Chapter 19.18
SPECIAL USES AND STANDARDS

Sections:

19.18.010    Legislative Intent.

19.18.020    Accessory Buildings and Uses.

19.18.030    Adult Entertainment Facilities.

19.18.040    Airports, Heliports and Landing Fields.

19.18.050    Agriculturally Related Industry Lots.

19.18.060    Agricultural Tourist Operations.

19.18.070    Agricultural Stand.

19.18.080    Ambulance Dispatch Facility.

19.18.090    Animal Husbandry and Animal Feeding Operations.

19.18.110    Bed and Breakfast Inns (B&B).

19.18.120    Building and Trade Contractors.

19.18.130    Campgrounds and Recreational Vehicle Parks.

19.18.135    Camping Accessory to Approved Recreational Uses.

19.18.140    Cemetery Plots.

19.18.150    Community Open Space Requirements.

19.18.170    Reserved.

19.18.180    Drive-Through Facilities.

19.18.190    Electric Vehicle Infrastructure.

19.18.205    Especially Sensitive Land Uses.

19.18.210    Farm Labor Housing and Farm Dwellings.

19.18.220    Reserved.

19.18.230    Historic Landmark.

19.18.240    Home Businesses.

19.18.250    Kennels.

19.18.260    Linear Transmission Facilities.

19.18.270    Manufactured Homes Regulated for Purposes of Siting as Site-Built Homes.

19.18.280    Manufactured/Mobile Home Park Standards.

19.18.290    Manufactured/Mobile Home Placement.

19.18.300    Manufactured Modular Nonresidential Structures (“Commercial Coaches”) Placement.

19.18.310    Mining.

19.18.320    Mini Storage Facilities.

19.18.330    Mixed Uses (Residential and Commercial).

19.18.340    Nurseries.

19.18.350    Off-Road Vehicle Recreation Facilities.

19.18.360    Opiate Substitution Treatment Facilities.

19.18.370    Outdoor Amusements.

19.18.390    Residential Uses.

19.18.405    Separation Requirements for Certain Uses.

19.18.410    Service Stations, Automotive.

19.18.430    Social Card Rooms.

19.18.440    Solid Waste Handling and Disposal Sites.

19.18.460    Aggregate Stockpiling.

19.18.480    Temporary Use Permits.

19.18.490    Towers.

19.18.510    Zero Lot Line Development.

19.18.010 Legislative Intent.

This Chapter is intended to specify certain standards which, under special circumstances may apply to, or be required for approval of, a proposed development or modifications to development.

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

19.18.020 Accessory Buildings and Uses.

Accessory uses are customarily incidental and subordinate to the principal use of a structure or site. Therefore, new accessory uses may only be permitted when a principal use has been established. They must be: clearly secondary to, supportive of, and compatible with the principal use(s); consistent with the purpose of the zoning district; and comply with this Title. The land use category of an accessory use shall be the same as that of the principal use(s) as listed in Table 19.14-1, unless otherwise specified.

(1)    Accessory Housing.

(a)    Legislative Intent. The term “accessory housing units” as used in this section includes “accessory dwelling units” (ADUs) and “caretaker dwellings” as defined under YCC 19.01.070. Accessory housing that conforms to the standards in this Section shall not be counted toward the allowable density for the lot upon which it is located and shall be considered a residential use consistent with the comprehensive plan and zoning designation for the lot. The purpose of the accessory housing provisions is to: Provide homeowners with an opportunity for extra income, companionship and security;

(i)    Better utilize existing infrastructure and community resources (sewer, water, roads, etc.);

(ii)    Provide a housing type that allows flexibility to respond to changing needs and lifestyles;

(iii)    Add to and diversify the supply of affordable housing;

(iv)    Protect neighborhood character and stability by ensuring ADUs are compatible with surrounding land uses;

(v)    Provide the opportunity for relatively independent living for the elderly or disabled with support from neighboring family or other care-giver, with a preference for attached or detached accessory dwelling units; and

(vi)    Accommodate accessory residential quarters in commercial, industrial and mining zones.

(b)    General Requirements.

(i)    Off-street parking shall be provided as required in Chapter 19.22 for both the accessory housing unit and the primary residence on the lot they are intended to serve.

(ii)    The accessory housing unit shall meet current standards of the residential, building, mechanical, electrical and energy codes as required for single-family dwellings.

(iii)    The accessory housing unit shall have the same building setbacks as the primary structure.

(iv)    A lot shall contain only one accessory housing unit.

(v)    In all zones the primary residence and the accessory housing unit shall both be connected to a public water system as defined in Section 19.01.070, and within an Urban Growth Area, to a regional sewer system.

(vi)    A lot containing an accessory housing unit shall not be subdivided, or otherwise segregated in ownership, in a way that separates the accessory dwelling unit and the primary residence on different lots. A covenant to which the County is a party shall be recorded with the County Auditor to preclude the separate sale or division of the accessory housing unit as a separate dwelling lot.

(c)    Additional Standards for Accessory Dwelling Units. An accessory dwelling unit (ADU) is a permitted use, secondary to the primary use of a detached single-family dwelling, subject to all of the following conditions:

(i)    ADUs shall not be allowed on parcels containing a common wall dwelling, zero lot line dwelling, duplex, multi-family dwelling, or a commercial or industrial structure/use.

(ii)    The ADU and the primary residence shall share a common driveway unless the two units are allowed to access different roads.

(iii)    A home business may be allowed, subject to Section 19.18.240, in either the ADU or the primary unit, but not both.

(iv)    Size: The ADU’s floor area shall be comprised of not more than 1,000 square feet and shall not exceed the size of the primary structure. The floor plan for the ADU shall be submitted with the ADU application. Living area includes storage areas, mechanical rooms, and other interior residential spaces, but excludes the following areas from the overall gross building area:

(A)    The thickness of the exterior walls; and

(B)    Garage areas.

(v)    Ownership:

(A)    Either the primary home or the ADU must be occupied by one or more owner(s) of the property as a permanent and principal residence. The owner shall live in either the primary or accessory unit. The owner-occupant must live in the structure for over six months of each calendar year, but may absent up to three years due to job relocation, sabbatical leave, education or illness. The owner may receive rent for the owner-occupied unit.

(B)    Owners of an ADU must sign and record with Yakima County an owner-occupancy covenant prior to issuance of a building permit.

(C)    Temporary owner absence – If the Reviewing Official determines that the owner of the ADU has violated owner-occupancy requirements, the owner shall:

1.    Reoccupy the ADU;

2.    Submit evidence showing compliance with Subsection A above to obtain a waiver of this owner-occupancy requirement; or

3.    Eliminate the ADU under either option in Subsection 19.18.020(1)(c)(vi) below.

(vi)    Compatibility:

(A)    Where authorized by the Allowable Land Use Table 19.14-1 in Chapter 19.14 accessory dwelling units may be:

1.    Attached to the primary residence;

2.    Attached to or above an existing detached garage serving the primary residence; or

3.    Detached from the primary residence and/or detached garage.

The attached or detached ADU shall be located within 100 feet from the primary residence, except for previously permitted temporary aged and infirmed residences, provided they meet all other requirements for accessory dwelling units in YCC 19.18.020.

(B)    The front entrance to the ADU shall be designed to be clearly secondary to the primary residence main entrance from a right-of-way or access easement (utilizing elements such as landscaping, lattice work, architectural design, etc…).

(C)    The ADU’s exterior walls shall be designed to be similar in color and building materials to the primary detached dwelling.

(D)    Any exterior stairs shall be placed in the rear or side yard.

(E)     The ADU and the primary dwelling unit will share a single sewer and water connection, unless the local sewer and/or water purveyor requires separate connections. Outside of Urban Growth Areas, the two dwellings may use separate on-site sewage disposal systems.

(vii)    Elimination. The Reviewing Official retains the right with reasonable notice to withdraw occupancy approval if any of the requirements under Subsections (1)(b) and (c) of this Section are violated. If the County withdraws occupancy, the property owner may:

(A)    If attached, merge the existing ADU to the single-family dwelling; or

(B)    If detached, use the building for an approved use only or remove the structure from the premises.

(d)    Additional Standards for Caretaker Dwellings. One caretaker dwelling for the occupancy of guards, watchmen, or property caretakers is permitted as an accessory use in the GC, M-l and M-2, and MIN zoning districts. A caretaker dwelling is also permitted in the B-1, B-2, HTC districts when the dwelling is located within the structure used for the principal use. No other dwelling unit(s) shall be allowed on the same parcel.

