Chapter 15.04
PERMITTED LAND USES
Sections:
15.04.020 Land use classification system.
15.04.030 Table of permitted land uses.
15.04.080 Drive-through facilities.
15.04.100 Caretaker dwellings.
15.04.130 Temporary use permits.
15.04.140 Temporary hardship unit permits.
15.04.150 Standards for mobile/manufactured home and tiny house communities.
15.04.160 Placement of mobile/manufactured homes in residential districts.
15.04.170 Placement of manufactured modular nonresidential structures.
15.04.200 State Fair Park—Exposition and Special Events Center.
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 and requirements of each district. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
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. However, certain circumstances may alter the type of review due to a higher or lower complexity.
A. Class (1) uses are permitted, provided the district standards are met. The administrative official shall use the procedures in YMC Chapter 15.13 to review Class (1) uses and associated site improvements. Class (1) uses in certain situations may require a Type (2) review, as required by YMC 15.13.020. The procedures in YMC 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 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 YMC 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 within 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 land 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 YMC 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 YMC 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).
F. Administrative Official’s Determination of Table of Permitted Land Uses.
1. The administrative official shall be authorized to determine whether a new or expanded use not otherwise identified in Table 4-1, Permitted Land Uses, is consistent with or similar to those already provided for within the table.
2. In the event that an applicant is aggrieved by a verbal determination of the administrative official, the applicant may submit a request for a written determination to the city of Yakima planning division.
3. If the administrative official cannot conclusively determine that a new or expanded use is consistent with or similar to those identified within Table 4-1, the determination may be referred to the hearing examiner for an inter-
pretation as provided for in YMC Ch. 15.22. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 12, 1975; Ord. 2947 § 1 (part), 1986).
15.04.030 Table of permitted land uses.
Table 4-1 titled “Permitted Land Uses” is incorporated as part of this section. Each permitted land use listed in Table 4-1 is designated a Class (1), (2), or (3) use for a particular zoning district. In addition, some Class (1) uses may require Type (2) review in accordance with YMC 15.04.020. All permitted land uses and associated site improvements are subject to the design standards and review procedures of this title.
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SR |
R-1 |
R-2 |
R-3 |
B-1 |
B-2 |
HB |
SCC |
LCC |
AS |
GC |
CBD |
RD |
M-1 |
M-2 |
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AGRICULTURAL (COMMERCIAL) |
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Agriculture, Horticulture, General Farming (not feedlots or stockyards) (*) |
1 |
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1 |
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1 |
1 |
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Agricultural Building (*) |
1 |
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1 |
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1 |
1 |
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Agricultural Chemical Sales/Storage |
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1 |
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1 |
1 |
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Agricultural Market (*) |
1 |
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1 |
1 |
1 |
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1 |
1 |
1 |
1 |
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Agricultural Stand (*) |
1 |
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1 |
1 |
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Agricultural Related Industries (*) |
2 |
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1 |
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1 |
1 |
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Animal Husbandry (See YMC 15.09.070) (*) |
1 |
2 |
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1 |
1 |
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Concentrated Feeding Operation (*) |
3 |
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Floriculture, Aquaculture |
1 |
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1 |
1 |
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Fruit Bin Sales/Storage |
3 |
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2 |
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1 |
1 |
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Marijuana Production (**) |
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1 |
1 |
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Winery and Brewery—Basic (*) |
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3 |
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3 |
1 |
2 |
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Resort/Destination w/on-site agricultural production (*) |
2 |
3 |
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3 |
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3 |
3 |
3 |
3 |
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Resort/Destination (*) |
2 |
3 |
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3 |
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1 |
1 |
1 |
3 |
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Retail (*) |
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1 |
1 |
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1 |
1 |
1 |
1 |
2 |
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AMUSEMENT AND RECREATION |
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Aquatic Center |
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3 |
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3 |
3 |
1 |
2 |
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Amusement Park (Permanent) (*) |
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3 |
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3 |
3 |
1 |
3 |
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Bowling Alleys |
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2 |
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2 |
2 |
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1 |
1 |
2 |
3 |
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Campground (*) |
3 |
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2 |
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Children’s Outdoor Recreation Center* (More than 500 ft. from abutting residential and not containing a go-cart track) |
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2 |
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2 |
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Children’s Outdoor Recreation Center* (Less than 500 ft. from abutting residential and/or containing a go-cart track) |
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3 |
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2 |
