Chapter 15A.01
TITLE, PURPOSE, JURISDICTION
Sections:
15A.01.010 Title and Authority.
15A.01.020 Jurisdiction.
15A.01.030 Purpose and Intent.
15A.01.040 Application.
15A.01.050 Compliance.
15A.01.060 Conflict of Provisions.
15A.01.070 Severability.
15A.01.080 Number and Gender.
15A.01.010 Title and Authority.
The ordinance codified in Chapters 15A.01 through 15A.26 of this title, shall be known as the Yakima urban area zoning ordinance. The Yakima urban area zoning ordinance is enacted under authority granted to Yakima County and the city of Yakima by Article XI, Section II, of the Washington State Constitution and RCW Chapter 36.70.
(Ord. 10-1985 § 1 (part), 1986).
15A.01.020 Jurisdiction.
(1) Generally. This title is enacted and administered separately by the city of Yakima and Yakima County for lands and uses within the Yakima urban area. The ordinance adopted and enacted by the city of Yakima applies to all land and uses located within the city limits of the city of Yakima. The ordinance adopted and enacted by the county of Yakima applies to the unincorporated portions of the Yakima urban area.
(2) Yakima Urban Area Boundary. Official Boundary and Description. For purposes of this title, the Yakima urban area is officially declared to be that area bounded and described: (a) on the official zoning maps adopted in accordance with Section 15A.03.040 of this title and (b) in the Yakima urban area legal description attached to this title as Appendix A and adopted by reference and declared to be a part of this title. In cases of conflict between the official zoning maps and the official legal description, the official legal description shall control.
(3) Existing Ordinance Superseded. The provisions of this title shall be and are declared to supersede and replace all existing and future provisions of Title 15 of this code within the unincorporated areas of the county located within the Yakima urban area as officially described and adopted in subsection (2) of this section. The provisions of Title 15 of this code shall, however, continue and remain in full force and effect in the unincorporated areas of the county located outside the officially adopted Yakima urban area. The provisions of this title shall and are declared to supersede and replace the existing provisions of Title 12 of this code.
(4) Terminology. Unless the context clearly implies some other meaning, references to county/city, county (city) or similar terms in this title refer either to the city of Yakima or Yakima County, whichever entity has jurisdiction over the particular land use proposal or other item involved or affected. In no event shall such references be construed to require, directly or indirectly, action by both entities or their respective officials or agencies. References to legislative body, administrative official, planning department, hearing examiner or other official or agency under this title shall mean those officials or agencies of the city of Yakima or of Yakima County, whichever entity has jurisdiction.
(Ord. 10-1985 § 1 (part), 1986).
15A.01.030 Purpose and Intent.
The purpose of this title is to implement the Yakima urban area comprehensive plan and promote the general health, safety and welfare of present and future inhabitants of the Yakima urban area. These goals are accomplished in many ways including:
(1) Achieving public and private land-use decisions consistent with the policies and objectives of the Yakima urban area comprehensive plan;
(2) Dividing the Yakima urban area into districts according to the use of land and structures and the intensity of such use;
(3) Encouraging the location and use of structures and land for commerce, industry and residences in districts where they are compatible with neighboring land uses;
(4) Encouraging development in areas where adequate public services including water and sewer, police and fire protection, roads and schools can be provided; and limiting development in areas where these facilities are not provided;
(5) Securing economy in local governmental expenditures;
(6) Encouraging innovative site design;
(7) Providing for adequate privacy, light, air and view;
(8) Promoting development within the Yakima urban area that is cost-effective to build and maintain;
(9) Reducing the time required for public review of proposed projects;
(10) Protecting existing land uses and property values from adverse impacts of adjoining developments;
(11) Reducing traffic danger and congestion on roads and highways;
(12) Minimizing public and private losses due to flooding.
This title is designed to be flexible and intentionally increases the potential uses or choices available to individual property owners. This flexibility is balanced by procedures and standards based on the Yakima urban area comprehensive plan designed to guard against and mitigate undue adverse impacts and to protect individual neighborhoods and the community’s general welfare. Both concepts are essential to this title and declared necessary for the promotion of the general health, safety and welfare.
Further, this title divides all the land within the unincorporated portion of the Yakima urban area and the city of Yakima into zoning districts. Each zoning district has an intent statement that clearly defines the district’s purpose, identifies the general character of the area within the district, and establishes objectives to be achieved by development in the district. Distinctions between each district are significant and based on the Yakima urban area comprehensive plan. The intent statements serve as a guide to the administration and interpretation of this title and are declared to be an official statement of legislative finding and purpose.
(Ord. 10-1985 § 1 (part), 1986).
15A.01.040 Application.
(1) Purpose. The purpose of this section is to generally state and summarize the uses and activities concerning land which are regulated by this title and to generally state and outline the manner of their regulation. This section is not intended to control over the more detailed provisions of this title.
(2) Generally. Uses of lands are regulated by this title. “Uses” means and includes, by definition of this title, alterations to land itself, occupancy of land, all accessory uses, and associated structures and site improvements, or any combination thereof. (See Section 15A.02.020 defining use, accessory use, structure and site improvement). “Use” also means development. (See Section 15A.02.020).
