies or where any certificate or permit of
approval has been revoked or suspended, each and every day that such
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work or occupancy continues or is permitted to continue shall constitute a
separate criminal offense.
a 2. Any person, firm, or corporation who violates the provisions of this title
shall incur a cumulative civil penalty as set forth in Section 15.25.030, in
the amount of fifty dollars per day from the date set for correction pursuant
to said provisions until the violation is corrected.
3. In addition to any criminal or • civil proceedings authorized under this
chapter to enforce this title, and in addition to any fine, imprisonment, or
• penalty provided for therein, continuing violations of this title may be
enjoined or ordered abated in civil proceedings for injunction or abatement
or other equitable relief. For purposes of such actions, violations of this
title are declared to be public nuisances.
111 4. The prosecuting attorney /city attorney on behalf of the county /city and the
public may pursue civil remedies to enforce compliance with the provisions
•
of this title. A private person directly affected by a violation of this title
•
may pursue civil remedies as provided herein, or as otherwise provided by
law to enforce compliance with, or recover damages for, its violation.
Provided, that a private person may not pursue to enforce the civil penalty
as set forth in subdivision 2 of this section and in Section 15.25.030.
15.25.050 — Persons Liable
The owners, lessee, or tenant of any building, structure, premises, or part
thereof, and the architect, builder, contractor, employee, agent, or other person
who commits, authorizes, participates in, assists in, or who maintains after
notice a violation of this title, may each be•found guilty of a separate offense
and suffer the penalties provided in Section 15.25.020, and may be held jointly
and severally liable in civil action brought to enforce the provisions of this title.
1 15.25.060 — Enforcement and Administration
A. General. The Administrative official is hereby authorized.and directed
to enforce the provisions of this title. The Administrative Official may
employ, appoint and designate such employees, representatives or
officers to act on his behalf in the enforcement of this title under such
control and supervision as the Administrative Official may specify.
Any reference herein to the Administrative Official shall also refer to
his duly authorized representatives. The Administrative Offical, or his
1 authorized representatives shall either upon complaint, or upon his
own initiative, investigate potential violations of this title. It shall be
the duty of all the city /county officers to assist the Administrative
1 Officail or his authorized representatives in the performance of this
•
•
duty. It shall be the duty of all officers charged with the enforcement
of the law to assist in the enforcement of this title and its provisions.
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B. Entrance on to Private Property. When necessary to perform any of
his duties under this title or to investigate upon reasonable cause or
complaint the existence or occurrence of a violation of this title, the
Administrative Official may enter onto property to inspect the same or
to perform any duty imposed or authorized by this title. Provided, that
if such building or premises be occupied and not a public place he
shall first present proper credentials and request entry; and if such
building or premises be unoccupied, he shall first make a reasonable
effort to locate the owners or other persons having charge or control
of the building or premises and request entry. If such entry is refused,
the Administrative Official or his authorized representative shall have
recourse to every remedy provided by law to secure entry. The right
of entry authorized for this section extends to any employee, officer,
or person that accompanies the building and enforcement official or
his authorized representatives.
All permits and approvals issued under the provisions of this title
are hereby conditioned on free access by the Administrative Official
to the property, premises and /or structures involved during any period.
of construction, improvement, or change, for inspections to assure
compliance with this title and any conditions of approval for such
permit or approval. The Administrative Official may enter onto
private property, premises and /or structures during any such period of
construction, improvement, or change being done pursuant to a permit
or approval for such purposes. Provided, that if the property,
premises, or structures are occupied he shall first notify the occupant
prior to entry. 1
C. Notice of Noncompliance. If the Administrative Official determines
that any activity, condition, structure, or use exists that does not 1
conform to the provisions of this title he may issue a notice of
noncompliance directed to the record owner of the property and /or to
such other persons as are causing or contributing to such 1
noncompliance.
A notice of noncompliance shall contain:
1. The name and address of the record owner or other person to 1
whom the notice of noncompliance is directed;
2. The street address when available or a legal description sufficient
for identification of the structure, premises, or land upon which
the noncompliance is occurring;
3. A statement of the action required to be taken as determined by the
Administrative Official and a date for correction which shall be
not less than three weeks from the date of service of the notice of
noncompliance unless the Administrative Official has determined
the noncompliance to be immediately hazardous;
4. A statement that a cumulative civil penalty in the amount of fifty
dollars per day shall be assessed against the person or persons to
208 1
whom the notice of noncompliance is directed for each and every
day followi the date set for correction on which the
noncompliance continues; and,
5. A statement that the Administrative Official's determination of
noncompliance may be appealed to the hearing examiner upon
written notice of appeal together with the payment of a filing fee
in accordance with Chapter 15.16, that such appeal shall be filed
with the department issuing the notice within fifteen days of
service of the notice of noncompliance, and that the per diem civil
penalty shall continue to accrue during the pendency of such
administrative appeal but is dependent on the outcome of the
appeal; and,
6. A statement that the civil penalty constitutes a lien on the property
where the violation is occurring and that such lien may be
foreclosed and property sold to satisfy said lien and penalty.
The notice of noncompliance shall be served upon the person or
persons to whom it is directed either personally in the manner
provided for by personal services of summons and complaints or by
mailing a copy of the notice of noncompliance by certified mail,
postage prepaid, return receipt requested, to such person at his last
known address. Proof of such service shall be made at the time of
service by a written declaration under penalty of perjury executed by
the person making service, declaring the time, date, and manner by
which service was made.
A notice of noncompliance issued pursuant to this section
constitutes the determination from which an administrative appeal
may be taken pursuant to the provisions of Chapter 15.16 of this title.
The cumulative civil penalty provided for in Sections 15.25.030 and
15.25.040 shall continue to accrue during the pendency of such
appeals but shall be dependent on the outcome of the appeal.
For good cause shown, the Administrative Official may extend the
date set for correction of the notice of noncompliance; provided that .
such an extension shall not affect or extend the time in which an
administrative appeal must be commenced nor shall such extension be
1 for a period of time in excess of one hundred eighty days.
® D. Stop Orders. If the Administrative Official determines that any
activity is being established or any improvement is being erected or
altered that does not conform to this title; he may issue an order to
stop the activity. The Administrative Official shall prominently post
1 this order on the subject property and shall make reasonable attempts
to forward a copy of the order to the owner of the property, the person
in charge of the property or occupant thereof, or the person causing
the activity to be established or conducted or the improvement to be
erected or altered. When any order to stop activity has been posted on
the subject property it is unlawful for any person with active or
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constructive knowledge of the order to conduct the activity or do the
work covered by the order until the Administrative Official has
removed the posted copy of the order and issued a written
authorization for the activity or work to be continued. Violation of an
order to stop activity constitutes a separate offense under the
provisions of section 15.24.020.
E. Citations. Whenever the Administrative Official determines that
administrative effort to correct violations of this title would be, or has
been, useless or ineffective, he may cause to be initiated criminal
proceedings for such violation or violations. In addition to any other
means authorized by law for initiation of criminal complaints, the
Administrative Official has the authority to issue and serve a citation
when the violation is committed in his presence or to directly file a
citation in court if a person refuses to sign a promise to appear or if
upon investigation he has reasonable cause to believe that a person or
persons has committed a violation of this title. Such citations shall be
on forms prescribed or approved by the administrator for the courts of
the state of Washington. The Administrative Official is hereby
granted the authority to and shall directly file such citations with the
appropriate Municipal Court which filing shall constitute a lawful
complaint for initiating criminal charge for violation of the ordinance
codified in this title. The court shall issue process for the attendance
of the person charged as otherwise allowed or prescribed by law or
court rule. It shall be the responsibility of the prosecuting authority of
the appropriate jurisdiction to prosecute such cases in the name of the
city /county.
15.25.070 Collection of Civil Penalties. 1
The Administrative Official and the prosecuting authority of the county /city are
hereby authorized to take action to collect and /or enforce any civil penalty
imposed by this title. When a settlement or compromise of any civil penalty
would be in furtherance of the objectives and purposes of this title, the
prosecuting authority may settle or compromise any civil penalty in an amount 1
deemed appropriate by such authority.
15.25.080 Disposition of Civil Penalties Collected.
Any civil penalties assessed herein and collected shall be paid into the general
fund of the county /city.
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Chapter 15.27
Critical Areas
TABLE OF CONTENTS
1
Part One GENERAL PROVISIONS
Part Two DEFINITIONS
1 Part Three APPLICATION AND REVIEW PROCEDURES
Part Four FLOOD HAZARD AREAS
Part Five FISH AND WILDLIFE HABITAT AND THE STREAM
CORRIDOR SYSTEM
Part Six WETLANDS
Part Seven GEOLOGICALLY HAZARDOUS AREAS
1 Part Eight CRITICAL AQUIFER RECHARGE AREAS
Appendix A Designated Type 2 Stream Corridors
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Chapter 15.27
Part One
GENERAL PROVISIONS
Sections:
15.27.100 Chapter and Authority
15.27.110 Language Interpretation
15.27.120 Purpose of Chapter
15.27.130 Intent of Chapter
15.27.140 Applicability
15.27.150 Science and Protection of Anadromous Fish
15.27.160 Administrative Authority
15.27.170 Severability
15.27.100 Chapter and Authority
Ch. 15.27 is established pursuant to RCW 36.70A.060 (Growth
Management Act Natural Resource Lands and Critical Areas --
Development Regulations), RCW Ch. 43.21C (State Environmental
Policy Act), and federal requirements for eligibility in the National
Flood Insurance Program, pursuant to Title 42 of the Code of Federal
Regulations (CFR). This chapter shall be known as the "Critical Areas
Ordinance of the City of Yakima, Washington."
15.27.110 Language Interpretation
Unless specifically defined in Part Two ( §§ 15.27.200 — 299C), words, phrases
and terms in this chapter shall be interpreted to provide meaning and to give
this chapter it's most reasonable application.
a. "shall" is mandatory;
b. "may" is discretionary and does not impose a requirement;
c. "should" is always advisory;
d. "include(s)" means the containment within as a subordinate part of a
larger whole.
When not inconsistent with the context, words used in the present tense include
the future; the singular includes the plural; and the plural, the singular.
15.27.120 Purpose of Chapter
The purpose of Ch. 15.27 is to establish a single, uniform system of procedures 1
and standards for development within designated critical areas within the
incorporated City of Yakima and its Urban Growth Area.
15.27.130 Intent of Chapter
1) Ch.15.27 establishes policies, standards, and other provisions pertaining to
development within designated critical areas regulated under the provisions of
the Growth Management Act (RCW 36.70A) and development regulated under
the National Flood Insurance Program. Wetlands, streams, stream corridors 1
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and rivers, areas with a critical recharging effect on aquifers used for potable
water, fish and wildlife habitat conservation areas; frequently flooded areas;
and geologically hazardous areas constitute the City of Yakima's critical areas
pursuant to WAC 365- 190 -030. These areas are of special concern to the
people of the City of Yakima and the State of Washington because they are
environmentally sensitive lands, or hazardous areas, .which comprise an
important part of the state's natural resource base. The policies, standards, and
procedures of this chapter are intended to:
a) Preserve development options within designated critical . areas where
such development will result in the level of "No net loss" of the
functions and values of the critical areas;
b) Where appropriate, avoid uses and development which are incompatible
with critical areas;
c) Prevent further degradation of critical areas unless the degradation has
occurred beyond feasible protection;
d) Conserve and protect essential or important natural resources;
e) Protect the public health, safety, and general welfare;
f) Further the goals and policies of the Yakima Urban Area
Comprehensive Plan;
g) Implement the goals and requirements of the Washington Growth
Management Act (RCW Chapter 36.70A), and the National Flood
Insurance Program (CFR Title 42);
h) Recognize and protect private property rights;
i) Provide development options for landowners of all existing lots to the
greatest extent possible, through the establishment of Adjustment,
Reasonable Use, and Non - Conforming Use and Facility provisions;
2) The policies, standards and procedures of this chapter are not intended to:
a) Regulate the operation and maintenance of existing, legally established
uses and structures, including but not limited to vegetative buffers on
existing uses that have been reduced in width prior to the effective date
of this chapter;
b) Result in an unconstitutional regulatory taking of private property;
c) Require the restoration of degraded critical areas for properties in a •
degraded condition prior to the effective date of this chapter unless
1 improvement of the buffer is needed for new development proposed on
the property;
d) Presume that regulatory tools are the only mechanism for protection;
and
e) Prohibit the use of valid water rights.
15.27.140 Applicability
1) The provisions of this chapter shall apply to any new development,
construction, or use within the incorporated portion of the City of Yakima
and its Urban Growth Area designated as a critical area and upon any land
mapped and designated as a special flood hazard area under the National
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Flood Insurance Program. However, this chapter does not apply to the
situations below, except that the Flood Hazard protection provisions of §
15.27 Part Four will continue to apply as determined by §§ 15.27.400 -406:
a) Within designated critical areas, there may exist lots, structures, and /or
uses which were lawfully established prior to the adoption of this
chapter, as provided below, but which would be subsequently
prohibited, regulated, or restricted under this chapter. Such existing
lots, structures, and /or uses shall be classified as legally non-
conforming uses.
1) It is the intent of this chapter to permit these pre - existing
legally non - conforming uses and structures to continue until
such time as conformity is possible;
i. Critical areas on federally owned lands are not subject
to the provision of this chapter;
ii. Minor, temporary, or transient activities (including
those of a recreational nature) that do not alter the
environment or require a dedicated staging area, use
area, or route (including temporary signs) are not subject
to this chapter;
ii. Mining, as defined in § 15.27.265, which is
carried out under a Washington Department of Natural
Resources reclamation permit is not subject to the
geologically hazardous areas provisions of this chapter
for erosion hazard areas, over steepened slope hazard
areas, landslide hazard areas and suspected geologic
hazard areas. Other critical areas provisions continue to
apply.
•
2) The adoption and amendment dates of the relevant 1
regulations are provided below;
i. Critical Areas Ordinance adopted 1998;
ii. Flood Hazard Ordinance adopted 1981. 1
2) Other rules and regulations, including the City of Yakima Subdivision
Ordinance (YMC Title 14), the City of Yakima Urban Area Zoning
Ordinance (YMC Title 15), and the Buildings Ordinance (YMC Title 11), ®.
shall remain in full force and effect as they apply to a designated critical
area. Wherever the requirements of Ch. 15.27 conflict with the
requirements of the Yakima Urban Area Zoning Ordinance, the
Subdivision Ordinance or any other lawfully adopted municipal rules or
regulations, the most restrictive standards shall apply. 1
15.27.150 Science and Protection of Anadromous Fish.
This chapter has been updated consistent with the requirements for using the
best available science and protection of anadromous fish as required by:
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1) RCW 36.70A.172 Critical Areas -- Designation and Protection -- Best
Available Science to be Used; and
2) WAC 365- 195 -900 through 925 Growth Management Act —
Procedural Criteria for Adopting Comprehensive Plans and
Development Regulations – Part 9 - Best Available Science.
1
15.27.160 Administrative Authority
(1) The City of Yakima Community & Economic Development
Department – Code Administration & Planning Division shall
be responsible for the general administration of this chapter. The
1 Director of the Community & Economic Development
Department or the Director's designee shall serve as the
Administrative Official of this chapter, except as noted in Part
1
Four §§ 15.27.400 - 436. The Administrative Official shall
establish procedures for implementation of this chapter.
(2) A written request for an interpretation of any provision of this
1 chapter may submitted to the Administrative Official. Each
request shall set forth the specific provision(s) to be interpreted
and the facts of the specific situation giving rise to the request
for an interpretation. Interpretations shall be processed in
accordance with YMC Ch. 15.22 Interpretations.
15.27.170 Severability
If any provision of this chapter or its application to any person or legal entity or
circumstances is held to be invalid, the remainder of said chapter or the
application of the provision to other persons or legal entities or circumstances
shall not be affected.
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Chapter 15.27 1
PART TWO
DEFINITIONS
15.27.200 Definitions Generally
Definitions listed in Part Two of this document shall be applied to the
regulations, review, and administration of all critical areas, including Flood
Hazard Areas, unless the definition itself identifies the term as applying to
Flood Hazard administration, in which case the definition only applies to that
situation.
15.27.201 Abutting 1
"Abutting" means bordering upon, to touch upon, or in physical contact with.
Sites are considered abutting even though the area of contact may be only a
point. 1
15.27.202 Adjacent
"Adjacent" means to be nearby and not necessarily abutting.
15.27.203 Administrative Official
"Administrative Official" means the duly appointed Director of Community &
Economic Development Department or a designee, or the relevant decision
1
maker identified in Ch. 15.27 Project Permit Administration, synonymous with
"administrator" or "director."
15.27.204 Alluvial fan 1
"Alluvial fan" is a low, outspread, relatively flat to gently sloping feature,
shaped like an open fan or a segment of a cone, deposited by a stream at the
place where it issues from a valley upon a plain or broad valley; where a
tributary stream is near or at its junction with the main stream; or wherever a
constriction in a valley abruptly ceases or the gradient of the stream suddenly
decreases. It is steepest near the mouth of the valley where its apex points
upstream and it slopes gently and convexly outward with gradually decreasing
gradient.
15.27.205 Applicant -
"Applicant" means a person, party, firm, corporation, or other legal entity that
proposes development, construction, or use on a parcel of property. 1
15.27.206 Aquifer
"Aquifer" means a saturated geologic formation, which will yield a sufficient
quantity of water to serve as a private or public water supply.
15.27.207 Bank
"Bank" means the land surface above the ordinary high water mark that abuts a
body of water and contains it to the bank full depth.
15.27.208 Bankfull depth
"Bankfull depth" means the average vertical distance between the channel bed 1
and the estimated water surface elevation required to completely fill the
channel to a point above which water would enter the floodplain or intersect a
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terrace or hillslope. Incases where multiple channels 'exist, the bankfull depth
is the average depth of all channels along the cross - section.
15.27.209 Base Flood.
"Base Flood" for purposes of administering Part Four means the flood having a
one (1 %) percent chance of being equaled or exceeded in any given year. (See,
11 IBC 1612.2)
15.27.210 Base Flood Elevation
11 "Base flood elevation" for purposes of administering Part Four means the
elevation of the base flood, including wave height, relative to the National
Geodetic Vertical Datum, North American Vertical Datum, or other datum
specified on the Flood Insurance Rate Map . (See, IBC 1612.2)
15.27.211 Basement.
"Basement" for purposes of administering Part Four means any area of the
building having its floor subgrade (below ground level) on all sides. (See, IBC
1612.2)
15.27.212 Bed
"Bed" means the land below the ordinary high water lines of state waters. This
definition shall not include irrigation ditches, canals, storm water run -off
devices, or other artificial watercourses except where they exist in a natural
watercourse that may have been altered by unnatural means.
1 15.27.213 Bedrock
"Bedrock" means the solid rock underlying unconsolidated surface materials.
15.27.214 Berm
"Berm" means a mound or wall of earth material used as a protective barrier or
• to control the direction of water flow.
15.27.215 Best Management Practices
"Best management practices" or "BMPs" means schedules of activities,
practices, maintenance procedures, and structural and /or managerial practices
that, when used singly or in a combination prevent or reduce adverse impacts to
the environment.
1 Bioengineering
"Bioengineering" means project designs or construction methods, which use
live woody vegetation or a combination of live woody vegetation and specially
developed natural or synthetic materials, to establish a complex root grid within
the existing bank which is resistant to erosion, provides bank stability, and
maintains a healthy riparian environment with habitat features important to fish
life. Use of wood structures or limited use of clean angular . rock may be
allowable to provide stability for the establishment of vegetation.
15.27.217 Breakwater
"Breakwater" means a fixed or floating off -shore structure that protects the
shore from the forces of waves or currents.
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15.27.218 Bulkhead
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"Bulkhead" means a vertical or nearly vertical erosion protection structure
placed parallel to the shore consisting of concrete, timber, steel, rock, or other
permanent material not readily subject to erosion.
15.27.219 Building Official 1
"Building Official" means the manager of the Code Administration and
Planning Division or a designee.
15.27.220 Channel
"Channel" means an open conduit, either naturally or artificially created, which
periodically or continuously contains moving water, or which forms a
connecting link between two bodies of water.
15.27.221 Classification
"Classification" means value and hazard categories to which critical areas and
natural resource lands will be assigned.
15.27.222 Clearing 1
"Clearing" means the removal of timber, brush, grass, ground cover or other
vegetative matter from a parcel of land.
15.27.223 Compaction
"Compaction" means compressing soil or other material through some
mechanical means to make it denser.
15.27.224 Construction
"Construction" means the assembly, placement, or installation of structures, 1
roadways, transmission lines, and other improvements within a parcel of land.
15.27.225 Construction Materials
`'Construction Materials" for the purpose of Part Four means all new 1
construction and substantial improvements shall be constructed with material
and utility equipment resistant to flood damage (See Technical Bulletin 2 -93
for qualifying materials. (FEMA §60.3(a)(3)(ii)
15.27.226 Construction Methods
"Constructions Methods" for the purpose of Part Four means all new
construction and substantial improvements shall be constructed using methods
and practices that minimize flood damage.
15.27.227 Critical Aquifer Recharge Area
"Critical Aquifer recharge area" means an area with a critical recharging effect
on an aquifer(s) used for potable water or areas where a drinking water aquifer
is vulnerable to contamination that would affect the potability of the water.
15.27.228 Designated
"Designated" means formal legislative action to identify and describe a critical
area. 1
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15.27.229 Department
"Department" means the City of Yakima Department of Community &
Economic Development.
15.27.230 Development
"Development" means the division of land into lots or parcels in accordance .
with the City's Subdivision Ordinance (YMC 14), and any clearing,
excavation, dredging, drilling, filling, dumping, removal of earth and mineral
materials, or other permanent or temporary modification of a parcel of land up
to, but not including, construction as defined in this chapter. For the purpose of
§§ 15.27.400 - 436, "development" also means any manmade change to
improved or unimproved real estate located within a special flood hazard area,
including but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation, drilling, temporary or permanent storage of
equipment and works defined in this chapter. (See, IBC G 201.2)
15.27.231 Dike
"Dike" means an embankment to prevent flooding by a stream or other water
body. A dike is also referred to as a levee.
15.27.232 Dock
"Dock" means a structure built over or floating upon the water and used as a
landing place for boats and other marine transport, fishing, swimming, and
other recreational uses.
15.27.233 Dredging
"Dredging" means removal of earth from the bed of a stream, lake, or pond for
the purpose of increasing the depth of surface water or obtaining minerals,
construction aggregate, or . landfill materials. This definition does not include
excavation for mining within a pond created by a mining operation approved
under this chapter or under a local zoning ordinance, or a mining operation in
existence before Zoning, Shorelines, or Critical Areas permits were required
' for such operations.
15.27.234 Earth Material
"Earth material" means any rock, natural soil, organic material or combination
thereof.
15.27.235 Enhance
"Enhance" means to strengthen any of the basic functional properties listed in §
15.27.504 that exist but do not perform at optimum efficiency. "Optimum"
refers to the most favorable or best performance of each function achievable for
a specific segment of stream corridor.
15.27.236 Ephemeral Stream
"Ephemeral stream" means a stream that flows only in response to precipitation
i with no groundwater association, usually 30 . days or less per year. The lack of
any groundwater association results in a lack of a distinctive riparian vegetation
compared to the surrounding landscape.
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15.27.237 Erosion 1
"Erosion" means the wearing away of the earth's surface as a result of the
movement of wind, water, or ice.
15.27.238 Excavation
"Excavation" means the mechanical removal of earth material.
15.27.239 Fill 1
"Fill" means the addition of any material, such as (by way of illustration) earth,
clay, sand, rock, gravel, concrete rubble, rubble, wood chips, bark, or waste of
any kind, which is placed, stored or dumped upon the surface of the ground
resulting in an increase in the natural surface elevation. The physical structure
of a shore stabilization structure shall not be considered fill. However, fill 1
placed behind the structure is considered fill. Stream bed manipulation for
irrigation diversions shall not be considered fill.
15.27.240 Flood 1
"Flood" means a general and temporary condition of partial or complete
inundation of normally dry land areas from the unusual and rapid accumulation
of runoff of surface waters from any source.
15.27.241 Flood Hazard Permit
"Flood hazard permit" means written approval applied for and obtained in 1
accordance with such rules and regulations as are established under this
chapter.
15.27.242 Flood Insurance Rate Map
"Flood insurance rate map (FIRM)" means the official map on which the
Federal Emergency Management Agency has delineated both the areas of
special flood hazards and the risk premium zones applicable to the community.
15.27.243 Flood Insurance Study
"Flood insurance study" means the official report provided by the Federal
Emergency Management Agency that includes flood profiles, the flood
boundary - floodway map, and the water surface elevation of the base flood. 1
15.27.244 Floodplain
"Floodplain" means a land area adjoining a river, stream, watercourse or lake
which has been determined likely to flood. The extent of the floodplain may 1
vary with the frequency of flooding being considered as per FEMA FIRM
Maps. "Flood plain" is synonymous with the one hundred (100) year
floodplain and means that land area is susceptible to inundation with a one (1)
percent chance of being equaled or exceeded in any given year.
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15.27.245 Flood -prone -
"Flood- prone" means a land area for which a floodway and floodplain has not
been determined with respect to any specific flood frequency, but for which the
potential for flooding can be identified by information observable in the field
' such as soils or geological evidence, or by materials such as flood studies,
topographic surveys, photographic evidence or other data.
15.27.246 Flood- proofing
"Flood- proofing" for purposes of administering "Part Four" means any
combination of structural and nonstructural changes or adjustments to
structures, which reduce or lessen flood damages to lands, water or wastewater
treatment facilities, structures and contents of buildings.
15.27.247 Floodway
"Floodway" means the regular channel of a river, stream, or other watercourse,
plus the adjacent land areas that must be reserved in order to discharge the base
flood without cumulatively increasing the water surface elevation more than
one (1) foot.
15.27.248 Floodway Fringe
"Floodway fringe" for purposes of administering Part Four means that portion
of a floodplain which is inundated by floodwaters but is not within a defined
floodway. Floodway fringes serve as temporary storage for floodwaters.
15.27.249 Grade '
"Grade" means the vertical location of the ground surface.
15.27.250 Grade, Existing
"Grade, Existing" is the current grade in either its undisturbed, natural
condition or as disturbed by some previous modification.