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Drive-In Theatres |
3 |
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2 |
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2 |
2 |
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Exercise Facilities |
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2 |
1 |
1 |
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1 |
1 |
2 |
1 |
1 |
1 |
2 |
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Horse Racing Tracks, Speedways |
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3 |
3 |
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Game Rooms, Card Rooms, Electronic Game Rooms (*) |
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3 |
2 |
1 |
2 |
2 |
2 |
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Golf Courses, Clubhouses, Golf Driving Ranges |
3 |
3 |
3 |
3 |
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2 |
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Miniature Golf Courses |
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3 |
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3 |
1 |
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1 |
1 |
1 |
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Movie Theatres, Auditoriums, Exhibition Halls |
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3 |
1 |
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1 |
1 |
1 |
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Parks (*) |
2 |
2 |
2 |
2 |
2 |
2 |
2 |
2 |
2 |
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2 |
2 |
1 |
2 |
2 |
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Roller Skating or Ice Skating Rink |
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2 |
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2 |
1 |
1 |
2 |
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Sports Facility (indoor) |
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2 |
2 |
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1 |
2 |
1 |
2 |
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Social Card Rooms (See YMC 15.09.090) (*) |
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3 |
3 |
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3 |
3 |
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State Fair Park |
(See YMC 15.04.200) |
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COMMUNITY SERVICES |
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Cemetery/Crematorium with Funeral Home |
3 |
3 |
3 |
3 |
3 |
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3 |
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Funeral Home not associated with Cemetery/Crematorium |
3 |
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2 |
2 |
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2 |
1 |
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1 |
1 |
2 |
2 |
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Churches, Synagogues, and Temples (*) |
2 |
2 |
2 |
2 |
2 |
2 |
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2 |
2 |
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1 |
1 |
2 |
2 |
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Community Center (*) Meeting Halls, Fraternal Organizations |
2 |
2 |
2 |
2 |
2 |
2 |
2 |
2 |
2 |
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1 |
1 |
2 |
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Community Gardens (*) (if accessory to an approved principal use) (See YMC 15.04.060(G)) |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
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Community Gardens (*) (with planting area of one-quarter acre or less) |
1 |
1 |
1 |
1 |
1 |
1 |
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1 |
1 |
1 |
1 |
1 |
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1 |
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Community Gardens (*) (with planting area of more than one-quarter and up to one-half acre) |
2 |
2 |
2 |
2 |
2 |
2 |
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2 |
2 |
2 |
1 |
2 |
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2 |
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Community Gardens (*) (with planting area of more than one-half acre up to one acre) |
2 |
2 |
2 |
2 |
2 |
2 |
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2 |
2 |
2 |
2 |
2 |
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2 |
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Day Care Facilities (not home occupation): Family In-Home (*) |
1 |
2 |
2 |
2 |
2 |
2 |
2 |
2 |
1 |
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1 |
1 |
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Day Care Center (*) |
2 |
2 |
2 |
2 |
1 |
1 |
2 |
1 |
1 |
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1 |
1 |
2 |
1 |
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Public Facility (*) |
3 |
3 |
3 |
3 |
2 |
2 |
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2 |
2 |
1 |
1 |
1 |
1 |
1 |
1 |
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Hospital (*) Outside Institutional Overlay |
3 |
3 |
3 |
3 |
3 |
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3 |
3 |
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3 |
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Correctional Facilities |
3 |
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3 |
3 |
3 |
3 |
3 |
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Libraries |
3 |
3 |
3 |
2 |
1 |
2 |
1 |
1 |
1 |
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1 |
1 |
1 |
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Museums, Art Galleries |
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3 |
3 |
2 |
1 |
2 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
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Schools |
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Elementary and Middle |
3 |
3 |
3 |
3 |
3 |
3 |
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1 |
3 |
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Senior High School |
3 |
3 |
3 |
3 |
3 |
3 |
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3 |
3 |
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Business Schools (*) |
3 |
3 |
3 |
3 |
3 |
3 |
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2 |
2 |
1 |
1 |
1 |
2 |
2 |
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Community College/University—Inside Institutional Overlay |
(See YMC Chapter 15.31) |
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Community College/University—Outside Institutional Overlay |
3 |
3 |
3 |
3 |
3 |
2 |
2 |
2 |
2 |
3 |
2 |
3 |
2 |
2 |
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Vocational Schools (*) |
3 |
3 |
3 |
3 |
3 |
2 |
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2 |
2 |
1 |
1 |
1 |
2 |
3 |
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Wastewater Sprayfield (*) |
3 |
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3 |
3 |
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Zoo (*) |
3 |
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3 |
3 |
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3 |
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3 |
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HEALTH AND SOCIAL SERVICE FACILITY |
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Group Homes (six or fewer), Adult Family Home (*) |
1 |
1 |
1 |
1 |
1 |
1 |
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1 |
1 |