(2)    Accessory Residential Kitchens. Establishment of an accessory residential kitchen, as defined in Section 19.01.070, within or accessory to single-family residences shall be subject to the following:

(a)    The accessory kitchen shall share the same water supply as the associated primary residential kitchen in the dwelling or on the same lot.

(b)    A covenant shall be recorded in a form acceptable to the County stipulating the accessory residential kitchen is for incidental use associated with the primary single-family residence, and not for use as an additional dwelling unit on the property.

(c)    Use of the accessory residential kitchen for any commercial purpose must be in compliance with the home business requirements of this Title and all applicable local and state regulations.

(3)    Agricultural Buildings. Agricultural buildings shall not be used for human habitation, or a place of employment where agricultural products are processed, treated or packaged, nor shall it be a place used by the public.

(4)    Cargo Containers and Semi-truck Trailers (wheels and axels removed*) used as Storage Units.

(*Note: Semi-truck trailers must have their wheels and axels removed in order to be eligible for use as accessory storage. This is a requirement under YCC Title 13 (Yakima County Building Code) in order to receive a building permit.)

(a)    Storage During Construction. Cargo containers and semi-truck trailers are allowed, subject to permits required by YCC 13, as temporary accessory uses for storage in unlimited numbers in all zoning districts during the time when a building permit allows construction activity to take place on the property.

(b)    Permanent Storage. Cargo containers and semi-truck trailers are allowed as permanent accessory uses for the storage of items owned by the property owner, the on-site business, or the property’s renter. Such accessory uses are subject to permits required by YCC 13, must meet all the limitations in Table 19.18-1, and require land use review in accordance with YCC Table 19.14-1 or YCC 19.33, except as exempted by YCC 19.30.030(1)(d).

Table 19.18-1. Limitations on Cargo Containers and Semi-Truck Trailers(1) 

 

SR, R-1, R-2, R-3, RS, RT

HTC, B-1, B-2, LCC, SCC, GC

M-1, M-2, R-10/5, R/ELDP, AG, FW, MIN

Number allowed per lot

One per two acres or portion thereof (2)

One per acre or portion thereof (3)

Unlimited

Painting (4)

Required

Required

Not Required

Sitescreening and Landscaping

Accessory uses are subject to sitescreening and landscaping requirements of the primary use under Chapter 19.21.

Location

Prohibited in front yard (5)

Prohibited in front yard (5)

Permitted in front yard (5)

Notes:

(1) (a) Containers/trailers not meeting all the limitations of Table 19.18-1 are classified as “storage facilities” on Table 19.14-1, rather than as accessory uses. (b) Containers/trailers are subject to building setbacks required by YCC 16C, YCC 16D, and YCC 19.

(2) For example: parcels 2.00 acres or less are allowed one accessory storage unit (a cargo container or a semi-truck trailer); parcels 2.01-4.00 acres are allowed two accessory storage units; parcels 4.01-6.00 acres are allowed three accessory storage units; etc.).

(3) For example: parcels 1.00 acre or less are allowed one accessory storage unit (a cargo container or a semi-truck trailer); parcels 1.01-2.00 acres are allowed two accessory storage units; parcels 2.01-3.00 acres are allowed three accessory storage units; etc.).

(4) If required by Table 19.18-1, accessory cargo containers or semi-truck trailers must be fully painted so as to remove all original markings, labels or logos. All signage retained or placed on the cargo container or semi-truck trailer must meet the sign requirements under Chapter 19.20.

(5) In addition, all refrigerated cargo containers or semi-truck trailers located outside of a designated loading dock or loading bay shall be outside of and greater than 500 feet from SR, R-1, R-2, and R-3 zoning districts.

(5)    Garages.

(a)    Outside Urban Growth Areas, RS and RT zoning districts, one freestanding garage or storage structure up to 600 square feet may be constructed without a dwelling on the same lot. Any commercial or residential use of the structure is limited to that allowed by the zoning district.

(b)    Private garages greater than 600 square feet 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. Private garages in all other zoning districts must be accessory to a lawful building or structure allowed within the zoning district. Where single-family residential uses are permitted outright, one freestanding garage may be constructed in advance of constructing the intended principal residence; provided, that:

(i)    Building permits have been issued and are current for both the principal residence and the accessory garage;

(ii)    The garage structure contains no habitable floors, except for accessory dwelling units;

(iii)    The garage is used only by the property owner, not leased to others nor used for sales;

(iv)    Storage is limited to household items typically associated with a single residence, or household equipment and materials being actively used in constructing the principal residence; and

(v)    The garage complies with setbacks for garage and carport entrances, listed in Section 19.10.040.

(6)    Garden Sheds, Gazebos and Play Houses within a Side or Rear Setback. In the side or rear setbacks within the SR, R-1, R-2, R-3, RT and RS districts a maximum of one garden shed, one gazebo and one play house, meeting all of the following requirements, may be permitted as an accessory use to an existing residential use.

(a)    The structure contains no more than 200 square feet of floor area, with overhangs that do not exceed 16 inches;

(b)    The structure, its eaves and other such associated projections are set back a minimum of two feet from property lines and applicable street setbacks are observed;

(c)    The floor elevation is 18 inches or less in height;

(d)    The structure is less than 12 feet in height; and

(e)    Roof drainage is contained on site.

(7)    Greenhouses. A greenhouse or hothouse may be allowed as an accessory structure to a dwelling; provided, there are no sales.

(8)    Swimming Pools. Swimming pools (including those classified as Water Recreation Facilities and regulated by the Yakima Health District under WAC 246-260 and 262) are permitted as an accessory use to: dwellings, hotel/motels, overnight lodging facilities, boarding houses, retirement homes, and other residential uses, schools, and recreational facilities when all of the following provisions are met:

(a)    Setbacks.

(i)    Front Yard. The swimming pool apron and pump house meet the required front yard setback.

(ii)    Side and Rear Yard. The swimming pool and pump house are set back at least three feet from the property line. The swimming pool apron may extend up to the property line.

(iii)    From an Easement. The swimming pool, apron, and pump house may extend up to, but shall not encroach upon, an easement.

(b)    Fencing. The area around the pool must meet fencing requirements in YCC Title 13.

(c)    Water Recreation Facilities. Public swimming pools (including private clubs) are also regulated as a water recreation facility by the Yakima Health District. All water recreation facilities shall:

(i)    Comply with the rules and regulations under Chapter 246-260 WAC and/or Chapter 246-262 WAC, as now exist or are hereafter amended; and

(ii)    Be approved and permitted by the Yakima Health District.

(9)    Yard or Garage Sales. Yard or garage sales shall be permitted as an accessory use to a dwelling provided all of the following provisions are met:

(a)    Only two yard or garage sales per dwelling unit, per year shall be allowed;

(b)    Each yard or garage sale shall not exceed three days in duration.

(Ord. 9-2019 (Exh. 1), 2019; Ord. 6-2018 § 2(G)(i)(3) (Exh. 6(3)), 2018; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 7-2013 § 1 (Exh. A) (part), 2015).

19.18.030 Adult Entertainment Facilities.

(1)    Scope of Restrictions. All adult entertainment facilities and uses listed in Subsection (2)(b) and (c) of this Section shall comply with the requirements of this Section. The purpose and intent of requiring standards for adult entertainment facilities and listed uses is to mitigate the adverse secondary effects caused by such facilities and to maintain compatibility with other land uses and services permitted within the County. The standards established in this Section shall not be construed to restrict or prohibit the following activities or products: (i) plays, operas, musicals, or other dramatic works that are not obscene; (ii) classes, seminars, or lectures which are held for a serious scientific or educational purpose that are not obscene; and (iii) exhibitions, performances, expressions, or dances that are not obscene.

(2)    Separation Requirements. Adult entertainment facilities shall be permitted as indicated in the applicable zoning district land use table only if the following separation requirements are met:

(a)    No adult entertainment facility shall be located closer than 800 feet to any residential zoning district including, but not limited to, the R-1, R-2, R-3, SR, RT, Rural-10/5 and RS zoning districts designated in this Title. This separation requirement applies whether such residential zoning district is located within or outside the city limits of any adjacent city or zoning jurisdiction.

