Chapter 15.14


15.14.010    Purpose.

15.14.020    When required.

15.14.030    Application for Type (2) review.

15.14.040    Review procedures.

15.14.050    Notification of final decision.

15.14.060    Issuance of a zoning decision.

15.14.070    Appeals.

15.14.010 Purpose.

This chapter establishes procedures for issuance of a zoning decision for uses requiring Type (2) review. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).

15.14.020 When required.

Type (2) review is required for any proposed use shown on Table 4-1 as a Class (2) use; for Class (1) uses requiring Type (2) review in YMC 15.13.020; and for other specific reviews established by this title.

In certain circumstances, the administrative official may require that a Class (2) use undergo a Type (3) review, when one of the following occurs:

A.    In the opinion of the administrative official, formal public review and comment on a proposal will assist in determining necessary and proper mitigation of impacts;

B.    SEPA environmental review of the proposal indicates potentially significant environmental impacts that could prompt a higher type of review;

C.    The application has more than three associated land use decisions to be considered; or

D.    The proposed land use request has a development or master plan required by the size of the proposal or the administrative official has determined one is necessary. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).

15.14.030 Application for Type (2) review.

Applications for Type (2) review, and zoning decisions for Class (2) uses, shall be made in writing to the planning division on forms supplied by the department. A general site plan conforming to the provisions of YMC 15.11.030 shall accompany the application for Type (2) review. The planning division shall forward the application and site plan to the administrative official for review. The administrative official may request any additional information under the provisions of YMC 15.11.020(B). (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).

15.14.040 Review procedures.

Upon receipt of an application for a Class (2) use, the administrative official shall review the application as follows:

A.    Determination of Completeness. Within twenty-eight days after receiving a project permit application, the city shall mail or provide in person a written determination to the applicant which states:

1.    That the application is complete or that the application is incomplete and what is necessary to make the application complete; and

2.    To the extent known by the city, the identity of other agencies of local, state, or federal governments that may have jurisdiction over some aspect of the application (YMC 16.04.010).

B.    Request for Additional Information. The administrative official may request any additional information necessary to clarify the application or determine compliance with the provisions of this title in accordance with YMC 16.04.020.

C.    Incomplete Application. If the city determines an application is not complete, the city shall follow the procedures of YMC 16.04.030. Within fourteen days following receipt of the requested information, the city shall determine whether or not the application is then complete for processing according to the provisions of YMC 16.04.030.

D.    Notification to Adjacent Property Owners. A notice of application shall be provided to all applicants, designated contact persons, and property owners within three hundred feet of the exterior boundaries of the development site. The notice of application will follow the notice requirements of Yakima Municipal Code Chapter 16.05 and may be either a postcard format or letter size paper.

The administrative official may also, but is not required to, solicit comments from any other person or public agency the administrative official feels may be affected by the proposal.

E.    Administrator’s Decision. After considering any comments received from other agencies, jurisdictions, or adjoining property owners, the administrative official shall issue a notice of decision regarding the applicant’s Type (2) review application and site plan in accordance with YMC Ch. 16.07.

F.    Conditional Approval. The administrative official may attach conditions to his or her approval in order to assure the development is consistent with the intent of this title, the zoning district, the development standards, and the other provisions of this title.

G.    Findings and Conclusions. The administrative official shall prepare written findings and conclusions stating the specific reasons, and citing the specific chapters and sections of this title, upon which the administrative official’s decision to approve, approve with conditions, or deny the issuance of a zoning decision is based. The findings shall demonstrate that the administrative official’s decision complies with the policies of the Yakima urban area comprehensive plan, the intent of the zoning district, and the provisions and standards established herein. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2010-31 § 5, 2010: Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 51, 1987: Ord. 2947 § 1 (part), 1986).

15.14.050 Notification of final decision.

The administrative official’s final decision shall be issued within one hundred twenty days after the city notifies the applicant the application is complete, or as otherwise provided for in YMC Ch. 16.07. The final decision shall be mailed to the applicant and other parties of record, and shall state that the decision is final unless appealed to the hearing examiner. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 52, 1987; Ord. 2947 § 1 (part), 1986).

15.14.060 Issuance of a zoning decision.

No use requiring Type (2) review by the administrative official shall be entitled to a development permit until and unless the administrative official approves a final site plan and authorizes issuance of a zoning decision. The zoning decision is not a building or development permit and does not by itself authorize the construction or occupancy of any use or structure. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008).

15.14.070 Appeals.

Decisions by the administrative official under Type (2) review may be appealed to the hearing examiner in accordance with YMC Chapter 16.08. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).