This title regulates such uses in two ways: (a) By specific development standards which must be met (see Chapters 15A.05, 15A.06, 15A.07, 15A.08 and 15A.09), and (b) policies and standards to be applied, to assure compliance with the purpose and intent of this title, and to allow more flexibility of development and use (see Section 15A.01.030). Different levels of review (class 1, 2 or 3 review) are established for different categories of uses. The level of review is generally determined by the classification of the principal use involved under the use chart contained in Table 4-1 (see Chapter 15A.04). Certain accessory uses are subject to detailed regulations, including home occupations, off-street parking, signs, sitescreening, temporary use permits, swimming pools, communication towers, caretaker residences and yard sales (see Chapters 15A.04, 15A.06, 15A.07 and 15A.08 of this title).
Some of the specific development standards are designed to be administratively adjusted upwards or downwards to accommodate the purpose and intent of the zoning district involved and flexibility of development. (See Section 15A. 10.020).
(3) New and Existing Uses Regulated. Both uses established before and after the adoption of the ordinance codified in this title are regulated, but are treated differently depending on their status under this title. Totally new and different uses and development are reviewed under class 1, 2 or 3 review and if approved are called approved uses. Previous uses whose principal use would be permitted in the zoning district in which it is located are called existing uses. Existing uses are allowed to continue even though they have not been through the regular review procedures of this title and may not fully comply with the development standards of this title. Such uses may be reestablished as they previously existed if damaged or destroyed (see Chapter 15A.18). Previously established uses which were legally established prior to the adoption of the ordinance codified in this title, but which have a principal use which would not be permitted in the zoning district in which it was located, are called nonconforming uses. Such uses are allowed to continue but are subject to more restrictions (see Chapter 15A.19).
(4) Changes and Alterations to Uses and Development. Changes and alterations to approved, existing or nonconforming uses or development are also regulated by this title and are called modifications. (See Section 15A.02.020(119). Certain nominal modifications to approved or existing uses are exempt. Other modifications to approved or existing uses which are minor and meet certain criteria can be administratively approved with minimal review. Procedures for such modifications are contained in Chapter 15A.17. More significant changes to approved or existing uses and development which do not meet the exemptions or administrative approval criteria of Chapter 15A.17 must be reviewed using the normal class 1, 2 or 3 review procedures of this title. Changes and alterations to nonconforming uses are regulated by Chapter 15A.19.
(5) Permits. Except as exempted, no use or development, or modification of use or development, as those terms are defined, may be established, placed, performed, constructed or implemented, in whole or in part, without a permit. The permit required by this title is called a development permit. Chapters 15A.11 and 15A.12 contain provisions governing such permits and applications for permits. The following uses and modifications are exempt from prior review and permit requirements provided that they do not involve a required site improvement contained in a previously approved final site plan or permit (some exempt uses must still comply with the standards of this title):
(a) Normal structural repair and maintenance;
(b) Changes to conforming structures which do not involve structural alteration as that term is defined by this title;
(c) Rehabilitation of dwelling units, when such rehabilitation does not expand the number of units nor physically expand the structure;
(d) Accessory structures otherwise meeting the specific development standards and other requirements of this title and which do not require a building permit under the provisions of the Uniform Building Code as adopted by the city/county;
(e) Communication towers less than thirty-five feet in height and which meet the requirements of Section 15A.04.130;
(f) Exempt signs;
(g) Yard sales meeting the requirements of Section 15A.04.060;
(h) Alterations to land including grading, leveling, paving and excavation, the fair market value of which does not exceed five hundred dollars;
(i) Sitescreening and landscaping;
(j) All grading, construction of private or public roads, landscaping, construction of sewer, wastewater facilities, water, electrical and other utilities pursuant to an approved and valid short or long subdivision regulating such improvements.
(Ord. 10-1985 § 1 (part), 1986).
15A.01.050 Compliance.
No structure, land or use shall hereafter be constructed, erected, maintained, enlarged, altered, repaired, moved, improved, removed, converted or demolished except as authorized by the terms of this title.
(Ord. 10-1985 § 1 (part), 1986).
15A.01.060 Conflict of provisions.
In the case of conflicts between parts of this title and other rules, regulations, resolutions, ordinances or statutes lawfully adopted by the county/city, the most restrictive shall govern. In the case of conflicts between the text, maps and tables of the title, the text shall govern unless otherwise stated.
(Ord. 10-1985 § 1 (part), 1986).
15A.01.070 Severability.
This title is declared to be severable. If any division, chapter, section, paragraph, clause or other portion or any part adopted by reference is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of the title. If any division, chapter, section, paragraph, clause or any portion is adjudged invalid for any reason as applied to a particular property, use or structure, the application of such portion of the zoning ordinance to other property, use or structures shall not be affected.
(Ord. 10-1985 § 1 (part), 1986).
15A.01.080 Number and Gender.
Words importing the singular number may also be applied to the plural of persons and things; words importing the plural may also be applied to the singular; words importing the masculine gender may be extended to females; and words importing the feminine gender may be extended to males.
(Ord. 10-1985 § 1 (part), 1986).