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Treatment Centers for Drug and Alcohol Rehabilitation |
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3 |
3 |
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3 |
3 |
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3 |
3 |
3 |
3 |
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Congregate Living Facility up to 10 (*) |
3 |
3 |
3 |
3 |
2 |
2 |
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1 |
2 |
1 |
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Congregate Living Facility 11+ |
3 |
3 |
3 |
3 |
3 |
3 |
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2 |
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2 |
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Halfway House (*) |
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2 |
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3 |
3 |
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Group Homes (more than six), Convalescent and Nursing Homes (*) |
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3 |
2 |
2 |
2 |
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3 |
3 |
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Mission (*) (with Type (3) review, and development agreement—see definition) |
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2 |
2 |
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2 |
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MANUFACTURING |
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Agricultural Product Support |
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2 |
2 |
2 |
1 |
1 |
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Aircraft Parts |
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1 |
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2 |
1 |
1 |
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Apparel and Accessories |
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3 |
2 |
2 |
1 |
1 |
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Bakery Products (wholesale) |
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2 |
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2 |
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2 |
2 |
2 |
1 |
1 |
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Beverage Industry (*) |
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2 |
2 |
2 |
1 |
1 |
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Canning, Preserving and Packaging Fruits, Vegetables, and Other Foods |
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2 |
1 |
1 |
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Cement and Concrete Plants |
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3 |
1 |
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Chemicals (Industrial, Agricultural, Wood, etc.) |
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3 |
1 |
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Concrete, Gypsum and Plaster Products |
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2 |
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1 |
1 |
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Confectionery and Related Products (wholesale) |
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2 |
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2 |
2 |
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1 |
1 |
2 |
1 |
1 |
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Cutlery, Hand Tools and General Hardware |
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1 |
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3 |
1 |
1 |
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Drugs |
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1 |
2 |
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2 |
1 |
1 |
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Electrical Transmission and Distribution Equipment |
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1 |
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2 |
3 |
1 |
1 |
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Electronic Components and Accessories and Product Assembly |
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1 |
2 |
2 |
3 |
1 |
1 |
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Engineering, Medical, Optical, Dental, Scientific Instruments and Product Assembly |
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1 |
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2 |
2 |
1 |
1 |
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Fabricated Structural Metal Products |
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2 |
3 |
3 |
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1 |
1 |
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Food Processing |
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2 |
3 |
1 |
1 |
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Furniture |
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2 |
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3 |
2 |
1 |
1 |
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Glass, Pottery, and Related Products and Assembly |
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2 |
2 |
2 |
1 |
1 |
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Grain Mill Products |
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3 |
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1 |
1 |
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Heating Apparatus Wood Stoves |
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1 |
1 |
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Leather Products |
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3 |
1 |
1 |
1 |
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Leather Tanning and Finishing |
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1 |
1 |
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Machinery and Equipment |
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1 |
2 |
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1 |
1 |
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Marijuana Processing (**) |
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1 |
1 |
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Marijuana Research (**) |
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1 |
1 |
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Meat, Poultry and Dairy Products |
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1 |
1 |
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Paints, Varnishes, Lacquers, Enamels and Allied Products |
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3 |
1 |
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Paperboard Containers and Boxes |
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1 |
3 |
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1 |
1 |
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Plastic Products and Assembly |
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1 |
2 |
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1 |
1 |
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Prefabricated Structural Wood Products and Containers |
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1 |
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1 |
1 |
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Printing, Publishing and Binding |
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1 |
3 |
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2 |
1 |
1 |
