Chapter 15A.10
CONDITIONS OF APPROVAL/ADMINISTRATIVE ADJUSTMENT OF STANDARDS

Sections:

15A.10.010    Purpose.

15A.10.020    Administrative Adjustment of Some Development Standards Authorized.

15A.10.030    Special Conditions of Approval Authorized.

15A.10.040    Authority to Impose Special Conditions Limited in Class 1 Review and Administrative Modification Review.

15A.10.010 Purpose.

The purpose of this chapter is to specify and outline the authority of reviewing officials to impose special conditions of approval on any permit or approval issued under the provisions of this title and to establish the authority of certain reviewing officials to administratively adjust some of the development standards set forth in Section 15A.04.115 and Chapters 15A.05 through 15A.08 of this title.

(Ord. 1-2001 § 10, 2001: Ord. 10-1985 § 1 (part), 1986).

15A.10.020 Administrative Adjustment of Some Development Standards Authorized.

(1)    The purpose of this section is to provide flexibility by allowing certain development standards in Chapters 15A.05 through 15A.08 to be administratively adjusted. A particular standard may be reduced or modified so long as the reviewing official determines that the adjustment and/or reduction is consistent with the purpose of this title, the intent and purposes of the standard, and will accomplish one or more of the following objectives:

(a)    Allow buildings to be sited in the manner which maximizes solar access;

(b)    Allow zero lot line or common wall construction in conformance with the provisions of this title;

(c)    Coordinate development with adjacent land uses and the physical features of the site;

(d)    Permit flexibility in the design and placement of structures and other site improvements;

(e)    Allow development consistent with a specific sub- area plan adopted by either the city or county.

(2)    Administrative adjustments of development standards shall be processed under the provisions for modifications as contained in Section 15A.17.050 of this code for Class 1 and Class 2 uses, except for development within or adjacent to residential zoning districts; and under Class 3 review for Class 3 uses. Class 3 review is required to balance this flexibility and the general welfare of individual neighborhoods and the community.

(3)    The reviewing official shall not have the authority to reduce the site design requirements for minimum lot size and building height nor the subdivision requirements set forth in Section 15A.05.030 and Table 5-2.

(Ord. 4-1995 § 7, 1995: Ord. 10-1985 Mod. 12 § 22, 1988: Ord. 10-1985 Mod. 6 § 39, 1987; Ord. 10-1985 § 1 (part), 1986).

15A.10.030 Special Conditions of Approval Authorized.

The development standards and other conditions for approval specified in this title are not a limitation on the authority of a reviewing official to impose additional or greater requirements as conditions of approval on any use, development or modification being reviewed. Except as otherwise expressly provided, any reviewing official may impose conditions to:

(1)    Accomplish the objective and intent of any development standard or criteria for approval set forth in this title;

(2)    Mitigate any identified specific or general negative impacts of the development, whether environmental or otherwise;

(3)    Insure compatibility of the development with existing neighboring land uses;

(4)    Assure consistency with the intent and character of the zoning district involved;

(5)    Achieve and further the expressed intent, goals, objectives and policies of the Yakima urban area comprehensive plan and this title. It is the intent of this title to grant broad authority to impose special conditions to achieve and further the objectives listed above. Such authority shall extend, but not be limited, to the following:

(a)    Increasing the minimum development standards of this title;

(b)    Limiting and controlling the dimensions, number, shape and location of structures, including fences, signs and buildings;

(c)    Regulating the number and location of vehicular access points;

(d)    Requiring the dedication of additional rights-of-way for public streets;

(e)    Requiring the dedication of public use easements and the recording of the same;

(f)    Regulating the design, manner and timing of construction of any site improvements;

(g)    Regulating the hours of operation of any commercial or industrial use;

(h)    Providing for the maintenance or retention of any regulated site improvement;

(i)    Requiring and designating the location and size of open space;

(j)    Reclamation of any site after discontinuance of use or expiration or revocation of a permit.

(Ord. 10-1985 § 1 (part), 1986).

15A.10.040 Authority to Impose Special Conditions Limited in Class 1 Review and Administrative Modification Review.

Unless specifically granted in some other provision of this title, the authority of the reviewing official to impose special conditions of approval during a Class 1 review or an administrative modification (Chapter 15A.17) is limited to those which are reasonable and necessary to accomplish the objective and intent of any expressed development standard, or criteria of approval, in this title. This provision shall not prevent the reviewing official from denying or conditioning approval of any permit under this title based on the application of:

(1)    The State Environmental Policy Act (SEPA); or

(2)    Traffic engineering standards and policies established by Yakima County and the city of Yakima to protect the function and satisfactory level of service of arterial and collector streets.

(Ord. 10-1985 Mod. 6 § 40, 1987; Ord. 10-1985 § 1 (part), 1986).