(b)    No adult entertainment facility shall be located closer than 800 feet to any of the following uses or community entranceways, and no use listed in this Subsection shall be located closer than 800 feet to any adult entertainment facility, whether or not such use or entranceway is located within or outside the city limits of any adjacent city:

(i)    Any public park;

(ii)    Any public library;

(iii)    Any public or private nursery school or preschool;

(iv)    Any public or private primary or secondary school;

(v)    Any licensed day care;

(vi)    Any community youth center;

(vii)    Any church or other house of worship;

(viii)    Any multifamily residential use in the B-1, B-2, SCC, LCC, or GC zoning districts;

(ix)    Any other adult entertainment facility;

(x)    Any establishment selling alcoholic beverages for consumption on premises.

(xi)    Any entranceway to the community, including rights-of-way of State highways (SR 12, SR 22, SR 24, SR 223, SR 241, SR 97, SR 821, SR 823, I-82), and the intersection of two streets nearest any entranceway or gateway to the community identified in any adopted neighborhood plan, whether such entranceway is located within or outside the city limits of any adjacent city or zoning jurisdiction.

(c)    No adult entertainment facility shall be located closer than 400 feet to any legally established, nonconforming dwelling, whether such dwelling is located within or outside the corporate boundaries of any adjacent city or town.

(3)    Measurement.

(a)    The 800 foot buffer required by this Section shall be measured by extending a straight line from the nearest point on the property line of the lot containing the proposed adult entertainment facility to the nearest point on the boundary lines of the zoning districts, parcels containing uses, and the right-of-way of entranceways listed in Subsection (2) of this Section.

(b)    The 400 foot buffer required by Subsection (2)(c) of this Section shall be measured by extending a straight line from the nearest point on the edge of the improved area of the adult entertainment facility use, such as a parking area or structure other than a sign, to the nearest part of a structure containing a single-family dwelling.

(4)    Variance. The separation requirements of Subsection (2) of this Section may only be reduced through the provisions of Chapter 19.35.

(5)    Signage. Signage of adult entertainment facilities shall comply with Chapter 19.20, with the following specific conditions: Each adult business use shall be allowed one on-premises sign, in addition to the entrance sign required by YCC Subsection 5.06.200(10), if applicable, which shall be limited to displaying the name of the establishment, the street address, the days and hours of operation, restrictions on the age of persons that may be admitted to the building and the nonspecific identification of the nature of the stock-in-trade or entertainment offered therein (e.g., “adult entertainment,” “adult films”). Nowhere on the signage or on the building visible to outside passersby shall appear any verbiage, insignias, pictures, drawings or other descriptions suggestive of sexual acts or actions, or which represent the sexually oriented material and/or performances of the adult entertainment use.

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

19.18.040 Airports, Heliports and Landing Fields.

(1)    Personal Use. Private landing strips and heliports used for personal or restricted use may be permitted upon approval in accordance with Table 19.14-1 only in the AG, FW, Rural-10/5, R/ELDP-40, RT and Commercial and Industrial zoning districts.

(2)    Public Use. Private landing strips and heliports used for public use may be permitted upon approval in accordance with Table 19.14-1 only in the AG, FW, Rural-10/5, and R/ELDP-40 zoning districts.

(3)    Compatibility with Surrounding Area. All new airports, heliports, or landing fields shall be designed so the incidence of aircraft passing in the vicinity of preexisting dwellings or places of public assembly is minimized. They shall be located so air traffic shall not constitute a nuisance to neighboring uses. They shall be located so air traffic shall not generate more noise than 55 Day Night Average Sound Level (DNL), as measured at the property line and shall not be located in close proximity to incompatible land uses as defined in this Title. The proponents shall show that adequate controls or measures will be taken to minimize noise levels, vibrations, dust or bright lights, as required by Federal, State and County regulations.

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

19.18.050 Agriculturally Related Industry Lots.

Agriculturally related industry lots may only be created or expanded within the Agriculture zoning district and may only be enlarged by the terms of this section. These lots must meet the following requirements:

(1)    Generally. The lot containing the agriculturally related industry may be approvable under Chapter 19.34, provided the proposal is also consistent with this section and other applicable standards of this Title.

(2)    Covenant Limiting Uses to Ag Related Industry. A covenant or plat note must be recorded as a condition of final approval stating that the use of the agriculturally related industry lot is limited to agriculturally related industry uses.

(3)    Minimum Lot Size. The minimum lot size is one acre and the maximum lot size shall be drawn to encompass only the area required for existing or proposed facilities with actively approved building permits as evidenced by the building plans, or by a site plan for the agriculturally related industry use(s) of the lot, approved in conjunction with a land use or subdivision application.

(4)    Enlargement. Any enlargement of the agriculturally related industry lot shall be designed so as not to interfere with, and to support the continuation of, the overall agricultural use of the surrounding area.

(5)    Residential Uses. The balance of the agriculturally related industry lot may not be divided for residential purposes while in the Agriculture zoning district. The agriculturally related industry lot shall not be converted into a residential lot while zoned Agriculture. A plat note stating such will be required on the final plat if the subdivision process is utilized. When an agriculturally related industry lot is created by the boundary line adjustment process, a covenant stating such will be required.

(6)    Existing Residences or New Caretaker Dwellings. Existing residence or new caretaker dwellings may be located on a new agriculturally related industry lot but may not be segregated by boundary line adjustment or division from the agricultural industrial use as long as the lot is zoned Agriculture.

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

19.18.060 Agricultural Tourist Operations.

(1)    Legislative Intent. Agricultural Tourist Operations (ATOs), as defined in Section 19.01.070 and allowed under RCW 36.70A.177, and accessory sales of items promoting the agricultural tourist operation, are considered to be agricultural accessory uses and a component of a strong agricultural economy. This Section is intended to provide standards to ensure that the physical development of tourist operations and public education in farming areas enables business diversification that supports, promotes and sustains agricultural operations and production. Therefore, Agricultural Tourist Operations are defined as retail, destination, or resort operations and are subject to the following minimum requirements to protect agricultural land of long-term commercial significance, ensure the operation is accessory to a principal agricultural use, and location, design, and operation that does not interfere with, and supports the continuation of, the overall agricultural use of the property and neighboring properties.

(2)    Additional Accessory Uses. The ATO may include the following:

(a)    Food Service. Food services associated with a use or activity allowed pursuant to this Section are those services which are incidental or accessory to a permitted use or value-added food items produced from agricultural products grown on the applicant’s farm and may include sales of ancillary prepackaged foods or beverages that are not prepared on the premises for on-site consumption. Food handling is subject to a License from the Yakima Health District and may require a commercial kitchen meeting YCC Title 13 standards, depending on the specific conditions of the development authorization and the food service offered.

(b)    Educational Services. Education services located on a farm shall be a subordinate element of the operation of an ongoing agricultural activity as defined by RCW 84.34.020(2).

(c)    Ancillary Entertainment/Special Events. Ancillary entertainment/special events, including weddings/receptions, catered functions and small musical events, shall be sized and conditioned consistent with the character of permitted activities and uses. The Reviewing Official shall place a limit on the number of occupants or size of indoor and outdoor events allowed. Capacity is limited by building occupancy and parking limitations.

(d)    Commercial Uses. Accessory uses include those which support, promote, or sustain agricultural operations and production as a secondary, subordinate, and/or supplemental element of the operation of an ongoing agricultural activity as defined by RCW 84.34.020(2). Accessory commercial or retail uses shall predominantly sell regionally produced agricultural products from one or more producers, products derived from regional agricultural production, agriculturally related experiences, or products produced on site. Accessory commercial retail uses shall offer for sale products or services produced on site and/or limited items promoting the ATO.

(3)    General Requirements. All types of Agricultural Tourist Operations shall:

(a)    Be consistent with the intent of this Section;

(b)    Be operated by the owner, operator, or occupant of the farming use;

(c)    Comply with specific provisions applicable to the type of agricultural tourist operation in this Section;

(d)    Be subject to, and limited by the appropriate licensing standards of the Yakima Health District where food handling is required; and

(e)    Be located on a farm consisting of one or more contiguous parcels with at least five producing acres in the crops used in the retail product;

(f)    Locate and design the ATO accessory facilities and permanent parking so they will not interfere with agricultural operations on the site of the proposed use or on nearby properties;

(g)    Not locate nonagricultural accessory uses and activities, including new buildings, parking or supportive uses, outside the general area already developed for buildings and residential uses and shall not otherwise convert more than one acre of agricultural land to nonagricultural uses;

(h)    Have adequate access from a county road consistent with the standards under Chapter 19.23. ATOs that share a private road must submit a road maintenance agreement at the time of application signed by all legal property owners or their designees. Without the road maintenance agreement the application will be considered incomplete; and

(i)    Provide sufficient detail with applications proposing phased development of an ATO to enable the County, agencies and adjoining property owners to consider all aspects of the project at full build-out. Changes to an approved ATO that result in new uses that were not considered in the original approval are subject to the level of review for the requested change.