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Printing Trade (service industries) |
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2 |
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2 |
2 |
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1 |
1 |
2 |
1 |
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Recycling Processing Center (*) |
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3 |
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1 |
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Rendering Plants, Slaughter Houses |
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3 |
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Rubber Products |
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1 |
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2 |
1 |
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Sign Manufacturing and Product Assembly (*) |
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2 |
1 |
1 |
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1 |
1 |
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Sawmills and Planing Mills |
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2 |
1 |
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Sheet Metal and Welding Shops |
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2 |
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1 |
1 |
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Stone Products (includes finishing of monuments for retail sale) |
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2 |
|
|
|
1 |
2 |
2 |
3 |
1 |
1 |
|
Transportation Equipment, Including Trailers and Campers |
|
|
|
|
|
|
|
|
|
|
|
|
2 |
1 |
1 |
|
Woodworking: Cabinets, Shelves, etc. |
|
|
|
|
|
|
|
|
3 |
1 |
2 |
|
2 |
1 |
1 |
|
MINING/REFINING/OFF-SITE HAZARDOUS WASTE TREATMENT |
|||||||||||||||
|
Asphalt Paving and Roofing Materials, Rock Crushing |
3 |
|
|
|
|
|
|
|
|
|
|
|
|
3 |
1 |
|
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 |
1 |
|
Off-Site Hazardous Waste Treatment and Storage Facilities (*) |
|
|
|
|
|
|
|
|
|
|
|
|
|
3 |
3 |
|
RESIDENTIAL |
|||||||||||||||
|
Accessory Uses (*) |
See YMC 15.04.060 |
||||||||||||||
|
Detached Single-Family Dwelling (*) |
1 |
1 |
1 |
1 |
3 |
3 |
1 |
3 |
3 |
|
3 |
|
3 |
|
|
|
Accessory Dwelling Unit (*) (See YMC 15.09.045) |
2 |
2 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
|
1 |
|
1 |
1 |
|
|
Existing or New Detached Single-Family Dwelling on Existing Lots of 8,000 Square Feet or Less |
|
|
|
|
|
|
|
|
|
|
1 |
|
1 |
1 |
|
|
Detached Single-Family Dwelling (zero lot line) (*) (See YMC 15.09.040) |
2 |
2 |
2 |
2 |
3 |
3 |
1 |
3 |
3 |
|
3 |
|
3 |
|
|
|
Attached Single-Family Dwelling, Common Wall (*) |
2 |
2 |
1 |
1 |
3 |
3 |
1 |
2 |
2 |
|
2 |
|
2 |
|
|
|
Two-Family Dwelling (Duplex) (*) |
3 |
2 |
1 |
1 |
2 |
2 |
1 |
2 |
2 |
|
1 |
|
2 |
|
|
|
Two-Family Dwelling (Duplex) (*) on Corner Lots in a New Subdivision |
1 |
1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Converted Dwelling (*) |
3 |
2 |
1 |
1 |
1 |
1 |
1 |
2 |
2 |
|
1 |
1 |
|
|
|
|
Cottage Housing (*) (See YMC 15.09.035) |
|
2 |
1 |
1 |
1 |
1 |
|
2 |
2 |
|
2 |
|
2 |
|
|
|
Multifamily Development (*): 0—7 DU/NRA |
|
2 |
1 |
1 |
2 |
2 |
|
2 |
2 |
|
2 |
2 |
2 |
|
|
|
8—12 DU/NRA |
|
|
2 |
1 |
2 |
2 |
|
2 |
2 |
|
2 |
2 |
2 |
|
|
|
13+ DU/NRA |
|
|
2 |
1 |
2 |
2 |
|
2 |
2 |
|
2 |
2 |
2 |
|
|
|
Mixed-Use Building |
|
|
|
|
1 |
1 |
|
1 |
1 |
|
1 |
1 |
1 |
|
|
|
Planned Development (*) |
See YMC 15.28 |
||||||||||||||
|
Mobile Home Communities (*) |
2 |
|
|
2 |
|
|
|
|
|
|
2 |
|
|
|
|
|
Tiny House Communities (*) |
|
|
2 |
1 |
2 |
2 |
|
2 |
2 |
|
2 |
|
|
|
|
|
Mobile Home (*) or Manufactured Homes (*) |
See YMC 15.04.160 |
||||||||||||||
|
Retirement Homes (*) |
2 |
|
3 |
1 |
3 |
|
|
|
|
|
1 |
1 |
|
|
|
|
Temporary Hardship Units (See YMC 15.04.140) |
2 |
2 |
2 |
2 |
2 |
2 |
|
2 |
2 |
|
2 |
2 |
|
2 |
|
|
RETAIL TRADE, AND SERVICE |
|||||||||||||||
|
Adult Business Uses |
See YMC 15.09.200 |
||||||||||||||
|
Animal Clinic/Hospital/Veterinarian (*) |
3 |
|
|
|
2 |
2 |
|
2 |
1 |
2 |
1 |
1 |
|
1 |
|
|
Auction House for Goods (*) |
3 |
|
|
|
|
2 |
|
2 |
2 |
|
1 |
1 |
2 |
1 |
1 |
|
Auction House for Livestock (*) |
3 |
|
|
|
|
|
|
|
|
|
|
|
|
2 |
2 |
|
Automotive |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Automotive Dealer New and Used Sales |
|
|
|
|
|
2 |
|
2 |
2 |
|
1 |
3 |
1 |
1 |
|
|
Weekend Automobile and Recreational Vehicle (RV) Sales |
|
|
|
|
|
|
|
|
1 |
|
1 |
|
1 |
|
|
|
Automotive: Car Wash/Detailing |
|
|
|
|
|
2 |
|
1 |
1 |
1 |
1 |
|
1 |
2 |
|
|
Parking Lots and Garages |
|
|
|
|
2 |
1 |
|
1 |
1 |
1 |
1 |
1 |
1 |
1 |
|
|
Maintenance and Repair Shops |
|
|
|
|
|
2 |
|
1 |
1 |
2 |
1 |
2 |
|
1 |
2 |
|
Paint and Body Repair Shops |
|
|
|
|
|
2 |
|
2 |
1 |
|
1 |
|
|
1 |
2 |
|
Parts and Accessories (tires, batteries, etc.) |
|
|
|
|
|
2 |
|
1 |
1 |
1 |
1 |
2 |
1 |
2 |
|
|
Towing Services |
|
|
|
|
|
|
|
|
|
1 |
3 |
|
|
1 |
1 |
|
Wrecking and Dismantling Yard (*) and Hulk Haulers (*) |
|
|
|
|
|
|
|
|
|
|
|
|
|
3 |
1 |
|
Bail Bonds |
|
|
|
|
|
|
|
|
|
|
1 |
1 |
1 |
|
|
|
Beauty and Barber Shops |
|
|
|
|
2 |
1 |
2 |
1 |
1 |
1 |
1 |
1 |
1 |
2 |
|
|
Short Term Rental (*) |
2 |
2 |
2 |
2 |
2 |
|
|
2 |
2 |
|
2 |
1 |
|
|
|
|
Boats and Marine Accessories |
|
|
|
|
|
2 |
|
2 |
1 |
|
1 |
|
1 |
1 |
|
|
Butcher Shop |
|
|
|
|
|
1 |
|
1 |
1 |
|
1 |
2 |
2 |
1 |
|
|
Commercial Services (*) |
|
|
|
|
2 |
1 |
2 |
1 |
1 |
|
1 |
1 |
1 |
2 |
|
|
Communication Towers (*) |
(See YMC Chapter 15.29) |
||||||||||||||
|
Convenience Store—Closed 10:00 p.m. to 6:00 a.m. |
|
|
|
|
|
1 |
2 |
1 |
1 |
1 |
1 |
1 |
1 |
2 |
|
|
Convenience Store—Open 10:00 p.m. to 6:00 a.m. |
|
|
|
|
|
2 |
|
2 |
2 |
1 |
1 |
2 |
1 |
2 |
|
|
Pet Day Care/Animal Training (*) |
2 |
|
|
|
|
1 |
|
1 |
1 |
2 |
1 |
|
1 |
2 |
|
|
Farm and Implements, Tools and Heavy Construction Equipment |
|
|
|
|
|
|
|
|
|
1 |
2 |
|
3 |
1 |
1 |
|
Farm Supplies |
|
|
|
|
|
|
|
2 |
2 |
1 |
1 |
|
2 |
1 |
|
|
Financial Institutions |
|
|
|
|
1 |
1 |
|
1 |
1 |
1 |
1 |
1 |
1 |
|
|
|
Fuel Oil and Coal Distributors |
|
|
|
|
|
|
|
|
|
1 |
2 |
|
|
1 |
1 |
|
Furniture, Home Furnishings, Appliances |
|
|
|
|
|
1 |
|
1 |
1 |
1 |
1 |
1 |
1 |
|
|
|
General Hardware, Garden Equipment, and Supplies |
|
|
|
|
|
2 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
|
|
General Retail Sales 12,000 sq. ft. or less (not otherwise regulated) (*) |
|
|
|
|
2 |
1 |
|
1 |
1 |
1 |
1 |
1 |
1 |
3 |
|
|
General Retail Sales greater than 12,000 sq. ft. (not otherwise regulated) (*) |
|
|
|
|
|
2 |
|
1 |
1 |
1 |
1 |
1 |
1 |
3 |
|
|
Heating and Plumbing and Electrical Equipment Stores |
|
|
|
|
|
2 |
|
2 |
1 |
1 |
1 |
1 |
1 |
|
|
|
Heavy Equipment Storage, Maintenance and Repair |
|
|
|
|
|
|
|
|
|
1 |
|
|
|
1 |
1 |
|
Kennels (*) |
2 |
|
|
|
|
|
|
|
|
|
|
|
|
2 |
2 |
|
Laundries, Laundromats and Dry Cleaning Plants |
|
|
|
|
|
2 |
2 |
1 |
1 |
1 |
1 |
2 |
|
1 |
|
|
Liquor Stores |
|
|
|
|
|
2 |
|
2 |
1 |
|
1 |
1 |
1 |
|
|
|
Locksmiths and Gunsmiths |
|
|
|
|
|
1 |
2 |
1 |
1 |
1 |
1 |
2 |
|
1 |
|
|
Lumber Yards |
|
|
|
|
|
|
|
2 |
1 |
|
1 |
|
|
1 |
1 |
|
Marijuana Retail (**) |
|
|
|
|
|
1 |
|
1 |
1 |
|
1 |
1 |
1 |
|
|
|
Massage Therapy/Spa (*) |
|
|
|
|
1 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
|
|
|
Mobile Vendor |
See YMC Ch. 5.57 |
||||||||||||||
|
Motels and Hotels |
|
|
|
|
|
|
|
2 |
1 |
1 |
1 |
1 |
1 |
|
|
|
Extended Stay Hotel/Motel* |
|
|
|
|
|
|
|
2 |
1 |
2 |
2 |
3 |
3 |
|
