Chapter 19.11
RESOURCE AND RURAL DISTRICTS

Sections:

19.11.010    Forest Watershed and Agriculture Districts (FW, AG).

19.11.020    Mining District (MIN).

19.11.030    Rural Districts (R/ELDP-40, Rural-10/5, RT).

19.11.040    Rural Settlement and Highway/Tourist Commercial Districts (RS, HTC).

19.11.050    Master Planned Resort District (MPR).

19.11.010 Forest Watershed and Agriculture Districts (FW, AG).

(1)    Legislative Intent.

(a)    Forest Watershed District. The Forest Watershed (FW) district is intended to accommodate principal uses and activities oriented toward protecting the watershed area and to accommodate limited rural residential housing, recreational development, and rural and tourist commercial activities, minimizing costs associated with providing them public services. The FW district’s specific intents conserve forest resource lands of long-term commercial significance through implementation of the Comprehensive Plan, reduce the possibility of soil erosion, reduce hazards from floods and fire, and protect the scenic values of State Route (SR) 410, a National Scenic Highway, and SR 12 through Type 2 or 3 review of commercial project permits.

(b)    Agriculture District. The purpose of the Agriculture (AG) district is to preserve and maintain areas for the continued practice of agriculture by limiting the creation of small lots, permitting only those new uses that are compatible with agricultural activities, protection of agricultural lands of long-term commercial significance, and providing measures to notify and separate especially sensitive land uses from customary and innovative agricultural land management practices. The AG district implements the Comprehensive Plan that calls for the preservation of agricultural lands.

(2)    Development Standards. New lots, structures and additions to structures subject to this Section shall comply with the standards for lots, building height and setbacks in Tables 19.11.010-1 and 19.11.010-2 below, subject to Chapter 19.10 and Section 19.35.020.

(3)    Small Lots and Special Exception Lots.

(a)    New Small Lots Around Existing Residences. Lots in the AG zoning district that are greater than three acres may be subdivided to create one small lot around an existing residence; provided it has been at least 15 years since the lot was last divided, and it has contained a lawfully existing residence for at least the last five years, subject to the following:

(i)    The five year date for the establishment of a lawfully existing residence starts from the issuance date of a Certificate of Occupancy by the Building Official or the date of the sign-off on the approved final inspection for the installation permit, if the residence is a manufactured home. If the permit holder failed to obtain a Certificate of Occupancy or approved final inspection of a residence, the applicant may provide other evidence to establish the date of the residence. However, no applications for land division will be accepted until such time that a Certificate of Occupancy has been issued or approved final inspection has been completed and all required changes have been made, if required by the Building Official. Such proof is not required for residences prior to the adoption of the state building code by Yakima County in 1974.

(ii)    The small lot shall be one to three acres in size, except the Reviewing Official may authorize a larger lot size under Subsection 19.11.010(3)(d).

(iii)    The lot comprising the balance of the division shall be capable of meeting all setbacks, including agricultural buffering of Section 19.18.205, unless adjusted under Section 19.35.020, and other applicable requirements to ensure its continued agricultural use.

(iv)    Any small lot allowed to be three acres or greater in size shall still be considered a small lot and is not capable of being further subdivided under this Section. A covenant or plat note indicating this restriction shall be recorded whenever a larger lot size is granted.

(b)    Multiple Dwellings. A lot that has contained more than one lawfully established, habitable dwelling, as defined in YCC Title 13, since before October 1, 1974 may be divided to separate each such dwelling onto an individual lot, subject to the criteria of Subsection 19.11.010(3) and all other applicable requirements.

(c)    Special Exception Lots. In addition to the small lot provisions of Subsections (a) and (b), Comprehensive Plan Policy provides that one or more special exception lot may be granted under short plat review in those limited situations when the total project site is greater than three acres, contains land unusable for agricultural purposes and establishment of a residence on that land will not adversely impact agricultural activities on the balance of the property or on adjoining and nearby AG-zoned lands, according to the following review criteria.