15.27.251 Grade, Finish
"Grade, Finish" is the final grade of the site which conforms to an approved .
plan.
15.27.252 Grade, Natural
"Grade, Natural" is the grade as it exists or may have existed in its original
undisturbed condition.
15.27.253 Grade, Rough
"Grade, Rough" is a stage where grade conforms approximately to an approved
plan.
' 15.27.254 Grading
"Grading" means any excavation, filling, or combination. thereof.
15.27.255 Groundwater
' "Groundwater" means water that occurs beneath the land surface, also called
subsurface water or subterranean water. Groundwater includes water in the
zone of saturation of a water- bearing formation.
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15.27.256 Hydrologically Related Critical Areas (HRCA)
"Hydrologically related critical areas (HRCA)" include all those areas
identified in § 15.27.502, which are important and deserving of protection by
nature of their value for the functional properties found in § 15.27.504.
15.27.257 Hyporheic
"Hyporheic" means a groundwater area adjacent to and below channels where
water is exchanged with channel water and water movement is mainly in the
downstream direction.
15.27.258 Intermittent Streams
"Intermittent stream" means a stream which flows only during certain times of
the year, with inputs from precipitation and groundwater, but usually more than
30 days per year. Groundwater association generally produces an identifiable
riparian area. This definition does not include streams that are intermittent
because of irrigation diversion or other manmade diversions of the water.
15.27.259 Lake or pond
"Lake or pond" means an inland body of standing water. The term can include
the reservoir or expanded part of a river behind a dam.
15.27.260 Lowest Floor
"Lowest floor" for purposes of administering Part Four, means the lowest floor 1
of the lowest enclosed area (including basement). An unfinished or flood-
resistant enclosure, usable solely for parking of vehicles, building access or
storage, in an area other than a basement area, is not considered a building's 1
lowest floor, provided that such enclosure is not built so as to render the
structure in violation of the applicable non - elevation design requirements of
this chapter. 1
15.27.261 Manufactured Home
"Manufactured home" means a structure fabricated on a permanent chassis that
is transportable in one (1) or more sections; is designed to be used with or
without a permanent foundation when connected to the required facilities and is
used for human occupancy as a residential dwelling. The term "manufactured 1
home" shall include "mobile home" for regulatory purposes under this chapter.
The term shall not include "recreation vehicle." "commercial coach," "camping
vehicle,." "travel trailer," "park trailer," "tip- out," and any other similar vehicle, 1
which is not intended, designed, constructed or used as a single- family
dwelling.
15.27.262 Manufactured Home Park or Subdivision 1
"Manufactured home park or subdivision" means a parcel (or contiguous
parcels) of land divided into two (2) or more manufactured home lots for rent
or sale pursuant to Title 15 of this Code.
15.27.263 Manufactured Home Park or Subdivision, Existing
"Existing manufactured home park or subdivision" means a manufactured 11
home park or subdivision that was completed before December 15, 1981, the
effective date of the floodplain management regulations.
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15.27.264 Minerals
' "Minerals" means gravel, sand and metallic and non - metallic substances of
commercial value.
' 15.27.265 Mining
"Mining" means the removal of naturally occurring minerals and materials
from the earth for commercial value. Mining includes processing and batching.
' Mining does not include large excavations for structures, foundations, parking
areas, etc. (See also § 15.27.518 Dredging and Excavation).
15.27.266 Minor Revision
' "Minor Revision" for the purpose of this chapter is as follows but not limited
to: minor changes in facility orientation or location, minor changes 1 structural
design that does not change the height or increase ground floor area, and minor
,' accessory structures (such as equipment covers or small sheds near the main
structure etc.).
15.27.267 Native
' "Native" means indigenous to or originating naturally within the City of
Yakima and surrounding areas.
1 15.27.268 Natural Conditions
"Natural conditions" means those conditions, which arise from or are found in
' nature and not modified by human intervention.
15.27.269 New Construction
"New construction" for purposes of administering Part Four, means start of
' construction after construction plans were submitted to the City and the
Building Division reviewed and approved the construction plans to create a
structure.
15.27.270 Non- Conforming Structure
"Non- conforming structure" for purposes of administering Part Four, means a
' structure, which was lawful prior to the adoption or amendment of this chapter,
but which fails by reason of such adoption or amendment, to conform to the
present requirements of the zoning district in which it is located. In addition,
1 the structure may not be permitted as a new structure under the terms of this
chapter because the structure may not be in conformance with the applicable
elevation and /or flood - proofing requirements.
15.27.271 Non - Conforming Use
"Non- conforming use" for purposes of administering "Part Four ", means a use
of land or structure, which was lawfully established and maintained prior to the
adoption or amendment of this chapter, but does not conform to this chapter for
the zoning district in which it is located. In addition, the use may not be
' permitted as a new use under the terms of this chapter because the use may not
be in conformance to the applicable elevation and /or flood - proofing
requirements.
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15.27.272 Normal Appurtenances
Normal Appurtenances includes: garages, deck, driveways, utilities, fences, and
grading, which do not exceed two hundred fifty (250) cubic yards.
15.27.273 Normal Repair
"Normal repair" means to restore a development to a state comparable to its
original condition, including but not limited to its size, shape, configuration,
location and external appearance, within a reasonable period after decay or
partial destruction.
15.27.274 Ordinary High Water Mark (OHWM)
"Ordinary high water mark" means a mark on lakes and streams which can be 1
found by examining the bed and banks and ascertaining where the presence and
action of waters are common and usual, and so long continued in ordinary
years as to create a character mark upon the soil distinct from that of the
abutting upland.
15.27.275 Perennial Stream
111
"Perennial stream" means a stream that flows year round in normal water years.
15.27.276 Project Site 111 "Project site" means that portion of any lot, parcel, tract, or combination thereof
which encompasses all phases of the total development proposal.
15.27.277 Qualified Professional 1
"Qualified Professional" means a person with experience, training, expertise,
and related work experience appropriate for the relevant critical area subject in
accordance with WAC 365- 195- 905(4). The professional shall provide their
qualifications to the Administrative Official to insure the professional has the
acceptable level of qualifications and experience for the relevant critical area
they will be working in.
15.27.278 Recreation Vehicle
"Recreation Vehicle" means a vehicle which is: 1
(1) Built on a single chassis;
(2) Four hundred (400) square feet or less when measured at the largest
horizontal projection;
(3) Designed to be self - propelled or permanently towable by a light -duty truck;
and,
(4) Designed primarily for temporary living quarters used during recreational,
camping, travel, or seasonal conditions.
15.27.279 Restore
"Restore" means to re- establish the basic functional properties listed in §
15.27.504 that have been lost or destroyed through natural events or human
activity with measures such as re- vegetation and removal or treatment of toxic
materials.
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15.27.280 Restoration
"Restoration" Does not imply a requirement for returning the site to aboriginal
or pre- European settlement conditions rather the return of a critical area with
vegetation and addressing any toxic materials from the date of the permit.
15.27.281 Revetment
"Revetment" means a facing placed on a bank or bluff to protect a slope,
embankment, or shore structure against erosion by wave action or currents.
1 15.27.282 Riparian vegetation
"Riparian Vegetation" means the terrestrial vegetation that grows beside rivers,
streams, and other freshwater bodies and that depends on these water sources
' for soil moisture greater than would otherwise be available from local
precipitation.
15.27.283 Riprap
" Riprap" means a layer, facing, or protective mound of rubble or stones
randomly- placed to prevent erosion, scour, or sloughing of a structure or
embankment; also the stone used for this purpose.
15.27.284 Scour
' "Scour" means the removal of underwater material by waves and currents,
especially at the base or toe of a shore stabilization structure.
15.27.285 Shoreline
1 "Shoreline," as used in this chapter, means those water areas, the associated
features, and the land areas that are subject to the State Shoreline Management
Act, as defined in RCW 90.58.030 and the City of Yakima's current Shoreline
Master Program (definitions).
15.27.286 Shore Stabilization
"Shore stabilization" means the construction or modification of bulkheads,
retaining walls, dikes, levies, riprap, breakwaters, jetties, groins, weirs, and
other structures along the shore, for the purpose of controlling stream
1 undercutting, stream erosion or lake shore erosion.
15.27.287 Single - Family Dwelling
"Single- family residence" means a detached dwelling designed for and
1 occupied by one (1) family, including those structures and developments,
which are a normal appurtenance.
15.27.288 Slope
"Slope" means an inclined ground surface the inclination of which is expressed
as a ratio of horizontal distance to vertical distance.
1 15.27.289 Solid Waste
"Solid waste" means all putrescible and nonputrescible solid and semisolid
1 wastes including, but not limited to, garbage, rubbish, wood waste, ashes,
industrial wastes, swill, demolition and construction wastes, abandoned
vehicles or parts thereof, and discarded commodities.
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15.27.290 Special Flood Hazard Areas
"Special flood hazard area" means the land in the floodplain identified by the
Federal Emergency Management Agency that is subject to a one (1) percent or
greater chance of flooding in any given year. Commonly known as the one
hundred (100) year floodplain.
15.27.291 Start of Construction
"Start of construction" for purposes of administering Part Four, means the first
placement of permanent construction of a structure on a site, such as the
pouring of slabs or footings or land preparation, such as clearing, grading and
filling, the installation of streets or walkways; excavation for a basement,
footings, piers or foundations, or the erection of temporary forms.
15.27.292 Stream
"Stream" means water contained within a channel, either perennial, intermittent •
or ephemeral. Streams include both natural watercourses or those modified by
man (Example: stream flow manipulation, channelization, and relocation of the
channel). They do not include irrigation ditches, wasteways, drains, outfalls,
operational spillways, canals, stormwater runoff facilities, or other artificial
watercourses except those that are located within existing wetland or streams.
15.27.293 Stream Corridor
"Stream corridor," as used in this chapter, means features listed and described
in § 15.27.502. 1
15.27.294 Structure
"Structure" means anything constructed or erected, which requires location on
the ground, or attached to something having a location on the ground, but not
including fences or walls used as fences less than six (6) feet in height and
include gas or liquid storage tanks when located above ground.
15.27.295 Substantial Improvement
"Substantial improvement" for purposes of administering Part Four means any
repair, reconstruction, or improvement of a structure, the cost of which equals
or exceeds fifty (50) percent of the assessed value of the structure either:
(1) . Before the improvement or repair is started; or
(2) Before the damage occurred to a structure.
(3) For the purposes of this definition "substantial improvement" occurs
when the first alteration of any wall, ceiling, floor, or other structural
part of the building commences, whether or not that alteration affects
the external dimensions of the structure. The total value of all
improvements to an individual structure undertaken subsequent to
March 4, .1986, the effective date of this title, shall be used to define
"substantial improvement" for said structure. The term does not,
however, include either:
(a) Any project for improvement to a structure to comply with
existing state or. local health, sanitary or safety code specifications
which are solely necessary to assure safe living conditions; or
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(b) Any alteration of a structure listed on the National Re
() Y Register or g
Historic Places or a state inventory of historic places.
15.27.296 Use
"Use" (See "Use as defined in ch. 15.02).
1 15.27.297 Utility Equipment
"Utility Equipment" for the purposes of Part Four means all electrical, heating,
ventilation, plumbing and air- conditioning equipment and other service
1 facilities shall be designed and /or otherwise elevated or located so as to prevent
water from entering or accumulating within the components during conditions
of flooding.
15.27.298 Vegetative Buffer or Buffer
"Vegetative buffer or Buffer" means an area extending landward from the
ordinary high water mark of a lake or stream and /or from the edge of a wetland
which is maintained or otherwise allowed to provide support for the
performance of the basic functional properties of a stream corridor, wetland
and other hydrologically related critical areas as set forth in §§ 15.27.504
Functional Properties and 15.27.603 Wetland Functions and Rating.
15.27.299 Wetland
"Wetland" means areas that are inundated or saturated by surface water or
ground water at a frequency and duration sufficient to support, and that under
normal circumstances do support, a prevalence of vegetation typically adapted
for life in saturated soil conditions. Wetlands generally include swamps,
marshes, bogs, and similar areas. Wetlands do not include those artificial
wetlands intentionally created from non - wetland sites, including, but not
limited to, irrigation and drainage ditches, grass -lined swales, canals, detention
facilities, wastewater treatment facilities, farm ponds, and landscape amenities,
D or those wetlands created after July 1, 1990, that were unintentionally created
as a result of the construction of a road, street, or highway. Wetlands may
include those artificial wetlands intentionally created from nonwetland areas
11 created to mitigate conversion of wetlands.
15.27.299A Wildlife
"Wildlife" means all species of the animal kingdom whose members exist in
fl Washington in a wild state, which includes, but is not limited to, any mammal,
bird, reptile, amphibian, fish, or invertebrate, at any stage of development.
15.27.299B Wildlife Habitat
"Wildlife habitat" means an area, of climate, soils, vegetation, relationship to
water, location and or other physical properties which are identified as having a
D critical importance to the maintenance of wildlife species.
15.27.299D Works
"Works" means any dam, wall, wharf, embankment, levee, dike, berm, pile,
bridge, improved road, abutments, projection, excavation, channel rectification,
or improvement.
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CHAPTER 15.27
PART THREE
APPLICATION AND REVIEW PROCEDURES
Sections:
GeneralrProvisioio
15.27.300 Critical Area Development Authorization Required
".=.Inquiry and Early.... ssistance . _' 4
15.27.301 Critical Area Identification Form and Critical Areas Report
Requirements
15.27.302 Pre - application Conference
TI evia ted lterna Yes x ' 1
15.27.303 Activities Allowed without a Permit or Exemption
15.27.304 Exemption - Procedural Requirements.
15.27.305 Documented Exemptions for Hydrologically Related Critical
Areas, Wetlands
15.27.306 Documented Exemptions for Geologically Hazardous Areas
Development Authorizations
15.27.307 Mitigation requirements
f� rit,, Resew Process
. -. '" .�.j.�+�, 4 5'R• - 3`*Y 4
15.27.308 Application Submittal
15.27.309 Determination of Review Process
15.27.310 Development Authorization — Review Procedure
15.27.311 Authorization Decisions — Basis for Action
15.27.312 Conditional Approval of Development Authorization
15.27.313 Fees and Charges
q` ��nticalAreas n
15.27.314 Critical Areas Report Requirements
15 27.315 Supplemental Report Requirements for Specific Critical Areas
r, `' ., ` r F Permit . _ 'Fw
15.27.316 Standard Development Permit
15.27.317 Adjustment
15.27.318 Reasonable Use Exception
15.27.319 Minor Revisions to Approved Uses or Developments
15.27.320 Non - Conforming Uses and Facilities
15.27.321 General Critical Areas Protective Measures
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F 7„..Generaffro_vi
' 15.27.300 Critical Area Development Authorization Required
(1) No new development, construction or use shall occur within a designated
critical area without obtaining a development authorization in accordance with
the provisions of this chapter, except for those provided for in § 15.27.303
Activities Allowed.
1 Exemptions, as provided for in §§ 15.27.304 through 15.27.306, shall be
considered as development authorization.
(2) With respect to application and review procedures, it is the intent of this
chapter to streamline and coordinate development authorization within a
critical area and recognize other requirements by local, state and /or federal
permits or authorizations. Development, construction or use occurring within a
' designated critical area shall be processed according to the provisions of this
chapter, unless determined to be exempt.
' (3) Approval of a development authorization under this chapter shall be in
addition to, and not a substitute for, any other development permit or
authorization required by the City of Yakima.
Approval of a development authorization under this chapter shall not be
t interpreted as an approval of any other permit or authorization required of a
development, construction or use.
(4) Development authorizations issued in accordance with this chapter shall
continue with the land and have no "sunset clause" unless otherwise stated in
the development authorization.
(5) Coordination with Other Jurisdictions.
(A) Where all or a portion of a standard development project site is within
a designated critical area and the project is subject to another local, state or
federal development permit or authorization, the Administrative Official
shall determine whether the provisions of this chapter can be processed in
conjunction with a local, state or federal development permit or
' authorization, or whether a separate critical area development authorization
application and review process is necessary.
The decision of the Administrative Official shall be based upon the
' following criteria:
(i) The nature and scope of the project and the critical area features
involved or potentially impacted;
(ii) The purpose or objective of the permit or authorization and its
relationship to protection of the critical area;
(iii) The feasibility of coordinating the critical area development
' authorization with other permitting agency;
(iv) The timing of the permit or authorization.
(B) When a determination has been made that provisions of this chapter
can be handled through another applicable development permit or
authorization process, project proponents may be required to provide
additional site plans, data and other information necessary as part of that
process to ensure compliance with this chapter. The Administrative
1 229
Official's decision on the critical area development authorization shall be
coordinated to coincide with other permits and authorizations. The
Administrative Official may determine to accept the development
authorization and /or permits from the other reviewing agencies as complete
compliance with the city's critical area ordinance.
y - 11 .;mod. Ea sta_ ' . a 1
15.27.301 Critical Area Identification Form and Critical Area Report
Requirements.
1. Prior to the review of any applicable proposed development,
construction or use, the applicant shall provide the City with a Critical
Areas Identification Form and site plan and any other information the
City may require to determine if a critical area is present.
2. Upon receipt of a Critical Area Identification Form and site plan, the
Administrative Official or designee may conduct a, site examination to
review critical area conditions. The Administrative Official or designee
shall notify the property owner of the site examination prior to the site
visit. Reasonable access to the site shall be provided by the property
owner.
3. The Administrative Official or designee shall review the available
information pertaining to the proposal and make a determination
whether any critical areas may be affected. If so, a more detailed
critical area report shall be submitted in conformance with § 15.27.314
Critical Areas Report Requirements and § 15.27.315 Supplemental
Report Requirements for Specific Critical Areas, except as provided 1
below:
i. No critical areas present. If the Administrative Official
or designee is able to sufficiently determine a critical
area does not exist within or adjacent to the project area
and / or a critical area report is not required.
ii. Critical areas present, but no impact. If the 1
Administrative Official or designee is able to determine
the existence, location and type of critical area and the
project area is not within the critical area and or the
project will not have an indirect impact on the function
of an adjacent wetland.
iii. Critical areas may be affected by a proposal. The
Administrative Official or designee may waive the
requirement for a critical areas report utilizing the
technical expertise of other reviewing agencies if:
11
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1
1. The Administrative Official is sufficiently able
to determine the existence, location an d type of
the critical area;
2. The project scale or nature is such that a
1 • specialist is not necessary to identify impacts and
mitigation; and,
3. The applicant agrees to provide mitigation the
' Administrative Official deems adequate to
mitigate for anticipated impacts.
4. Reports will generally fall into the following groups:
' i. Determining the absence of a critical area;
ii. Determining the existence, location and type of a critical
area;
Determining impacts of an encroachment on a critical
area and general mitigation measures; and
iv. Developing a compensatory mitigation plan.
' 5. The Administrative Official or designee shall base wetland boundary_
determinations on those criteria specified in the Washington State
Wetlands Identification and Delineation Manual (1997). Wetland
' mitigation adequacy determination by the Administrative Official shall
be consistent with the Wetland Mitigation in Washington State, Parts . 1
and 2 (March 2006 or as updated).
1
15.27.302 Pre - application Conference
' Any new development or use falling under the provisions of this chapter may
be subject to .a pre - application conference. Prior to the pre - application
conference, the project proponent must submit a Critical Area Identification
' From and preliminary site plan.
A project review for flood hazards shall follow the pre - application
requirements established to administer Part Four Flood Hazard Areas.
The pre- application conference is intended to allow the Administrative Official
or designee to:
(1) Establish the scope of the project and identify potential concerns that
may arise;
(2) Identify permits, exemptions, and authorizations, which the project
I . proponent may need to obtain;
(3) Determine whether the project will be processed through the
development procedures of this chapter or coordinated with the
review procedures of another development permit or authorization;
' (4) Provide the proponent with resources and technical assistance (such
as maps, scientific information, other source materials, etc.); and
(5) Determine whether there is a need for a preliminary site assessment.
1
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1
- - , Abbreviated R a� A
r.. ,� �.� ` � �. �;� . eview, Alternah
15.27.303 Minor Activities Allowed without a Permit or Exemption.
1) This chapter shall be inapplicable to the following actions (15.27.140(2)):
a) Maintenance of existing, lawfully established areas of crop vegetation,
landscaping, paths, and trails or gardens within a regulated critical area
or its buffer. Examples include: mowing lawns, weeding, garden crops,
pruning, and planting of non - invasive ornamental vegetation or
indigenous native species to maintain the general condition and extent '
of such areas;
b) Minor maintenance and /or repair of structures that do not involve
additional construction, earthwork or clearing. Examples include
painting, trim or facing replacement, re- roofing, etc. Cleaning ,
operation and maintenance of canals, ditches, drains, waste ways etc. is
not considered additional earthwork, as long as the cleared materials
are placed outside the stream corridor, wetlands, and buffers;
c) Low impact activities such as hiking, canoeing, viewing, nature study,
photography, hunting, fishing, education or scientific research;
d) Creation of private trails that do not cross streams or wetlands that are
less than two (2) feet wide and do not involve placement of fill or
grubbing of vegetation;
e) Maintenance and normal work of the Greenway pathway and grounds;
f) Planting of native vegetation;
g) Noxious weed control outside vegetative buffers identified in §
15.27.514;
h) Noxious weed control within vegetative buffers, if the criteria listed
below are met. Control methods not meeting these criteria may still
apply for a restoration exemption, or other authorization as applicable:
i. Hand removal /spraying of individual plants or other acceptable
method approved by the administrative official; 1
ii. No area wide vegetation removal /grubbing.
1
15.27.304 Documented Exemption — Procedural Requirements.
The following development activities are exempt from standard development 1
permits, except that Flood Hazard exemptions shall follow the exemption
procedures found in § 15.27.403. Exemption from this chapter shall follow
procedures 6 a) below, and does not under any circumstances give permission 1
to degrade a critical area or ignore risk from natural hazards. Any incidental
damage to, or alteration of, a critical area that is not a necessary outcome of the
exempted activity shall be restored, rehabilitated, or replaced at the responsible
party's expense, according to § 15.27.521 Reclamation.
1) Exemptions shall be construed narrowly and any exempted
development shall be consistent with the policies and provisions of this
chapter.
a
232 a
1
2) If any part of a proposed development is not eligible for an exemption,
then a development permit is required for the entire proposed project.
1 3) The burden of proof that a development or use is exempt is on the
applicant.
4) When a development or use is proposed that does not comply with the
' bulk, dimensional and performance standards of this chapter, such
development must also obtain an Adjustment.
' 5) All exempted activities shall use reasonable methods to avoid potential
impacts to critical areas.
6) The proponent of an exempt activity shall submit a written request for a
' documented exemption which states the following:
a) Why the exemption is being sought.
b) A project description that demonstrates the following:
i) The sequence of activities to be conducted,
ii) The equipment to be used (hand or mechanical), •
iii) The best management practices to be used,
' iv) The efforts employed to minimize adverse impacts, and
v) Restoration for disturbed areas following the activity
including mitigation for lost wetland functions.
7) The Administrative Official or designee shall approve or deny the
exemption. A formal letter of exemption shall be provided when an
exempt activity is approved under this chapter. If an exemption cannot
be granted, the Administrative Official or designee shall notify the
applicant in writing, stating the reason for denial of the exemption, at
which time the applicant may pursue other permit processes under this
chapter or modify the activity to a level that would justify
reconsideration.
8) The following activities are exempt from the standard development
' permit process and identified in the following locations. However, this
provision does not exempt an activity from other parts, permits or .
reviews required under Ch. 15.27:
a. Those activities listed in § 15.27.305 Exemptions for
Hydrologically Related Critical Area Features and Wetlands;
b. Those activities listed in § 15.27.306 Exemptions for
1 Geologically Hazardous Areas; and,
c. Those activities listed in § 15.27.403 are exempt from the Flood
Hazard Permit requirements of "Part Four" Flood Hazard Areas.
r 15.27.305 Documented Exemptions for Hydrologically Related Critical
Areas and Wetlands
1 The following development activities are exempt from standard development
permits, except that Flood Hazard exemptions shall follow the exemption
procedures found in § 15.27.403.
I 1 Construction of a single-family residence and a
(1) g Y appurtenances where the
residence and appurtenances meet all requirements of the City of Yakima
1 233
1
and do not lie within a designated critical area or buffer (See Single- Family
Dwelling and Normal Appurtenances definition §§ 15.27.287 & ,
15.27.272). Applications for development within critical areas or
their buffers shall follow the procedures of 15.27.317 Adjustments.
a) Construction shall not involve placement of fill in any wetland or at
locations waterward of the ordinary high water mark; and
b) Construction authorized under this exemption shall be located
landward of the ordinary high water mark.
(2) Single- Family residence bulkheads, which includes those structural and
nonstructural developments installed at or near, and parallel to, the
ordinary high water mark for the sole purpose of protecting the single-
family residence and appurtenant structures from loss or damage by
erosion.
a) Normal protective bulkheads are not exempt if constructed for the
purpose of creating dry land.
b) Bioengineering options shall be considered by the Administrative
Official or designee prior to exemption of (b) & (c) below.
c) When repairing an existing bulkhead by construction of a vertical
wall it shall be constructed no further waterward of the existing
bulkhead.
d) Bioengineered erosion control projects may be considered a
bulkhead when .the project has been approved by the Department of
Fish and Wildlife;
(3) Normal maintenance or repair of existing structures or development,
including damage by accident, fire, or elements are exempt, but may
require a building permit. (See § 15.27.273 Normal Repair). 1
a) Except where repair involves total replacement or causes
substantial adverse effects to the environment.
b) Replacement of non- conforming uses or facilities may also be
subject to Ch. 15.19 Non - conforming Uses and Facilities;
(4) Emergency construction for protecting property from damage by
the elements. 1
The following criteria must exist to qualify any action under an
emergency provision:
a) There must be an immediate threat to life, public or private 1
property, or the environment arising from a natural condition
or technical incident.
b) The emergency response must be confined to the action
necessary to protect life or property from damage.
c) The scope of the emergency response must be limited to the
work necessary to relieve the immediate threat.
d) The emergency response applies only to the period of time
when the actual emergency exists.
e) The request must be accompanied by a permit application or
for an emergency exemption. Submittal requirements may be
waived until after the emergency is deemed abated, and at that
234 8
1
time the property owner shall submit an emergency mitigation
summary to the City of Yakima;
(5) Construction of a dock for the use of a single - family or multiple-
family residence;
(6) The construction of canals, waterways, drains, reservoirs, or other
' manmade facilities as a part of an irrigation system;
(7) Any project with certification from the governor pursuant to RCW
' 80.50 (Energy facilities — site locations);
(8) Watershed restoration projects pursuant to RCW 89.08.460;
(9) Site exploration and investigation activities required for a
' development permit provided that:
a) The activity will have no significant adverse impact on the
environment,
b) The activity does not involve the installation of any structure, and
c) Upon completion of the activity, the vegetation and land
configuration of the site are restored to conditions as they existed
' prior to the activity;
(10) The process of removing or controlling aquatic noxious weeds, as
defined in RCW 17.26.020 (control of spartina and purple loosestrife),
' through the use of an herbicide or other treatment methods applicable to
weed control that are recommended by a final environmental impact
statement published by the Department of Agriculture or the Department of
Ecology jointly with other state agencies under chapter 43.21C RCW
(SEPA);
(11) A public or private project to improve fish or wildlife habitat or fish
' passage, if:
a) The project has been approved by the Department of Fish and •
Wildlife;
' b) The project has received hydraulic project approval by the
Department of Fish and Wildlife pursuant to chapter 75.20 RCW
(Hydraulics Code);
1 c) The Administrative Official has determined that the project is
consistent with this chapter.
d) Fish habitat enhancement projects that conform to the provisions
1 of RCW 77.55.181 (Fish Habitat Enhancement Projects) are
deemed to be consistent with this chapter.