|
|
Night Clubs/Dance Establishments |
|
|
|
|
|
|
|
2 |
1 |
|
1 |
1 |
1 |
1 |
|
|
Nursery (*) |
2 |
|
|
|
|
1 |
|
1 |
1 |
1 |
1 |
|
1 |
1 |
|
|
Offices and Clinics |
|
|
|
3 |
1 |
1 |
|
1 |
1 |
1 |
1 |
1 |
1 |
2 |
|
|
Office Contractor Building and Trade (Plumbing, Heating, Electrical, and Painting) |
|
|
|
3 |
1 |
1 |
|
1 |
1 |
1 |
1 |
1 |
1 |
1 |
|
|
Outdoor Advertising (Billboards) |
See YMC 15.08.130 |
||||||||||||||
|
Pawn Broker |
|
|
|
|
|
2 |
|
1 |
1 |
|
1 |
2 |
1 |
|
|
|
Radio/TV Studio |
3 |
|
|
|
2 |
2 |
|
1 |
1 |
|
1 |
1 |
|
2 |
|
|
Recycling Drop-Off Center (*) |
|
|
|
|
|
1 |
|
2 |
2 |
|
1 |
1 |
1 |
1 |
|
|
Rental: Auto, Truck, Trailer, Fleet Leasing Services with Storage |
|
|
|
|
3 |
2 |
|
|
1 |
2 |
1 |
2 |
2 |
1 |
2 |
|
Rental: Heavy Equipment (except automotive) with Storage |
|
|
|
|
|
|
|
|
|
|
|
|
|
1 |
1 |
|
Rental: Heavy Equipment (except automotive) without Storage |
|
|
|
|
|
|
|
|
|
|
1 |
2 |
3 |
2 |
|
|
Repairs: Small Appliances, TVs, Business Machines, Watches, etc. |
|
|
|
|
|
1 |
2 |
1 |
1 |
1 |
1 |
2 |
1 |
1 |
|
|
Repairs: Reupholstery and Furniture |
|
|
|
|
|
1 |
|
1 |
1 |
1 |
1 |
1 |
1 |
1 |
|
|
Repairs: Small Engine and Garden Equipment |
|
|
|
|
|
2 |
2 |
2 |
1 |
1 |
1 |
2 |
|
1 |
|
|
Restaurant (*) |
|
|
|
|
2 |
1 |
|
1 |
1 |
1 |
1 |
1 |
1 |
1 |
|
|
Seamstress, Tailor |
|
|
|
|
|
1 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
|
|
|
Service Station (*) Closed Between 10:00 p.m. and 6:00 a.m. (*) |
|
|
|
|
|
2 |
|
1 |
1 |
1 |
1 |
1 |
1 |
1 |
|
|
Service Station (*) Open Between 10:00 p.m. and 6:00 a.m. (*) |
|
|
|
|
|
3 |
|
2 |
2 |
1 |
1 |
2 |
1 |
2 |
|
|
Shooting Ranges (indoor) |
|
|
|
|
|
|
|
3 |
3 |
|
3 |
3 |
|
1 |
|
|
Signs, Printed, Painted or Carved |
|
|
|
|
|
2 |
|
|
2 |
1 |
1 |
2 |
|
1 |
1 |
|
Taverns (*) and Bars |
|
|
|
|
|
1 |
2 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
|
|
Technical Equipment Sales (*) |
|
|
|
|
2 |
1 |
2 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
|
|
Truck Service Stations and Shops |
|
|
|
|
|
|
|
|
|
|
3 |
|
2 |
1 |
1 |
|
Truck (Large), Manufactured Home and Travel Trailer Sales |
|
|
|
|
|
|
|
|
|
|
1 |
|
3 |
1 |
|
|
Waste Material Processing and Junk Handling (*) |
|
|
|
|
|
|
|
|
|
|
|
|
|
3 |
1 |
|
TRANSPORTATION |
|||||||||||||||
|
Bus Terminals |
|
|
|
|
|
|
|
|
|
1 |
1 |
1 |
1 |
1 |
1 |
|
Bus Storage and Maintenance Facilities |
|
|
|
|
|
|
|
|
|
|
|
|
|
1 |
1 |
|
Transportation Brokerage (*) Offices, with Truck Parking |
|
|
|
|
|
|
|
|
2 |
|
2 |
|
|
1 |
1 |
|
Contract Truck Hauling, Rental of Trucks with Drivers |
|
|
|
|
|
|
|
|
|
|
1 |
|
|
1 |
1 |
|
Air, Rail, Truck Terminals (for short-term storage, office, etc.) |
|
|
|
|
|
|
|
|
|
1 |
|
2 |
|
1 |
1 |
|
Railroad Switch Yards, Maintenance and Repair Facilities, etc. |
|
|
|
|
|
|
|
|
|
|
|
|
|
1 |
1 |
|
Taxicab Terminals, Maintenance and Dispatching Centers, etc. |
|
|
|
|
|
|
|
|
3 |
|
3 |
|
|
1 |
|
|
Airport Landing Field |
|
|
|
|
|
|
|
|
|
1 |
|
|
|
|
|
|
Airport Operations (*) |
|
|
|
|
|
|
|
|
|
1 |
|
|
|
|
|
|
UTILITIES |
|||||||||||||||
|
Power Generating Facilities |
|
|
|
|
|
|
|
|
|
|
|
|
3 |
2 |
1 |
|
Utility Services (substations, etc.) |
3 |
3 |
3 |
3 |
3 |
3 |
|
3 |
3 |
|
3 |
|
|
1 |
1 |
|
WHOLESALE TRADE—STORAGE |
|||||||||||||||
|
Warehouses (*) |
|
|
|
|
|
|
|
|
3 |
1 |
2 |
2 |
|
1 |
1 |
|
Wholesale Trade (*) |
|
|
|
|
|
|
|
|
2 |
1 |
1 |
2 |
1 |
1 |
1 |
|
Storage Facilities, Bulk (*) |
|
|
|
|
|
|
|
|
|
1 |
2 |
|
|
1 |
1 |
|
Storage Facilities, Commercial (*) |
|
|
|
|
|
|
|
|
3 |
1 |
2 |
|
3 |
1 |
1 |
|
Residential Mini-Storage (*) |
|
|
|
3 |
|
3 |
|
|
|
1 |
2 |
|
3 |
1 |
1 |
|
* Refers to a definition in YMC Chapter 15.02. ** See YMC 15.09.220 for general development requirements for marijuana uses. = Not Permitted 1 = Class (1) Permitted Use 2 = Class (2) Requires an Administrative Review by the Administrative Official 3 = Class (3) Requires a Public Hearing by the Hearing Examiner |
|||||||||||||||
(Ord. 2022-011 § 1 (Exh. A), 2022; Ord. 2020-001 § 1 (Exh. A) (part), 2020: Ord. 2019-044 § 1 (Exh. A) (part), 2019: Ord. 2018-047 § 1 (Exh. A) (part), 2018: Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2016-018 § 1, 2016; Ord. 2016-008 §§ 3, 4, 2016; Ord. 2015-036 § 2, 2015: Ord. 2015-022 § 3 (Exhs. A, B), 2015; Ord. 2014-030 § 2, 2014; Ord. 2012-34 § 1, 2012; Ord. 2011-52 § 3, 2011: Ord. 2011-12 § 2, 2011: Ord. 2010-16 § 2, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 2005-81 § 2, 2005; Ord. 2002-53 § 3, 2002; Ord. 2001-04 § 6 (Att. B), 2001; Ord. 98-61 § 2, 1998; Ord. 98-59 § 2, 1998; Ord. 95-36 § 2, 1995; Ord. 95-13 §§ 3, 4, 1995; Ord. 93-81 § 16, 1993: Ord. 3016 § 6, 1988; Ord. 3019 § 13, 1987; Ord. 2497 § 1 (part), 1986).
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 YMC Chapter 15.22 when determining which zoning districts are appropriate for a particular unclassified use. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.04.060 Accessory uses.
A. Generally. An accessory use is a use customarily incidental and subordinate to the principal use of a structure or site. Accessory uses are permitted upon compliance with the terms and provisions of this title. They must be clearly secondary to, supportive of, and compatible with the principal use(s) and consistent with the purpose and intent of the zoning district. The land use classification and review requirements of an accessory use shall be the same as that of the principal use(s), unless otherwise specified.
B. On-site hazardous waste treatment and storage is permitted as an accessory use in the SR, B-1, B-2, HB, LCC, CBD, GC, M-1 and M-2 districts, subject to the state siting criteria in the Washington Administrative Code adopted pursuant to the requirements of Chapter 70.105 RCW.
C. Garages. Private garages are permitted as an accessory use; provided, that in residential districts they are primarily used to store motor vehicles by the occupants of the residence.
D. Pets. The keeping of pets is permitted as an accessory use; provided, that in residential districts they are subject to the following restrictions (see definitions of “kennel” and “animal husbandry”):
1. They are domesticated animals kept for pleasure or as a hobby rather than utility, including, but not limited to, fish; birds; dogs, fewer than four; cats, fewer than six; hen chickens (no roosters), fewer than five; and rabbits, fewer than five;
2. Their presence does not create undue noise or odors such as would create a nuisance or diminish the residential nature of the neighborhood;
3. Such animals are properly fed, watered and kept in a humane manner;
4. Any chicken coops, chicken tractors, or rabbit hutches shall be set back ten or more feet from any residence or property line, and five feet from other structures including decks;
5. Hen houses, coops, hutches, and chicken tractors shall be restricted to the backyard area of a residential lot;
6. For chickens and rabbits, adequate fencing shall be installed to contain the animals within the backyard;
7. The other provisions of the YMC for animals are followed.
E. Agricultural Buildings. Where permitted, an agricultural building shall not be used for human habitation, processing, treating or packaging of agricultural products, nor shall it be a place used by the public.
F. Cargo Containers.
1. Not Permitted. Cargo containers shall not be used for storage or other use within the residential zoning districts for more than two consecutive weeks at a time.