(4)    Agricultural Tourist Operation – Retail.

(a)    Ancillary Entertainment/Special Events. Indoor event facilities shall be no larger than 1,500 square feet.

(b)    Food Service. The sale of food that is incidental or accessory to a permitted use or value-added food items produced from agricultural products grown on the applicant’s farm may be provided. Food service may include sales of ancillary prepackaged foods or beverages that are not prepared on the premises for on-site consumption. Food service in the Retail ATO is subject to Yakima Health District licensing requirements and no permanent commercial kitchen is permitted. Food service shall only be served by licensed food vendors and shall be restricted to the events.

(c)    Commercial Uses. Accessory commercial retail uses may sell products or services produced on site and/or limited items promoting the ATO.

(5)    Agricultural Tourist Operation – Destination. A Destination ATO is one that consists of an assortment of uses over and above any uses associated with Retail ATO, but may include:

(a)    Ancillary Entertainment/Special Events. Indoor event facilities shall be no larger than 7,500 square feet.

(b)    Food Service. Food may also be served to registered guests staying at overnight lodging facilities or boarding houses approved under subsection (7) below, or as provided as part of a specific event or class (e.g. wedding or seminar) subject to Yakima Health District licensing requirements, including a commercial kitchen meeting YCC Title 13 standards if required.

(c)    Commercial Uses. Other commercial uses directly related to the ATO may be allowed, such as gift stores, art galleries or the like.

(d)    Overnight Lodging Facilities and Boarding or Lodging Houses. Overnight lodging facilities and boarding or lodging houses shall be limited to 12 overnight accommodations, as provided in subsection (7) below.

(6)    Agricultural Tourist Operation – Resort. A Resort ATO is one that consists of an assortment of uses over and above any uses associated with Retail or Destination ATO but may include:

(a)    Ancillary Entertainment/Special Events. Indoor and outdoor event facilities are not limited in size; provided the proposed facility conforms to the requirements set forth in subsection (3)(g) above.

(b)    Food Service. A restaurant developed as an accessory use to the Resort ATO may serve meals to the general public, subject to Yakima Health District licensing requirements, including a commercial kitchen meeting YCC Title 13 standards.

(c)    Commercial Uses. Other commercial uses directly related to the ATO may be allowed, such as gift stores, art galleries or the like.

(d)    Overnight Lodging Facilities and Boarding or Lodging Houses. Overnight lodging facilities and boarding or lodging houses may include more than 12 overnight accommodations, as provided in subsection (7) below.

(7)    Accessory Overnight Lodging Facilities and Boarding or Lodging Houses. Overnight lodging facilities and boarding or lodging houses are subject to additional requirements when proposed within an Agricultural Tourist Operation:

(a)    Overnight Lodging Facilities and Boarding or Lodging Houses. Overnight lodging facilities and boarding or lodging houses as defined in Section 19.01.070 shall be subject to the following conditions:

(i)    Facilities proposed within the Agriculture (AG) zone shall only be considered when being proposed as an accessory use to a Destination or Resort Agricultural Tourist Operation.

(ii)    In all allowed zones, such facilities being proposed as an accessory use to a Destination Agricultural Tourist Operation shall be limited to 12 overnight accommodations.

(iii)    The facilities and permanent parking shall be located and designed so they will not interfere with agricultural operations on the site of the proposed use or on nearby properties.

(iv)    The facilities and permanent parking shall be located within the general area already developed for buildings and residential uses and shall not convert more than one acre of agricultural land to nonagricultural uses.

(b)    Membrane Structures. The use of a membrane structure, such as a tepee or yurt that meets the following criteria may be allowed in conjunction with approval of an overnight lodging facility or boarding or lodging house. The membrane structure:

(i)    Shall be placed on a permanent foundation or pad;

(ii)    Is not a camping unit or recreational vehicle as defined in Section 19.01.070;

(iii)    Meets the current building code and Yakima Health Department requirements for transient accommodations; and

(iv)    Does not contain indoor cooking facilities.

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

19.18.070 Agricultural Stand.

Agricultural stands are for the sale of agricultural products, except livestock, provided they:

(1)    Are a seasonal operation;

(2)    Have sufficient area to allow automobiles to park safely off the road right-of-way and to re-enter the traffic in a forward direction; and

(3)    Limit sales to products grown on the premises or the same farm operation, and to incidental related products. (See definition in Section 19.01.070).

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

19.18.080 Ambulance Dispatch Facility.

In the Urban Growth Areas, an ambulance dispatch facility may be permitted as provided for under Table 19.14-1; provided, that the site has a minimum lot size of 10,000 square feet and must be on a street designated as a principal, major or minor arterial in the County’s Comprehensive Plan.

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

19.18.090 Animal Husbandry and Animal Feeding Operations.

(1)    Legislative Intent. This Section is intended to assure that the raising of domesticated farm animals within Urban Growth Areas, Rural Transitional and Rural Settlement zones is compatible with adjoining residential uses and the intent and character of the district in which they are located.

(2)    Minimum Lot Size – Urban Growth Areas and Rural Settlement.

(a)    The minimum lot size for animal husbandry and animal feeding operations within the RS, RT and Urban Growth Area is one acre. A lot at least the minimum size shall be deemed to meet this requirement even though a portion of the lot may be used for a single-family dwelling.

(b)    Domestic poultry and fur-bearing animals, including rabbits, silver foxes, minks, squirrels, nutria and muskrats, are allowed on any lot within the RS, RT or Urban Growth Area, and are subject to the requirements of this Section. The term “fur-bearing animals” does not include dogs or cats.

(3)    Minimum Setback. No portion of any structure used to house pigs, sheep, goats, cows and the like shall be within 50 feet of any residential lot other than the dwelling on the same lot. Small animals, fur-bearing animals, and domestic fowl shall not be housed within 25 feet of a neighboring residential lot line.

(4)    Fencing. Fencing adequate to contain the animals shall be provided and maintained.

(5)    Maximum Number of Animals.

(a)    The maximum number of animals that may be kept on the site at any time of the year in the Urban Growth Areas, RT and RS districts shall be the number of animals as follows:

(i)    Large domestic farm animals, such as cows, horses, mules, donkeys, llamas, camels, and buffalo must maintain a standard of not more than one animal per each acre;

(ii)    Small domestic farm animals, such as alpacas, sheep, miniature horses and goats – not more than three per acre. Goats, including pygmy, dwarf and miniature goats may be kept as small animals, provided male goats are neutered;

(iii)    Swine on a parcel at least five acres in size: one barrow (over four months of age) is allowed per each acre, or, not more than two breeding animals per each five acres, except in the Urban Growth Areas where swine are not permitted, other than one potbellied pig;

(iv)    Not more than 20 domestic poultry are allowed per acre; roosters and peafowl are not permitted;

(v)    Not more than 25 fur-bearing animals allowed per acre; or

(vi)    Nursing domestic animal offspring may be kept until weaned without violating the limitations of this Section.

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

19.18.110 Bed and Breakfast Inns (B&B).

Bed and breakfast inns, as defined in Section 19.01.070, shall be subject to the following requirements:

(1)    Located within Residence. Bed and breakfast inns may only be permitted within the zoning districts when established within an existing single-family residence.

(2)    Outside Appearance. Bed and breakfast inns shall be operated so as not to give the appearance of being a business. The inn shall not infringe upon the rights of neighboring residents to have peaceful occupancy of their homes. Minimal outward modifications of the structure or grounds may be made only if such changes are compatible with the character of the area or the neighborhood.

(3)    Owner/Manager Occupied. Bed and breakfast inns may be occupied and operated by the owner or by a hired manager. No additional dwelling shall be placed on the same lot as the bed and breakfast inn.

(4)    Meals. Meals shall only be served to guests taking lodging in the inn. Restaurants may be allowed where specified by the zoning district.