(12) Hazardous substance remedial actions pursuant to chapter 70.105D
1 RCW (Model Toxics Control Act).
(13) The removal of trees which are hazardous, posing a threat to public
safety, or pose an imminent risk of damage to private or public property,
' from critical areas and their buffers.
15.27.306 Documented Exemptions for Geologically Hazardous Areas
' Development Authorizations
The following development activities are exempt from standard development
permits that are required for Geologically Hazardous Areas:
1. 235
1
(1) Additions to or alteration of existing single- family residences.
(2) Uses and surface disturbances (clearing and grubbing) that do not
include excavation, fill or irrigation;
(3) Structures less than one hundred and twenty (120) square feet; and
(4) Oil, gas, wind or other exploration that does not include explosions,
road construction, excavation or fill.
15.27.307 Mitigation requirements
(1) All mitigation shall be sufficient to maintain the functions and values of
the critical area.
(2) All development shall demonstrate that reasonable efforts have been
examined to avoid and minimize impacts to critical areas; and
(3) When an alteration to a critical area is proposed, it shall be avoided,
minimized, or mitigated for in the following order of preference:
(a) Avoiding the impact;
(b) Minimizing impacts by limiting the degree or magnitude of the
action, by using appropriate technology. (i.e. project redesign,
relocation or timing, to avoid or reduce impacts);
(c). Rectifying the impact by repairing, rehabilitating or restoring the
affected environment as appropriate;
(d) Reducing or eliminating the impact by preservation and
maintenance operations;
(e) Compensating for the impact by replacing or providing 1
substitute resources or environments; or
(f) Monitoring the impact and taking appropriate corrective
measures.
(4) If an alteration to a critical area is unavoidable, all adverse impacts to
that critical area and its buffers shall be mitigated for in accordance
with an approved Mitigation Plan and mitigation for wetland impacts 1
shall be mitigated in accordance with the Washington State Department
of Ecology Wetland Mitigation in Washington State, Parts 1 and 2
(March 2006 or as updated).
(5) Mitigation shall be in -kind and on -site, whenever possible, and may be
out -of -kind and /or off -site when deemed appropriate by the
Administrative Official or designee.
a - : , : r _:. ReView'Process, ,r t 61 , :. ;
15.27.308 Application Submittal
(a) Applications for development authorizations under this chapter shall be
made on forms provided by the Department. Application submittals shall
include a site plan drawn to an engineering scale of 1:20 showing: a
i) Dimensions of all sides of the parcel,
ii) Size and location of existing and proposed structures,
iii) Excavation, fill, drainage facilities, impervious surfaces, topography,
1
slope; and,
iv) Other information as needed to determine the nature and scope of the
proposed development; and
236 8
v) Location of all critical areas such as those identified in § 15.27.314
' for Critical Area Report Requirements.
(b) The submittal shall also include all required critical areas reports prepared
in conformance with §§ 15.27.314 & 315.
(c) To be complete, a critical area development authorization application must
include all maps, drawings and other information or data specified by this
chapter or requested on the basis of the pre - application conference (S
' 15.27.302).
15.27.309 Determination of Review Process
a) The Administrative Official or designee shall determine from the
application submittal, and other available information what type of
permit and /or review will be required under this chapter.
' b) Specific information of permit type, review and process can be
found in subsequent sections of Part Three of this chapter.
However, a description of each type of permit or review is
' provided in Table 3 -1 below. More than one (1) permit or
review may be needed for a project dependant upon project
complexity.
Table 3-1
.. q ..7 . ; tek General Permits or Renews` ; � a
Standard Development. Standard development projects include any development not subject to
RCW Ch. 90.58, the Shoreline Management Act.
Documented Exemptions. Documented Exemptions are described as minor activities that do not
need to go through a permit process. Exemptions from this chapter may be found in the following
' SS 15 27.305 306 and 15 27.403
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' � ' M F��` � ffardeficePermats. _ - :
Adjustment. An Administrative Adjustment is used outside Shoreline jurisdiction when a project
' requires a reduction or adjustment to a development standard.
Non - conforming Use or Facility Alteration. A Non - conforming Use or Facility Alteration is
' necessary when an existing use that currently does not conform to this chapter is to be altered.
Minor revisions to an Existing Permit. A Minor Revision to an Existing Permit allows a
simplified review of certain changes to a project that has previously received a permit.
' Reasonable Use Exception. A Reasonable Use Exception provides an alternative to landowners
when all reasonable use of a property has been prohibited.
Flood Hazard Permit. A Flood Hazard Permit is required for activities within floodplains. It
may include many of the specific permit types noted above, which are described in Part Four §S
15.27.400 - 436. It is focused mainly on construction methods, but may include site design to
minimize impacts to adjacent properties or resources, or to locate the proposed development in
' areas where depth and velocity of floodwaters during the base flood do not exceed the current
standards for construction of human occupied structures or safe access.
' 15.27.310 Development Authorization — Review Procedure
Upon submittal and acceptance of a completed development authorization
1 application, the Administrative Official or designee shall process and review
' 237
0
follows.
the application as o lows. Except: Permits or reviews under Part Four shall
follow the development regulations and procedures of §§15.27.400 — 436.
(1) Development authorizations shall be processed in accordance with Ch.
15.29 Notice Procedures and with specific requirements provided in §§
15.27.316 - 320, including but not limited to:
a. submittals;
b. completeness review;
c. notices;
d. hearings;
e. decisions; and,
f. appeals.
(2) Development authorizations shall be reviewed in conformance with the
applicable development standards of § 15.27.321 and with Parts Five —
Eight.
(3) Decisions on a development authorization shall be consistent with §§
15.27.311 Authorization Decision — Basis for Action, 15.27.312
Conditional Approval of Development Authorizations, and with any
specific decision criteria provided under the section for each relevant
permit type, as provided in §§ 15.27.316 - 321 (Permit Review
Criteria).
15.27.311 Authorization Decisions — Basis for Action
The action on any development authorization under this chapter shall be based
upon the following criteria:
(1) Impact of the project to critical.area features on and abutting the
property;
(2) Danger to life or property that would likely occur as a result of the
project;
(3) Compatibility of the project with the critical area features;
(4) Conformance with applicable development standards;
(5) Compliance with flood hazard mitigation requirements of §§ 15.27.400
- 436;
(6) Adequacy of the information provided by the applicant or available to
the Department;
(7) Based upon the project evaluation, the Administrative Official shall
take one (1) of the following actions:
a) Grant the development authorization; or,
b) Grant the development authorization with conditions, as provided
in § 15.27.312 (Conditional Approval), to mitigate impacts to the
critical area feature(s); or,
c) Deny the development authorization.
a
238 0
1
8 The decision by the Administrative Official or designee shall include desi
O Y g
written findings and conclusions.
15.27.312 Conditional Approval of Development Authorization
' In granting any development authorization, the Administrative Official or
designee may impose conditions to:
' (1) Accomplish the purpose and intent of this chapter.
(2) Eliminate or mitigate any identified negative impacts of the project;
(3) Protect critical areas from damaging and incompatible development.
1
15.27.313 Fees and Charges
1 The Yakima City Council shall establish the schedule of fees and charges listed
in Yakima Municipal Code, Title 15 (City of Yakima Fee Schedule), for
development authorizations, variances, appeals and other matters pertaining to
1 this chapter.
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�,a Crihcal Areas Re i ortsy : k 5
' 15.27.314 Critical Areas Report Requirements
(1) The Administrative Official or designee may require a critical areas
1
(2) report, paid for by the applicant, when it is determined necessary.
A qualified professional shall prepare the report consistent with Best
Available Science.
The intent of these provisions is to require a reasonable level of
technical study and analysis sufficient to protect critical areas. The
analysis shall be appropriate to the value or sensitivity of a particular
-critical area and relative to the scale and potential impacts of the
' proposed activity.
(3) The critical area report shall:
' a) Demonstrate the proposal is consistent with the purposes and
standards of this chapter;
b) Describe all potential risks to critical areas, and assess impacts on
' the critical area from the activities and uses proposed; and,
c) Identify mitigation and protective measures.
(4) The critical areas report shall include information addressing the
supplemental report requirements (See § 15.27.315).
(5) The Administrative Official or designee shall review the critical areas
report for completeness and accuracy and shall consider the
' recommendations and conclusions to assist in making decisions on
development authorizations, appropriate mitigation, and protective
measures.
' (6) Critical areas reports shall be valid for a period of five (5) years, unless
it can be demonstrated that a previous report is adequate for current
analysis. Reports prepared for adjacent properties may be utilized for
1
1 239
1
current analysis only when it can be shown through a supplemental
report or site investigation that conditions on site are unchanged.
(7) The Administrative Official or designee may require the preparation of
a new critical area assessment or a supplemental report if the initial
assessment is in error.
(8) The Administrative Official or designee may reject or request revision
of the critical areas report when it can be demonstrated that the
assessment is inaccurate, incomplete or does not fully address the
critical areas impacts involved.
(9) Applicants shall provide reports and maps to the City in both electronic
and paper formats. In addition, all critical area delineations / maps shall
be provided to the City by means of a GPS projected coordinate system
data set, such as, NAD 27 or NAD 83. The City may waive this
requirement for single- family developments. Applicants are encouraged
to coordinate with the Administrative Official or designee regarding
electronic submittal guidelines.
(10) At a minimum, a critical areas report shall include the following
information:
a) A site plan showing the proposed development footprint and
clearing limits, and all relevant critical areas and buffers;
b) A written summary of the critical areas, including their size, type,
classification or rating, condition, disturbance history, and functions
and values. For projects on or adjacent to geologically hazardous
areas or areas subject to high floodwater depth or velocity the
description shall identity the type and characteristics of the hazard;
c) An analysis of potential adverse impacts and how they will be 1
mitigated or avoided. Geological hazardous areas are additionally
required to assess the risks posed by the development to critical
areas, public and private properties, and both associated and 1
unassociated near by facilities and uses;
d) When impacts cannot be avoided, the report shall include a plan
describing mitigation to replace critical area functions and values. 1
For projects on or adjacent to geologically hazardous areas or areas
subject to high floodwater depth or velocity the mitigation shall
additionally address the site, and other public and private properties, j
and both associated and unassociated near by facilities and uses
potentially affected;
e) The dates, names, and qualifications of the persons preparing the
report and documentation of analysis methods including any
fieldwork performed on the site; and
f) Additional reasonable information requested by the Administrative
Official or designee.
(11) A critical area report may be supplemented by or composed, in whole or
in part, of any reports or studies required by other laws and regulations or
previously prepared for and applicable to the development proposal site.
e
240 O
(12) The Administrative Official or designee may limit the geographic area of
the critical area report as appropriate.
(13) Compensatory Mitigation Plans - When compensatory mitigation, as
described in § 15.27.307 Mitigation Requirements, are proposed for
wetland areas or stream channels, the applicant shall submit a mitigation
D plan as part of the critical area report, which includes:
a) A written report identifying environmental goals and objectives of the
proposed compe including a description of:
D i. The anticipated impacts to the critical areas;
ii. The mitigating actions proposed;
iii. The purpose of the compensation measures, including
site selection criteria;
iv. The compensation goals and objectives;
v. The desired resource functions;
D vi. Construction activities start and completion dates; and
vii. Analysis of anticipated success of the compensation
b) A review of the
D project.
best available science supporting the proposed
mitigation;
c) A description of the report and the author's experience to date in
restoring or creating the type of critical area report proposed; and,
d). Performance Standards — The mitigation plan shall include measurable
specific criteria for evaluating the goals and objectives to ensure the
mitigation project has been successfully attained.
e) Detailed Construction Documents - The mitigation documents shall
include written specifications and plans describing the mitigation
proposed, such as:
i.The proposed construction sequence, timing, and duration;
' . ii.Grading and excavation details;
iii.Erosion and sediment control features;
iv.A planting plan specifying plant species, quantities, locations, size,
' spacing, and density;
v.Measures to protect and maintain plants until established; and
vi.Documents should include scale drawings showing necessary
' information to convey both existing and proposed topographic data,
slope, elevations, plants and project limits.
f) Monitoring Program The mitigation plan shall include:
' i. A program for monitoring both construction of the compensatory
project and its completion and survivability;
ii.A plan which details how the monitoring data will be evaluated to
determine if the performance standards are being met;
iii.Reports as needed to document milestones, successes, problems,
and contingency actions of the compensation project; and
iv.Monitoring for a period necessary to establish that performance
standards have been met, but not for a period less than five (5)
years;
1 241
1
11
g) Contingency Plan - Identification of the potential courses of action, and
any corrective measures to be taken if monitoring or evaluation
indicates project performance standards are not being met.
h) Financial Guarantees - A financial guarantee ensuring fulfillment of the
compensation project, monitoring program, and any contingency
measures shall be posted in accordance with § 15.27.321(1) Financial
Guarantees.
(14) Innovative Mitigation.
a) Advanced mitigation or mitigation banking are examples of alternative
mitigation projects allowed under the provisions of this section. One (1)
or more applicants or an organization with demonstrated capability,
may undertake a mitigation project together if it is demonstrated that all
of the following circumstances exist:
i.Creation or enhancement of a larger system of critical areas and
open space is preferable to the preservation of many individual
habitat areas;
ii.The applicant demonstrates the organizational and fiscal capability
to act cooperatively;
iii.The applicant demonstrates that long -term management of the
habitat area will be provided; and
iv. There is a clear potential for success of the proposed mitigation at 01
the identified site.
v.There is a clear likelihood for success of the proposed plan based on
supporting scientific information and demonstrated experience in
implementing similar plans;
vi.The proposed project results in equal or greater protection and
conservation of critical areas than would be achieved using parcel -
by- parcel regulations and /or traditional mitigation approaches;
vii.The plan is consistent with the general purpose and intent of this
section;
viii.The plan shall contain relevant management strategies which are
within the scope of this section; and
ix.The plan shall contain clear and measurable standards for achieving
compliance with the purposes of this section, a description of how
such standards will be monitored and measured over the life of the
plan, and a fully funded contingency plan if any element of the plan
does not meet standards for compliance.
b) Conducting mitigation as part of a cooperative process does not reduce
or eliminate the required wetland replacement ratios.
c) Projects that propose compensatory wetland mitigation shall also use
the standards in § 15.27.604 Compensatory Mitigation Requirements.
For those situations where a mitigation bank may provide an
opportunity for mitigation, then the requirements in § 15.27.605
Wetland Mitigation Banks shall apply.
11
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1
15.27.315 Supplemental Report Specific Critical
port Requirements for Spec fic C ca l
Areas
1) Stream Corridors: When a critical areas report is required for a stream
corridor or hydrologically related critical area, it shall include the
following:
a) A habitat and native vegetation conservation strategy that addresses
methods to protect the functional properties listed in § 15.27.504
Functional Properties.
b) Where proposed construction lies within.an immediate zone of potential
channel migration, a hydrologic analysis report may be required. The .
report shall assume the conditions of the one - hundred -year flood,
I include on -site investigative findings, and consider historical meander
characteristics in addition to other pertinent facts and data.
2) Wetlands When a critical areas report is required for Wetlands, it shall
include the following:
a) The exact location of a wetland's boundary and wetland rating as
determined through the performance of a field investigation by a
qualified wetland professional applying the Washington State Wetland
Identification and Delineation Manual (Ecology Publication #96 -94)
as required by RCW 36.70A.175 and the Washington State Wetland
Rating System for Eastern Washington.
b) All delineated wetlands and required buffers within two hundred (200)
feet of the project area shall be shown on the site plan. Available
information should include, but not be limited to aerial photos, land
based photos, soils maps, or topographic maps; _
c) An analysis of the wetlands including the following site related
information:
i. A statement specifying the accuracy of the report and all
assumptions made and relied upon;
ii. Documentation of fieldwork performed on the site, including field
data sheets for delineations, wetland rating forms, baseline
hydrologic data, etc.;
iii. A description of the methodologies used to conduct the wetland
delineations, or impact analyses including references;
iv. Wetland category, including vegetative, faunal, and hydrologic
characteristics.
d) For projects that will affect the wetland or buffer, provide the
following:
i. A habitat and native vegetation conservation strategy that
addresses methods to protect or enhance on -site habitat and
1 wetland functions and values listed in § 15.27.603(1) Wetland
Functions and Rating, and § 15.27.504 Functional Properties;
ii. Mitigation sequencing, pursuant to § 15.27.307 Mitigation
1 Requirements to avoid, minimize, and mitigate impacts shall result
in "not net loss" of acreage or functional values of wetlands and
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shall follow the guidance provided in § 15.27.604 Compensatory
Mitigation.
3) Geologically Hazardous Areas When a critical areas report is required
for a Geologically Hazardous Area, it shall include the following:
i. A description of the site features, including surface and subsurface
geology.
ii. A description of the geologic processes and hazards affecting the
property, including a determination of the actual hazard types for
any Suspected and Risk Unknown hazards identified in the
affirmative determination of hazard;
iii. A'description of the vulnerability of the site to seismic and other
geologic processes and hazards;
iv. A description of any potential hazards that could be created or
exacerbated as a result of site development;
v. For developments in or affecting landslide hazard areas the report
shall also include:
(1) Assessments and conclusions regarding slope stability
including the potential types of landslide failure mechanisms
(e.g., debris flow, rotational slump, translational slip, etc.)
that may affect the site. The stability evaluation shall also
consider dynamic earthquake loading and shall use a
minimum horizontal acceleration as established by the current
version of the YMC Title 11 (Building Code);
(2) An analysis of slope recession rate shall be presented in those
cases where stability is impacted by stream meandering or
other forces acting on the toe of the slope; 1
(3) Description of the run -out hazard of landslide debris to the
proposed development that starts up -slope and /or the impacts
of landslide run -out on down -slope properties and critical 1
areas.
4) Flood Hazards
a) Prior to authorization of any construction within a floodplain, 1
which can be anticipated to displace floodwaters or alter the
depth or velocity of floodwaters during the base flood, an
engineering report shall be prepared by a licensed engineer in the 1
State of Washington that establishes any new flood elevations
that would result for the one - hundred -year flood frequency if the
project were implemented. 1
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AMS- 5 i §lPe Revie r
15.27.316 Standard Development Permit
1) Classification Criteria - Standard Development permits include any
development not subject to RCW Ch. 90.58 (Shoreline Management
Act).
2) Process - Standard Development permits shall be processed as either a
1 Type (1) or Type (2) Review; and applications that are of a significant
size or scope may be processed as a Type (2) or (3) Review at the
judgment of the Administrative Official or designee. Examples of such
projects include those that typically require environmental review
(SEPA), filling or excavating a stream channel or wetlands, involve
large amounts of fill, require large-amounts of parking, etc.
3) Decision Criteria — Decisions on Standard Development permits shall
be based on the general decision criteria found in § 15.27.311
Authorization Decisions — Basis for Action.
15.27.317 Adjustment
1) Classification Criteria — For projects not required to be processed under
RCW Ch. 90.58 (Shoreline Management Act), the Administrative Official
or designee is authorized to administratively adjust the development
1 standards. Existing structures, parcel size, property boundaries, and other
constraints may preclude conformance with building setbacks and
vegetative buffers. Given such constraints, administrative adjustments may
be authorized where the site plan and project design include measures to
ensure the protection and performance of the functional properties
identified in § 15.27.504 Functional Properties. Adjustments of vegetative
buffer standards listed in Table 6 -1 and 6 -2 may be reduced to the
Minimum buffer width listed. Reductions below the minimum may be
considered but require stricter criteria be met in subsection 3(d) below. .
' Adjustments to prohibited use limits are not allowed.
2) Process — Requests for an Adjustment permit shall be processed as a Type
(2) Review. Requests for adjustments of development standards shall be
made in writing and shall specify the standard(s) that an adjustment is
sought for, along with the reasons why the adjustment is sought.
3) Decision Criteria - Decisions on Adjustment permits shall be based on the
general decision criteria found in § 15.27.311 Authorization Decisions —
Basis for Action together with the criteria below.
a) A particular standard may be reduced or modified as long as the
' Administrative Official determines that the adjustment and /or
reduction:
' i. Is consistent with the purpose of this chapter,
ii. Is consistent with the intent of the standard; and,
iii. Will not result in degradation of the critical area.
b) The Administrative Official or designee shall consider the following:
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i. The proximity and relationship of the project to any critical
area and its potential impacts;
ii. The functions and values that the critical area performs;
iii. The overall intensity of the proposed use;
iv. The presence of threatened, endangered, or sensitive species;
v. The site's susceptibility to severe erosion; and
vi. The use of buffer averaging or buffer enhancement plans by the
• applicant using native vegetation or other measures to enhance the
functions and values of the Hydrologically Related Critical Area
(HRCA).
c) When granting an adjustment, the Administrative Official or designee
may require, but is not limited to the following alternative measures to
protect the functions and values of the HRCA:
(i) Restoration of impaired channels and banks to conditions
which support natural stream flows, fish habitat, and other values;
• (ii) Restoration, enhancement, and preservation of soil
characteristics and the quantity and variety of native vegetation;
(iii) Provisions for erosion control and the reduction and
filtration of stormwater runoff on the stream channel and buffer;
(iv) Removal or alteration of existing manmade facilities
associated with stream channels, or drainage ways which improve
stream -flow or exchange of surface. waters.
(v) Replacement of lost stream corridor features on an acre- 1
for -acre basis and replacement of lost wetlands in accordance
with guidance provided in the Washington State Department of
Ecology's Wetland Mitigation in Washington State, Parts 1 and 2 1
(March 2006 or as updated;
• (vi) Conservation easements for key portions of stream
corridor property and /or their inclusion within public or private
conservation programs; or
(vii) Vegetative buffer averaging may be modified by
averaging buffer widths. Buffer averaging is preferred in the use 1
of mitigation sequencing (§ 15.27.307 Mitigation Requirements)
over a reduction in the buffer standards.
d) The following additional criteria must be met to reduce the critical
areas stream and wetland buffers found in Tables 5 -1 and 5 -2 below the
minimum listed in the respective tables.
i. There is a hardship related to maintenance of the minimum
buffer width that results from parcel boundaries or existing on-
site development.
ii. When warranted under (a) above the buffer width shall be the
maximum possible while meeting the minimum need of the
proposal.
iii. The applicant shall prepare a mitigation plan which addresses the
decrease of wetland or stream function due to the decrease in
buffer size.
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15.27.318 Reasonable Use Exception
1) Classification Criteria - If the application of this chapter would deny all
reasonable economic use of the subject property, the property owner may
apply for a Reasonable Use Exception.
2) Process - A Reasonable Use Exception shall be processed as a Type (3)
Review with a public hearing.
3) Decision Criteria - The Reasonable Use request shall be accompanied by
conformance criteria. Failure to satisfy any one of the criteria shall result in
denial of the request and the burden of proof shall be on the applicant.
Decisions on a Reasonable Use request shall be based on the general decision
criteria found in § 15.27.311 Authorization Decisions — Basis for Action,
together with the criteria: below.
i. The application of this chapter would deny all reasonable use of the
property; provided that the inability of the applicant to derive
reasonable use of the property is not the result of actions by the
applicant;
ii. No other reasonable use of the property has less impact on the
critical area;
II iii. Any alteration is the minimum necessary to allow for reasonable
use of the property.
15.27.319 Minor Revisions to Approved Uses or Development
1) Classification Criteria — Minor revisions as described in & 15.27.266
to a project that has been previously approved under a critical area
permit are allowed under the following circumstances:
a. Changes that are not substantive are not required to obtain a
revision and may be allowed.
b. Substantive changes are those that materially alter the project in
a manner that relates to its conformance with the permit
'I requirements. Such changes may be approved as a minor
revision, if the Administrative Official or designee determines
that the proposed revision is within the scope and intent of the
original permit, and meets the criteria listed below. Failure to
meet the criteria below will require a new permit.
i.Lot coverage and height may be increased by a maximum of
ten (10 %) percent from the provisions of the original permit,
provided that:
a. Revisions involving new structures not shown on the
original site plan shall require a new permit; and,
b. Any revisions authorized under this subsection shall
not exceed height, lot coverage, setback, or any other
requirements of this chapter.
ii.Landscaping may be added without an application for a new
permit provided that it is consistent with conditions of the
'I original permit;
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iii.The use authorized pursuant to the original permit has not
changed;
iv.No additional significant adverse environmental impacts will
be caused by the project revision.
2) Process — Minor revisions to existing permits shall be processed under
Class (1) Review procedures.
3) Decision Criteria - Decisions on permit revisions shall be based on the
general decision criteria found in § 15.27.311 Authorization Decisions —
Basis for Action.
15.27.320 Non - Conforming Uses and Facilities
Non - Conforming Uses and Facilities are classified as either Conforming Uses
with Non- Conforming Structures or Areas, or as Non - conforming Uses. Both
of which have different review processes and decision criteria, as provided for
in Ch. 15.19 of the Yakima Municipal Code.