2. Permitted. Cargo containers and/or semi-truck trailers are allowed as an accessory use to a permitted business in the B-1, B-2, SCC, LCC, AS, GC, RD, M-1 and M-2 zoning districts. Accessory cargo containers and/or semi-truck trailers shall be processed under the provisions of YMC Ch. 15.17, Modifications, to existing or approved uses or development, subject to the following conditions:
a. All refrigerated cargo containers and/or semi-truck trailers that are not located within a designated loading dock or loading bay shall be located no less than fifty feet from any existing residential zoning district.
b. Placement of cargo containers and/or semi-truck trailers shall not adversely affect maximum lot coverage, landscaping requirements, or required on-site parking spaces.
G. Community Gardens. Community gardens (accessory to an approved principal use) are considered an accessory use to a principal use in all zoning districts; provided, the garden is clearly secondary to, supportive of, and compatible with the principal use with regard to size and use. The land use classification and review requirements of an accessory community garden shall follow the Type (1) review requirements of YMC 15.13, and shall otherwise comply with all other provisions of the Yakima Municipal Code, and International Fire and Building Codes. (Ord. 2022-011 § 1 (Exh. A), 2022; Ord. 2020-001 § 1 (Exh. A) (part), 2020: Ord. 2019-044 § 1 (Exh. A) (part), 2019: Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2015-036 § 3, 2015: Ord. 2014-030 § 3, 2014; Ord. 2011-52 § 4, 2011: Ord. 2010-16 § 4, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 17, 1993: Ord. 3106 § 7, 1988: Ord. 2947 § 1 (part), 1986. Formerly 15.04.050).
15.04.070 Overlays.
A. Purpose. Overlay standards and criteria are established to coordinate the 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, floodplain overlay, airport safety overlay, and master planned development overlay are established separately as provided by YMC Ch. 15.09, and are expressly exempted from the provisions of this section. All overlays are specifically governed by other sections.
B. Project Review in Overlay. In order to assure the appropriate standards are applied:
1. All Class (1) uses in the greenway overlay unless otherwise specified shall be subject to Type (2) review (YMC Chapter 15.14).
2. All Class (2) uses shall be subject to Type (2) review and Class (3) uses in the greenway overlay shall be subject to Type (3) review.
C. Specific Development Standards for Overlays. See YMC 15.09.020. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008).
15.04.080 Drive-through facilities.
A. Review Required. Any commercial use having a drive-through service window or booth shall require one higher level 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;
2. Financial institutions; and
3. Properties that do not abut residential zones.
B. Purpose. Such review is required in recognition of the potential impacts of drive-through uses on adjoining residential uses and the transportation system.
C. Elements of Review. Review is intended to modify or mitigate negative impacts upon adjoining residential uses and the transportation system. The review of a drive-through facility shall include consideration of impacts from the following: noise from the drive-through speaker and/or car radio, glare from vehicle headlights 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 YMC 15.06.030 and 15.06.080.
D. Definition. For purposes of this section, “drive-through” facilities means 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. (Ord. 2020-001 § 1 (Exh. A) (part), 2020: Ord. 2019-044 § 1 (Exh. A) (part), 2019: Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 18, 1993. Formerly 15.04.055).
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. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.04.060).
15.04.100 Caretaker dwellings.
Caretaker dwellings or shelters for the occupancy of guards, watchmen, or 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 dwelling unit(s) or shelter(s) shall be allowed on the same parcel. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 14, 1987: Ord. 2947 § 1 (part), 1986. Formerly 15.04.070).
15.04.110 Swimming pools.
Swimming pools are permitted as an accessory use to: dwellings, hotels/motels, boardinghouses, retirement homes, and other residential uses, schools, and recreational facilities when all of the provisions of YMC 15.05.020(K) are met. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.04.080).
15.04.120 Home occupations.
A. Purpose. The conduct of an accessory business within an existing dwelling may be permitted under the provisions of this section. It is the intent of this section to:
1. Ensure the compatibility of home occupations with other uses permitted in the underlying zone; and
2. Preserve the existing dwelling as the primary use of the structure or property; and
3. Maintain and preserve the character of residential neighborhoods; and
4. 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 “Table of 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 zoning district. Proposed home occupations in existing dwellings in the commercial and industrial zoning districts shall follow the land use requirements of the R-3 zoning district. All permitted home occupations are subject to the standards of this title, including the specific conditions of subsection C of this section and the applicable review procedures of YMC Chapters 15.13, 15.14 and 15.15. Specific uses not permitted as home occupations are listed in subsection H of this section.
|
|
Zoning District |
|||
|---|---|---|---|---|
|
SR |
R-1 |
R-2 |
R-3 |
|
|
Barbershop, beauty parlor |
2 |
2 |
2 |
2 |
|
Business administration* |
1 |
1 |
1 |
1 |
|
Day care, family home* |
1 |
1 |
1 |
1 |
|
Dentist |
1 |
2 |
2 |
2 |
|
Dog grooming |
2 |
3 |
3 |
3 |
|
Food preparation* |
1 |
1 |
1 |
1 |
|
Home contractor* |
1 |
1 |
1 |
1 |
|
Home instruction* 1—5 students |
1 |
1 |
1 |
1 |
|
6—8 students |
2 |
2 |
2 |
2 |
|
Home office* |
1 |
1 |
1 |
1 |
|
Locksmith and gunsmith |
1 |
1 |
1 |
1 |
|
Massage therapy/spa* |
1 |
1 |
1 |
1 |
|
Physician |
1 |
2 |
2 |
2 |
|
Product assemblage/service* |
1 |
2 |
2 |
2 |
|
Short term rental* |
1 |
1 |
1 |
1 |
|
Taxicab operator* |
1 |
1 |
1 |
1 |
|
Wedding service |
2 |
2 |
2 |
2 |
|
Unclassified home occupation |
See YMC 15.04.120(G) |
|||
|
NOTES: * Refers to definition in YMC Chapter 15.02. 1 = Type (1) Permitted Home Occupation 2 = Type (2) Review and Approval by the Administrative Official Required 3 = Type (3) Review, Public Hearing and Approval by the Hearing Examiner Required = Not Permitted |
||||
C. Necessary Conditions. Home occupations are permitted as an accessory use to the residential use of a property only when all the following conditions are met:
1. The home occupation is conducted inside a structure within property on which is established the primary residence of the practitioner(s). For the purpose of administering this section, “primary residence” shall be defined as the residence where a person or persons resides for the majority of the calendar year;
2. The home occupation is incidental and subordinate to the residential functions of the property. No action related to the home occupation shall be permitted that impairs reasonable residential use of the dwelling;
3. There are no external alterations to the building which change its character from a dwelling;
4. The portion of the structure or facilities in which a home occupation is to be sited must be so designed that it may be readily converted to serve residential uses;
5. The business is conducted in a manner that will not alter the normal residential character of the premises by the use of color, materials, lighting and signs, or the emission of noise, vibration, dust, glare, heat, smoke or odors;
6. The home occupation does not generate materially greater traffic volumes than would normally be expected in the residential neighborhood; the frequency of deliveries should be comparable to that of a single-family home without a home business;
7. There is no outside storage or display of any kind related to the home occupation;
8. The home occupation does not require the use of electrical or mechanical equipment that would change the fire rating of the structure;
9. The home occupation does not require the use of electrical equipment that exceeds FCC standards for residential use;
10. 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;
11. A business license is purchased where required;
12. The home occupation is conducted only by immediate family members residing in the dwelling;
13. 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 attach additional conditions to ensure 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. Materials and Storage. The storage of equipment, materials, or goods shall be permitted in connection with a home occupation provided such storage complies with the following standards:
1. All equipment, materials, or goods shall be stored completely within the space designated for home occupation activities and not visible from the public right-of-way.