(i)    The special exception lot shall be one to three acres in size, except the Reviewing Official may authorize a larger lot size under Subsection 19.11.010(3)(d);

(ii)    The applicant shall submit documentation from a qualified third party (e.g. Natural Resource Conservation Service, WSU Cooperative Extension Service, agricultural consultants, Department of Agriculture) that the proposed lot is located on land unsuitable for agricultural uses and activities;

(iii)    Land considered unsuitable for agricultural uses include:

(A)    Soils identified by the Soil Survey of Natural Resource Conservation Service as unsuitable for agricultural production;

(B)    Oversteepened slopes as defined in YCC Subsection 16C.08.02(3)(b);

(C)    Rock outcrops;

(D)    Ravines;

(E)    Wetlands/Critical Areas; and

(F)    Locations that lack irrigation water, as demonstrated by the unavailability of irrigation shares or rights, and the documented inability to acquire or to use them.

(iv)    The proposal will not adversely impact, or interfere with accepted farm practices on adjacent or nearby agricultural operations, given the type of agriculture in the area and its relative susceptibility to nuisance complaints due to accepted farm operations and management practices;

(v)    Use of mitigation measures to effectively reduce the potential for land use conflicts and separate the site from active agricultural operations, such as: landscape buffers; special setbacks; screening; site design using physical features, such as rock outcrops, ravines, roads, irrigation canals or critical areas; or proximity to established dwellings, small lots or other nonagricultural buildings;

(vi)    No lot granted a special exception shall be further divided for ten years; and

(vii)    The special exception lot shall meet agricultural buffering of Section 19.18.205, unless adjusted under Section 19.35.020.

(d)    Larger Lot Size Authorized. The Reviewing Official may authorize a larger lot size, subject to Type 1 review and recording of a covenant precluding further division of the subject lot while designated for agricultural use by the adopted Yakima County Comprehensive Plan maintaining the minimum adjustment necessary to accommodate the proposed use, when the applicant submits evidence or information that documents one or more of the following:

(i)    The Yakima Health District determines a larger area is necessary to include approved water supply and sewage disposal systems within the lot; or

(ii)    The logical division to create the lot follows a physical feature which acts as a bonafide, practical obstacle to normal and necessary farming practices (e.g., rock outcrops; Type 1 and 2 streams, slopes exceeding 15%; or a different intervening in-fee ownership physically separates that parcel by a State highway or primary irrigation district canal or major sublateral); or

(iii)    A larger lot size is necessary to encompass existing related uses or structures in immediate proximity; or

(iv)    Accommodation of the special agricultural setback required under Section 19.18.205 necessitates a larger lot size to achieve a building area not to exceed 10,000 square feet.

Table 19.11.010-1. Lot Requirements 

 

Special Standard Section

Zoning District

Minimum Lot Area (acres)

Maximum Lot Area (acres)

General lot requirements for newly created lots

FW

80

Not specified

AG

40(1)

Not specified

Exceptions to general lot requirements

Residential lots in cluster developments

19.34.035

FW

1.0

3.0 or as modified by 19.34.035

AG

Remainder lots in cluster developments

19.34.035

FW

Determined by area of cluster lot(s)

None

AG

Small lot segregation for an existing residence

19.11.010(3)

AG

1.0

3.0 or as modified by 19.11.010(3)

Special exception lot where residential development will not interfere with farming practices and is located on land unsuitable for farming

19.11.010(3)

AG

1.0

3.0 or as modified by 19.11.010(3)

Agriculturally related industry lot

19.18.050

AG

1.0

Varies

See 19.18.050

(a) Tracts limited to use for public utility services, dams for flood control and hydroelectric generating facilities

(b) Division by highway or fee-owned irrigation canals

(c) Conservation tracts

19.34.090

 

FW

 

None

Maximum necessary to encompass the use

AG

Note:

(1)    Quarter quarter section or legally described as 1/16 of a section.