15.27.321 General Critical Areas Protective Measures
The standards below apply to all permits and reviews performed under this
chapter.
1) Financial guarantees to ensure mitigation, maintenance, and monitoring.
a) When required mitigation pursuant to a development proposal is not
completed prior to the City of Yakima's final permit approval, the
Administrative Official or designee may require the applicant to post a
a financial guarantee to ensure that the work will be completed.
b) If a development proposal is subject to compensatory mitigation the
applicant must post a financial guarantee to ensure mitigation is fully 1
functional.
c) All financial guarantees shall be in the amount of one hundred and
twenty -five percent (125 %) of the estimated cost of the uncompleted
actions and /or the estimated cost of restoring the functions and
values of the critical area that are at risk.
d) The financial guarantee may be in the form of a surety bond,
performance bond, assignment of savings account, irrevocable letter
of credit guaranteed by an acceptable financial institution, or other
form acceptable to the Administrative Official or designee, with
terms and conditions acceptable to the City of Yakima attorney.
e) The financial guarantee shall remain in effect until the
Administrative Official or designee determines that the standards
bonded for have been met. Financial guarantees for wetland or
stream compensatory mitigation shall be held for a minimum of five
(5) years after completion of the work to ensure that the required
mitigation has been fully implemented and demonstrated to function.
f) If public funds have previously been committed for mitigation,
maintenance, monitoring, or restoration a financial guarantee will not
be required.
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g) Failure to satisfy critical area requirements shall constitute a default,
and the Administrative Official and his or her designee may demand
payment of any financial guarantee.
h) Any funds recovered pursuant to this section shall be used to
complete the required mitigation. Such funds shall be deposited in a
separate account. The City of Yakima will use such funds to arrange
for completion of the project or mitigation, and follow -up corrective
actions.
i) Depletion, failure, or collection of financial guarantees shall not
discharge the obligation of an applicant or violator to complete
required mitigation, maintenance, monitoring, or restoration.
2) Subdivision Standards - The following standards apply to all permits or
reviews under the Subdivision Ordinance (Title 14) that contain critical
areas:
a. All subdivisions that contain critical areas shall be eligible for
density bonuses or other development incentives, as provided in
f the Subdivision Ordinance (Title 14) and Zoning Ordinances
(Titles 15);
b. Critical areas shall be actively protected through the following:
U i. Roads and utilities for the subdivision shall avoid critical
areas and their buffers, as much as possible;
ii. When Geologically Hazardous Areas (excluding Erosion,
Over steepened Slopes of Intermediate Risk, Stream
Undercutting, and Earthquake hazards), FEMA Floodway,
Channel Migration Zone (CMZ), Streams, Wetlands and /or
Vegetative Buffers fall within the boundary of a subdivision;
1. Said critical areas shall be protected by placing them
entirely within a separate critical area tract or by
1 1 including them entirely within one of the developable
parcels. Other options, such as conservation easements
and building envelopes may be deemed appropriate by
O the Administrative Official as meeting this provision
when special circumstances obstruct the viability of
this provision: •
2. For those new lots that do contain said critical areas,
useable building envelopes (5,000 square feet or more
for residential uses) shall be provided on the plat that
'1 lies outside said critical areas.
iii. New lots partially within the floodplain shall provide a
usable building envelope (5,000 square feet or more for
1 residential uses) outside the floodplain.
iv. New lots entirely within the floodplain shall be at least one
(1) acre in area;
11 v. For new lots containing streams, wetlands, and /or vegetative
buffers, outdoor use envelopes shall be provided on the plat
that lies outside said critical areas;
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vi. Degraded vegetative buffers shall be restored, or provided
with protection measures that will allow them to recover;
vii. Floodplains and critical areas shall be depicted on
preliminary subdivision plats and relevant information about
them disclosed on the final plat.
viii. Lots or parcels that lie entirely within a Geologically
Hazardous Areas (excluding Erosion, Over Steepened
Slopes of Intermediate Risk, Stream Undercutting, and
Earthquake hazards), FEMA Floodway, Channel Migration
Zone (CMZ), Stream, Wetland, and /or Vegetative Buffers
may not be further divided. 1
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CHAPTER 15.27
PART FOUR
11
FLOOD HAZARD AREAS
Sections Defined
1 fr FLO® H •
p7A.R� AREAS GE RAL PRQVISIONS z ' ' ; V
15.27.400 Flood Hazard Areas Established
15.27.401 Principles
1i 15.27.402 Applicability
15.27.403 Documented Exemptions
15.27.404 Interpretations
I 1 15.27.405 Compliance
` 15.27.406 Warning and Disclaimer of Liability
F -`4FI.OQD`1 APR'OTECTION'STANDARDSt`
I 15.27.407
15.27.408 General Standards
Specific Standards
,' WQUDW /kV : k tINGE USES F ' . u - .
111 15.27.409 Floodway Fringe Permitted Uses
15.27 410 Floodway Fringe Prohibited Uses
�, I i ,. 5 FLOODWAY USES :: j n . «. ' -
Il 15.27.411 Floodway Permitted Uses
15.27.412 Floodway Prohibited Uses
15.27.413 Floodway Non - Conforming Uses and Facilities
F " ' FLOOD - v..x . 't , D„ PROTE4')CYON A D.MI IS 1'IZATION :,a ,. ,
11 • 15.27.414 Administration
15.27.415. Authority
15.27.416 Permit — Required
II 15.27.417 Permit — Application
15.27.418 Permit - Review
15.27.419 Use of Available Data
1f 15.27.420 Limitations
15.27.421 Permit — Expiration & Cancellation
15.27.422 Performance bonds
II 15.27.423 Appeals
15.27 424 Coordination
s . `..* TWATIO �r ..= _D : I+ F I; O(IDPROO A TTO
_ FING CERTCA,� ,d
15.27.425 Applicability
I I 15.27.426 ' Certification Form
15.27.427 Information to be obtained and maintained
15.27.428 Certification Responsibility
1 ., BAZAR>n k ; ` FLOOD VyARI „ --S� t ) °
15 P rocedure
15.27.430 Variance limitations
I 15.27.431 Conditions for Authorization
15.27.432 Administrative Official's Decision
15.27.433 Notification and Final Decision
15.27.434 Power to Refer Decisions
15.27.435 Appeals
15.27.436 Federal Flood Hazard Map Correction Procedures
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FLOOD HAZARD AREAS — GENERAL PROVISIONS
15.27.400 Flood Hazard Areas Established
The special flood hazard areas identified by the Federal Emergency
Management Agency (FEMA), accompanying Flood Insurance Rate Maps
(FIRMs), Flood Boundary, and Floodway Maps, and any amendments thereto
made by the Federal Emergency Management Agency, which, are adopted by
reference and declared to be part of Part Four of the City of Yakima's Critical
Areas Ordinance and are established as flood hazard areas. The Flood
Insurance Study and maps are on file at Yakima City Hall, Yakima,
Washington.
15.27.401 Principles
(a) This Part Four recognizes the right and need of the river channel to
periodically carry more than the normal flow of water and establishes
regulations to minimize loss of life and property, restrict uses and regulate 1
structures consistent with the degree of flood hazard.
(b) In advancing the above principals, the intent of Part Four is:
(1) To alert the county assessor, appraisers, owners, potential buyers 1
and lessees to the natural limitations of flood -prone land;
(2) To meet the minimum requirements of the National Flood
Insurance program; and 1
(3) To implement state and federal flood protection programs.
15.27.402 Applicability 1
The guidelines and regulations set forth herein, Title 11 YMC, and related
Building Codes shall apply to all special flood hazard areas.
(1) The provisions of Part Four of this chapter shall apply to any
development proposed in a special flood hazard area,
(2) Flood hazard permits shall be approved by the City of Yakima.
Approval shall only be granted in accordance with Part Four of this chapter
and other applicable local, state, and federal regulations.
(3) Topographic, engineering and construction information necessary
to evaluate the proposed project shall be submitted to the department for
approval.
(4) The granting of a permit for any development or use does not
constitute a representation, guarantee or warranty of any kind or nature by
the City of Yakima, or its employees, of the practicality or safety of any
structure or proposed use, and shall not create liability upon or cause action
against the above mentioned body, or employee, for any damage that may
result.
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15.27.403 Documented Exemptions
II The following uses and activities are exempt from the provisions of Part Four
of this chapter:
(1) The alteration or substantial improvement of any structure listed on the
National Register of Historic Places or state inventory of historic places;
■
(2) The installation and maintenance of aboveground utility transmission
lines and poles;
(3) Private driveways, fences and other accessory activities and /or uses
necessary for agricultural uses which the administrative official determines will
not unduly decrease flood storage or capacity, significantly restrict floodwaters,
create a substantial impoundment of debris carried by floodwaters, and will
resist flotation and collapse;
11 15.27.404 Interpretations
(a) In the interpretation and application of Part Four of this chapter, the
provisions shall be considered as minimum requirements; and shall be strictly
construed in favor of the policies and standards herin; and deemed neither to
limit nor repeal any other powers granted under state statute. Its provisions
shall be applied in addition to and as a supplement to provisions of the Yakima
Municipal Code Title 11 Buildings, Title 12 Development Standards; Title 14
Subdivisions, and Title 15 Yakima Urban Area Zoning Ordinance. "Sections
'I 15.27.400 through 436" are not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. Where these ordinances and
other ordinances conflict or overlap, the standard imposing the more stringent
requirement shall prevail.
(b) In,an interpretation as to an exact location of the boundaries of the special
flood hazard areas (i.e., conflict between a mapped boundary and actual field
I I conditions),.the person contesting the location of the boundary shall be given a
_ reasonable opportunity to appeal the interpretation. Such appeals shall be
granted consistent with the standards of the National Flood Insurance Program
11 § 60.6 (See 44 CFR 59, et seq. and IBC 104.1).
15.27.405 Compliance No structure or land shall hereafter be used,
11 constructed, located, extended, converted, or altered without full compliance
with the terms of Part Four of this chapter and other applicable regulations.
� I 15.27.406 Warning and Disclaimer.of Liability The degree of flood
I protection required by Part Four of this chapter is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations.
�I ,Larger floods can and will occur on rare occasions. Flood heights may be
increased by manmade or natural causes. Part Four does not imply that land
outside the area of special flood hazards or permitted uses within such area will
not be subject to flooding or flood damage.
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FLOOD HAZARD PROTECTION STANDARDS
15.27.407 General Standards 1
The following regulations shall apply in all special flood hazard areas pursuant
to the IBC, ASCE -24 and Hud 24 CFR Part 3280:
(1) Anchoring and Construction Techniques.
(2) All manufactured homes must likewise be anchored to prevent flotation,
collapse or lateral movement, and shall be installed using methods and
practices that minimize flood damage. Anchoring shall meet the specifications
set forth below for structures located within one hundred (100) feet of a
floodway or the ordinary high water mark if no floodway has been established.
(3) All new construction and any improvements or additions to existing
floodproofed structures that would extend beyond the existing floodproofing
located within one hundred (100) feet of the floodway or one hundred (100)
feet of the ordinary high water mark if no floodway has been established.
(a) Unless it can be demonstrated that non - zero -rise construction
methods will not impede the movement of floodwater or displace a
significant volume of water.
(4) Except where otherwise authorized, all new construction and substantial
improvements to existing structures shall require certification by a registered 1
professional engineer, architect or surveyor that the design and construction
standards are in accordance with adopted floodproofing techniques.
(a) Utilities. 1
(1) All new and replacement water supply systems and sanitary sewage
systems shall be designed to minimize or eliminate infiltration of
floodwaters into the systems and discharge from the systems into 1
floodwaters; and on -site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding.
(b) Subdivision Proposals. Subdivision proposals shall:
(1) Be consistent with the need to minimize flood damage;
(2) Have roadways, public utilities and other facilities such as sewer,
gas, electrical, and water systems located and constructed to minimize
flood damage;
(3) Have adequate drainage provided to reduce exposure to flood
damage; and
(4) Include base flood elevation data.
(a) In the cases where base flood elevation is not available and the
subdivision is 'greater then 5 acres or 50 lots a step -back water analysis
shall be require to generate the base flood elevation data.
(c) Watercourse Alterations. The flood - carrying capacity within altered or
relocated portions of any watercourse shall be maintained. Prior to the approval
of any alteration or relocation of a watercourse in riverine situations, the
department shall notify adjacent communities, the Department of Ecology and
FEMA of the proposed development.
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15.27.408 Specific Standards In all special flood hazard areas where base
elevation data has been provided as set forth in § 15.27.400, the following
regulations shall apply, in addition to the General Standards of § 15.27.407:
(1) Residential Construction. (See. IRC 323.2)
(A) New construction and substantial improvement of any residential
structure shall have the lowest floor, including basement, elevated at a
minimum to or above the base flood elevation.
' t (B) Fully enclosed areas below the lowest floor that are subject to
I flooding are prohibited, or shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry and exit of
'I floodwaters. Designs for meeting this requirement must either be certified by a
registered professional engineer or architect or must meet or exceed the
following minimum criteria:
I 1 (i) A minimum of two (2) openings having a total net area of not
less than one (1) square inch for every square foot of enclosed
area subject to flooding shall be provided.
11 (ii) The bottom of all openings shall be no higher than one (1) foot
above grade.
(iii) Openings may be equipped with screens, louvers, or other
coverings or devices, provided that they permit the automatic
entry and exit of floodwaters.
(C) Residential construction within one hundred (100) feet of a
�I floodway, or the ordinary high water mark if no floodway has been established,
shall also meet the requirements of § 15.27.407(3).
(2) Nonresidential Construction (44 CFR 60.3(c)(3)(4)). New
construction and substantial improvement of any commercial, industrial or
other nonresidential structure shall either have the lowest floor, including
basement, elevated one foot or more above the base flood elevation; or,
together with attendant utility and sanitary facilities, shall:
1) Be floodproofed so that below one foot or more above the base
flood level the structure is watertight with walls substantially
impermeable to the passage of water;
111 2) Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy;
3) Be certified by a registered professional engineer or architect
11 that the design and methods of construction are in accordance
with accepted standards of practice for meeting provisions of
this subsection based on their development and /or review of the
N structural design, specifications and plans;
4) Nonresidential structures that are elevated, not floodproofed,
must meet the same standards for space below the lowest floor
as described in 15.27A08 (1) (B) above;
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(3) Manufactured Homes. Manufactured homes shall be elevated in
accordance with IBC § 501.1 Appendix "G ".
(4) Recreational Vehicles Recreational vehicles placed on sites are
required to either:
1) Be on the site for fewer than 180 consecutive days, (or)
2) Be fully licensed and ready for highway use, on wheels or jacking
system, attached to the site only by quick disconnect type utilities
and security devices, and have no permanently . attached additions;
or
3) Meet the anchoring requirements of 15.27.408 (3) above.
11
FLOODWAY FRINGE USES
15.27.409 Permitted Uses The following uses are permitted in the
floodway fringe areas:
(1) Any use permitted in the zoning district in accordance with Title 15 of
the Yakima Municipal Code, unless prohibited by § 15.27.410.
(2) Utility Transmission Lines. Utility transmission lines shall be permitted
when consistent with Title 15 and where not otherwise inconsistent with Part
Four of this chapter; except that when the primary purpose of such a
transmission line is to transfer bulk products or energy through a floodway
fringe or special flood hazard area, such transmission line shall conform to the
following:
(A) Electric transmission lines shall cross floodway fringe and special
flood hazard areas by the most direct route feasible. When support towers must 1
be located within floodway fringe or special flood hazard areas, they shall be
placed to avoid high floodwater velocity and /or depth areas, and shall be
adequately floodproofed. a
(B) Buried utility transmission lines transporting hazardous materials,
including but not limited to crude and refined petroleum products and natural
gas, shall be buried a minimum of four (4) feet. Such burial depth shall be 1
maintained within the floodway fringe or special flood hazard area to the
maximum extent of potential channel migration as determined by hydrologic
analyses. All such hydrologic analyses shall conform to requirements of §
15.27.411(3)(C).
(C) Beyond the maximum extent of potential channel migration, utility
transmission lines transporting hazardous and non - hazardous materials shall be
buried below existing natural and artificial drainage features.
(D) Aboveground utility transmission lines, not including electric
transmission lines, shall only be allowed for the transportation of non-
hazardous materials. In such cases, applicants must demonstrate that line
placement will have no appreciable effect upon flood depth, velocity or
passage. Such lines shall be adequately protected from flood damage.
256 11
(E) Aboveground utility transmission line appurtenant structures,
including valves, pumping stations or other control facilities, shall not be
permitted in floodway fringe or special flood hazard areas except where no
other alternative is available, or in the event a floodway fringe or special flood
hazard location is environmentally preferable. This does not apply to domestic
water and regional wastewater transmission pipes. In such instances,
aboveground structures shall be located so that no appreciable effect upon flood
depth, velocity or passage is created, and shall be adequately floodproofed.
15.27.410 Prohibited Uses The following uses shall be prohibited in
floodway fringe areas:
(1) New manufactured home parks and the expansion of manufactured
home /parks.
tl FLOODWAY USES
'I 15.27.411 Permitted Uses Permitted uses include any use permitted in the
zoning district in accordance with Title 15 of this code, provided that said use
is in compliance with the flood hazard protection standards of §§ 15.27.407 -
I1 408 and other applicable provisions of this chapter and will have a negligible
effect upon the floodway in accordance with the floodway encroachment
provisions of § 15.27.412(2): Permitted uses include:
'I (1) All encroachments, including fill, new construction and other development
unless certification by a registered professional engineer is provided
demonstrating through hydrologic and hydraulic analysis performed in
1111 accordance with standard engineering practice that the effect of the subject
encroachment together with the cumulative effects of all similar potential
encroachments shall not materially cause water to be diverted from the
�I established floodway, cause erosion, obstruct the natural flow of water, reduce
the carrying capacity of the floodway, or result in any increase in flood levels
during the occurrence of the base flood discharge. .
'I (2) Surface mining, provided that the applicant can provide clear evidence
that such uses will not divert flood flows causing channel -shift or erosion,
accelerate or amplify the flooding of downstream flood hazard areas, increase
the flooding threat to upstream flood hazard areas, or in any other way threaten
public or private properties. When allowed, such removal shall comply with the
provisions of Title 15.
11 (3) Utility transmission lines, unless otherwise prohibited by this chapter;
except that when the primary purpose of such a transmission line is to transfer
bulk products or energy through a floodway en route to another destination, as
opposed to serving customers within a floodway, such transmission lines shall
conform to the following:
(A) All utility transmission lines shall cross floodways by the most
direct route feasible as opposed to paralleling floodways;
(B) Electric transmission lines shall span the floodway with support
towers located in flood fringe areas or beyond. Where floodway areas cannot
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be spanned due to excessive width, support towers shall be located to avoid
high floodwater velocity and /or depth areas, and shall be adequately
floodproofed; 1
(C) Buried utility transmission lines transporting hazardous and non-
hazardous materials, including but not limited to crude and refined petroleum
products and natural gas, shall be buried a minimum of four (4) feet below the
maximum established scour of the waterway, as calculated on the basis of
hydrologic analyses. Such burial depth shall be maintained horizontally within
the hydraulic floodway to the maximum extent of potential channel migration
as determined by hydrologic analyses. In the event potential channel migration
extends beyond the hydraulic floodway, conditions imposed upon floodway
fringe and special flood hazard areas shall also govern placement. All
hydrologic analyses are subject to acceptance by the City of Yakima, which
shall assume the conditions of a one - hundred (100) year frequency flood as
verified by the U.S. Army Corps of Engineers, and shall include on -site
investigations and consideration of historical meander characteristics in
addition to other pertinent facts and data. The use of riprap as a meander
containment mechanism within the hydraulic floodway shall be consistent with
the City of Yakima Shoreline Master Program Regulations,
(D) Beyond the maximum extent of potential channel migration, utility
transmission lines transporting hazardous and non - hazardous materials shall be
buried below existing natural and artificial drainage features.
(E) Aboveground utility transmission lines, not including electric 0
transmission lines, shall only be allowed for the transportation of non-
hazardous materials where an existing or new bridge or other structure is
available and capable of supporting the line. When located on existing or new
bridges or other structures with elevations below the one - hundred (100) year
flood level, the transmission line shall be placed on the downstream side and
protected from flood debris. In such instances, site - specific conditions and 1
flood damage potential shall dictate placement, design and protection
throughout the floodway. Applicants must demonstrate that such aboveground
lines will have no appreciable effect upon flood depth, velocity or passage, and 0
shall be adequately protected from flood damage. If the transmission line is to
be buried except at the waterway crossing, burial specifications shall be
determined as in subsection (2)(C) above.
(4) Construction or reconstruction of residential structures only as
authorized in § 15.27.412(5);
(5) Improvements to existing residential structures that are not substantial
improvements per § 15.27.294, provided the improvement complies with the
requirement set forth in § 15.27.412(2).
(6) Water- dependent utilities and other installations which by their very nature
must be in the floodway. Examples of such uses are: dams for
domestic /industrial water supply; wastewater treatment and collection systems;
stream crossings or wetlands, flood control and/or hydroelectric production;
water diversion structures and facilities for water supply; irrigation and /or
fisheries enhancement; floodwater and drainage pumping plants and facilities;
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hydroelectric generating facilities and appurtenant structures; and structures
and nonstructural uses and practices; provided, that the applicant shall provide
evidence that a floodway location is necessary in view of the objectives of the
proposal, and provided further that the proposal is consistent with other
provisions of this chapter and the City's Shoreline Master Program. In all
instances of locating utilities and other installations in floodway locations,
projectdesign must incorporate floodproofing and otherwise comply with §§
(3) (A) — (E) above;
u (7) Dikes, provided that the applicant can provide evidence that:
(A) Adverse effects upon adjacent properties will not result relative to
increased floodwater depths and velocities during the base flood or other more
frequent flood occurrences,
(B) Natural drainage ways are minimally affected in that their ability
to adequately drain floodwaters after a flooding event is not impaired,
(C) The proposal has been coordinated through the appropriate diking
district where applicable, and that potential adverse effects upon other affected
diking districts have been documented;
(8) Roads and bridges, subject to the regulations of §§ (3) (A) -(E) above.
15.27.412 Prohibited Uses The following uses /developments are
prohibited in the floodway:
(1) Any structure, including manufactured homes, designed for or to be
11 used for human habitation of a permanent nature (including temporary
dwellings authorized by §§ 15.04.100 & 15.04.110);
(2) Any encroachments, including fill, new construction and other
11 development shall require certification by a registered professional engineer is
provided demonstrating through hydrologic and hydraulic analysis performed
in accordance with standard.engineering practice that the effect of the subject
encroachment together with the cumulative effects of all similar potential
encroachments shall not materially cause water to be diverted from the
established floodway, cause erosion, obstruct the natural flow of water, reduce
II the carrying capacity of the floodway, or result in any increase in flood levels
A during the occurrence of the base flood discharge;
(3) Aboveground utility transmission line appurtenant structures, including
valves, pumping stations, or other control facilities, shall not be permitted in
the floodway, except for domestic water and regional wastewater facilities
where necessary;
111 (4) Where a floodway has not been determined by preliminary Corps of
. Engineers' investigations or official designation, a floodway shall be defined by
qualified engineering work by the applicant on the basis of a verified one -
hundred (100) year flood event;
(5) Construction or reconstruction of residential structures within
designated floodways, except for:
(i) Repairs, reconstruction, or improvements to a structure which do not
increase the ground floor area; and
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(ii) Repairs, reconstruction or improvements to a structure, the cost of
which does not exceed fifty (50) percent of the assessed value of the
structure either (A) before the repair, reconstruction or improvement is
started, or (B) if the structure has been damaged and is being restored,
before the damage occurred.
(iii) Work done on structures to correct existing violations of existing
health, sanitary or safety codes, or to structures identified as historic
places shall not be included in the fifty (50) percent.
(iv) If subsection (2) of this section is satisfied, all new construction
and substantial improvements shall comply with all applicable flood
hazard reduction provisions of Part Four.
(6) The construction or storage of any object subject to flotation or
movement during flood level periods;
(7) The following uses, due to their high degree of incompatibility with the
purpose of establishing and maintaining a functional floodway, are specifically
prohibited:
(A) The filling of wetlands, except as authorized under Part Five Fish
and Wildlife Habitat and the Stream Corridor and Part Six Wetlands;
(B) Solid waste landfills, dumps, junkyards, outdoor storage of
vehicles, and /or materials; and
(C) Damming or relocation of any watercourse that will result in any
downstream increase in flood levels during the occurrence of the base flood
discharge (See § 15.27.509);
(8) The listing of prohibited uses in section shall not be construed to
alter the general rule of statutory construction that any use not permitted is
prohibited. 0
15.27.413 Non - Conforming Uses and Facilities
(a) Within the special flood hazard areas established by YMC Ch. 15.19 or 0
amendments thereto, there may exist structures and uses of land and structures
which were lawful before these sections were adopted or amended, but which
would be prohibited, or restricted under the terms of Part Four of this chapter or 1
future amendment.
(b) It is the intent of YMC Ch. 15.19 to permit these lawful pre - existing 0
nonconformities to continue until they are removed by economic forces or,
otherwise, but not to encourage their survival except in cases where
continuance thereof would not be contrary to the
public health, safety. or welfare, or the spirit of this chapter .
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FLOOD HAZARD PROTECTION ADMINISTRATION
11 15.27.414 Administration The building official is vested with the duty of
administering the rules and regulations relating to flood hazard protection in
accordance with the provisions of Part Four and may prepare and require the
use of such forms as are essential to such administration.
15.27.415 Authority Upon application, the building official shall have the
authority to grant a flood hazard permit when compliance with the applicable
conditions as set forth in Part Four of this chapter and in other,applicable local,
state and federal regulations has been demonstrated and the proposal is found
to be consistent with the purpose of the policies of the Critical Areas
Ordinance.
�D 15.27.416 Permit = Required Prior to any development within a special
flood hazard area, a.flood hazard permit shall be obtained. This permit may be
11 in addition to the critical area development authorization as set forth in Part
Three.