2. Only those materials or goods that are utilized or produced in connection with the home occupation may be stored within the dwelling unit or accessory building.
3. All flammable or combustible compounds, products, or materials shall be maintained and utilized in compliance with fire code.
4. The frequency of home deliveries should be comparable to that of a single-family home without a home occupation associated with the residence.
E. Nameplates. Only one nameplate shall be allowed. It may display the name of the occupant and/or the name of the home occupation (e.g., John Jones, Accountant). The nameplate shall be attached to the dwelling, but shall not exceed two square feet in area or be illuminated.
F. Application Fee and Review Period. Application for a home occupation shall be made in accordance with the provisions of YMC Chapter 15.11, except as noted, and shall be accompanied by the appropriate filing fee. The administrative official may accept an aerial photo of the site in lieu of a site plan when the aerial photo clearly shows all structures and parking areas and no new construction or site modifications are proposed.
G. Unclassified Home Occupation—Review by the Hearing Examiner. Home occupations not listed in Table 4-2 shall be reviewed by the hearing examiner in accordance with the provisions of YMC 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.
H. 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 a 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;
6. Large appliance repair including stoves, refrigerators, washers and dryers;
7. Upholstering;
8. Machine and sheet metal shops;
9. Martial arts school;
10. Taxidermist;
11. Two-way radio and mobile telephone system sales and service;
12. Vehicle sign painting (except for the application of decals).
I. 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 officer shall state the specific reasons and cite the specific provisions and sections of this title on which the denial is based.
J. Parking. The administrative official shall determine parking requirements for home occupations, as provided by YMC 15.06.040(B). This determination may be guided by, but not restricted by, the standards of YMC Chapter 15.06. (Ord. 2023-026 § 1 (Exh. A), 2023; Ord. 2020-001 § 1 (Exh. A) (part), 2020: Ord. 2019-044 § 1 (Exh. A) (part), 2019: Ord. 2018-047 § 1 (Exh. A) (part), 2018: Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2015-036 § 4, 2015: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 19, 1993: Ord. 3245 § 6, 1990; Ord. 3019 §§ 15—17, 1987; Ord. 2947 § 1 (part), 1986. Formerly 15.04.090).
15.04.130 Temporary use permits.
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 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 one additional year.
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. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.04.100).
15.04.140 Temporary hardship unit permits.
A. 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 and 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; and
6. No rent, fee, payment or charge in lieu thereof may be made between the recipient and providers of special care for use of the temporary hardship unit.
B. Only one temporary hardship unit shall be permitted on a parcel.
C. Temporary hardship unit permits shall be subject to annual renewal, at which time the building official/planning division 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. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 18, 1987: Ord. 2947 § 1 (part), 1986. Formerly 15.04.110).
15.04.150 Standards for mobile/manufactured home and tiny house communities.
A. Purpose. The purpose of this section is to establish standards and criteria for development and expansion of mobile/manufactured home and tiny house communities within the urban area. These standards are provided to ensure uniform, coordinated development of mobile/manufactured home and tiny house communities and to ensure the general health, welfare and safety of the occupants of mobile/manufactured and tiny homes that may be located within a community 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 encouraged.
B. Site Plan Requirements. All proposals for mobile/manufactured home and tiny house communities shall include a site plan based upon a land survey drawn by a licensed 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;
5. Streets;
6. Signage for the park and directional signage;
7. The location of all solid waste containers and screening of containers; and
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 and tiny house communities shall be developed in compliance with the underlying zoning district and shall be in compliance with this section. The density of a community or expansion shall not exceed the density of the underlying zoning of the district. All required site improvements shall be installed prior to placement of units. 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, tiny house/tiny house on wheels, or recreational vehicle, exclusive of streets, shall be the minimum size necessary to ensure compliance with applicable unit separation, off-street parking requirements, and play area standards.
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 YMC 15.06.110.
3. Off-street parking shall be provided for each unit in accordance with this title, YMC Chapter 15.06.
4. Street Lighting. A street light shall be provided at each street intersection within the community.
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, curbs, gutters, 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 the appropriate jurisdiction’s public street signs. Internal directional signs indicating unit/space numbers shall be placed at all street intersections within the park.
7. Utilities. All utilities shall be installed prior to placement of units in the park, including irrigation, domestic water, and sewer. All utilities shall be installed underground, including electrical distribution, telephone, and cable TV. 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. Sitescreening shall be provided in accordance with YMC Chapter 15.07.
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 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. Open Space Requirement. Each unit shall provide an area of open space contained within the unit’s space, consisting of a minimum size of four hundred square feet and a minimum width of ten feet.
a. The unit square footage requirement may be reduced by fifty percent if the development includes a common play area.
b. Gravel, pavers, asphalt or other nonvegetative surface shall not be included in the open space requirement.
D. Expansion of Existing Mobile/Manufactured Home and Tiny House Communities. All standards of this section shall apply to expansion of existing mobile home communities. The standards shall not apply to existing areas of a community 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 community if expansion plans also include improvements to the existing community 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 community owner or 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. Planned Development Under the Provisions of This Title. Development of a mobile/manufactured home or tiny house community may be accomplished under the planned development provisions of this title. (Ord. 2022-011 § 1 (Exh. A), 2022; Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 98-62 § 1, 1998. Formerly 15.04.115).
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 Mobile/Manufactured Homes. Table 4-3 titled “Review Requirements for Mobile/Manufactured Homes Previously Titled” is incorporated as a part of this section. The table indicates in which residential districts mobile/manufactured homes may be permitted as a Class (1), (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 YMC 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-foot rise for each twelve feet of horizontal run.
2. Roofing Materials. Roofing materials shall be compatible in appearance with surrounding site-built homes.
3. Siding Materials. Siding materials shall be wood, masonite, or other material compatible with surrounding site-built homes.