(5)    Number of Guest Rooms. The number of guest rooms shall not exceed five or the number specified in the Allowable Land Use Table 19.14-1 in Chapter 19.14, whichever is less.

(6)    Parking. One off-street parking space per guest room shall be provided. The front yard area shall not be used for off-street parking for bed and breakfast guests unless the parking area is screened and found to be compatible with the neighborhood.

(7)    Signs. One non-illuminated or externally illuminated sign not to exceed the maximum size allowed within the zoning district in which located and bearing only the name of the inn and/or the operator shall be permitted.

(8)    Special Events. The Reviewing Official may authorize use of the bed and breakfast inn for special events such as receptions and group meetings based upon:

(a)    The maximum capacity of the indoor meeting facilities within the inn as established in YCC Title 13;

(b)    Access and availability of adequate off-street parking facilities;

(c)    Public health considerations;

(d)    Compatibility with the surrounding neighborhood; and

(e)    In residential zones (RS, RT, R-1, R-2, R-3), the number of such events shall not exceed 12 per year. The Reviewing Official may consider additional events subject to the approval of an administrative adjustment under Section 19.35.020.

(9)    Retail Sales. Sales of items promoting the inn may be allowed as an accessory use. Other commercial uses, such as gift stores, art galleries or the like, may be allowed under separate application only.

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

19.18.120 Building and Trade Contractors.

Building and trade contractors abutting areas outside of a commercial or industrial zoning district shall store all materials indoors; provided the Reviewing Official may consider limited outdoor storage of materials and vehicles when adequately screened or otherwise isolated from neighboring properties. The type of contractor, supplies, equipment and the number of employees will affect compatibility. Heavy equipment contractors are listed as a separate use in the applicable zoning district land use table.

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

19.18.130 Campgrounds and Recreational Vehicle Parks.

(1)    Legislative Intent. This Section is intended:

(a)    To implement various goals and policies of Yakima County’s adopted Comprehensive Plan(s) and Regional Shoreline Master Program, including land use, community facilities and services, environment, economic development, and housing, relative to unincorporated areas of Yakima County, under authority of RCW 36.70A and responsibility to adopt official land use controls under RCW 36.70.640 and shorelines regulations under Chapter 90.58 RCW.

(b)    To ensure the public health, safety and welfare of campgrounds and recreational vehicle parks within Yakima County land use jurisdiction, through the application of the health regulations adopted under authority and responsibility granted the Yakima Health District under RCW 70.05.070.

(c)    To ensure the public health, safety and welfare of campgrounds and recreational vehicle parks within Yakima County land use jurisdiction, through applying the Building and Fire Safety regulations adopted under authority and responsibility granted to the Building Official and the Yakima County Fire Marshal under YCC Title 13 under RCW Chapter 19.27.

(d)    To provide, under authority in RCW 58.17.035 and 58.17.040(5), for a Binding Site Plan method of land subdivision in unincorporated Yakima County for purposes of lease of commercial property where camping units are permitted to be placed upon the land.

(e)    To provide for the creation of new and expansion or modification of existing campgrounds and recreational vehicle parks in unincorporated areas of Yakima County that meet the needs and protect the interests of users and adjacent landowners.

(f)    To assure the compatibility of recreational vehicle parks and campgrounds in the unincorporated areas of Yakima County with adjacent and nearby land uses by establishing development standards, while providing for flexible designs.

(2)    Applicability.

(a)    Any person who proposes to establish, construct, alter, expand or modify a campground or recreational vehicle park in unincorporated Yakima County shall comply with the requirements of this Chapter.

(b)    For any proposal to expand a pre-existing campground or recreational vehicle park within Yakima County land use jurisdiction, only the new or expanded portion of the development shall be required to meet the standards and requirements of this chapter, unless there is a public health or public safety issue involved in the existing development; in which case upgrades of existing park or campground development may be required as part of the preliminary site plan review process.

(c)    Any person who proposes to continue operation of an existing campground or recreational vehicle park anywhere in Yakima County shall obtain an annual operating permit from the Building and Fire Safety Division under YCC Title 13. No land area may be created, sold or leased for overnight occupancy of two or more camping units in unincorporated Yakima County, except in conformance with this Section.

(3)    Exceptions. The following do not require separate approval under this Section; provided that such uses otherwise comply with Yakima County Code:

(a)    Day use areas, with appropriate sanitary facilities are provided as required by the Yakima Health District.

(b)    Recreational vehicle parking normally accessory to a residence or approved location.

(c)    Recreational vehicle storage areas permitted as an accessory use to an approved principal use provided the area set aside for this purpose is subject to land use and environmental requirements attendant to the underlying land use decision.

(d)    A single recreational vehicle approved for occupancy for the care of a terminally ill person under Section 19.18.480 as it now exists or is amended.

(e)    A single recreational vehicle located on a lot under the same ownership as the recreational vehicle, for not more than 30 days for temporary use under Section 19.18.480.

(f)    Multiple camping or recreational vehicles may be located on a lot for temporary accommodation accessory to an approved recreational use (such as a livestock event facility, off-road recreational vehicle facility, or similar use). See Section 19.18.135.

(g)    Campgrounds and recreational vehicle parks associated with and integral to an approved Master Planned Resort are subject to the standards of this section unless equivalent or better standards are proposed in the Resort Development Plan of the Master Planned Resort.

(4)    Health Standards Applicable Countywide. All recreational vehicle parks and campgrounds shall comply with all health standards for campgrounds and RV parks as required by the Yakima Health District, WAC 246-290 or WAC 246-291 or as amended, and as administered by the Yakima County Building Official under YCC Title 13. All proposed water supply and sewage disposal sites must be depicted on the final site plan.

(a)    Solid Waste. No person shall dispose of or discard sewage, gray water, or other waste materials onto the ground. All storage, collection, and disposal of solid waste in the campground or recreational vehicle park shall be in conformance with the minimum functional standards set forth by the Washington State Department of Ecology and administered by the Yakima Health District.

(i)    Approved solid waste containers shall be placed within 200 feet of each camping space;

(ii)    Solid waste collection areas having more than one container shall require screening with a sight-obscuring fence or Standard C sitescreening as provided in Chapters 19.21; and

(iii)    All solid waste containers shall have covers that prevent access by birds and other animals and minimize the creation of nuisances from odors and fugitive materials.

(5)    Minimum Land Use and Site Design Standards. Each campground or recreational vehicle park shall meet Chapter 19.10 and the following standards:

(a)    Size. The minimum area for a recreational vehicle park shall be two acres. The minimum area for a campground shall be one acre.

(b)    Camping Space Standards. Standards for camping unit spaces within recreational vehicle parks and campgrounds shall be as follows:

(i)    Width. The minimum space width shall be 20 feet.

(ii)    Use.

(A)    No more than three camping units shall occupy any individual space in a campground.

(B)    Only one recreational vehicle shall occupy an individual space at any time, though a camping space may be occupied by one recreational vehicle and one or two tents.

(C)    No decks, porches, outdoor storage, or other exterior additions shall be attached to a recreational vehicle or constructed or erected on a camping space; provided, however, that an awning designed as part of and permanently attached to a recreational vehicle shall be allowed.

(D)    Wheels and tires shall not be removed from any recreational vehicle, nor shall skirting be allowed.

(iii)    Nothing in this Subsection shall conflict with YCC Title 13 accessibility requirements, where applicable, for access to an individual recreational vehicle.

(c)    Grading and Surfacing. All camping spaces shall be designed to provide drainage to a stormwater treatment area. Cinder, gravel, or comparable non-dust-creating, semi-permeable, all weather surfaces of a size approved by the Reviewing Official shall be provided for all recreational vehicle pad areas.

(i)    Fences and Walls. No fence or wall shall be erected between camping unit spaces, except a retaining wall or a guardrail meeting YCC Title 13 requirements may be installed for safety purposes;

(ii)    Space Identification Numbers. Camping space numbers at least four inches in height shall identify each space and shall remain readily identifiable while in use;

(iii)    Design. Each camping space shall be designed and constructed at such elevation, distance, and angle regarding its access to provide for safe and efficient placement and removal of camping units; and

(iv)    Setbacks. The setback for camping spaces from any public road or private road right-of-way exterior to the campground or recreational vehicle park shall be 25 feet from the edge of the right-of-way or road easement, or 60 feet from the road centerline, whichever is greater. Natural and landscape vegetation shall be retained and maintained along exterior property lines and within exterior setback areas of the campground or recreational vehicle park to the maximum extent possible. Other setback standards are as listed in Table 19.18.130-1 below.