15.27.417 Permit — Application All persons applying for a flood hazard
11 permit shall submit a written application, accompanied by an application fee as
specified in Title 11, using the forms supplied. The application shall not be
considered complete until the following minimum information is provided as
�I identified below and in YMC § 15.11.050:
(1) Name, address and telephone number of applicant and property owner
if different;
(2) Project description and taxation parcel identification number;
(3) Name of the stream or body of water associated with the floodplain in
which the development is proposed;
'I (4) Site plan map drawn to an engineering scale showing:
(A) Actual dimensions and shape of the parcel to be built on;
(B), Sizes and location of existing structures on the parcel;
�I (C) Location and dimensions of the proposed development, structure
or alteration;
(D) Location, volume and type of any proposed fill;
�I (E) The application shall include other information as may be required
by the Administrative Official to clarify the application for the enforcement of
Part Four of this chapter; .
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15.27.418 Permit — Review Flood hazard permit applications will be
reviewed to determine:
(1) The elevation and floodproofing requirements of Part Four of this
chapter;
(2) The proposed development's location in relation to the floodway and
any encroachments § 15.27.412(2);
(3) Alteration or relocation of a watercourse § 15.27.407(d);
(4) That the proposed development is a permitted use under. Part Four of
this chapter and Title 15;
(5) That all necessary permits have been obtained from those federal, state
or local governmental agencies from which prior approval is required. 1
15.27.419 Use of Available Data When base flood elevation data has not
been provided in accordance with § 15.27.400, Flood hazard areas established,
the City shall obtain, review, and reasonably utilize any base flood elevation
and floodway data available from a federal, state or other source, in order to
administer § 15.27.408 Specific Standards, 15.27.412 Floodway Prohibited
Uses, and § 15.25 Violations and Enforcement and Administration.
15.27.420 Limitations Permits issued on the basis of plans and
applications approved by the Administrative Official authorize only the use,
arrangement and construction set forth in such approved plans and applications,
and no other use, arrangement or construction. Use, arrangement or
construction at variance with that authorized is a violation of Part Four and
punishable as provided by § 15.25 Violations and Enforcement and
Administration.
15.27.421 Permit — Expiration & Cancellation If the work
described in any permit has not begun within one hundred eighty (180) days 1
from the date of issuance thereof, the permit shall expire and be canceled by the
building official.
15.27.422 Performance bonds.
(a)The City may require bonds in such form and amounts as may be deemed
necessary to assure that the work shall be completed in accordance with
approvals under Part Four. Bonds, if required, shall be furnished by the
property owner, or other person or agent in control of the property.
(b)In lieu of a surety bond, the applicant may file a cash bond or instrument of
credit with the City in an amount equal to that which would be required in the
surety bond. 0
15.27.423 Appeals 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.
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• 15.27.424 'Coordination Upon application, the building official
shall have the authority to grant a flood hazard permit when compliance with
'I the applicable conditions as set forth in Part Four of this chapter and in other
applicable local, state and federal regulations has been demonstrated and the
proposal is found to be consistent with the purpose of this chapter.
ELEVATION AND FLOODPROOFING CERTIFICATION
'I 15.27.425 Applicability Certification for elevation or floodprofing
shall be required only for the new construction or substantial improvement of
any residential, commercial, industrial, or nonresidential structure located in a
special flood hazard area.
H 15.27.426 Certification Form The form of the elevation and
floodproofing certificate shall be specified by the administrative official and
shall be generally consistent with that required by FEMA for the administration
of the National Flood Insurance Program.
15.27.427 Information to be obtained and maintained The
elevation and floodproofing certificate shall verify the following flood hazard
protection information:
(1) The actual elevation (in relation to mean sea level) of the lowest
11 floor (including basement) of all new or substantially improved structures, and
whether or not the structure contains a basement;
II (2) The actual elevation in relation in mean sea level of flood proofing of
all new or substantially improved non- residential flood proofed structures.
Q (3) Where a base flood elevation has not been established according to
§ 15.27.400, or where elevation data is not available either through the Flood
Insurance Study, FIRM, or from another authoritative source, applications for
11 building permits shall be reviewed to assure that proposed construction will be
reasonably safe from flooding. The test of reasonableness is a local judgment
and includes use of historical data, high water marks, photographs of past .
flooding, etc., where available.
15.27.428 Certification Responsibility The project proponent
shall be responsible for providing required certification data to the
administrative official prior to the applicable construction inspection specified
in the certification form. All elevation and floodproofing data specified in §
II 15.27.427 must be obtained and certified by a registered professional engineer,
architect, or surveyor. The elevation and floodproofing certification shall be
permanently maintained by the administrative official.
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FLOOD HAZARD VARIANCES
15.27.429 Procedure Any person seeking a variance from the
requirements of Part Four authorized under § 15.27.430 shall make such
request in writing to the planning department on the forms they supply. Upon
receipt of a completed application and application fee for the variance, a notice
of the variance request shall be forwarded to all landowners of adjacent
property within twenty eight (28) days of the receipt of a completed application
and payment of fees. The notice shall solicit written comment on the variance
request and specify a time period not less than twenty (20) days from the date
of mailing, during which written comments may be received and considered.
The notice shall also state that copies of the administrative official's final
decision will be mailed upon request. The administrative official may also
solicit comments from any other person or public agency he or she feels may
be affected by the proposal.
15.27.430 Variance limitations
(a) Variances shall be limited solely to the consideration of:
(1) Elevation requirements for lowest floor construction; 0
(2) Elevation requirements for floodproofing; and
(3) The type and extent of floodproofing.
(b) Variances shall not be considered for any procedural or informational 0
requirements or use prohibitions of Part Four.
15.27.431 Conditions for Authorization Before a variance to the m
provisions of Part Four may be authorized, it shall be shown that:
(1) There are special circumstances applicable to the subject property or to
the intended use, such as size, topography, location or surroundings, that do not
111
apply generally to other property in the same vicinity and zone;
(2) The granting of such variance will not be materially detrimental to the
public welfare or injurious to the property or improvements in the vicinity and
zone in which the subject property is located;
(3) Such a variance is the minimum necessary, considering the flood
hazard, to afford relief;
(4) Failure to grant the variance would result in exceptional hardship to the
applicant; and
(5) The granting of such a variance will not result in:
(A) Increased flood heights;
(B) Additional threats to public safety;
(C) Creation of nuisances;
(D) Extraordinary public expense; or
(E) Conflicts with other existing local laws or ordinances.
15.27.432 Administrative Official's Decision After considering
any comments received from other agencies, jurisdictions or adjoining property
264
owners, the administrative official shall approve, approve with conditions, or
deny the variance request. The administrative official shall prepare written
findings and conclusions stating the specific reasons upon which the decision is
based.
15.27.433 Notification and Final Decision The decision shall be
issued within seven (7) days from the end of the comment period. Further, the
!1B administrative official shall mail the findings and decision to. the applicant and
to other parties of record requesting a copy.
15.27.434 Power to Refer Decisions In exercising the duties and
powers of implementing and administrating Part Four of this chapter, the
administrative official may refer any variance application to the hearing
examiner for action at a public hearing.
15.27.435 Appeals Any decision by the administrative official to
approve or deny a variance request may be appealed subject to the procedures
set forth in YMC Ch. 15.16.
15.27.436 Federal Flood Hazard Map Correction
Procedures The procedures for federal flood hazard map correction, as
provided in federal regulations 44 CFR 70 of the National Insurance Program
are hereby adopted by reference.
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CHAPTER 15.27
PART FIVE
FISH AND WILDLIFE HABITAT AND THE STREAM CORRIDOR
SYSTEM
Sections Defined:
„ � . ,Introduct on � t
15.27.500 Purpose and Intent
15.27.501 Protection Approach
fivV¢ V? . Des�gnationanci,IVia 7� w x =i
P1? g
15.27.502 Hydrologically Related Critical Area Features
15.27.503 Habitat and Habitats of Local Importance
15.27.504 Functional Properties
15.27.505 Stream, Lake and Pond Typing System
15.27.506 Wetland Rating System
15.27.507 Maps
.. `a ,Ad'ei aLDeyelo menu
15.27.508 Prohibited Uses
15.27.509 General Policies and Standards
W' Dependency Deve. Iop nent Standards and ffer�Regiuremeats
15.27.510 Use Classifications
15.27.511 Water - dependent Uses
15.27.512 Water- related Uses
15.27.513 Non -water Oriented Uses
15.27.514 Vegetative Buffers
. r Land Mo lification evelo ment ,Stan arils _ E n .
15.27.515 Roads, Railroads and Parking
15.27.516 Utility Transmission Lines
15.27.517 Shore Stabilization
15.27.518 Dredging and Excavation
15.27.519 Filling
15.27.520 Commercial Mining of Gravels
15.27.521 Reclamation
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15.27.500 Purpose and Intent
(a) The stream corridor system includes hydrologically related critical
areas, streams, lakes, ponds, and wetlands and is part of a fragile and
highly complex relationship of geology, soils, water, vegetation and
wildlife. Policies and standards to help conserve and protect are
designed to accomplish the following:
(1) Meet the requirements of the Growth Management Act (RCW
aD 36.70A.172) regarding best available science;
(2) Follow the requirements pursuant to the Flood - Resistant
I I Construction in the adopted Building Code.
(3) Provide a zero net loss of natural wetland functions and values.
(4) Provide possible alternatives for necessary development,
construction, and uses within a designated stream corridor and
other hydrologically related critical areas;
(5) Prevent decline in the quantity and quality of surface and
. subsurface waters;
(6) Conserve, restore, protect fish and wildlife habitats,
vegetation, and ecological relationships;
�I (7) Protect sensitive areas of the stream corridor from the potential
negative effects of development;
(8) Through voluntary agreements or government incentives,.
I 1 provide protection of natural wetland functions and Recognize wildlife areas conservation habitats within their
natural geographic location through coordinated land use
planning.
u' 15.27.501 Protection Approach
1) To maintain fish and wildlife habitat there must be adequate
environmental conditions for reproduction, foraging,, resting, cover, and
dispersal of animals.
Factors affecting both . habitat and its quality include the presence of
essential resources such as food, water, nest building materials and lack
of diseases.. The City of Yakima protects fish and wildlife habitat
through:
a. Protection of habitat for aquatic species; and,
b. Protection of habitat for species located near the water.
2) The City of Yakima's approach to protecting Threatened, Endangered,
I and Sensitive Species Habitat is by using the protection approach
sections of this chapter. .
Desi natioi Viand `1Ma ni
15.27.502 Hydrologically Related Critical Area Features
Stream corridors and other
hydrologically related critical areas include
one (1) or more of the following features:
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(1) Any floodway or floodplain identified as a special flood hazard area
identified by the Federal Emergency Management Agency (FEMA) as
identified in the Flood Insurance study or corresponding maps, is
hereby adopted by reference and declared to be part of this chapter;
(2) Perennial and intermittent streams, excluding ephemeral streams,
including the stream main channel and all secondary channels within
the ordinary high water mark;
(3) Naturally occurring ponds under twenty (20) acres and associated
submerged aquatic beds; and man -made lakes and ponds created within
a stream channel;
(4) All wetlands as defined in § 15.27.299;
(5) Any flood -prone area indicated by U.S. Soil Conservation Service soil
survey data; and
(6) A buffer area for a stream channel, lake, or pond or from the edge of a
wetland.
15.27.503 Habitat and Habitats of Local Importance
Habitats of Local Importance are habitats or species that due to their declining
population, sensitivity to habitat manipulation or other values make them
important on a local level. Habitats of Local Importance may include a seasonal
range or habitat element with which a given species has a primary association,
and which, if altered, may reduce the likelihood that the species will `maintain
and reproduce over the long term.
1. Species and Habitats of Local Importance may be identified for
protection under this chapter. State or local agencies, individuals or 11
organizations may identify and nominate for consideration specific
species and habitats, or a general habitat type, including streams, ponds
or other features. Proponents shall have the burden of presenting 1
evidence concerning the criteria set forth below. The nomination shall
be processed once a year through the annual Comprehensive Plan
amendment cycle. 1
a. The decision for changes to species and habitats of local
importance shall consider:
i. Concern due to population status;
ii. Sensitivity to habitat manipulation;
iii. Importance to the local community; and
iv. Criteria used to identify state Priority Species, which
includes:
1. State Candidate Species that are defined by
WDFW Policy M -6001 to include fish and
wildlife species that WDFW will review for .
possible listing as State Endnaged, Threatened, or
Sensitive;
2. Vulnerable Aggregations, which includes those
species or groups of animals susceptible to
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significant population declines, within a specific
area, by virtue of their inclination to aggregate;
01 3. Species of Recreational, Commercial, and /or
Tribal Importance that are Vulnerable; and
4. The Economic impact both positive and negative
to the applicants property or surrounding
property. Economic impact are to bedeternined
by a properly qualified individual or firm using
industry standards.
b. Nominated habitats, and habitats for species of local importance
shall consider the following, and must include maps to illustrate
the proposal:
i. A seasonal range or habitat element which, if altered,
01 may reduce the likelihood that the species will maintain
or reproduce over the long term;
ii. Areas of high relative density or species richness,
breeding habitat, winter range, and movement corridors;
iii. Habitat with limited availability or high vulnerability to
alteration; and
iv. Whether these habitats are already identified and
protected under the provisions of this or other local
ordinances or state or federal law. .
� 1 c. Habitat management recomendations shall be included for use in
p the administration of this section.
2. Development Standards. Projects located within a Habitats of Local
Importance, as designated in subsection (1) above shall meet the
standards below, rather than the development standards in §§ 15.27.508
J — 521, unless review is also needed for a Hydrologically Related
Critical Area.
a Proj ects be designated using
reco mmendations established for the species management or habitat by
federal and state agencies, or those adopted for Species and
Habitats of Local Importance by the City of Yakima. The
department shall consider the extent such recommendations are
used in its decision on the proposal, and may consider
recommendations and advice from agencies with expertise.
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15.27.504 • Functional Properties
1) Streams, lakes, ponds and wetlands, require a sufficient riparian
area to support one (1)•or more of the following functional
properties:
a) Stream bank and shore stabilization;
b) Providing a sufficient shade canopy to maintain water
temperatures that supports fish and their habitat;
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c) Moderating the impact of stormwater runoff;
d) Filtering solids, nutrients and harmful substances;
e) Surface erosion prevention;
f) Providing and maintaining migratory corridors for wildlife;
g) Supporting a diversity of wildlife habitat;
h) Allowing for the natural occurrence of woody debris and
organic matter to collect in the aquatic environment.
2) Stream channels assist in one (1) or more of the following
functional properties:
a) Groundwater recharge and /or discharge;
b) Water transport;
c) Sediment transport and /or storage;
d) Biochemical functions
e) Channel migration and the protection of habitats;
f) Food and habitat.
3) Lakes, ponds and wetlands generally provide similar functions and
generally provide one (1) or more of the following functional
properties:
a) Biogeochemical functions that improve water quality;
b) Hydrologic functions maintaining the water regime in a
watershed (flood flow attenuation, decreasing erosion, and
groundwater recharge);
c) Food and habitat.
4) Floodplains generally provide one (1) or more of the following
functional properties:
a) Floodwater storage;
b) Floodwater passage and the movement of high velocity
waters;
c) Sediment storage and recruitment;
d) Food and habitat;
e) Nutrient sink and /or source;
f) Groundwater recharge and discharge.
5) Habitat for wildlife consists of the arrangement of food, water,
cover, and space. Wildlife habitat generally includes one (1) or
more of the following functional properties:
a) Reproduction and /or nesting;
b) Resting and refuge;
c) Foraging for food;
d) Dispersal and migration.
6) Some functions require larger areas, which may not be achievable
due to existing development and construction constraints, especially
in urban areas. In these instances, adjustments to the minimum
standards to accommodate such constraints may be necessary.
Where adjustments may be necessary, reductions of standards
should be offset by enhancement, restoration or preservation
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measures which replace the lost functions or values or strengthen
other functional values if replacement is not possible.
15.27.505 , Streams, Lakes and Ponds Typing System
For purposes of this chapter, the City of Yakima hereby adopts a stream,
lake and pond typing system, for those features designated as critical
areas in § 15.27.502 as follows:
EIS (1) Type 1 streams are those waters, within their ordinary high water mark
(OHWM), meeting the criteria as "shorelines of the state" and
"shorelines of statewide significance" under RC.W Ch. 90.58. Waters
associated with Type 1 streams as defined in RCW Ch. 90.58 are not
1 1 included.
(2) Type 2 streams are those surface water features which require
�I protection due to the nature of their contributions to the functional
properties listed in § 15.27.504 and are considered "Streams, Lakes
and /or Ponds of Local Importance," as listed in Appendix A.
(3) Type 3 streams include all perennial streams within the City of
Yakima not classified as Type 1 or 2. (See § ,15.27.275 definition for
perennial stream).
(4) Type 4 streams are all intermittent streams within the City of Yakima
not classified as Type 1, 2 or 3. (See § 15.27.258 definition for
intermittent stream)
(5) Type 5 streams are all ephemeral streams within the City of Yakima
�I not classified as Type 1, 2, 3 or 4. Type 5 streams, are not regulated as
streams. (See § 15.27.236 definition for ephemeral stream)
(6) Lakes and Ponds
1111 a). . Lakes and ponds not designated as a shoreline that
receive water from the OHWM of a Type 2, 3, or 4 stream shall
have the same surface water type as the highest stream type from
111 which the lake or pond receives water.
b). Natural lakes and ponds, not designated as a shoreline,
that do not receive water from the OHWM of a Type 1, 2, 3, or
4 stream shall be Type 3 ponds.
c). Lakes or ponds not designated as a shoreline that are
connected to a Type 1 stream shall be Type 1 ponds.
15.27.506 Wetland Rating System
Wetlands within the City of Yakima are defined in § 15.27.299 and are shown
on the data maps referenced in § 15.27.507 Maps. Most, but not all, of the
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wetlands within the City of Yakima occur near streams. The functional
properties for wetlands are identified in §§ 15.27.504, and 15.27.603.
For regulatory purposes, wetlands are classified into four (4) categories
according to the Wetland Rating System found in § 15.27.603(2) Wetland
Functions and Rating.
15.27.507 Maps
Certain fish and wildlife habitat and hydrologically related critical areas have
been inventoried and are depicted on a series of paper . and electronic maps.
The maps do not officially define the extent or characteristics of specific
critical areas; rather the potential physical boundaries and characteristics.
Maps may be both regulatory and non - regulatory in nature as described below:
1) Regulatory maps include•the following:
a) Any floodway or floodplain identified as a special flood hazard
area by the Federal Emergency Management Agency (FEMA) as 1
identified in the Flood Insurance Studies (FIRM).
2) Informational maps indicate the approximate presence, location and /or
typing of the potential critical area. Informational maps include, but are
not limited to the following:
a) Wetlands;
b) Streams; 10
c) Channel migration zone; and
d) Species and Habitats of Local Importance — Note: This map will
be generated at such a time when the City of Yakima formally
adopts a specie or habitat of local importance.
3) Other non - regulatory information sources include maps or other data
sources, but are not limited to:
a. Comprehensive Flood Hazard Management Plans;
b. Soil Survey of the City of Yakima;
c. Surface Geologic Maps;
d. Historic and Current Aerial Photo Series; and
e. Geohydraulic studies — geologic cross sections showing aquifers
and confining units.
Gealeral'De ,el ®9 .L . ,.,` a
meniEStan aids, .. 7'7%
15.27.508 Prohibited Uses
The following uses and activities are prohibited within a designated
hydrologically related critical area:
(1) Storage, handling, and disposal of material or substances that are
dangerous or hazardous with respect to water quality and life safety;
(2) The placement of mining tailings, spoilage, and mining waste materials,
except for that associated with the mining of gravel;
(3) The draining or filling of a wetland, lake or pond, except as provided
for in § 15.27.519;
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111
(4) The removal and transport of material fill outside of the stream
111 corridor;
(5) Site runoff storage ponds, holding tanks and ponds, and other similar
waste disposal facilities. Note: This provision does not include
O � Regional Wastewater plant facilities, collection pipes, septic systems,
approved by a local or state agency, and other related facilities;
(6) Solid waste disposal sites; •
(7) Automobile wrecking yards;
(8) Fill for the sole purpose of increasing land area within the stream
corridor;
J� (9) Uses located within the floodway fringe that are listed in § 15.27.410;
and, •
(10) Uses located within the floodway that are listed in § 15.27.412.
111
15.27.509 General Policies and Standards '
The following policies and standards shall apply to any development,
construction, or use carried out within a designated hydrologically related
critical area:
11 (1) The ordinary high water mark of a stream or lake, and the edge of a
wetland shall be marked on the ground before any development,
construction, or use is initiated.
1 (2) Existing vegetation and any vegetative species pertinent to the critical
area identified on the project site within the stream corridor shall only
be disturbed to the minimum extent possible.
O (3) Nesting areas and other sensitive habitat identified within a stream
corridor shall be disturbed to the minimum extent possible.
(4) Projects within the stream corridor shall be scheduled to occur at times
I� and during seasons having the least impact to spawning, nesting, or
other sensitive wildlife activities. Scheduling recommendations from
I' the appropriate state and /or federal agency may be considered.
(5) Developments that obtain a stormwater permit approved by a local,
state or federal agency and transportation projects using the Eastern
Washington Stormwater manual are exempt from:
O a. Excavation, grading, cut /fills, compaction, and other
modifications which contribute to erosion of soils shall be
confined to the minimum necessary to complete the authorized
work and avoid increased sediment load.
b. The removal of ground -cover vegetation, excavation, and
I' grading shall be scheduled for periods when soils are the least
vulnerable to erosion, compaction and movement unless suitable
protective measures are used to prevent erosion.
n c. Increases in impervious surface area, compaction of soil,
u changes in topography, and other modifications of land within a
stream corridor shall provide on -site facilities for the detention,
11
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control, and filtration if potential increases have been identified
to occur.
d. The discharge point for controlled stormwater runoff shall be
designed and constructed to avoid erosion.
e. Matting or approved temporary ground cover shall be used to
control erosion until natural vegetative ground cover is
successfully established.
(6) Development, construction, and uses shall not directly or indirectly
degrade surface water and groundwater through the introduction of
nutrients, fecal coliform, toxins, and other biochemical substances.
(7) Prior to the approval of development, construction, or uses within a
designated stream corridor, any existing source of biochemical or
thermal degradation identified as originating on the project property
shall be corrected.
(8) Facilities which use fertilizers, pesticides or herbicides shall use
landscaping, low -risk products, application schedules, and other
protective methodology to minimize'the surface and subsurface transfer
of biochemical materials into the stream corridor.
(9) Modifications to natural channel gradient, channel morphology,
drainage patterns, and other stream features shall not permanently alter
or obstruct the natural volume or flow of surface waters.
(10) R Development, construction, or uses within the stream corridor shall not
alter or divert flood flows, cause channel shift, erosion, and increase or
accelerate the flooding of upstream or downstream flood hazard areas.
(11) Structures placed in close proximity to the outer edge of bends in
stream channels shall be located to minimize the hazard from stream 01
undercutting and stream bank erosion stemming from potential future
stream migration.
(12) The Department of Ecology and adjacent communities shall be notified
prior to any alteration or relocation of a watercourse and evidence of
such notification shall be submitted to the Federal Emergency
Management Agency. 01
(13) Maintenance shall be provided for the altered or relocated portion of
said watercourse so that the flood - carrying capacity is not diminished.
(14) Development, construction, or uses within the hydrologically related
critical area shall be mitigated using mitigation sequencing as outlined
in § 15.27.307 Mitigation Requirements.
(15) Development shall not obstruct, cut off, or isolate stream corridor
features.
(16) Nothing in these regulations shall constitute authority of any person to
trespass or in any way infringe upon the rights of private ownership.
(17) If archaeological resources are uncovered during excavation, developers
and property owners shall immediately stop work and notify the City of
Yakima, the Washington State Office of Archaeology, and Historic
Preservation and any affected Indian Nation. Archaeological sites are
subject to RCW 27.44 Indian Graves and Records and RCW 27.53
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111
Archaeological Sites tes and Records. Development or uses that may
111 Excavation such sites shall comply with WAC 25 -48 Archaeological
Excavation and Removal Permit.
(18) Projects located within the floodway must meet the requirements of §
�! !I 15.27.411 Pennitted Uses.
(19) Any portion of the vegetative buffer temporarily damaged or disturbed
as a result of construction activities (excluding approved permanent use
I ` I areas) shall be repaired at the completion of construction using the
reclamation found in § 15.27.521
¢ - � �WaterDep endenc ' y De velopment Standa and Buffer
• ., Requirements .. " x � y
15.27.510 Use Classifications
For purposes of this section, the components of any development, construction,
or use requiring a critical area development authorization shall be classified as
10 provided below, and shall conform with the development standards applicable
to the classification provided in § §15.27.511 - 13:
1) Water Oriented Uses are one of the following two (2) categories of
1111 uses:
a) Water- dependent uses include dams, water diversion facilities, marinas,
boat launching facilities, water intakes and outfalls, aquaculture, log
O� booming, stream and wetland crossings for roads and railroads, stream and
wetland crossings for utilities, swimming beaches, fishing sites, in -water or
on -land shore stabilization structures, livestock watering sites, and other
1111 uses that cannot exist in any other location and are dependent on the by reason of the intrinsic nature of their operations. This provision applies
only to the specific portion of a project that is demonstrably dependent
O Il upon the water or shore.
b) A water - related use is one not intrinsically dependent on a waterfront
location but whose economic viability is enhanced by a waterfront location
i either because it requires large quantities of water, or because it provides
services for water dependant uses and the proximity to its customers makes
such services less expensive and /or more convenient. Examples would
include thermal power plants, sewage treatment plants, water processing
and treatment plants, support services for fish hatcheries or aquaculture, fly
shops and boat rental shops.
ou 2) Non - water - oriented uses include any use not qualifying as uses in
subsection (1) above.
1.2 -
5 7.511 Water dependent Uses
' The following provisions shall apply to water- dependent uses:
(1) Structures shall be clustered at locations on the water's edge having the
least impact to the surface water and shore.
(2) Use areas and structures which require direct shore locations shall be
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located and constructed to minimize impacts to the shore area and the
vegetative buffer specified in § 15.27.514 (Vegetative Buffers).
(3) Use areas and structures requiring direct shore locations shall minimize
any obstruction or impairment of normal public navigation of the surface
water. 1
15.27.512 Water- related Uses
The following provisions shall apply to the water - related uses:
(1) Structures and use areas shall be located as far landward from the
ordinary high water mark or wetland edge as is possible and still preserve the 1
essential or necessary relationship with the surface water.