Table 19.11.010-2. Setbacks, Lot Coverage and Building Height 

Subject

Zone

AG

FW

Maximum lot coverage

Not specified, however sitescreening may be required under Subsection 19.21.030(2)(f) and (g)

Maximum building height(1)

Not specified

35 feet

Minimum vision clearance triangle at intersections, railroads, curbcuts and driveways

See Subsection 19.10.040(7)

Minimum setbacks

Front and street side setbacks(2)*

Designated classified road (arterial or collector)*

25 feet from planned edge of right-of-way or easement

Roads with a right-of-way or vehicular access easement more than 60 feet in width

Turnaround or cul-de-sac bulb

Right-of-way or vehicular access easement 60 feet or less in width

Local access or private road(3)

50 feet from centerline

Private, shared driveway or alley (3)

(see Chapter 19.23)

10 feet from edge of right-of-way or easement

Interior side setback

Primary structure*

10 feet from property line

Accessory structure*

5 feet from property line

Rear setback*

Right-of-way or vehicular access easement

Same as front setback

Adjoining lot

10 feet from property line

*Dwellings and other especially sensitive land uses (ESLU) adjacent to designated resource lands and/or activities are subject to additional setbacks

See Section 19.18.205

Additional setback to accommodate required sitescreening

See Subsection 19.21.030(2)(f) and (g)

Notes:

(1)    Additional restrictions may apply within the Airport Safety Overlay (See Chapter 19.17) and Shoreline Jurisdiction (see YCC Title 16D).

(2)    When there is no right-of-way, the front setback shall be 20 feet from the front property line.

(3)    Gates restricting vehicular access, garage and carport entrances must be set back 20 feet from the edge of a right-of-way or easement other than an alley.

(Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 7-2013 § 1 (Exh. A) (part), 2015).

19.11.020 Mining District (MIN).

(1)    Legislative Intent. The Mining (MIN) zoning district is established to provide long-term sites for heavy industrial uses in conjunction with a mining site/operation. Uses within this zoning district are likely to cause smoke, noise, odors, dust, fumes, visual impacts, and heavy equipment traffic. In order that this zoning district shall promote the general purpose of this Title, the specific intent of the MIN zoning district is to:

(a)    Provide for development and utilization of deposits of sand, gravel, aggregate, rock, clay, soil, and other earth resource materials.

(b)    Provide for the protection and utilization of these resources in a manner that does not conflict with other land uses and safeguards the environment.

(c)    Assure economy in handling and transportation costs by locating removal, processing, and storage activities in as close proximity to the point of end use as feasible.

(d)    Provide operation standards that will enable the industry to operate with public confidence that environmental protection measures are being met.

(e)    Ensure that mining site/operations are conducted consistent with the public health, safety, and welfare.

(f)    Establish a level of certainty for the mining industry by maintaining at least a ten year inventory of zoned areas where a full array of mineral extractions, processing and manufacturing activities is allowed.

(2)    Development Standards.

(a)    All operations on lands that are zoned MIN must conform to the standards of Section 19.18.310.

(b)    New lots subject to this Section shall be of sufficient width and area to demonstrate the following:

(i)    The uses shown on the site plan and allowed by this Chapter may be accommodated on the lot, or contiguous lots zoned Mining;

(ii)    The operational standards of Section 19.18.310 will be met; and

(iii)    The requirements of federal, state or local agencies will be met, when applicable.

(c)    New structures and additions to structures subject to this Section shall comply with the standards for lots, building height, and setbacks in Table 19.11.020-1, subject to Chapter 19.10 and Sections 19.18.310 and 19.35.020.

Table 19.11.020-1. Setbacks, Lot Coverage and Building Height 

Subject

Zone

MIN

Maximum lot coverage

Not specified, however sitescreening may be required under Subsections 19.21.030(2)(f) and (g)

Maximum building height(1)

Not Specified

Minimum vision clearance triangle at intersections, railroads, curbcuts and driveways

See Subsection 19.10.040(7)

Minimum setbacks

Front and street side setbacks(2)

Designated classified road (arterial or collector)*

25 feet from planned edge of right-of-way or easement

Right-of-way or vehicular access easement more than 60 feet in width, or the road is a cul-de-sac or turnaround

Turnaround or cul-de-sac

Right-of-way or vehicular access easement 60 feet or less in width

Local access or private road(3)

50 feet from planned centerline

Private, shared driveway or alley(3) (see Chapter 19.23)

10 feet from edge of right-of-way or easement

Interior side setback

Primary structure

10 feet from property line

Accessory structure

5 feet from property line

Rear setback

Right-of-way or vehicular access easement

Same as front setback

Adjoining lot

10 feet from property line

Additional setbacks for mining site/operations from a public or private road, if the removal of aggregate/materials would result in the area being lower than the adjacent road

See Section 19.18.310

60 feet

Additional setback for mineral processing and batching, and manufacturing and fabricating plants from an existing residence not on the subject property or in same ownership

500 feet

Additional setback for mineral extraction from an existing residence not on the subject property or in same ownership

200 feet

Additional setback for mineral extraction from any exterior property line in a different zoning district

25 feet

Notes:

(1)    Additional restrictions may apply within the Airport Safety Overlay (See Chapter 19.17) and Shoreline Jurisdiction (see YCC Title 16D).