Table 19.18.130-1. Minimum Setback Standards 

 

Setback (feet)

Camping site boundary to exterior side or rear property line

15

Distance between camping unit or awning to camping unit or awning on an adjacent space

10

Distance for camping unit from travel surface of interior roads

10

Cabin or tent cabin setback from interior roads

20

Distance between fire pit and exterior property line

30

No camping unit shall be placed or parked within a required setback area. Uses in setback areas shall be restricted to underground utility lines, exterior boundary fences, or security posts, and landscape vegetation; provided, a towed passenger vehicle, other than a recreational vehicle, may be parked within an internal front yard setback area required for an individual camping unit space. Fences, utility lines, or landscape vegetation located within a setback area, if permitted, shall not interfere with access and driving sight distances.

(d)    Exterior Fencing or Buffering. A campground and/or RV Park which abuts a residence either to the side or rear exterior boundary shall comply with the sitescreening standards of Chapter 19.21. Fences shall be no less than six feet in height, and shall be sight obscuring (Standard C) as provided in Chapter 19.21 and shall conform to YCC Title 13. Any such fence shall be installed prior to operation of the campground or recreational vehicle park. Any fence shall be neutral in color and blend with the surrounding area. The fencing requirement may be waived if the campground or recreational vehicle park owner is also the owner of the contiguous residence.

(e)    Roads. The road system, both within and adjacent to the proposed campground or recreational vehicle park, shall be designed to meet the requirements of the County Fire Marshal and the County Engineer.

(f)    Drainage. Drainage facilities shall be designed by a registered engineer to provide no measurable increase in the rate of stormwater runoff into the receiving drainage for a 25 year storm event, consistent with YCC Chapter 12.10.

(g)    Parking. A campground or recreational vehicle park shall meet the following parking standards:

(i)    There shall be no on-street parking.

(ii)    There shall be no parking permitted within required exterior front, side or rear yard setbacks.

(iii)    A campground or recreational vehicle park and its associated buildings, structures, and uses shall provide off-street parking for passenger vehicles and recreational vehicles under Chapter 19.22. In addition to the parking spaces required, one or more disabled parking spaces shall be provided in locations convenient to origins and destinations. Guest parking spaces shall be provided at a ratio of one parking space per eight camping spaces. Any towed passenger vehicle shall be parked within the boundary of the camping space, or when a recreational vehicle fully occupies the camping space such passenger vehicle shall be parked in a guest parking space. Guest parking spaces shall be grouped and distributed evenly throughout the campground or recreational vehicle park.

(h)    Density.

(i)    For campgrounds without sanitary sewer service, the maximum density of a campground or recreational vehicle park shall be based on consideration of the capacity of the soils to handle on-site sewage disposal as determined by the Yakima Health District, consistent with applicable requirements of Chapter 246-272A WAC; provided, however, that such density must be found to be compatible with surrounding land uses and consistent with the County’s Comprehensive Plan.

(ii)    Campgrounds served with on-site sewage disposal shall have a maximum density of six units per gross acre unless a higher density, not to exceed ten units per gross acre, is approved by the Yakima Health District.

(iii)    For recreational vehicle parks or campgrounds with an approved sanitary sewer connection to each camping space, the density shall not exceed 20 camping spaces per gross acre; provided such density is consistent with site development standards of this Title and other applicable regulations and meets environmental policies of the County.

(i)    Electrical and Other Utility Connections. Electrical hookups may be provided to each camping space in a developed campground or recreational vehicle park. If provided, the minimum amperage shall be specified by the Washington Department of Labor and Industries (L&I). Other services, such as television and telephone cable service, may be permitted. All electrical and other connections shall be:

(i)    In compliance with applicable local and state codes; and

(ii)    In close proximity to the user.

(j)    Lighting. All security or safety lighting shall be designed as provided in Section 19.10.040 so as to limit illumination to the campground or recreational vehicle park, without interfering with the motoring public on adjacent roads.

(k)    Fire Protection. Fire safety precautions for campgrounds and recreational vehicle parks shall be provided as required by the International Fire Code (IFC) and International Wildland Urban Interface Code (IWUIC), and YCC Title 13.

(l)    Caretaker’s Residence. One caretaker’s residence and/or office facility for the owner or operator of the campground or recreational vehicle park may be allowed. A manufactured home can be utilized as the caretaker’s residence, however no other manufactured homes shall be occupied, stored, or parked in a campground or recreational vehicle park. No manufactured home unit shall be used for commercial use, assembly of people, or accessory use within a campground or recreational vehicle park.

(m)    Accessory Uses. Laundry, assembly, or commercial accessory or service uses may be allowed in a developed campground or recreational vehicle park provided, each structure meets building code standards. The appropriateness of all proposed accessory uses and their compatibility with adjacent land uses will be considered as part of the site plan review. Such accessory uses are restricted in their use to occupants of the campground or recreational vehicle park. Each accessory use or structure shall be accessible by improved pedestrian path convenient to occupants of the park or campground. Any manufactured coach used for laundry, assembly or commercial use shall be a commercial coach.

(n)    Water Recreation Facilities. All water recreation facilities shall:

(i)    Comply with the rules and regulations under Chapter 246-260 WAC and/or Chapter 246-262 WAC, as now exists or are amended;

(ii)    Be approved and permitted by the Yakima Health District; and

(iii)    Meet the pool barrier requirements of YCC Title 13.

(o)    Exterior Boundary Survey. Exterior boundaries and all road centerlines shall be surveyed and monumented by a surveyor licensed in the State of Washington.

(p)    Open Space and Recreation. A minimum 15% of the total site area within the campground or recreational vehicle park shall be set aside as community open space as defined in Section 19.01.070. The minimum area may be reduced to ten percent of the total site area where the campground is developed in conjunction with a master planned resort.

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

19.18.135 Camping Accessory to Approved Recreational Uses.

Multiple camping or recreational vehicles may be located on a lot for temporary accommodation accessory to an approved recreational use (such as a livestock event facility, off-road recreational vehicle facility, or similar use), provided:

(1)    Usage Area. The area for such use is shown on the site plan submitted with the primary application and approved in the underlying land use;

(2)    Parking. Sufficient parking area is provided both for the accommodation use and the primary land use;

(3)    Land Use Rules. The area set aside for this purpose is subject to land-use and environmental requirements attendant to the underlying land-use decision;

(4)    Residential Buffer. Locations designated for recreational vehicles are separated from the nearest existing dwelling on any adjacent lot by a minimum distance of 300 feet, or by other equivalent mitigation, in order to mitigate noise created by generators used for electric power;

(5)    Temporary. It is temporary and directly related to a specific event held at that facility;

(6)    Access. Access is appropriate, internal pedestrian and vehicular circulation is safe, and physical access to the site is determined to be acceptable by the Reviewing Official;

(7)    Stormwater. Stormwater is addressed on the site plan as per YCC Chapter 12.10 and appropriate provisions are made;

(8)    Density. The number of units does not exceed that permitted with the underlying land use decision;

(9)    Self-contained. The camping unit or recreational vehicle is self-contained (no hook-ups);

(10)    Duration of Occupancy. Limited to no more than four consecutive nights and no more than 30 nights in any 12 month period;

(11)    Unattended RVs. The RVs are not left unattended beyond the specific event associated with the recreational use; and

(12)    Operating Permits. Annual operating licenses or permits as required by the Yakima County Fire Marshal, the Building Official and/or the Yakima Health District are secured as provided in YCC 19.34.081.

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

19.18.140 Cemetery Plots.

Cemetery and cemetery plots are subject to development standards in this Title and must meet state standards and other requirements in this Title, including a minimum setback for any cemetery plot from the centerline of rights-of-way as set forth in Chapters 19.11, 19.12 and 19.13. Other applicable setback State laws may apply.

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

19.18.150 Community Open Space Requirements.

The following provisions shall apply whenever community open space is proposed by the developer, or when required by a Reviewing Official under Type 2 or 3 Review, as a condition of approval, or when qualifying for a smaller minimum lot area when within the SR, R-1, R-2, R-3 or RS zoning districts.