(2) Structures and use areas shall not be located within the vegetative buffer
specified in § 15.27.514 (Vegetative Buffers) except where existing 1
development or the requirements associated with the use make such a location
unavoidable.
15.27.513 Non -water Oriented Uses
The following provisions shall apply to non - water - oriented uses: o
(1) Structures and use areas shall be set back so as not to be located within
the vegetative buffer specified in § 15.27.514 (Vegetative Buffers).
(2) Construction abutting the vegetative buffer specified in § 15.27.514
(Vegetative Buffers) shall be designed and scheduled to ensure there will not
be permanent damage or loss of the vegetative buffer.
15.27.514 Vegetative Buffers
The establishment of a vegetative buffer system is necessary to protect the
functions and values of certain hydrologically related critical areas. Standard
and minimum buffers for streams, lakes, ponds, and wetlands are listed in
Table 5 -1 and 5 -2. •
1) Vegetative buffers shall be measured from the ordinary high water mark for
streams, lakes and ponds, and from the edge of the wetlands. The width of
the buffer shall be determined according to the stream or wetland type. �
Buffer width may be reduced through an adjustment permit process (§
15.27.317). However, the Administrative Official may not approve reductions
to the standard buffer widths for wetlands that score medium (20 -28 points) or
high (29 -36 points) for wetland habitat function, except where it can be shown
that a particular wildlife species needs within the buffer can be met with a
smaller buffer.
2) Type 1 streams, lakes, and ponds are protected by the Shoreline Master
Program and are not part of this Title.
3) The minimum buffer widths listed in Tables 5 -1 and 5 -2 are the lowest
possible buffer widths allowed by means of the adjustment process.
276 11
Adjustments below the minimum buffer width must meet additional
approval criteria as provided in § 15.27.317(3)(d) Adjustments.
4) The adequacy of these standard buffer widths presumes the existence of a
relatively intact native vegetative community within the buffer zone that is
deemed adequate to protect the identified critical area.
a. If the vegetation is degraded, then re- vegetation may be considered
with any adjustment to the buffer width.
b. Where the use is being intensified, a degraded buffer may be re-
vegetated to maintain the standard width.
Table 5 —1
1 ** *The Administrative Official may not approve reductions to the standard
buffer widths for wetlands that score medium (20 -28 points) or high (29 -36
points) for wetland habitat function, except where it can be shown that a
particular wildlife species needs within the buffer can be niet with a smaller
buffer.***
Stream Type Buffer Width
standard /(minimum adjustment)
Type 1 Shoreline streams, lakes and ponds 100'
Type 2 streams, lakes and ponds 75'/(25')
Type 3 streams (Perennial), lakes and 50'/(25')
ponds
Type 4 streams (Intermittent), lakes and 25'/(15')
ponds
Type 5 streams (Ephemeral) No buffer standards Type 5 streams are
not regulated as streams, but may be
protected under geologically hazardous
area, floodplain, stormwater, construction,
grading or other development regulations.
** *The Administrative Official may not approve reductions to the standard
buffer widths for wetlands that score medium (20 -28 points) or high (29 -36
points) for wetland habitat function, except where it can be shown that a
1 particular wildlife species needs within the buffer can be met with a smaller
buffer.***
1 Table 5 -2
Type 1 Wetlands Type 2 Wetlands Type 3 Wetlands Type 4 Wetlands
(standard /minimum) (standard /minimum) (standard /minimum) (standard /minimum)
200' /100' 150'/75' 100'/50' 50'/25'
V � LaridlModd" ilia n Devil pmeit�5 andard" � s-
' ��hr. rw�rLr. r...w ..
15.27.515 Roads, Railroads, and Parking
The following provisions shall apply to the location and construction of roads,
1 railroads, and parking within a designated hydrologically related critical area:
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(1) Roads and railroads shall not be located within a designated stream
corridor except where it is necessary to cross the corridor or where existing
development, topography, and other conditions preclude locations outside the
stream corridor.
a) Construction of roadways across stream corridors shall be by the most
direct route possible having the least impact to the stream corridor;
b) Roadways that must run parallel to streams or wetlands shall be along
routes having the greatest possible distance from stream or wetland and
the least impact.
c) Roadways within the stream corridor shall not hydrologically obstruct,
cut -off or isolate stream corridor features, unless it is clearly
unavoidable.
(2) Material excavated from the roadway area to achieve the design grade
shall be used as fill where necessary to maintain grade or shall be transported
outside the stream corridor.
(3) Necessary fill to elevate roadways shall not impede the normal flow of
floodwaters or cause displacement that would increase the elevation of flood
waters such that it would cause properties not in the floodplain to be flood -
prone.
(4) Spoil, construction waste, and other debris shall not be used as road fill 1
or buried within the stream corridor.
(5) Bridges and water - crossing structures shall not constrict the stream
channel or impede the flow of ordinary high water, sediment, and woody 1
debris.
(6) The preservation of natural stream channels and drainage ways shall be
preferred over the use of culverts. Where culverts are the preferred method, 1
large, natural bottom culverts, multi -plate pipes, and bottomless arches are
preferred.
(7) The alignment and slope of culverts shall parallel and match the natural 1
flow of streams or drainage ways and shall be sized to accommodate the
volume, flow and velocity of ordinary high water and shall terminate on stable,
erosion- resistant materials.
(8) Where fish are present, culverts shall be designed and constructed to
specifications provided through the Department of Fish and Wildlife.
(9) At least one end of a wood stringer bridge shall be anchored to prevent
the bridge from being washed away during a high water event.
(10) Roads must be designed and constructed using established flood
resistant design and construction methods when the road is possibly subject to
flood water damage.
(11) Roads and bridges within floodways must meet the requirements of §
15.27.411(8) and (3), unless an engineer can demonstrate another appropriate
method.
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15.27.516 Utility Transmission Lines and Facilities
The following provisions shall apply to the location, construction, and
installation of utility transmission lines (such as those for wastewater, water,
communication, natural gas) within a designated hydrologically related critical
area:
(1) Utility transmission lines shall be permitted within the stream corridor
only where it is necessary to cross the corridor or where development,
topography, and other conditions preclude locations outside the stream
corridor.
a) Utility transmission lines across stream corridors shall be by the
most direct route possible having the least impact to the stream corridor.
b) The construction of utility transmission lines within a stream
corridor shall be designed and located to provide a minimum disruption to
the functional properties.
(2). Utility lines under streams and wetlands shall be placed in a sleeve
casing to allow easy replacement or repair with minimal disturbance to the
1 stream corridor.
(3) Buried utility transmission lines crossing a stream corridor shall be
buried a minimum of four feet below the maximum scour or 1/3 of the bankfull
' depth of the waterway, whichever is greater, and for a similar depth below any
associated floodway and floodplain to the maximum extent or potential channel
migration as determined by hydrologic analysis.
' (4) Wherever possible, new aboveground installations shall use existing
bridges or pole facilities.
(5) Aboveground electrical support towers and other similar transmission
structures shall be located as far upland as is reasonably practical.
(6) Transmission support structures shall be located clear of high flood
velocities and located in areas of minimum flood depth which require the least
amount of floodproofing.
(7) Underground utility transmission lines shall be constructed so they do
not alter, intercept or dewater groundwater patterns that support streams, .
t wetlands and hyporheic flow.
(8) All new and replacement water supply systems and wastewater
systems within a special flood hazard area must meet the requirements of §
15.27.407(b) (re: infiltration or discharge into or out of the system).
(9) Utility transmission lines within the Floodway Fringe shall meet the
standards of § 15.27.409(2).
(10) Utility transmission lines within the Floodway shall meet the standards
of § 15.27.411(3).
1 15.27.517 Shore Stabilization
The following provisions shall apply to shore stabilization projects:
' (1) Shore stabilization projects shall be allowed only where there is
evidence of erosion which clearly threatens existing property, structures, or
facilities, and which stabilization will not jeopardize other upstream or
1 downstream properties.
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(2) Stabilization projects shall be developed under the supervision of, or in
consultation with, agencies or professionals with appropriate expertise.
(3) Stabilization projects shall be confined to the minimum protective
measures necessary to protect the threatened property.
(4) The use of fill to restore lost land may accompany stabilization work,
provided the resultant shore does not extend beyond the new ordinary high
water mark, finished grades are consistent with abutting properties, a
restoration plan is approved for the area, and the fill material is in compliance
with § 15.27.519 Filling.
(5) Stabilization projects shall use design, material, and construction
alternatives that does require high or continuous maintenance, and which
prevents or minimizes the need for subsequent stabilization of the shore's other
segments.
(6) Alternative Preferences Vegetation, berms, bioengineering techniques,
and other nonstructural alternatives, which preserve the natural character of the
shore shall be preferred over riprap, concrete revetments, bulkheads,
breakwaters, and other structural stabilization. While riprap, rock or other
natural materials shall be preferred over concrete revetments, bulkheads,
breakwaters and other structural stabilization.
(7) Applications to construct or enlarge dikes or levees shall meet the
requirements of § 15.27.411(7).
(8) Revetments and bulkheads shall be no higher than necessary to protect
and stabilize the shore. 1
(9) Breakwaters shall be constructed of floating or open -pile designs rather
than fill, riprap, or other solid construction methods.
(10) All new flood control projects shall define maintenance 1
responsibilities and a funding source for operations, maintenance and
repairs for the life of the project.
15.27.518 Dredging and Excavation
The following provisions shall apply to dredging and excavation within a 1
designated hydrologically related critical area:
(1) Dredging in surface waters shall be allowed only where necessary:
a. Because of existing navigation needs;
b. Habitat improvement;
c. Maintenance, and
d. Construction of water dependant uses.
(2) Dredging and excavation shall be confined to the minimum area
necessary to accomplish the intended purpose or use.
(3) Hydraulic dredging or other techniques that minimize the dispersal and
broadcast of bottom materials shall be preferred over agitation forms of
dredging.
(4) Curtains and other appropriate mechanisms shall be used to minimize
widespread dispersal of sediments and other dredge materials. 1
280 1
(5) Entries across shore and wetland edges to accomplish dredging or
excavation shall be confined to the minimum area necessary to gain entry and
D shall be confined to locations with the least potential for site disturbance and
damage.
(6) Dredging and excavation shall be scheduled at times having the least
impact to fish during spawning, nesting, and other identified natural processes.
(7) Dredge spoils are also considered fill, and shall not be deposited within
the stream except where such deposit is in accordance with approved
procedures intended to preserve or enhance wildlife habitat, natural drainage,
or other naturally occurring conditions.
•
15.27.519 Filling
The following provisions shall apply to filling activities within a designated
hydrologically related critical area:
(1) Fill within surface waters or wetlands shall be allowed only where
necessary in conjunction with water - dependent uses, or an approved
reclamation plan under § 15.27.521 or approved compensatory mitigation plan
under § 15.27.604.
(2) Fill for the purpose of increasing elevation may be permitted if it can be
accomplished in a manner consistent with this chapter's policies.
(3) Fill shall be the minimum necessary to accomplish the use or purpose
and shall be confined to areas having the least impact to the stream corridor.
Other alternatives should be preferred over fill to elevate new homes in the
floodplain, such as increasing foundation height or zero -rise methods such as
1 piers, posts, columns, or other methods. •
(4) . Fill in floodplains shall meet the requirements of § Part Four Flood
Hazard Areas.
(5) Unless site characteristics dictate otherwise, fill material within surface
waters or wetlands shall be sand, gravel, rock, or other clean material, with a •
minimum potential to degrade water quality.
(6) Fill placement shall be scheduled at times having the least impact to
fish during spawning, nesting, and other identified natural processes.
(7) - Fill and finished surface material shall require low maintenance,
provide high resistance to erosion, and prevent or control the migration of
• sediments and other material from the fill area to surrounding water, shore, and
wetlands, unless the Washington Department of Fish and Wildlife indicates
other options are preferred.
(8) Projects that propose fill shall make every effort to acquire fill onsite
' (compensatory storage) where appropriate.
(9) Fill should not obstruct, cut off, or isolate stream corridor features.
15.27.520 Commercial Mining of Gravels
The following provisions shall apply to the commercial mining of gravels
'I within a designated hydrologically related critical area:
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(1) Prior to the authorization of commercial gravel mining operation, the
project proponent shall provide maps to scale which illustrate the following:
(A) The extent to which gravel excavation and processing will affect
or modify existing stream corridor features, including existing riparian
vegetation;
(B) The location, extent and size in acreage of any pond, lake, or
feature that will be created as a result of mining excavation;
(C) The description, location, and extent of any proposed subsequent
use that would be different than existing uses.
(2) Wherever feasible, the operations and any subsequent use or uses shall
not cause permanent impairment or loss of floodwater storage, wetland, or
other stream corridor features. Mitigation shall provide for the feature's
replacement at equal value except wetlands which shall be mitigated according
to guidance in the Washington State Department of Ecology's Wetland
Mitigation in Washington State, Parts 1 and 2 (March 2006 or as updated).
(3) Any surface mining allowed within the floodway shall meet the
standards of § 15.27.411 (2).
(4) Except where authorized by City of Yakima in consultation with the
State Department of Fish and Wildlife and Department of Ecology, the
following shall apply: fl
(A) The excavation zone for the removal of gravels shall be located a
minimum of one hundred feet upland from the ordinary high water mark
(OHWM) of the stream channel.
11
(B) Equipment shall not be operated, stored, refueled, or provided
maintenance within one hundred feet of the OHWM.
(C) Gravel washing, rock - crushing, screening, or stockpiling of 1
gravels shall not occur within one hundred feet of the OHWM.
(5) Mining proposals shall be consistent with the Washington Department
of Natural Resources Surface Mine Reclamation standards, (WAC 332 -18, 1
RCW 78.44).
15.27.521 Reclamation 1
The following guidelines shall apply to the reclamation of disturbed sites
resulting from development activities with a designated hydrologically related
critical area:
(1) Development, construction, or uses shall include the timely restoration
of disturbed features to a natural condition or to a stabilized condition
that prevents degradation.
(2) Large -scale projects that extend over several months shall be phased to
allow reclamation of areas where work or operations have been
completed.
(3) Reclamation shall be scheduled to address precipitation, meltwater
runoff, growing season, and other seasonal variables that influence
restoration and recovery.
(4) Topography shall be finished to grades, elevations, and contours
consistent with natural conditions in adjacent and surrounding areas.
282 1
(5) Where existing development and construction prevent return of a site to
11 its natural condition, sites may be finished to conditions comparable to
surrounding properties provided suitable protective measures are used
to prevent stream corridor degradation.
(6) Cut -and -fill slopes shall be stabilized at, or at less than the normal angle
of repose for the materials involved.
(7) The replacement or enhancement of vegetation within wetlands and
required vegetative buffers shall use naturally occurring, native plant
species.
(8) In other parts of the stream, naturally occurring, native plant species
shall be used, unless a showing of good cause acceptable to the
Administrative Official or designee is provided. Should good cause be
shown then self - maintaining or low- maintenance plant species
compatible with the native vegetation shall be used in place over of
non - native and high- maintenance species.
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CHAPTER 15.27
PART SIX
WETLANDS
Sections:
15.27.600 Purpose and Intent
15.27.601 Designating and Mapping
15.27.602 Protection Approach 1
15.27.603 Wetland Functions and Rating
15.27.604 Compensatory Mitigation
15.27.605 Wetland Mitigation Banks • 1
15.27.600 Purpose and Intent - The purpose and intent of the provisions
protecting wetland critical areas is equivalent to the purpose and intent for §
15.27.500.
15.27.601 Designating and Mapping o.
1) Wetlands are all areas meeting the definition for wetlands as
defined in § 15.27.299 and are hereby designated critical areas
which are subject to the provisions of this chapter. Except the
following:
A) Irrigation systems that create an artificial wetlands.
B) Areas where changes in irrigation practices have caused
wetland areas to dry up.
2) The approximate location and extent of wetlands are shown on maps
maintained by The City of Yakima. These maps may include
information from the National Wetlands Inventory produced by the U.S.
Fish and Wildlife Service and are to be used as a guide for the City of 1
Yakima.
15.27.602 Protection Approach 1
Wetlands will be protected using the Protection Approach for Hydrologically
Related Critical Areas found in § 15.27.501. Wetlands and their functions will
be protected using the standards found in Part Four. 1
15.27.603 Wetland Functions and Rating
1) Wetlands are unique landscape features that are the interface between
the aquatic and terrestrial environments. Wetlands provide the
following functions:
a) Biogeochemical functions, which improve water quality in the
watershed (such as nutrient retention and transformation,
sediment retention, metals and toxics retention and
transformation).
b) Hydrologic functions, which maintain the water regime in a
watershed, such as: flood flow attenuation, decreasing erosion,
and groundwater recharge.
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c) Food and habitat functions, which includes habitat for
invertebrates, amphibians, anadromous fish, resident fish, birds,
and mammals. •
2) Wetlands shall be rated based on categories that reflect the functions
and values of each wetland and shall be based on the criteria provide in
the Washington State Wetland Rating System for Eastern Washington,
•
revised August 2004 (Ecology Publication #04 -06 -15 which are
O� summarized below:
a) Category I wetlands are more sensitive to disturbance than most
wetlands, are relatively undisturbed, and contain ecological
. I attributes that are difficult to replace. Generally, these wetlands are
u' not common, and make up• a very small percentage of the wetlands
within the City of Yakima. The following types of wetlands are
classified as Category I:
�. i.Wetlands scoring 70 points or more (out of 100) in the Eastern
Washington Wetland Rating System (EWWRS);
I ii. Alkali wetlands; • iii. Natural heritage wetlands (wetlands identified by Washington
Department of Natural Resources Natural Heritage Program
scientists); and
iv. Bogs..
b) Category II wetlands are difficult but not impossible to replace and
provide high levels of some functions. Category II wetlands include:
i.Wetlands scoring between 51 -69 points (out of 100) in the
EWWRS; and
ii. Unassociated vernal pools.
iii. Forested Wetlands
c) Category III wetlands are often smaller, less diverse and /or more
isolated from other natural resources. Category III wetlands include:
i. Wetlands with a moderate level of functions (scoring between
30 -50 points) in the EWWRS; and
ii. Associated vernal pools.
d) Category IV wetlands have the lowest levels of functions, scoring
less than 30 points in the EWWRS. Category IV wetlands are often
heavily disturbed and are wetlands that should be able to be
replaced.
3) Wetlands shall be rated as they exist on the day of project application
submission. Information regarding the original condition of illegally
modified wetlands that can not be discerned from aerial photographs or
other reliable information sources shall use the highest appropriate
' points value within each missing data field of the EWWRS rating sheet
to complete the rating.
• 15.27.604 Compensatory Mitigation Requirements — Projects that propose .
compensation for wetland acreage and /or functions are subject to State and
Federal regulations. Compensatory mitigation for alterations to wetlands shall
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provide for a no net loss of wetland functions and values, and must be
consistent with the mitigation plan requirements of § 15.27.314(13). The
following documents were developed to assist applicants in meeting the above
requirements.
1) Compensatory mitigation plans must be consistent with Guidance on.
Wetland Mitigation in Washington State Part 2: Guidelines for
Developing Wetland Mitigation Plans and Proposals or as revised
(Washington State Department of Ecology, U.S. Army Corps of
Engineers Seattle District, and U.S. Environmental Protection Agency
Region 10; Ecology publication number 04- 06 -013B -
http: / /www.ecy.wa. gov/ programs /sea/bas _wetlands /volume2final.html).
2) Compensatory mitigation application and ratios for mitigation of
wetlands shall be consistent with "Wetlands in Washington State -
Volume 2: Guidance for Protecting and Managing Wetlands —
Appendix 8 -D- § 8 -D3" or as revised (Washington State Department of
Ecology. Publication number 05 -06 -008 -
http: / /www.ecy.wa.gov/ programs / sea / bas _wetlands /volume2final.html). 1
15.27.605 Wetland Mitigation Banks
1) Credits from a wetland mitigation bank may be approved for use as 1
compensation for unavoidable impacts to wetlands when:
a) The bank is certified under RCW 90.84 or WAC 173 -700;
b) The Administrative Official determines that the wetland 1
mitigation bank can provide appropriate compensation for the
authorized impacts; and
c) The proposed use of credits is consistent with the terms and 1
conditions of the bank's certification.
2) Replacement ratios for projects using bank credits shall be consistent
with replacement ratios specified in the bank's certification. 1
3) Credits from a certified wetland mitigation bank may be used to
compensate for impacts located within the service area specified in the
bank's certification. In some cases, bank service areas may include
portions of more than one adjacent drainage basin for specific wetland
functions.
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CHAPTER 15.27
PART SEVEN
11 GEOLOGICALLY HAZARDOUS AREAS
fl Sections:
15.27.700 Purpose and Intent.
15.27.701 Mapping and Designation
15.27.702 Geologically Hazardous Areas Protection Approach
15.27.703 Development Review Procedure for Geologically Hazardous Areas
15.27.704 General Protection Requirements
OD 15.27 ;700 Purpose and Intent
1. Geologically hazardous areas include those areas susceptible to erosion,
nn sliding, earthquake or other geological events. These areas pose a threat
to the health and safety of the City of Yakima's citizens when
incompatible development is sited in significantly hazardous areas.
When mitigation is not feasible, development within geologically
• hazardous areas should be avoided.
2. The purpose of this section is to:
a. Minimize risks to public health and safety and reduce the risk of
property damage by regulating development within geologically
hazardous areas;
b. Maintain natural geological processes while protecting new and
existing development; and
c. Establish review procedures for development proposals in
•
geologically hazardous areas.
4) This section does not imply that land outside mapped geologically
hazardous areas or uses permitted within such areas will be without
risk. This section shall not create liability on the part of the City of
Yakima, any officer, or employee thereof for any damages that result
from reliance on this chapter or any administrative decision lawfully
made hereunder.
15.27.701 Mapping and Designation
J 1) Geologically hazardous areas are areas that are susceptible to one or more
of the following, based on WAC 365- 190- 080(4)(b) -(h):
a) Erosion hazards;
1 b) Landslide hazards, which include:
i. over steepened slopes;
ii. alluvial fan/flash flooding;
iii. avalanche; and
iv. stream undercutting
• c) Seismic hazards (referred to below as earthquake hazards);
1 d) Volcanic hazards;
2) The approximate location and extent of erosion hazard areas are shown on
the City of Yakima's critical area map titled "Erosion Hazard Areas of
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the City of Yakima ". Erosion hazard areas were identified by using the
"Soil Survey of Yakima County Area, Washington" and the "Soil Survey
of Yakima Indian Reservation Irrigated Area, Washington, Part of
Yakima County ". The analysis utilized the general soil map unit
descriptions of severe and very severe hazard of water erosion.
3) The approximate location and extent of Geologically Hazardous Areas
are shown on the City's critical area map titled "Geologically Hazardous
Areas of the City of Yakima ". The following geologically hazardous
areas have been mapped and classified using the criteria found in WAC
365 - 190- 080(4)(b) -(h):
a) Landslide hazard areas (LS) — These include places where
landslides, debris flows, or slumps have occurred.
i. High Risk (LS3) is defined as areas that are presumed to
have had a landslide, debris flow, or slump within
10,000 years or less.
ii. Intermediate Risk (LS2) is defined as areas where
landslides, debris flows, or slumps are older than 10,000
years, but are still capable of movement.
iii. Low Risk areas are defined as: Areas unlikely to fail.
These areas are unlabeled and combined with other Low
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Risk categories.
b) Over steepened slope hazard areas (OS) - These include areas 0
with slopes steep enough to create a potential problem.
i. High Risk areas (0S3) are defined as: Having a high
potential to fail, include slopes greater than 40 %, and 8
consist of areas of rock fall, creep, and places underlain
with unstable materials.
ii. Intermediate Risk areas (0S2) are defined as: Areas less 1
likely to fail but are still potentially hazardous. This
category includes slopes between 15% and 40 %.
iii. Low Risk areas are defined as: Areas unlikely to fail.
These areas are unlabeled and combined with other Low
Risk categories.
c) Alluvial fan /flash flooding hazard areas (AF) - These areas
include locations where flash floods can occur and are often
associated with inundation by debris from flooding. These area may
include: D
i. Alluvial fans;
ii. Canyons;
iii. Gullies; and
iv. Small streams where catastrophic flooding can occur.
d) Avalanche risk hazard areas (AR) - Areas of avalanche hazards
are limited to areas near Cascade Crest, which are currently located
outside the City of Yakima's UGA.
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e) Stream undercutting hazard areas (SU) - These areas are confined
m to banks near main streams and rivers where undercutting of soft
u' materials may result.
i. High Risk areas (SU3) include steep banks of soft
OI material adjacent to present stream courses.
ii. Intermediate Risk areas (SU2) are banks along the edge
of a flood plain but away from the present river course.
. Low Risk areas are unlabeled and combined with other Low Risk
areas on the maps.
f) Earthquake activity hazard areas (EA) - Recorded earthquake
0' activity in the City of Yakima is mostly marked by low magnitude
events and thus low seismic risk. The City of Yakima's Low Risk,
areas are unlabeled, and combined with other low risk hazards.
g) Suspected geologic hazard areas (SUS) — These are areas for
which detailed geologic mapping is deficient but preliminary data
indicate a potential hazard may exist. No risk assessment (1 -2 -3) is
given for these areas. Most are probably OS or LS hazards.
h) Risk unknown hazard areas (UNK) - This category is limited to
areas where geologic mapping is lacking or is insufficient to make a
II - determination. All of these areas are associated with other classified
geologic hazards.
4) Volcanic Hazard Areas are not mapped but are defined as areas
subject to pyroclastic (formed by volcanic explosion) flows, lava flows
and inundation by debris flows, mudflows or related flooding resulting
I� from volcanic activity. Volcanic Hazard Areas in the City of Yakima
are limited to pyroclastic (ash) deposits. No specific protection
requirements are identified for volcanic hazard areas.
15.27.702 Geologically Hazardous Areas Protection Approach
The geologically hazardous areas protection approach can be met by
following the guidelines below and by implementing the appropriate
sections of the Building Code as adopted in YMC Title 11.
1) Erosion hazard areas — Protection measures for erosion hazard areas
1 will be accomplished by implementing the regulatory standards for
erosion and drainage control required under YMC Title 11 Building
Code. Title 11 requirements can be met by the application of the Best
Management Practices (BMPs) in the Eastern Washington Stormwater
Manual (WDOE Publication number 04 -10 -076); equivalent manual
adopted by the City of Yakima; or any other approved manual deemed
appropriate by the Building Official.