(2)    When there is no right-of-way, the front setback shall be 20 feet from the front property line.

(3)    Gates restricting vehicular access and garage and carport entrances must be set back 20 feet from the edge of a right-of-way or easement other than an alley.

(Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 7-2013 § 1 (Exh. A) (part), 2015).

19.11.030 Rural Districts (R/ELDP-40, Rural-10/5, RT).

(1)    Legislative Intent. The rural districts are intended to serve as a buffer between urban lands and resource lands, provide non-resource areas for future urban expansion, limit the costs of providing services to remote or underdeveloped areas, and retain the rural/agrarian character of the County while offering a variety of lifestyle choices for the residents of Yakima County.

(a)    The Remote/Extremely Limited Development Potential (R/ELDP-40) zoning district is intended to recognize areas and allow development consistent with service availability and environmental constraints in remote areas and other places with extremely limited development potential.

(b)    The Rural-10/5 (R-10/5) zoning district is intended to maintain rural character and provide density incentives to encourage development where fire protection services and access to roads with a paved or other hard surface are available.

(c)    The Rural Transitional (RT) zoning district is intended to provide for rural development in areas near Urban Growth Area boundaries to encourage clustering, minimize public expenditures, and coordinate land uses with public infrastructure investment.

(2)    Development Standards. New lots, structures and additions to structures subject to this Section shall comply with the standards for lots, building height, and setbacks in Tables 19.11.030-1 and 19.11.030-2 below, subject to the provisions of Chapter 19.10 and Section 19.35.020.

(3)    Special Development Standards in the Rural Districts (R/ELDP-40, R-10/5, RT).

(a)    Lot size and density in Rural-10/5 district may vary depending on water availability, soil suitability for septic systems, access conditions and proximity to fire stations in each area as follows:

(i)    Where property is outside of a fire district, more than five road miles from a year-round responding fire station or not served by a county-maintained hard-surfaced road, maximum density for new development in the Rural-10/5 zoning district shall be four units per quarter/quarter section (e.g. 10-acre average), with no lot being less than five acres. Lots not meeting the criteria in Table 19.11.030-1 shall not be further divided below the ten-acre average as calculated from the parent lot existing on May 21, 1997; and

(ii)    Where the lots of the development will have access (either directly or via a road meeting the requirements of Chapter 19.23) to a publicly maintained hard-surfaced roadway, (or other hard-surfaced roadway determined to be acceptable by the Reviewing Official), a maximum density of one unit per five acres is permitted, provided the new development is within a fire district and not more than five road miles from a year-round responding fire station. A lot size of less than 3.0 acres is considered clustering and subject to Section 19.34.035.

(b)    The acreage of a lot in the RT or R-10/5 that is less than the minimum lot area listed in Table 19.11.030-1 New Lot Requirements and has existed since May 21, 1997 may be multiplied by a factor of 1.15 to determine whether it qualifies for a division or cluster development consistent with the minimum lot sizes of these districts. This Subsection should allow a division on marginally non-qualifying parcels, but shall not allow the combined area of two or more lots to be used to result in more than one additional division.

(c)    The lot size and density calculations shall be based on the size of the lot as it existed on May 21, 1997 (i.e., the effective date of the current adopted Comprehensive Plan). All lots of any subsequent division of land shall be included in the calculation.

Table 19.11.030-1. New Lot Requirements 

Zoning District

Minimum Lot Area (1) (acres)

Minimum Lot Width

R/ELDP-40

40 or legally described as 1/16 of a section

25% of lot depth

R-10/5

• County maintained hard surfaced roadways are used for access

• New development is within a fire district

• New development is within 5 road miles from a year-round responding fire station

Project site lacks one or more of these elements

See 19.11.030(3)(a)(i)

10.0 (2)

Project site meets all three of these elements

See 19.11.030(3)(a)(ii)

5.0 (3)

RT

5.0 (4)

Notes:

(1)    The following uses may be permitted on newly approved lots of less than the minimum parcel size:

(a)    Utilities, structures and uses including, but not limited to utility substations, pump stations, wells, watershed intake facilities, gas and water transmission lines and telecommunication facilities.