(1)    Uses. The community open space may be used for recreation, shoreline access, landscaping, visual noise or land use buffer, drainage control, trails or pathways, shallow retention ponds, low-impact development purposes, or other uses approved by the Reviewing Official during project review. Uses authorized for the community open space shall be appropriate with the use, size and density of the proposed development and the natural features of the site.

(2)    Improvements. Community open space shall be improved for its intended use, but community open space containing critical areas or other natural features may be left unimproved. All structures and improvements permitted in the community open space must be appropriate with the authorized use and natural features of the community open space. Community open space may be used only for those uses specified in the approved final site plan.

(3)    Shared Outdoor Recreation Areas for Multifamily Residential Uses.

(a)    Any provided outdoor recreation space shall be usable for the shared or common use of all residents.

(b)    The required recreation space may include a combination of both outdoor and indoor public, common and private space.

(c)    Design of managed public and common outdoor recreation spaces and pedestrian accessways should provide for easy surveillance from multiple units in order to contribute to greater public safety.

(d)    All public and common outdoor recreation spaces shall equal one acre of recreation area for every 100 dwelling units, prorated for the number of dwellings proposed, exclusive of the 200 square feet per dwelling of outdoor living area required by Subsection 19.12.020(2)(e)(ii). This can be achieved through smaller multiple recreational areas if the cumulative percentage equals the required minimum amount.

(e)    The boundaries of public areas, such as streets or public gathering places, semi-public areas, such as transition areas between streets and dwelling units and private outdoor areas shall be clearly defined so a person can readily determine where the public space ends and the private space begins, such as by using one or more of the following:

(i)    A deck, patio, low wall, fence or other suitable structures;

(ii)    Landscaping, such as a hedge or draping vine on a trellis or arbor;

(iii)    A change in the texture of the path material;

(iv)    Signs; or

(v)    Substantial natural features, such as a drainageway or tree grove.

(4)    Location. The location, shape, size and character of the open space shall be suitable for the type of project. Generally, community open space shall be located:

(a)    Next to other open space areas;

(b)    To buffer the proposed development from neighboring developments; and

(c)    To provide access to recreation facilities or link recreational facilities with sidewalks or paths.

(5)    Retention and Maintenance. The final site plan shall include a provision, approved by the Reviewing Official, assuring the permanent retention and maintenance of the community open space. Such assurance may be in the form of restrictive covenants, dedication of open space to the public where such dedication will be accepted by the legislative body, a homeowner’s association, or any other method approved by the Reviewing Official. All legal documents to carry out this requirement shall be approved by the jurisdictional legal authority. The document shall identify a responsible individual or entity, such as a homeowners’ association, for maintenance and upkeep of the dedicated community open space. The document shall contain a provision vesting the County with the right to enforce the permanent retention and maintenance of the community open space and providing that, if community open space is permitted to deteriorate, or is not maintained in a condition consistent with the approved plan, and program, the County may at its option cause necessary maintenance to be performed and assess the costs to the owners of the property within the project. A document shall also provide for the collection of such costs by lien and/or direct civil action.

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

19.18.170 Reserved.

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

19.18.180 Drive-Through Facilities.

(1)    Review Required. Review under this Section is required in recognition of the potential impacts of drive-through uses on adjoining residential uses and transportation systems. Any commercial use having a drive-through service window or booth is subject to the additional elements of review required in Subsection (2) of this Section for impacts on adjoining residential uses and the transportation system.

(a)    Land uses other than financial institutions or espresso/coffee drive-through facilities located on properties that abut residential zones are subject to the following:

(i)    Those listed as Type 1 Permitted Uses shall require at least a Type 2 review and review under this Section, and

(ii)    Those listed in the Allowable Land Use Table 19.14-1 in Chapter 19.14 as Type 2 Administrative Uses shall require at least a Type 3 review and review under this Section.

(b)    The drive-through facility will not require a higher review level for financial institutions and espresso/coffee drive-through facilities on properties that do not abut residential zones, but the standards of this Section will apply.

(2)    Elements of Review. The review of a drive-through facility shall include consideration of impacts from the following: location in relationship to the building, sound-absorbing concrete noise barriers and other such alternative design strategies to address noise from the drive-through speaker and/or car radio, glare from vehicle head lights and exterior lighting fixtures, fumes to residential uses and impacts to transportation traffic flow and carrying capacity of the arterial street system.

(3)    Adult Sales Practices. Any commercial use that includes an adult sales practice as defined in YCC Chapter 5.06 shall be reviewed as an adult entertainment facility under Section 19.18.030.

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

19.18.190 Electric Vehicle Infrastructure.

(1)    Legislative Intent. This Section provides opportunities for electric vehicle infrastructure, as defined in Section 19.01.070, in all zoning districts in the County. These regulations are intended to:

(a)    Provide adequate and convenient electric vehicle charging stations, defined in Section 19.01.070, to serve the needs of the traveling public;

(b)    Provide opportunities for Yakima County residents to have safe and efficient personal electric vehicle charging stations at their place of residence; and

(c)    Provide the opportunity for commercial and industrial projects to supply electric vehicle charging station services to their customers and employees.

(2)    Applicability. Electric vehicle infrastructure is permitted as follows:

(a)    Electric vehicle charging stations equipped with Level 1 or Level 2 charging equipment, as defined in Section 19.01.070, as an accessory use in all zoning districts.

(b)    Rapid charging stations, defined in RCW 36.70A.695(5), also known as Level 3 charging in FW, R-10/5, RS, B-2, SCC, LCC, GC, HTC, M-1 and M-2 districts.

(c)    Battery exchange stations, defined in RCW 36.70A.695(5), in GC, HTC, M-1, and M-2 districts.

(3)    General Requirements. Installation of electric vehicle infrastructure must be consistent with the rules for electric vehicle infrastructure requirements adopted by the State Building Code Council and the Department of Labor and Industries for the installation of electric vehicle infrastructure. All wires and equipment that convey electric current and any equipment to be operated by electric current must be consistent with the standards in RCW 19.27.540 and 19.28.281.

(4)    Process.

(a)    An application to establish electric vehicle infrastructure must also obtain an electrical permit through Washington State Department of Labor and Industries.

(b)    Battery exchange stations that are an addition to an existing use require a Type 1 review process consistent with Chapter 19.30.

(c)    New battery exchange stations require a Type 2 review process consistent with Chapter 19.30.

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

19.18.205 Especially Sensitive Land Uses.

(1)    Legislative Intent. Special standards are enacted for setbacks and review criteria of especially sensitive land uses (ESLU) (as defined in Section 19.01.070) to ensure that such uses are located on the least productive portion of the property and/or do not adversely impact or significantly interfere with adjacent or nearby farming operations.

(2)    Setbacks. To provide a buffer between resource lands or uses and adjacent especially sensitive land uses, the following setbacks and considerations in reducing the setbacks are enacted:

(a)    Where any existing or proposed lot borders on agricultural, mineral resource or forest land, a building setback for especially sensitive land uses is required from the adjoining resource land or use as follows:

(i)    60 feet from any adjoining lot containing a commercial agricultural use in a rural zoning district;

(ii)    150 feet from an agriculture (AG) zoned lot, unless the application is to establish a lot line adjacent to a legally existing especially sensitive land use, in which case the building setback will be the standard structural setback along the line adjacent to the existing ESLU;

(iii)    200 feet from any forest-watershed (FW) zoned lot; and

(iv)    500 feet from property designated Mineral Resource overlay by the Comprehensive Plan.

(b)    Exceptions: The widths of the setbacks specified in Subsection (a) above may be modified as allowed by Section 19.35.020(6).

(3)    Review. Proposals for especially sensitive land uses shall be reviewed as provided in this Subsection according to the following criteria:

(a)    The proposal will not adversely impact, or interfere with accepted farm, forest or mining practices on adjacent or nearby AG or FW zoned land, or mineral resource designated land, respectively. Consideration shall include the type of agricultural, forest or mining activities in the area and the relative susceptibility to nuisance complaints;

(b)    The proposal uses mitigation measures to reduce the potential for land use conflicts and separate the site from active agricultural, forest or mining activities, such as: landscape buffers and screening identified in Chapter 19.21; special setbacks; 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 especially sensitive land uses; and

(c)    When in an AG zone, to the maximum extent possible, the especially sensitive land use shall be located on the least productive portion of the property.