2) Landslide hazard areas - Protection measures for landslide hazard
areas will be accomplished through the review process of § 15.27.703,
by implementing the development standards of § 15.27.704,
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3) Alluvial fan /flash flooding hazard areas - Protection measures for
alluvial fan /flash flooding hazard areas will be accomplished through
the review process of § 15.27.09.04.
4) Stream undercutting hazard areas - Protection measures for stream
undercutting hazard areas will be accomplished by Critical Areas
review for flood hazards, streams, and Shoreline jurisdiction.
5) Avalanche hazard areas - This condition is outside the City of
Yakima's UGA and, therefore, does not apply.
6) Oversteepened slope hazard areas -. Protection measures for
oversteepened slope hazard areas will be accomplished through the
review process of § 15.27.703, by implementing the development
standards of § 15.27.704.
7) Earthquake /Seismic hazard area protection standards - Protection
measures for earthquake /seismic hazard areas will be accomplished by
implementing the appropriate sections of the Building Code as adopted
in YMC Title 11.
8) Suspected geologic hazard areas and Risk unknown hazard areas -
Protection measures for suspected geologic hazard areas and risk
unknown hazard areas will be accomplished through the review process
of § 15.27.703 and by implementing the development standards of §
15.27.704.
15.27.703 Development Review Procedure for Geologically Hazardous O
Areas
1) The Administrative Official shall make a Determination of Hazard to
confirm whether the development or its associated facilities (building O
site, access roads, limits of grading/ excavation/ filling, retaining walls,
septic drainfields, landscaping, etc.) are:
a) located within a mapped geologically hazardous area;
b) abutting or adjacent to a mapped geologically hazardous area and
may result in or contribute to an increase in hazard, or pose a risk to
life and property on or off the site; 11
c) located within a distance from the base of an adjacent landslide,
hazard area equal to the vertical relief of said hazard area; or
d) located within the potential run -out path of a mapped avalanche
hazard.
2) .Developments that receive an affirmative Determination of Hazard by
the Administrative Official under subsection (1) above, must conduct a
Geologic Hazard Report as provided in § 15.27.315(3), which may be
part of a GeoTechnical Report required below.
a) If the Geologic Hazard Report determines that no hazard exists or
that the project area lies outside the hazard, then no Geologic
Hazard review is needed.
b) The Administrative Official is authorized to waive further Geologic
Hazard review for over steepened slopes on the basis that the
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hazards identified by the Geologic Hazard report will be adequately
mitigated through the issuance of a grading or construction permit.
3) Developments that receive an affirmative Determination of Hazard, but
do not meet the provisions of paragraph 2a or 2b above, must:
O' a) Obtain a Critical Areas Development Authorization under Part
Three;
b) Submit a GeoTechnical Report that is suitable for obtaining grading
J and construction permits that will be required for development;
i).The geo- technical report shall incorporate a submitted
assessment which includes the design of all facilities; . .
j� ii) A description and analysis of the risk associated with the
y' measures proposed to mitigate the hazards, and
iii) Ensure the public safety, and protect property and other
critical areas.
c) Be consistent with § 15.27.704.
15.27.704 General Protection Requirements
1) Grading, construction, and development and their associated facilities
shall not be located in a geologically hazardous area, or any associated
setback for the project recommended by the GeoTechnical Report,
unless the applicant demonstrates that the development is structurally
safe from the potential hazard; and that the development will not
increase the hazard risk onsite or off -site.
2) Development shall be directed toward portions of parcels, or parcels
under contiguous ownership, that are at the least risk of hazard in
preference to lands with higher risk, unless determined to be infeasible
in the GeoTechnical Report.
3) The GeoTechnical Report shall incorporate methods to ensure that
' education about the hazard and any recommended buildable area for
future landowners is provided.
4) The applicable requirements of grading and construction permits for
developments in hazardous areas must be included in the development
proposal and GeoTechnical Report.
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CHAPTER 15.27
PART EIGHT
CRITICAL AQUIFER RECHARGE AREAS (CARA)
Sections:
15.27.800 Purpose and Intent
15.27.801 Mapping
15.27.802 Protection Approach
15.27.800 Purpose and Intent
1) The Growth Management Act (RCW 36.70A) requires local
jurisdictions to protect areas with a critical recharging effect on aquifers
used for potable water, or areas where a drinking aquifers are
vulnerable to contamination. These areas are referred to as Critical
Aquifer Recharge Areas (CARA). in this section.
2) Potable water is an essential life sustaining element and much of the
City of Yakima's drinking water comes from groundwater supplies.
Once groundwater is contaminated it can be difficult and costly to
clean. In some cases, the quality of groundwater in an aquifer is
inextricably linked to its recharge area.
3) The intent of this section is to:
a. Preserve, protect, and conserve the City of Yakima's CARA
from contamination; 1
b. Establish a protection approach that emphasizes the use of
existing laws and regulations while minimizing the use of new
regulations. 1
4) It is not the intent of this ordinance to:
a. Regulate everyday activities (including the use of potentially
hazardous substances that are used in accordance with State and 1
Federal regulations and label specifications);
b. Enforce or prevent illegal activities;
c. Regulate land uses that use or store small volumes of hazardous
substances (including in -field agricultural chemical storage
facilities, which do not require permits, or are already covered
under existing state, federal, or county review processes and
have detailed permit review);
d. Establish additional review for septic systems, which are
covered under existing City of Yakima review processes;
e. Establish additional review for stormwater control, which is
covered under existing review processes and has detailed permit
review, or;
f. Require review for uses that do not need building permits and /or
zoning review.
The above items are deemed to have small risks of CARA
contamination or are beyond the development review system's ability to
control. 1
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15.27.801 Mapping
O1 1) Mapping Methodology — The CARA is depicted in the map titled
"Critical Aquifer Recharge Areas of the City of Yakima" located within
the City's 2006 Comprehensive Plan. The CARA map was developed
through a geographic information system (GIS) analysis using the
methodology outlined in the Washington Department of Ecology
"Guidance Document for the Establishment of Critical Aquifer
Recharge Area Ordinances" (Publication #97 -30). The approximate
location and extent of critical aquifer recharge areas are depicted on the
0� above mentioned map, and are to be used solely as a guide for the City.
The CARA map estimates areas of moderate, high and extreme
susceptibility of contamination, as well as, wellhead protection areas.
In characterizing the hydrogeologic susceptibility of these recharge
areas with regard to contamination, the following physical
characteristics were utilized:
a) Depth to ground water;
b) Soil (texture, permeability, and contaminant attenuation
properties);
c) Geologic material permeability;
d) Recharge (amount of water applied to the land surface,
including precipitation and irrigation).
2) Wellhead Protection Areas - The CARA map includes those Wellhead
Protection Areas for which the City of Yakima has maps. Wellhead
Protection Areas are required for all Class A public water systems in the
State of Washington. The determination of a wellhead protection area is
based upon the time of travel of a water particle from its source to the
well. Water purveyors collect site specific information to determine the
susceptibility of the water source to surface sources of contamination.
Water sources are ranked by the Washington State Department of
Health with a high, moderate or low susceptibility to surface
contamination. Wellhead protection areas are defined by the boundaries
of the ten (10) year time of ground water travel, in accordance with
WAC 246 - 290 -135. For purposes of this chapter, all wellhead
protection areas shall be considered highly susceptible.
15.27.802 Protection Approach
1) Maps shall be used only as an informational resource to communicate
with applicants regarding potential' problems in meeting the applicable
' laws on a particular site. The maps indicate that areas of high
susceptibility tend to be located in valley bottoms and follow along
floodplain and stream corridors. Extreme susceptibility locations are
' located largely within floodplains, and along streams and wetlands.
2) Land uses are subject to many existing, federal, state, local, or tribal
laws regarding the handling of substances that may contaminate
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CARAs. Disclosure, educational information, and coordination of
existing laws during existing review processes can accomplish the
requirement to protect the CARA. Consequently, the City of Yakima's
protection of the CARA shall be accomplished through normal project
permit review under various Yakima Municipal Codes, especially the
stream protection standards in Part Five Fish and Wildlife Habitat and
the Stream Corridor System, including § 15.27.508 Prohibited Uses,
Title 11 Building Code, which provides detailed construction, use, and
fire /life- safety standards for the storage and handling of dangerous and
hazardous substances to a greater extent than most existing state and
federal laws.
3) The Administrative Official shall develop and maintain a list of the
relevant laws noted above. This list shall be informational, and is
intended to be used in coordination with development permit review.
This list shall be periodically reviewed and updated so as to provide the
most comprehensive list possible to inform project applicants of the
requirements of other agencies.
4) . The Administrative Official shall also develop and maintain a table of
land uses with the potential of being subject to the relevant laws noted
above. The table shall be generated and maintained using the intent 1
stated in § 15.27.800(4) Purpose and Intent.
5) The Building Official and Water /Irrigation Manager shall cooperatively
develop questionnaires, to be filled out by new development permit 1
applicants, which comprehensively establish the potential use, storage,
and handling methods within the project for substances that have the
potential to contaminate groundwater. The questionnaires are intended 1
to ensure full application of existing building and construction codes
related to such substances in order to forestall new regulations.
6) The Building Official and Water /Irrigation Manager shall develop 1
technical assistance and information materials to assist landowners and
developers with understanding and meeting relevant existing federal,
state, and local laws relating to CARAs. 1
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CITY OF YAKIMA
CRITICAL AREAS ORDINANCE
Appendix A
Designated Type 2 Stream Corridors
The following stream reaches within Yakima County are designated critical
areas under the City of Yakima's Critical Areas Ordinance.
1. BACHELOR CREEK: From source at Ahtanum
HI Creek (SEC13- TWP12N-
RGE16 EWM)
downstream to its mouth at
Ahtanum Creek (SEC1-
TWP12N-RGE18E).
(� 3. COTTONWOOD CANYON CREEK: From the south line of
u' SEC32- TWP13N-
RGE 17E, downstream to
mouth at Wide Hollow
Creek (SEC36- TWP13N-
RGE17E).
1 6. HATTON CREEK: From its source at
Ahtanum Creek (SEC 18-
TWP12N- RGE17)
downstream to its
confluence with Ahtanum
Creek (SEC18- TWP12N-
RGE18E).
8. WIDE HOLLOW CREEK: From the east line of the
SW1 /4 of the NW1 /4
(SEC28- TWP13N-
1 RGE17E) downstream to
the mouth at the Yakima
• River.
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Chapter 15.28
MASTER PLANNED DEVELOPMENT OVERLAY 1
Sections:
15.28.010 Purpose.
15.28.020 Types of Master Planned Development Overlays —
Permitted Uses. 1
15.28.025 Minimum Project Size.
15.28.030 Application — Master Planned Development Overlay.
15.28.035 Phased Development.
15.28.038 Planned Action — Environmental Review.
15.28.040 Review Process.
15.28.050 Master Planned Development Overlay — Development
Agreement.
15.28.060 Implementing Permits and Approvals.
15.28.070 Vesting.
15.28.080 Modification of an Approved Master Planned
Development Overlay.
15.28.010 Purpose. 1
A. Purpose. A Master Planned Development Overlay (PD) is a comprehensive
development plan intended to provide flexibility in design and building 1
placement, promote attractive and efficient environments that incorporate a
variety of uses, densities and /or dwelling types, provide for economy of
shared services and facilities, and economically utilize the land, resources 1
and amenities. A Master Planned Development Overlay is intended to
create regulatory incentives and standards that:
(1) Allow flexibility in development standards and permitted uses while 1
ensuring compatibility with neighboring uses.
(2) Facilitate the efficient use of land and provide for a comprehensive
review of integrated development projects;
(3) Increase economic feasibility by fostering efficient arrangement of
land use, buildings, transportation systems, open space and utilities;
(4) Preserve or enhance natural amenities; features, Shorelines and
Critical Areas in the development of a particular site;
(5) Identify significant environmental impacts and ensure appropriate
mitigation;
(6) Provide certainty regarding the character, timing and conditions for
planned residential, commercial, industrial and mixed use
development within an identified geographic area and vest such
projects through a public review process;
(7) Encourage environmentally sustainable development;
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(8) Provide needed services and facilities in an orderly, fiscally
responsible manner;
(9) Promote economic development, job creation and diversification and
affordable housing in the City /County; _
(10) Create vibrant mixed -use neighborhoods, with a balance of
housing, employment, commercial and recreational opportunities; and
(11) Promote consistency with the goals, policies and objectives of
I the Yakima Urban Area Comprehensive Plan.
aster Planned Development may take the form of a residential,
commercial, industrial or mixed -use development. Each is intended to
accommodate and facilitate larger scale development designed to
accomplish integrated and flexible site planning. Residential, Commercial
and Industrial Master Planned Developments shall be allowed in zoning
districts consistent with the primary use of the respective Master Planned
Development (e.g., residential PD in residential zones). A Master Planned
Development -mixed use shall be permitted in any zoning district subject to
specific findings that the site and master concept plan are compatible with
existing adjacent land uses.
Applicants for Master Planned Development will be encouraged to utilize
unique and innovative facilities that encourage the efficient and economical
use of the land; promote a sound system for traffic and pedestrian •
circulation; promote open space and use of natural and /or developed
amenities; and provide an architecturally attractive, durable and energy
efficient development.
15.28.020 Types of Master Planned Development Overlays —. Permitted
Uses.
A. The following . four types of Master Planned Development Overlays are
authorized within the Yakima Urban Area:
Master Planned Development - Residential. A residential Master Planned
Development is designed to provide a type or mixture of residential
dwellings (single- family, two - family, or multiple - family) with attendant
streets, utilities, public facilities and appurtenant common open space
and recreational facilities or other areas or facilities. A residential
Master Planned Development is authorized in any residential zone
(Suburban Residential, Single Family Residential, Two Family
Residential and Multi - Family Residential) and Professional Business
(B - 1) and Local Business (B -2) zones. The residential Master Planned
Development may include incidental or supporting uses and facilities
that are consistent with the primary use of the site for residential
. dwelling units.
Master Planned Development - Commercial. A commercial Master
Planned Development is designed for the integrated site planning of
commercial, retail, office or mixed commercial use (commercial, office
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and retail) developments. The commercial Master Planned
Development shall be for the primary purpose of providing commercial
services and facilities and may include any incidental and /or supportive
land uses. A commercial Master Planned Development is authorized in
any commercial or business district (i.e., B -1, B -2, SCC, LCC, GC,
CBD and RD) and Light Industrial (M -1) as identified in Table 4 -1.
Master Planned Development - Industrial. An industrial Master Planned
Development is designed to allow for the innovative site planning of
industrial land uses and facilities, industrial parks and business parks.
The industrial Master Planned Development shall be allowed in Light
Industrial (M -1) and Heavy Industrial (M -2) zoning districts as
designated in Table 4 -1.
Master Planned Development — Mixed Use. The intent of the Mixed Use
Master Planned Development is to encourage the innovative mixture of
residential, office, commercial, retail, and certain light manufacturing
uses. Uses may be combined in single structures or buildings or may be
designed in conjunction with other uses. - 1
A mixed use Master Planned Development is intended to accommodate 1
larger scale residential, commercial, retail, office and /or recreational
uses. It is recognized that mixed use development will include
innovative planning techniques; a mixture and variety of land uses;
integrated planning of site improvements and structures; and site
planning that increases the economic feasibility and efficient use of
land. A mixed use Master Planned Development is authorized in any
zoning district except Airport Support (AS) and Heavy Industrial (M2).
B. Master Planned Developments - Permitted Uses. The following uses are
permitted in Master Planned Developments upon approval of a Master
Development Plan:
1. Residential. Master Planned Developments. 1
a. One - family,- two - family, and multifamily residences;
b. Recreational and amusement facilities, which are intended to serve the
Master Planned Development and general public including, but not 1
limited to, golf courses, clubhouses, driving ranges, tennis courts,
swimming pools, parks, community centers and playgrounds;
c. Schools, libraries, museums, art galleries; 1
d. Public services and facilities including police and fire stations;
e. Manufactured home park and subdivision, provided that the provisions
of Section 15.04.120 shall be met as a condition of approval of the
Master Planned Development;
f. Any other uses authorized in the underlying zone are pursuant to Type
(1), (2) or, (3) review and are set forth in Table 4 -1.
2. Commercial And Industrial Master Planned Developments.
a. Uses are permitted in accordance with those uses allowed within the
underlying zoning district as identified in Table 4 -1.
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b. Such other uses as are consistent with the Yakima Urban Area
1 Comprehensive Plan and Future Land Use Map or are of a similar type
and intensity as those uses allowed within the underlying zoning
district as identified in Table 4 -1. .
I 3. Mixed Use Master Planned Development.
a. Any residential, retail, commercial, office, public, light industrial
and /or recreational use may be permitted in a mixed use Master
J Planned Development provided such uses are designed in harmony
with the overall site plan and do not adversely impact adjoining
properties and development. It is recognized that uses may include a .
I combination of residential, commercial, retail, service and recreational
uses developed in an innovative manner. It is the intent of this district
. to provide flexibility in design, concept and usage in order to respond
I to and meet the needs of the community and marketplace.
C. Additional Uses Allowed: Unless otherwise restricted by Section 15.28.020
(B), the Hearing Examiner is authorized to recommend additional uses
I within a Master Planned Development provided such uses are an integrated
component of the development and not detrimental to surrounding land
uses. Authorization of additional uses shall take into consideration the
I following factors:
1. Any nonresidential uses proposed in a Master Planned Development -
Residential shall be primarily designed and intended for the use of the
I residents within the proposed development and planned as an integral
part of such Master Planned Development.
2. Non - residential uses within a Master Planned Development -
I Residential are limited to those uses allowed as Class (1) or Class (2)
uses in Professional Business (B -1), Local Business (B -2), and Small
Convenience Center (SCC), as listed in Table 4 -1 of the Urban Area
Zoning Ordinance (UAZO). Such non - residential uses. will be limited
'� to no more than ten percent (10 %) of the land contained in the Master
Planned Development, excepting recreational facilities or as
' otherwise provided in YMC 15.28. No commercial or other intensive
non - residential use is permitted to be closer to the boundary of any
adjacent residential district than is permitted for the same use by the
1 underlying zoning.
3. Residential uses within a Master Planned Development Commercial
or .Industrial shall be limited to those that are secondary . to the .
1 primary commercial and industrial use and designed in a manner that
is consistent with integrated site planning.
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15.28.025 Minimum Project Size.
The minimum project size for a Master Planned Development shall be ten (10)
acres. (Ord. 98 -63 § 1 (part), 1998). All properties included in the Master
Development Plan shall be contiguous, with logical outer boundaries.
15.28.030 Application — Master Planned Development Overlay
A. Application for Master Planned Development Overlay. 1
The Master Planned Development Overlay zone shall be established only
in conjunction with a Master Development Plan, which sets forth the
parameters for development of the property including a Site Plan and 1
Development Agreement. An application for a Master Planned
Development may be submitted as a concept plan or consolidated with
site specific proposals (e.g., preliminary plat, use applications, etc.)
The proposed master plan shall be for property under single
ownership, or if in multiple ownerships, the master plan application 111 shall be signed by each owner of property within the master plan and
all owners shall agree to be bound by conditions of approval,
including use, design and layout and development standards
established through the hearing process. All properties included in
the master concept plan shall be contiguous with logical outer
boundaries located within in the Urban Growth Area (UGA). A
proposed master concept plan may include properties both within and
outside the jurisdictional boundaries of the City of Yakima provided
that all areas are located within the UGA. Applications for Master
Planned Development Overlays which transcend jurisdictional
boundaries shall complete one of the following prior to acceptance of
the application for processing: -
1. Annexation of the remainder of the property lying outside of city
limits into the City of Yakima; or
2. Submit a petition for annexation to the Yakima City Council for
the above mentioned property, and attain and submit an Early
Transfer of Jurisdiction letter to the City of Yakima releasing the
proposed land use application to be processed by the City of Yakima.
B. Development Plan — Submission Requirements.
An application for Master Planned Development shall include the following
information:
1. Planning History. A summary of all . previous known land use
decisions affecting the applicant's property and a list of all outstanding
conditions of approval with respect to such prior land use decisions.
2. Existing Property Information. An application for
a master plan development shall contain the following information on and
adjacent to the site, presented in narrative, tabular and /or graphic formats:
a. Vicinity map that identifies surrounding uses within 500 feet of the site
boundary. 1
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b. Legal description b ega desc ption for the proposed Master Planned Development
together with a title report disclosing all lien holders and owners of
record.
c. Zoning map that identifies base and overlay zoning designations for the
site and surrounding property uses within 500 feet of the site boundary.
d. Site description including the following information provided in
narrative, tabular and /or graphic formats:
J i. Topography and natural resources including 100 -year floodplain;
wetlands, rivers, streams or other critical areas; and natural hazards
such as steep slopes greater than 15 %, and unstable, impermeable or
weak soils.
ii. Inventory of cultural, historic and /or archaeological resources on
the site, if any.
iii. Existing buildings, if any, including use, location, size and date
of construction.
iv. Existing on -site transportation systems including streets, sidewalks
' and bike paths, if any.
v. Location and size of existing public and private utilities on the site
including water, sanitary sewer, storm water retention /treatment
facilities, and electrical, telephone and data transmission lines.
vi. Location of public and private easements.
vii. A description of the type, design and characteristics of the
' surrounding properties for purposes of assessing the proposed
Master Planned Development effects.
3. Technical Studies. Technical Studies may be required by the
Administrative Official when potential adverse impacts are identified outside of
the SEPA regulatory review process and may include the following:
a. A Traffic Impact Analysis sufficient to asses access to the site and
' within the site, on- street parking impacts and limitations and
necessary traffic- related improvements;
' b. Drainage Study;
c. Geotechnical Analysis;
d. Noise Analysis;
' e. Visual Composite;
f. Other analysis of potentially significant issues as identified during
the SEPA environmental checklist review.
4. Site Plan. The application shall include a concept Site Plan which
includes the following elements
a. Project boundaries; •
b.. Primary uses and ancillary uses;
c. Existing and proposed structures;
d. Gross floor area of. development;
' e. Maximum building heights;
f. Minimum building setbacks;
g. Maximum lot coverage;
' h. Any other development standards proposed to be modified from the
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underlying zoning district requirements;
i. The proposed circulation system of arterial and collector streets,
including if known, the approximate general location of local streets,
private streets, off - street parking, service and loading areas, and major
points of access to public rights -of -way, with notations of proposed
public or private ownership as appropriate.
j. The proposed location of new and /or expanded public and private
utility infrastructure.
k. Site - screening, landscaping and street trees.
1. A Master Planned Development incorporating commercial or industrial
facilities must provide a buffer or site design along the perimeter of the
Master Planned Development, which shall reasonably transition the
Master Planned Development to any adjacent properties zoned or used
for residential purposes. If automobile parking, driveways, or
machinery operation is to be provided within one hundred feet (100) of
a Master Planned Development boundary, site screening shall be
provided in accordance with YMC 15.05.020. '
m. Aesthetic considerations related to building bulk, architectural
compatibility, light and glare, urban design, solar access and shadow
impacts.
Site features as appropriate to mitigate traffic, environmental, geotechnical
and other impacts as identified in technical studies required by this
Chapter.
n. Shoreline and Critical Areas where applicable.
5. Development Agreement. The application should also include ,
a Draft Development Agreement including the following elements:
a. Narrative Description of Project and Objectives
b. Summary of Development Standards '
c. Site Plan Elements
d. Development Phasing, including times of performance to preserve
vesting (YMC 15.28.070)
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e. Public Meeting Summaries
£ Performance Standards and Conditions addressing items "a" through
"e" above
g. Criteria for Determining Major vs. Minor Modifications and
amendments
h. Signatures by each owner of property within the Master Development i
Plan area acknowledging that all owners will agree to be bound by
conditions of approval, including use, design and layout, and
development standards contained with an approved Plan and
Development Agreement.
15.28.035 Phased Development. 1
The Master Planned Development Overlay application may include two (2) or
more phases of development provided that:
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A. The development plan identifies phases of the project in sufficient detail
to evaluate timing and coordination of phased development;
B.. The proposed timing or sequencing of development, recognizing that
phasing may require flexibility that is responsive to market demands;
C. Each phase will be subject to development standards identified, adopted,
and vested in the review process; and
D. Each phase of a proposed master plan shall contain adequate
infrastructure, landscaping and .all other conditions in order to allow the
phase to stand alone if no other subsequent phases are developed.
15.28.038 Planned Action — Environmental Review.
An application for Master Planned Development Overlay shall include a
completed Environmental Checklist. If requested by Applicant and deemed
appropriate by the City /County, a Master Planned Development Overlay
proposal may be designated by the City /County as a planned action pursuant to
RCW 43.21C.031(2) and WAC 197 -11 -164 et seq.
15.28.040 Review Process.
A. The Master Planned Development Overlay application shall be reviewed
using the rezone procedures described in YMC Section 15.23.030 The
criteria of 15.23.030 (E)(1 - 7) shall not be used. Upon filing of a complete
Master Plan application and completion of the required environmental
review process, the planning department shall forward the application,
together with its recommendation, to the Hearing Examiner to conduct a
public hearing and review in conformity with YMC Section 15.23.030.
' B. Pre - application Conference. A Master Planned Development site plan shall
be subject to a pre - application conference prior to formal submittal. The
preliminary site plan shall be submitted to the Administrative Official,
I • which shall include the material outlined for a master concept plan as set
forth in YMC 15.28.030(B). The Administrative Official shall coordinate
with the appropriate departments and provide recommendations to the
' applicant regarding site planning; use and concept design; street and utility
layout, design and location; development standards; and other matters
pertinent to the application and review criteria.
' C. Public Hearing and Recommendation. A master plan development
application shall be reviewed in an open record public hearing before the
Hearing Examiner. Hearings shall be as prescribed in YMC 16.03.030 and
.040. The Hearing Examiner shall apply the Master Plan Development
review criteria set forth herein and issue a written recommendation to the
legislative body to approve, approve with conditions or deny the proposed
' Master Planned Development. The Hearing Examiner may add
recommended conditions as necessary to protect the general public interest,
health, safety, comfort and welfare from potential impacts, nuisances,
hazards; or offensive conditions. The recommendation shall specifically
include findings, conclusions and conditions based on evidence and
testimony in the open record public hearing.