(b)    Dams for flood control and hydroelectric generating facilities.

(c)    Conservation tracts under Chapter 19.34.

(2)    A minimum lot area of five acres is allowed for one or more lots on a site, provided the overall maximum density of the site is one dwelling per ten acres, consistent with the minimum lot size requirements of this Section.

(3)    A minimum lot area of one acre, with a maximum lot area of three acres, shall apply to newly created lots for clustering dwellings on sites ten acres or larger under Section 19.34.035.

(4)    A minimum lot area of one-third of an acre shall apply to newly created lots for Rural Transitional cluster developments on sites four acres or larger under Section 19.34.035. In either case the maximum allowed density on the total site shall be one dwelling per two acres.

Table 19.11.030-2. Setbacks, Lot Coverage and Building Height 

Subject

Zone

R/ELDP-40

R-10/5

RT

Maximum lot coverage

Not specified, however sitescreening may be required under Subsection 19.21.030(2)(f) and (g)

45%

Maximum building height(1)

Not specified

35 feet

35 feet

Minimum vision clearance triangle at intersections, railroads, curbcuts and driveways

See Subsection 19.10.040(7)

Minimum setbacks

Front and street side setbacks*(2)

Designated classified road (arterial or collector)

25 feet from planned edge of right-of-way or easement

Roads with a right-of-way or vehicular access easement more than 60 feet in width

Turnaround or cul-de-sac

Right-of-way or vehicular access easement 60 feet or less in width

Local access or private road(3)

50 feet from planned centerline

Private, shared driveway or alley(3) (see Chapter 19.23)

10 feet from edge of right-of-way or easement

Interior side setback*

Primary structure*

10 feet from property line

Accessory structure*

5 feet from property line

Rear setback*

Right-of-way or vehicular access easement

Same as front setback

Adjoining lot

10 feet from property line

* Dwellings and other especially sensitive land uses (ESLU) adjacent to designated resource lands and/or activities are subject to additional setbacks

See Section 19.18.205

Additional setback to accommodate required sitescreening or landscaping

See Section 19.21.030

Note:

(1)    Additional restrictions may apply within the Airport Safety Overlay (See Chapter 19.17) and Shoreline Jurisdiction (see YCC Title 16D).

(2)    Where there is no right-of-way, the front setback shall be 20 feet from the front property line.

(3)    Gates restricting vehicular access and garage and carport entrances must be set back 20 feet from the edge of a right-of-way or easement other than an alley.

(Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 8-2015 § 2 (Exh. 4) (part), 2015; Ord. 7-2013 § 1 (Exh. A) (part), 2015).

19.11.040 Rural Settlement and Highway/Tourist Commercial Districts (RS, HTC).

(1)    Legislative Intent.

(a)    Rural Settlement (RS) District. The RS district designates limited areas of more intensive rural development (LAMIRDs) intended to recognize and maintain the role of unincorporated communities throughout rural Yakima County. This zoning district shall apply in small, compact, isolated, rural community centers that primarily exist to provide convenience goods and services reflecting farm and rural consumer needs in the surrounding rural area. The Rural Settlement zoning district is a “general use” zone and is utilized in those rural centers where a mixture of land uses (i.e. commercial, industrial and low to moderate density residential) is the established development pattern. Rural settlements also provide informal community centers for area residents. Continued infill development within rural settlements is allowed by the Comprehensive Plan, if appropriate services and facilities are available. The following types of LAMIRDs under RCW 36.70A.070(5)(d) may be designated:

(i)    Residential development at low to moderate densities depending on utilities, soil characteristics, road conditions and other essential public services;

(ii)    Small-scale recreational or tourist uses, including commercial facilities to serve those recreational or tourist uses that rely on a rural location and setting; or

(iii)    Isolated cottage industries and isolated small businesses that need not be principally designed to serve the existing and projected rural population and nonresidential uses, but provide job opportunities for rural residents.