4. Pit Set. Manufactured homes shall be “pit set” with first floor elevation no more than twelve inches above finished grade. The pit shall be of sufficient depth to accommodate eighteen inches’ clearance below the frame of the unit with crawlspace 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.
1. Type (1) review shall be used to replace a nonconforming mobile home with another mobile home that is newer and the same size.
2. Type (1) review shall also be used to replace a nonconforming mobile home with a manufactured home.
3. Type (3) review shall be used to replace a nonconforming mobile home with another mobile home that is a larger size. A nonconforming mobile home cannot be replaced with an older mobile home.
a. The replacement mobile home shall meet all Washington State Department of Labor and Industries (L&I) improvement criteria before the mobile home can be moved to the replacement location site, which is limited to an existing manufactured home park.
b. Verification provided to the appropriate jurisdiction of said improvements and inspections by L&I shall be provided before said replacement.
E. Replacement 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 YMC Chapter 15.17 shall be used to replace a manufactured home with another manufactured home that is smaller.
F. Siting. Manufactured homes constructed after June 15, 1976, which comply with the following requirements, may be sited in the same manner, and subject to the same conditions, as a site-built home, notwithstanding any other YMC Title 15 requirements:
1. Is a new manufactured home which has not been previously titled to a retail purchaser and is not a “used mobile home” as defined in RCW 82.45.032(2);
2. Is set upon a permanent foundation, as specified by the city of Yakima, and the space from the bottom of the home to the ground is enclosed by concrete or an approved concrete product, which can either be load bearing or decorative;
3. Is in compliance with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located;
4. Is thermally equivalent to the state energy code; and
5. Meets all other requirements for a designated manufactured home as defined in RCW 35.63.160.
|
|
Approved or Existing Mobile Home Parks |
Approved or Existing Manufactured Home Subdivisions |
On Individual Lots |
|||
|---|---|---|---|---|---|---|
|
SR |
R-1 |
R-2 |
R-3 |
|||
|
Mobile Homes |
1 |
|
|
|
|
|
|
Single-Wide (not meeting YMC 15.04.160(C)) |
1 |
2 |
2 |
|
3 |
3 |
|
Single-Wide (meeting YMC 15.04.160(C)) |
1 |
1 |
1 |
3 |
2 |
2 |
|
Multi-Wide (not meeting YMC 15.04.160(C)) |
1 |
1 |
2 |
|
3 |
3 |
|
Multi-Wide (meeting YMC 15.04.160(C)) |
1 |
1 |
1 |
2 |
2 |
2 |
|
* Refers to a definition in YMC Chapter 15.02 1 = Type (1) Permitted Use 2 = Type (2) Requires an Administrative Review and Approval by the Administrative Official (YMC Chapter 15.14) 3 = Type (3) Requires a Public Hearing and Approval by the Hearing Examiner (YMC Chapter 15.15) = Not Permitted |
||||||
(Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2010-16 § 5, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 2005-29 § 1, 2005; Ord. 95-13 § 5, 1995; Ord. 93-81 §§ 20, 21, 1993: Ord. 3106 §§ 8—10, 1988; Ord. 3019 §§ 19, 20, 1987; Ord. 2947 § 1 (part), 1986. Formerly 15.04.120).
15.04.170 Placement of manufactured modular nonresidential structures.
A. Purpose. To assure public safety and compatibility with the general character and integrity of the district.
B. Standards. Modular, nonresidential structures are permitted in all 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. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 22, 1993. Formerly 15.04.125).
15.04.190 Social card rooms.
In zones where allowed, no social card room shall be permitted within five hundred feet of any public school, private school (meeting the requirements for private schools under RCW Title 28A), church, or park, as measured according to RCW 66.24.010(9) or as the same may be hereafter amended. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008).
15.04.200 State Fair Park—Exposition and 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 Fairgrounds, hereafter known as the State Fair Park—Exposition and Special Events Center. This section 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, which include: production and operational requirements of the annual Central Washington State Fair and nonfair events and use activities; a broad array of land uses and the overall mix of types of uses found to be consistent with the state statutory authorizations for agricultural fairs (RCW Chapter 15.76) and county fairs (RCW Chapter 36.37); in addition to those uses allowed in the general commercial (GC) zoning district.
B. Special Definitions. The area of land currently occupied by the Central 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.
1. Community uses, events, or activities serve local or area community, social, cultural and service organizations, and local, state and federal agencies. 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;
Church groups;
Clinics;
Conferences;
Dance classes;
Day camps;
Emergency services;
Family reunions;
Fashion apparel;
Home improvement classes;
Meetings/retreats;
Parties/socials;
Picnics;
Political fundraisers;
Professional/vocational education;
Recreation/leisure classes;
Self-improvement;
Service club fundraisers;
Training classes;
Weddings/receptions; and
Youth equestrian activities.
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.
Appliance shows;
Auctions;
Auto shows;
Boat shows;
Breed shows;
Computer shows;
Flea markets;
Fireworks displays;
Floriculture/horticulture shows;
Gun shows;
Home and garden shows;
Livestock: animal exhibitions, shows, training, sales, boarding;
Model shows;
Recreational equipment shows;
Religious festivals;
Sports exhibitions; and
Technology exhibitions.
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, 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 list of trade show and exposition uses and activities:
Agricultural industries;
Amusement and entertainment;
Apparel;
Appliances;
Consumer shows;
Electronics/communications;
Environmental science;
Farm equipment;
Food and hospitality;
Forestry;
Interior design;
Medicine;
Outdoor sports;
Professional services;
Public transportation;
Sports products;
Tourism/leisure industries; and
Trade shows.
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, 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 draw from local and regional market populations. The following is a representative list of special event uses:
Amusement rides and games;
Carnivals;
Circuses;
Concerts;
Fairs;
Festivals;
Games;
Motorized sports;
Pageants;
Rodeos;
Seasonal celebrations;
Socials/galas;
Sporting events/facilities; and
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 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 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 subsection B of this section, 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(D)(3) shall be considered Class (1) uses.
3. Uses in Table 4-1 of the GC district, not otherwise listed in subsection B of this section, Special Definitions, shall be allowed according to the type of review indicated.
4. YMC 15.22.050(D)(1), Use interpretations, decisions by the hearing examiner.
D. Annexation—State Fair Park. The annexation of the State Fair Park into the city of Yakima shall not alter any lease agreement by and between Yakima County as lessor and the Central Washington State Fair 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 36.37 RCW or other state law. Any future proposed amendments to the Yakima urban area zoning ordinance that would or may affect the operations of the State Fair Park shall be processed in accordance with the ordinary course of administering proposed ordinance amendments. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2005-81 § 3, 2005. Formerly 15.04.135).