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D. Master Plan Development — Review Criteria. The Hearing examiner shall
evaluate a Master Planned Development application and other evidence
submitted into the record, and shall issue such recommendation based upon
the following considerations and criteria:
1. The master plan development application demonstrates the economic and
efficient use of land and provides for an integrated and consistent
development plan for the site.
2. The applicant has identified development standards and uses that are
consistent with the master plan and designed in a manner that is
compatible with adjacent land uses after consideration of applicable
mitigation and site design. The Hearing Examiner may consider
development standards that are different from currently adopted
development standards in order to provide flexibility in site planning; to
implement project design and concepts; to respond to market conditions;
or to otherwise achieve the public benefits contemplated by the concept
plan.
3. Consideration shall be given to "low impact development" concepts. 1
4. There will be adequate infrastructure capacity available by the time each
phase of development is completed.
5. The Master Planned Development contains design, landscaping, 1
parking/traffic management, and use mixture and location that limit or
mitigate conflicts between the Master Planned Development and
adjacent uses. Consideration shall be given to site planning that supports
land use flexibility through means of appropriate setbacks, landscaping,
site screening, buffers and other design features or techniques.
6. All potential significant off -site impacts including noise, shading, glare
and traffic have been identified and mitigation incorporated to the extent
reasonable and practical.
7. The project is designed and includes appropriate consideration of open
spaces and transportation corridors, designs of street and public open
space amenities, and results in the functional and visual appearance of
one integrated project.
8. The proposed development is not adverse to the public health, safety or
welfare.
9. The public benefits of approving the Master Planned Development
outweigh the effect of modification of standards to the underlying
zoning district.
10. The proposed development is designed to be consistent with the
provisions of the Shoreline Master Program and Critical Areas
Ordinance of the appropriate jurisdiction.
D. Legislative Body. Following receipt of the Hearing Examiner's
recommendation, the legislative body shall schedule a closed record
hearing for consideration of the Hearing Examiner's recommendation on
the Master Planned Development Overlay application. Upon conclusion of
said hearing, the legislative body may:
1. Accept the Hearing Examiner's recommendation; or
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2. Remand the Master Planned Development application to the Hearing
Examiner to provide supplementary findings and conclusions on
specific issues; or
3. Modify Hearing Examiner's recommendation based upon testimony and
evidence provided at the open record public hearing. In the event of a
modification of the Hearing Examiner's recommendation, the
legislative body shall enter its own modified findings of fact and
conclusions of law as are necessary and consistent with their final
determination.
4. Deny the application, with or without prejudice.
E. Appeals. The legislative body's decision shall be the final decision on the
project permit application, subject to appeal pursuant to the Land Use
Petition Act (LUPA) — RCW Ch. 36.70C.
15.28.050 Master Planned Development Overlay — Development
Agreement.
' An approved Master Planned Development Overlay (including conditions and
development standards) shall be incorporated into a development agreement as
authorized by RCW 36.70B.170. The development agreement shall provide for
vesting of such development conditions and standards as are deemed
'. reasonable and necessary to accomplish the goals of the Master Planned
Development. This agreement shall be binding on all property owners within
the Master Planned Development and their successors and shall require that
development of the subject property be consistent with and implement the
provisions of the approved Master Planned Development. The approved
' development agreement shall be signed by the City Manager or chairman of the
Board of the Yakima County Commissioners and all property owners and lien
holders within the boundaries of the Master Planned Development Overlay and
1 recorded prior to approval and /or issue of any implementing plats or permits.
15.28.060 Implementing Permits and Approvals.
A. Implementing Applications. Any development applications submitted for
property within an approved Master Planned Development Overlay shall be
reviewed for consistency with and implement the Master Planned
1 Development plan. Such implementing applications with appropriate fees
shall include but not be limited to applications for preliminary plat
• approval, binding site plans, certificates of zoning review, building permits
and other similar applications. Any subsequent application shall be
reviewed and approved in accordance with the conditions and standards
' adopted in the Master Planned Development Overlay.
B. Planned Action — Environmental Review. An applicant may submit a
Master Planned Development concept plan as a planned action pursuant to
WAC 197 -11 -164. Any project review pursuant to the authorized planned
' action shall include the following:
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1. Verification that the project meets the description in, and will implement
any applicable conditions or mitigation measures identified in the Master
Planned Development approval and ordinance or resolution; and
2. Verification that the probable significant adverse environmental impacts
of the project have been addressed in environmental review in the
context of the master plan review processes.
In the event the implementing project meets the above requirements, the
Administrative Official may deem the project to qualify as the planned
action designated in the master plan approval and a project threshold
determination or EIS shall not be required. [WAC 197 -11- 172(2)]. The
City /County is authorized to place conditions on the project in order to
address significant impacts that were not fully addressed through the
planned action process. Public notice for projects that qualify as planned
actions shall be tied to the underlying permit.
15.28.070 Vesting.
A. The Master Plan Development review shall be vested to development
regulations, standards, conditions and laws applicable at the time the
development agreement described in YMC 15.28.050 is recorded, inclusive
of specific conditions and standards set forth in said development
agreement. The vesting period shall be for the time stated in the
development agreement associated with each specific Master Planned 1
Development and shall be agreed upon by the parties to the development
agreement after giving consideration to the extent and complexity of the
proposed development as well as specific development planning 1
considerations raised by the developer. During the stated vesting period the
applicant shall be entitled to implement the Master Planned Development in
accordance with the terms and conditions of approval described in the
development agreement.
B. Vesting of rights may also include reservation of traffic capacity on public
streets and roadways or capacity in public facilities such as sewer and
water, if such reservations are specifically agreed upon in the development
agreement required by YMC 15.28.050. Such reservations shall be
applicable for the time as set forth in the development agreement.
15.28.080 Modification of an Approved Master Planned Development 11
Overlay.
Implementation of the Master Development Plan shall be reviewed through the
Type (1) review process. Modifications to the adopted Master Development
Plan and /or Development Agreement may be requested from time to time.
. Minor modifications will undergo Type (2) review. Major modifications will
undergo Type (3) review. The following criteria are established to assist this
determination. 1
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A. Type (1) Review Projects or Actions. Type (1) review process shall be
applied to (1) future projects or actions in compliance with an approved Master
Development Plan and Development Agreement; and
B. Type (2) Review Projects or Actions. Type (2) review process shall be
applied for minor modifications to an approved Master Development Plan or
Development Agreement.
A change or amendment to the approved master plan shall be deemed a "minor
modification" if, in the reviewing official's discretion, the following criteria are
satisfied:
1. The amendment does not increase the areas identified for any
particular land use or increase the residential density approved in the
master plan.
2. The amendment .does not increase the total floor area of
nonresidential uses by more than five percent (5 %).
3. The amendment does not materially change the type and
character of approved uses.
4. The amendment does not materially change parking or traffic
1 circulation within the development.
5. The amendment does not materially change setbacks, buffers,
landscaping, shoreline, critical area or other mitigation. measures.
' 6. The amendment does not materially impact the overall design of
the approved master plan.
7. Other similar changes of a minor nature proposed to be made to
1 the configuration, design, layout or topography of the Master Planned
Development which are deemed not to be material or significant in
relation to the entire Master Planned Development and are determined
1 not to have any significant adverse effect on adjacent or nearby lands
or the public health, safety or welfare.
C. Type (3) Review Projects or Actions. A major modification to the
' Master Development Plan shall be subject to a Type (3) review and shall be
referred to the Hearing Examiner in accordance with YMC 15.14.040. A
' "major modification" shall be any modification to an approved Master
Development Plan or Development Agreement that is deemed to be more
significant than a "minor modification" as described herein above.
D. Type 2 and 3 review shall be conducted consistent with the
provisions of YMC 15.14, and 15.15, respectively. For any changes falling
outside the scope of such review, the procedures set forth in this chapter for
original Master Development Plan and Development Plan approval shall be
' followed.
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Chapter 15.30
AIRPORT SAFETY OVERLAY (ASO) 1
Sections:
15.30.010 Purpose.
15.30.020 Definitions.
15.30.040 Class (1) uses.
15.30.050 Class (2) and Class (3) uses.
15.30.060 Application requirements.
15.30.070 Height limitations and additional requirements.
15.30.080 Special provisions for new airports, heliports and landing fields.
15.30.010 Purpose. 1
The airport safety overlay is intended to protect the airspace around the Yakima
Air Terminal at McAllister Field and any other state and federal system airports
from airspace obstructions or hazards and incompatible land uses in proximity
to the Yakima Air Terminal at McAllister Field or other public airport with
defined airspace per Federal Aviation Regulations (FAR) Part 77. 1
15.30.020 Definitions.
The following terms are established for the purpose of protecting the
airspace of the Yakima Air Terminal at McAllister Field or any other state
and federal system airport:
(A) "Airspace hazard" means any structure, tree, or use of land which
compromises public safety or obstructs the airspace required for the safe
operation of aircraft in or around an airport, as determined by the
Administrative Official under this title.
(B) "Airspace obstruction" means any structure, tree, land mass, smoke or
steam or use of land which penetrates the primary, approach, transitional,
horizontal or conical surface of an airport as defined by Federal Aviation
Regulations (FAR), Part 77.
(C) "Avigation easement" means an easement granted for the free and 1
unobstructed use and passage of aircraft over, across, and through the airspace
above, or in the vicinity of property.
(D) "Civil airport imaginary surfaces" means the imaginary airspace 1
(primary, approach, transitional, horizontal and conical surfaces) designated by
the Federal Aviation Administration and as defined by FAR, Part 77.
(E) "Established airport elevation" means the highest point of an airport's 1
usable landing area, measured in feet above mean sea level.
(F) "Hazard to air navigation" means an official determination by the FAA
that an airspace obstruction constitutes a hazard to air navigation. The FAA
determination that an airspace obstruction does not constitute a "hazard to air
navigation" under federal regulations does not prevent the Administrative
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Official from determining that it is an airspace hazard or potentially
incompatible land use under this title.
(G) "Potentially incompatible land use" means land uses deemed
potentially incompatible within the airport safety overlay include:
(1) Those land uses located in the primary airport safety overlay, being an
area bounded by the limits of the approach surface and the transitional surface
within the conical surface area, that are of such intensity as to potentially
endanger public health, safety or welfare. Such uses include manufactured or
mobile home parks, schools, places of public assembly, and multifamily
residential uses;
II • (2) Those land uses within the primary or secondary airport safety overlay
constituting airspace hazards, as determined by the Administrative Official.
(F) "Runway protection zone(s)" means a trapezoidal area representing the
ground level at the innermost portion of the runway approach as defined in the
respective airport master plan.
15.30.030 Application of airport safety overlay provisions.
(A) All zoning districts regulated under this title lying, within the airport
safety overlay are subject to the requirements of this overlay, except as may be
otherwise stated herein.
(B) The airport safety overlay (ASO) contains those areas defined by
Federal Aviation Regulations (FAR), Part 77 as imaginary surfaces and the
runway protection zone(s) as illustrated on the airport layout plan (ALP) and
zoning map, and comprised of two parts:
(1) The primary airport safety area addresses land use compatibility with
airport operations and structure height. It is located in an area bounded by the
limits of the runway protection zone and the FAA defined approach and
' transitional surfaces within the conical surface area; and,
(2) The secondary airport safety overlay principally addresses structure
height, particularly where a structure may constitute an incompatible land use
' under this title. It is bounded by the exterior of the conical surface area and the
approach and transitional approach surfaces extending beyond the conical •
surface.
15.30.040 Class (1) uses. •
' (A) The uses listed as, Class (1) uses within the underlying zoning district
shall be subject to the height restrictions listed in Section 15.30.070 or YMC
Chapter 15.05, Table 5 -1, whichever is the more restrictive. No separate
' application for a Class (1) use in the airport overlay is required, provided the
Administrative Official can conclusively determine that the proposed structure
or use:
' (1) Does not constitute a potentially incompatible land use; and
(2) Will not exceed thirty -five feet in height; or, if greater than thirty -five
feet in height, will not penetrate the approach, transitional, horizontal, or
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conical surface zones of the airport for any existing or planned approaches as
defined by FAR, Part 77; and
(3) Is not within a designated runway protection area or an identified future
sixty -five DNL aircraft noise impacted area within the airport master plan or
the FAA approved airport layout plan. Such structures and uses shall in any
case be subject to the limitation of Section 15.30.070 and to the recording of an
avigation easement.
(B) Class (1) uses shall be subject to Type (2) application and review
procedures pursuant to Section 15.30.060 where the use is a potentially
incompatible land use, or where the Administrative Official cannot make a
conclusive determination as required in subsection (1). 1
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15.30.050 Class (2) and Class (3) uses.
(A) The uses listed as Class (2) and Class (3) use within the underlying 1
zoning district are subject to:
(1) The height restrictions listed in Section 15.30.070 and YMC Ch.
105.05, Table 5 -1, whichever are the more restrictive;
(2) The provisions of Chapter 15.04 and any other review criteria for the
use required by the underlying zoning district; and,
(3) A determination that the use can be appropriately conditioned to
mitigate noise impacts and other airport safety concerns.
(B) Where an airspace hazard has been determined to exist by the
Administrative Official, the FAA determination on obstructions and hazards to
air navigation shall be balanced with special consideration for unique
characteristics of local terrain, reporting points for pilots using VFR, airport
operations, and development patterns.
15.30.060 Application requirements. 1
(A) Applications for uses within the airport safety overlay established by
this chapter shall include the following information:
(1) Property boundary lines as they relate to the boundaries of the primary
and secondary airport safety overlay;
(2) Location, elevation, and height of all existing and proposed buildings,
structures, utility lines, and trees taller than thirty -five feet in height;
(3) A description of the proposed use.
(4) A statement of compatibility from the airport manager when the use is
to be located within the airport safety overlay relative to the impact of the use
on airport operations and safety.
(B) In consideration of an application for a building, structure, or other use
which will exceed thirty -five feet in height, the Administrative Official may
require the applicant to submit either of the following:
(1) A certificate from a registered professional engineer or a licensed land
surveyor, which clearly states that no airspace obstruction will result from the
proposed use, or
(2) Either or both of the following: 1
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(a) The maximum elevations of proposed structures based on the established
airport elevation and USGS datum. Elevations shall be determined by a
registered professional engineer or a licensed land surveyor, accurate to plus or
minus one foot shown as mean sea level elevation or other available
data. The accuracy of all elevations shall be certified by the engineer or
surv eyor.
(b) A map of topographic contours with not more than five foot intervals,
showing all land within one hundred feet of the proposed structure(s) for which
the permit is being sought. This map shall also bear the verification of a
licensed land surveyor or registered professional engineer.
15.30.070 Height limitations and additional requirements.
11 (A) A building, structure, communication tower, use or tree that penetrates
any of the FAA designated imaginary surfaces constitutes an obstruction within
the ASO overlay. Therefore, the allowable height of any building, structure,
communication tower, use or tree within the airport safety overlay shall
conform to the following:
(1) The ground level elevation above mean sea level plus the height of any
building, structure, communication tower, use or tree at its proposed location
shall not penetrate any FAR, Part 77 designated imaginary surfaces of an
airport.
(2) However, structures thirty -five feet or more in height may penetrate the
imaginary surfaces when the reviewing official, in consultation with
Washington State Department of Transportation ( WSDOT) Aviation Division
1 or the airport manager, can determine that the structure is not likely to
constitute an airspace hazard.
' (3) The Administrative Official may require lights or markers as a warning
to aircraft on the building, structure, communication tower, use or tree(s), or to
top the tree to reduce its height when recommended by the FAA, WSDOT
Aviation Division or the airport manager. Lights and markers shall meet FAA
specifications.
(4) Notwithstanding any other provision of this title, the Administrative
' Official shall not approve any building, structure, communication tower, use or
tree when the FAA has designated it a hazard to air navigation.
(B) Whenever the height limitations of this section differ from those of any
1 other section of this chapter, or that adopted by another local ordinance or
regulation, the more restrictive limitation shall apply.
(C) No use or activity shall take place within the airport safety overlay in
1 such a manner as to: make it difficult for pilots to distinguish between airport
lights and others; create electrical interference with navigational signals or
radio communication between the airport and aircraft; result in glare in the eyes
' of pilots using the airport; impair visibility in the vicinity of the airport; create
birds -strike hazards; or otherwise create a hazard which may in any way
endanger the landing, takeoff, or maneuvering of aircraft intending to use the
1 airport.
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(D) The regulations prescribed by this chapter shall not be construed to
require a property owner to remove, lower, or make changes or alterations to
any structure which legally existed prior to the effective date of the ordinance
codified in this chapter, except as may be compelled by state or federal
regulation. However, such structures shall be considered nonconforming if such
structure is in conflict with these regulations.
(E) An avigation easement and deed declaration, which recognizes the
preexistence of the airport and the right of over flight, shall be recorded for all
uses within the approach and transitional surfaces of the conical surface area.
15.30.080 Special provisions for new airports, heliports and landing fields. '
All new airports, heliports, or landing fields shall be designed so that the
incidence of aircraft passing in the vicinity of preexisting dwellings or places of
public assembly is minimized. They shall be located so that air traffic shall not
generate more than fifty -five DNL as measured at the property line and shall
not be located in close proximity to incompatible land uses as defined in this
title. The proponents shall show that adequate controls or measures will be
taken to reduce noise levels, vibrations, dust or bright lights, as required by
federal, state, county, and city regulations. 1
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Chapter 15.31
INSTITUTIONAL OVERLAY ZONE
Sections:
15.31.010 Purpose.
15.31.015 Eligibility and Applicability
15.31.020 Permitted uses.
15.31.025 Supplemental Application Submittal Requirements
15.31.026 Public Meeting Required Prior to Application Submittal
15.31.030 Review process.
15.31.040 Standards for the formation of the Institutional Overlay zone.
15.31.050 Development standards.
15.31.060 Effect of approval.
15.31.070 Subsequent Actions and Project Applications Under An•Approved
Master Plan, Amendments To Master Plan.
15.31.010 Purpose.
The purpose of the Institutional Overlay zone is to allow for large -
scale institutional facilities with special locational needs and impacts
which must be designed and perform in a manner that is compatible
with surrounding land uses. Through a master plan review process
(15.31.030) the public is involved in the development of performance
standards. A Development Agreement and site master plan assure
predictability for the owner, the appropriate jurisdiction and the
citizen. The process balances the need for large -scale institutional
' facilities to grow while minimizing adverse environmental impacts
associated with such development on the adjacent community.
' 15.31.015 Eligibility and Applicability
Construction or expansion of the following institutional uses will be permitted
' only in Institutional Overlay zones designated on the Official Zoning Map of
the appropriate jurisdiction.
1. Hospitals
' 2. Community Colleges
The Institutional Overlay designation is not required as a pre- condition for
1 interior improvements or external onsite improvements for facilities existing as
of the date of adoption of this Chapter where said improvements do not expand
the existing building or land area.
The Institutional Overlay designation is not required for institutions located in
commercial, industrial or other non - residential zones, except when located
adjacent to a residential district.
Either the sponsoring institution or the City /County may initiate the
establishment of an Institutional Overlay zone.
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The minimum area which may be included within an Institutional Overlay
zone shall be five acres, measured to the center of abutting street rights -of -way.
The addition of contiguous property to an existing Institutional Overlay
zone shall have no minimum required area but shall require an amendment
to the Official Zoning Map.
15.31.020 Permitted uses. 1
The Institutional Overlay zone is intended to allow for the establishment,
expansion, and revision of institutional uses including hospitals and
higher educational facilities. Uses that are functionally integrated
with, ancillary, and /or substantively related to the primary institutional
use or that primarily and directly serve the users of an institution may be
defined as permissible institutional uses through the Master Development
Plan review process and Development Agreement.
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15.31.025 Supplemental Application Submittal Requirements
The Institutional Overlay zone shall be established only in conjunction
with a Master Development Plan, which sets forth the parameters for
development of the property including a Site Plan and Development
Agreement. Applicants for an Institutional Overlay shall, in addition to the
requirements of Chapter (rezone application requirements), submit a Master
Development Plan to include the following:
1. Technical Studies, including:
A. A Traffic Impact Analysis sufficient to asses access to the site and
within the site, on- street parking impacts and limitations and 1
necessary traffic - related improvements;
B. Drainage Study
C. Geotechnical Analysis
D. Noise Analysis
E. Other analysis of potentially significant issues as identified by the
SEPA environmental checklist.
2. Master Site Plan which includes the following elements
A. Boundaries of the institution
B. Primary uses and ancillary uses;
C. Gross floor area of development,
D. Maximum building heights,
E. Minimum building setbacks,
F. Maximum lot coverage, •
G. Minimum and maximum number of off - street parking spaces,
H. Site - screening,
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I. Aesthetic considerations related to buildin g bulk, architectural.
compatibility, light and glare, urban design, landscaping, street
trees, solar access and shadow impacts.
J. Site features as appropriate to mitigate traffic, environmental,
geotechnical and other impacts as identified in technical studies
required by this Chapter.
3. Draft Master Development Agreement including the following
elements:
A. Narrative Description of Project and Objectives
B. Restatement of the Development Standards of Chapter
15.31.050(B)
C. Site Plan Elements
D. Development Phasing
' E. Public Meeting Summary (YMC 15.31.26)
F. Performance Standards and Conditions Addressing Items "a" thru
"e" above.
G. Criteria for Determining Major vs. Minor Modifications
15.31.026 Public Meeting Required Prior to Application Submittal
' Prior to the formal filing of an application for an Institutional Overlay
zone, the sponsoring institution or the City /County, whichever initiated the
establishment of the Institutional Overlay zone, shall hold at least two public
' meetings to discuss the proposal and identify concerns of the affected area
residents and property owners. The applicant shall provide written notification
to property owners of record within 500 feet of the subject property at least 14
days prior to the holding of the public meetings. The master development plan
proposal shall document and reflect the various concerns raised through this
pre - application, public input process.
•
15.31.030 Review process.
The Institutional Overlay zone and Master Development Plan shall be
reviewed using the review process described in YMC Section
15.23.030, and . as further specified herein. Upon filing of a valid
' rezone application and completion of the required environmental
review process, the planning department shall forward the rezone
application, together with its recommendation, to the Hearing Examiner •
' to conduct a public hearing and review in conformity with YMC
Section 15.23.030. Prior to said hearing a recommendation will be
obtained from the Regional Planning Commission. The decision of the .
Hearing Examiner shall be in the form of a written recommendation to the
legislative body pursuant to YMC 15.23.030 E.
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15.31.050 Development standards.
i
1. Development standards for uses within an Institutional Overlay zone
may differ from those of the underlying zone when approved as part
of the Master Development Plan. Standards which may supersede
those of the underlying zone include the following: ,
A. Maximum gross floor area of development;
B. Maximum building height;
C. Minimum building setbacks
D. Maximum lot coverage;
E. Minimum and maximum off - street parking;
F. Landscaping;
G. Signage;
H. Exterior lighting, shadows, and glare reduction; and
I. Other standards determined by the City /County to be necessary to
ensure land use compatibility with other uses in the surrounding area.
2. The legislative body shall consider the following in determining the
standards for a particular Institutional Overlay zone in a specific
location:
A. The institution's compatibility with surrounding uses, especially related
to:
i.Public safety,
ii. Site access, on -site vehicular and pedestrian circulation, and on- and
off - street parking,
iii. Landscaping and buffering of buildings, parking, loading and
storage areas,
iv. Light and shadow impacts,
v. Potential environmental impacts, such as noise, vibration, smoke,
dust, odors, light /glare, or other undesirable impacts,
vi. Number, size and location of signage;
vii.The character of the neighboring properties compared to the
adjacent institutional uses and activities 1
B. The unique characteristics of the proposed use(s);
C. The unique characteristics of the subject property;
D. The arrangement of buildings and open spaces as they relate to each
other within the institutional campus;
E. Visual impacts of the institution on the surrounding area;
F. Public improvements proposed in connection with the institution's
Master Plan; and
G. The public benefit provided by the institution.
15.31.060 Effect of approval. 1
The approval by the legislative body of a Master Development Plan for an
Institutional Overlay shall guide future development within the
Institutional Overlay. The approved Master Development Plan and 0
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Development Agreement shall remain binding upon the sponsoring
p g g p p g
institution and the appropriate jurisdiction. Approvals of building permits
and zoning certificates shall be as required for Type (1) permits provided the
proposed improvement conforms to the Master Development Plan as approved.
Any City, County, State, Federal or other regulation or standard not specifically
superseded by the adopted Master Plan and Development Agreement remains
in full force and effect. Any use of land for purposes other than is specifically
approved as part of the adopted Master Plan and Development Agreement shall
be subject to all requirements of the underlying land use zone as designated on
the Official Zoning Map.
15.31.070 Subsequent Actions and Project Applications Under An
Approved Master Plan; Amendments To Master Plan. , .
Implementation of the Master Development Plan shall be reviewed through the
' Type (1) review process. Modifications to the adopted Master Development
Plan and /or Development Agreement may be requested from time to time.
Minor revisions will undergo Type (2) review. Major modifications will -
' undergo Type (3) review. Specific criteria for determining major vs.
minor modifications shall be incorporated into the final zoning
regulation and Development Agreement governing the institution's
' Master Plan. The following criteria are established to assist this determination.
1. Type (1) Review Projects or Actions. For future projects or actions in
compliance with an approved Master Development Plan and Development
' Agreement the Type (1) review process shall be applied.
2. Type (2) Review Projects or Actions. The following projects or actions,
representing projects or actions which do not substantially differ from
' projects contemplated by an approved Master Development Plan shall be
subject to Type (2) review: •
A. An amendment to the Master Development Plan defined in the
' Development Agreement as a Minor Modification (YMC
15.31.025(3)(8). ";
3. Type (3) Review Projects or Actions. The following actions, not
' contemplated by an approved Master Development Plan shall be subject
to Type (3) review:
A. An amendment to the Master Development Plan defined in the
1 Development Agreement as a Major Modification (YMC
15.31.025(3)(g).
4. Type (1), (2), and (3) reviews shall be conducted consistent with the
' provisions of YMC 15.13, 15.14, and 15.15, respectively. For any changes
falling outside the scope of such review, the procedures set forth in this
chapter for original Master Development Plan and Development Plan
1 approval shall be followed.
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