(b)    Highway/Tourist Commercial (HTC) District. The HTC district is areas for commercial establishments that offer accommodations, supplies, services or recreational opportunities to the traveling public. The HTC zoning district is also intended to provide appropriate space and, in particular, sufficient depth from the street to satisfy the needs of modern commercial development where access depends on motor vehicles; and, to encourage developing the zoning district with such uses and in such a manner as to minimize traffic hazards and interference from highway oriented businesses. This zoning district is further intended to permit only those uses that promote and enhance the recreation and tourism industry and to prevent the intrusion of incompatible, non-tourist uses that would be overly disruptive or would directly compete with shopping areas of nearby communities. The zoning district shall only be located at freeway interchanges, along or at the intersections of state highways or recognized tourist routes and the approaches thereto. The HTC zoning district may be located inside or outside of Urban Growth Areas.

(2)    Review Criteria for Uses in the RS Zone. The following criteria for approval shall apply to uses proposed within the RS zone, in addition to criteria for approval required elsewhere in this Title.

(a)    Resource-related industrial uses allowed shall be of a type and scale compatible with the overall character of the community, and shall not result in excessive noise, smoke, odor or other nuisances.

(b)    Commercial uses allowed shall be of a type and scale to be primarily patronized by local rural residents.

(3)    Development Standards. New lots and structures and additions to structures subject to this Section shall comply with the standards for lots and building height, and setbacks in Tables 19.11.040-1 and 19.11.040-2 below, subject to Chapter 19.10 and Section 19.35.020.

Table 19.11.040-1. Lot Requirements 

Water and Sewer Combinations

Zoning District

Minimum Lot Area(1) (square feet)

Maximum Density(2)

Minimum Lot Width

Individual water supply and individual sewer system

RS

43,560

One unit per acre

25% of lot depth

HTC

Public water supply and individual sewage system

RS

21,780

Two units per acre

HTC

Public water supply and community sewage system

RS

7,000

Three units per acre

HTC

14,520

Determined by minimum lot area

Public water supply and municipal (or sewer district) public sewer system

RS

7,000(3)

Four units per acre

HTC

7,000

Determined by minimum lot area

Notes:

(1)    The following uses may be permitted on newly approved lots of less than the minimum parcel size:

(a)    Utilities, structures and uses including, but not limited to utility substations, pump stations, wells, watershed intake facilities, gas and water transmission lines and telecommunication facilities.

(b)    Dams for flood control and hydroelectric generating facilities.

(2)    Calculated based upon the gross area of the site.

(3)    A minimum lot area of 6,000 square feet applies when 15% of the site is dedicated to common open space under Section 19.18.150 Community Open Space Requirements.

Table 19.11.040-2. Setbacks, Lot Coverage and Building Height 

Subject

Zone

RS

HTC

Maximum lot coverage

Lot coverage bonus: In the RS district, additional 15% lot coverage is allowed, provided that at least 20% of the total lot area is dedicated exclusively to landscaping, greenery and open space

65%

80%

Maximum building height(1)

45 feet

45 feet

Minimum vision clearance triangle at intersections, railroads, curbcuts and driveways

See Subsection 19.10.040(7)

Minimum setbacks

Front and street side setbacks(2)*

Designated classified road (arterial or collector)*

25 feet from planned edge of right-of-way or easement

Roads with a right-of-way or vehicular access easement more than 60 feet in width

Turnaround or cul-de-sac

Right-of-way or vehicular access easement 60 feet or less in width

Local access or private road(3)

50 feet from planned centerline

Private, shared driveway or alley(3) (see Chapter 19.23)

10 feet from edge of right-of-way or easement

Interior side setback*

Primary structure*

10 feet from property line

Accessory structure*

5 feet from property line

Rear setback*

Right-of-way or vehicular access easement

Same as front setback

Adjoining lot

10 feet from property line

*Dwellings and other especially sensitive land uses (ESLU) adjacent to designated resource lands and/or activities are subject to additional setbacks

See Section 19.18.205

Additional setback to accommodate required sitescreening

See Section 19.21.030

Note:

(1)    Additional restrictions may apply within the Airport Safety Overlay (See Chapter 19.17) and Shoreline Jurisdiction (see YCC Title 16D).

(2)    When there is no right-of-way, the front setback shall be 20 feet from the front property line.

(3)    Gates restricting vehicular access and garage and carport entrances must be set back 20 feet from the edge of a right-of-way or easement other than an alley.

(Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 7-2013 § 1 (Exh. A) (part), 2015).

19.11.050 Master Planned Resort District (MPR).

(1)    Legislative Intent. The master planned resort (MPR) zoning district is intended to allow development of self-contained and fully integrated planned development, in setting of significant natural amenities, with primary focus on destination resort facilities consisting of short-term visitor accommodations associated with a range of developed on-site indoor or outdoor recreational facilities. Uses within this zoning district will provide for economic diversification and increase the tourism potential of Yakima County consistent with an overall resort development plan theme or concept. Master planned resorts will be compatible with rural and resource lifestyles, have limited public facilities and services to serve the resort, and incorporate common and public open space.

The intent of this district is to:

(a)    Recognize the unique amenities, including, climate, scenic quality and natural features that are desirable for a wide range of recreational uses;

(b)    Implement the Comprehensive Plan by providing economic diversification and increasing the tourism potential of Yakima County;

(c)    Allow flexibility in the range of uses and densities to encourage economic diversity and tourism consistent with the theme or concept for the approved resort development plan;

(d)    Provide opportunities to preserve scenic quality and natural features including use of clustering, conservation easements, siting criteria, setbacks, buffers and other measures to assure compatibility between master planned resorts and neighboring uses;

(e)    Incorporate an open space or greenbelt system reflecting the open character of the surrounding area and providing recreational opportunities, habitat protection and critical area protection; and

(f)    Recognize the limited current and future availability of public facilities and services, such as roads, public water and/or sewer service, fire protection, law enforcement, in the establishment of an appropriate range of uses, densities and intensities.

(2)    Uses and Development Standards. The uses and development standards for Master Planned Resorts are indicated in the resort development plan authorization process and require additional review at the time of application as specified in Chapter 19.36.

(3)    Master Planned Resort Minor Rezone and Resort Development Plan Authorization Process.

(a)    The Master Planned Resort (MPR) zoning district is applied outside of Urban Growth Areas through a minor rezone process, as provided in Section 19.36.030.

(b)    The submittal for the MPR shall include a proposed Resort Development Plan (RDP). Approval of the minor rezone and the RDP will result in changing the existing zoning of the property to MPR for the purposes outlined in the RDP.

(c)    Approval of the minor rezone shall be subject to conditions and mitigation measures to direct revisions to the proposed Resort Development Plan. If revisions to the Resort Development Plan are required, they must be made prior to final action on the rezone. Criteria for approval of the Minor Rezone and RDP are set forth in Section 19.36.050.

(d)    Application submittal requirements are set forth in Subsection 19.30.060(12).

(4)    Master Planned Resort Approval Criteria. A Master Planned Resort, described in Section 19.11.050, may be authorized only if:

(a)    The proposed Master Planned Resort and Resort Development Plan concept or theme is consistent with all Comprehensive Plan policies, including those addressing Master Planned Resorts; and the minor rezone criteria set forth in Subsection 19.36.030(5)(a) through (f); and the purpose and intent under this Section; and

(b)    A determination is made that the land is better suited, and has more long-term importance, for the master planned resort than for the commercial harvesting of timber or agriculture production, if located on land that otherwise would be designated as forest land or agricultural land under RCW 36.70A.170; and

(c)    On-site and off-site infrastructure and service impacts are fully considered and can be adequately mitigated; and

(d)    On-site capital facilities, utilities and services are limited to meeting sewer, water, storm water, security, fire suppression, and emergency medical needs of the resort. Such facilities, utilities and services may be provided to a master planned resort by outside service providers, including municipalities and special purpose districts, provided that all costs associated with service extension and capacity increases directly attributable to the master planned resort are fully borne by the resort. All waters or the use of waters will be regulated and controlled under RCW 90.03 and 90.44. A Master Planned Resort and service providers may enter into agreements for shared capital facilities and utilities, provided that such facilities and utilities serve only the master planned resort or Urban Growth Areas; and,

(e)    Any phasing is done in such a manner that the initial phase(s) will stand alone as an MPR, even if subsequent phases do not occur.

(Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 7-2013 § 1 (Exh. A) (part), 2015).