(4)    Declarative Covenant Required. Where a proposed lot or use is within 500 feet of any agricultural, mineral or forest resource designated land, a declarative covenant shall be recorded indicating that the lot or especially sensitive land use is situated in an agricultural, mineral or forest resource area and, therefore, may be subject to noise, dust, smoke, odors, traffic and the application of chemicals resulting from commonly accepted practices associated with nearby agricultural, mineral extraction or forestry uses. Such covenant shall be in a form prescribed by the Reviewing Official.

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

19.18.210 Farm Labor Housing and Farm Dwellings.

Farm labor housing consists of temporary worker housing, farm labor dwellings and shelters, and accessory farm dwellings. They are regulated as follows:

(1)    State-Licensed Temporary Worker Housing. Temporary Worker Housing, defined in RCW 70.114A.020. This type of farm labor housing is developed to comply with the temporary worker housing requirements of RCW 70.114A and is subject to siting and licensing issued by the Washington Department of Health for on-site temporary worker housing. This also includes cherry harvest temporary labor camps regulated under Chapter 70.114A RCW.

(2)    Second Farm Dwellings and Farm Labor Shelters and Centers. Farm dwelling(s) for farm employees, laborers, and their families, not for temporary seasonal housing subject to RCW Chapter 70.114A are subject to the following:

(a)    Occupants. The dwelling units are used exclusively to house persons employed or otherwise actively participating in the farm and their family members.

(b)    Regulatory Compliance Required. The facilities shall conform to zoning, building and health regulations.

(c)    Access, Water Supply and Sewage Disposal. The location for the units will be reviewed to evaluate access, public safety considerations, and provisions for potable water and sewage disposal, with preference given to community systems.

(d)    Siting. The units shall be sited with consideration to minimizing negative effects on agricultural productivity of the site and adjoining farm operations, and minimizing effects on residences on neighboring properties.

(e)    Covenant Required. A covenant shall be recorded in a form acceptable to the County, stipulating the second farm dwelling or farm labor shelters/center are exclusively for use by farm employees, laborers and their family members.

(f)    Second Farm Dwelling. A second farm dwelling for a farm employee and family members, in addition to the primary single-family residence, shall be located on a lot at least 20 acres in size or one-half quarter-quarter section, including public right-of-way, that is primarily in active agricultural use.

(g)    Farm Labor Shelters and Centers.

(i)    Ownership. Farm Labor Shelters and Centers shall be owned and maintained by the owner or operator of an agricultural operation which evidences the need for farm laborers; or by an established non-profit organization, housing authority, growers co-op, or other corporate entity with a binding commitment to long-term maintenance and operation of the shelters/center; and

(ii)    Annual Inspection. Farm Labor Shelter and Center facilities are subject to an annual inspection for compliance with this Section.

(3)    Farm Labor Complexes. Farm labor complexes unrelated to the adjoining farming operations may be allowed as conditional uses in agricultural resource areas. These developments may provide either temporary or permanent housing, and may include farm labor camps, shelters, recreational vehicle parks, and facilities needed to serve the residents, including child care, recreation, etc. These facilities must meet or exceed all County design and development standards. Concerns of neighboring property owners and proposed management structures shall be given substantial weight in determining whether such complexes are appropriate.

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

19.18.220 Reserved.

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

19.18.230 Historic Landmark.

(1)    Historic Landmark Allowable Use Permits as defined in Section 19.01.070 are authorized by the Comprehensive Plan and this Title to ensure increased protection and provide for a variety of allowable uses for historic landmarks that will encourage rehabilitation and continued preservation of the unique qualities of these nonrenewable resources.

(a)    Permits. The County may authorize a Historic Landmark Allowable Use Permit where it has been determined that a more intensive use, not listed in the zoning district under permitted, administrative or conditional use, will encourage and facilitate the rehabilitation and preservation of the historic landmark.

(b)    Qualified Uses. To qualify as a historic landmark and be eligible for this permit, the property shall be:

(i)    Eligible for placement or on the National Register of Historic Places; or

(ii)    Recognized as being of historic significance by the Washington State Department of Archeology and Historical Preservation (DAHP); or,

(iii)    Have local historic significance within Yakima County as documented by a qualified historian or the DAHP.

(c)    Additional Requirements for Applications. Type 2 or 3 applications shall be accompanied by:

(i)    A statement of the landmark’s historic significance.

(ii)    A description of the physical appearance and condition of the landmark.

(iii)    A statement of need.

(iv)    Plans and specifications drawn to scale, showing the actual shape and dimensions of the lot to be used.

(v)    The sizes, shapes, dimensions and locations on the lot of all existing and any known previous structures.

(vi)    The historic, present, and intended use of each structure.

(vii)    The existing landscape and landscape features.

(viii)    The relationship of the property to the surrounding area.

(ix)    Black and white, 8 x 10 inch photographs of the exterior of the building, locations of required exterior alterations, and an explanation describing where the work is to be performed.

(x)    Proposed interior alterations required for the allowable use shall be shown on floor plans and specifications drawn to scale, showing the shape, size and dimensions of all interior spaces.

(xi)    Black and white 8 x 10 inch photographs of the interior architectural features, which shall show significant architectural features; a general feeling of the spaces; locations of required interior alterations with an explanation describing where the work is to be performed, and such other information as is needed to determine conformance with the comprehensive plan and this ordinance.

(d)    Criteria for Approval. To approve a Historic Landmark Allowable Use Permit, the County must find all of the following:

(i)    That the permit would be in conformance with the Comprehensive Plan.

(ii)    That the existing zoning district’s permitted uses do not allow the proposed use.

(iii)    That the proposed use is appropriate and will assist in preserving the significant physical characteristics of the historic landmark.

(iv)    That the physical changes necessary for the proposed use will not require substantial alteration, thus diminishing the historic significance of the historic landmark.

(2)    The County may require the historic landmark owner and permit holder to follow The Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, U.S. Department of the Interior, National Park Service, Washington, D.C., for the restoration and adaptive use of the historic structure.

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

19.18.240 Home Businesses.

(1)    Legislative Intent. A business within a single-family dwelling or accessory dwelling unit may be permitted under this Section. It is the intent of this Section to:

(a)    Ensure the compatibility of the home businesses with other uses permitted in the particular districts;

(b)    Maintain and preserve the character of residential neighborhoods;

(c)    Provide for a distinction between home businesses not subject to review and those that are minor and major home businesses; and

(d)    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.

(2)    Standards. Minor and major home businesses, as defined in Section 19.01.070, shall be subject to the following:

(a)    Use Type.

(i)    Minor home businesses are limited to those of a service character (typified by uses similar to one-chair beauty salon, one-table licensed massage therapist, caterer, mail-order business, etc.) but may include retail sales directly related to the home business.

(ii)    Major home businesses may include services, small-scale retail sales of products, mail-order businesses and storage of materials associated therewith. Major home businesses located outside of Urban Growth Areas and the RT and RS zoning districts may also include small-scale manufacturing, assembly, or repair operations.

(b)    Who May Conduct Business.

(i)    Minor home businesses shall only be conducted by members of the family residing in the dwelling.

(ii)    Major home businesses shall be conducted by members of a family residing in the dwelling, except the Reviewing Official may authorize the family to employ no more than two non-resident individuals to assist with the home business.

(c)    Business Conducted within Dwelling.

(i)    Minor home businesses shall be conducted within the dwelling unit and/or attached garage. The floor area devoted to the home business shall not exceed 30% of the floor area of the home and attached garage.

(ii)    A major home business may be conducted within a single-family dwelling, two-family dwelling, attached or detached garage, or an accessory structure only. The floor area devoted to the home business shall not exceed:

(A)    30% of the floor area of the home and garage in Urban Growth Areas and RT and RS zones; or

(B)    30% of the floor area of the home, garage and accessory structure outside of Urban Growth Areas and RT and RS zones. The outward appearance and scale of any accessory structure shall be secondary and subordinate to the primary use of the property and the purpose of the zoning district.

(d)    Outdoor Storage Prohibited. There shall be no outside storage of materials, supplies, or display of goods or equipment of any kind related to the home business, except:

(i)    One commercial vehicle as it pertains to a minor home business; or

(ii)    Employee parking and one commercial vehicle as it pertains to a major home business.

(e)    Location and Number of Parking Spaces. Any need for any customer parking created by the home business, and for any employees if a major home business, shall be provided in a location so as to preserve the property’s residential character, including on or off-street, or in a location other than the required front yard setback, as approved by the Reviewing Official; provided, that a home business shall not be approved if it generates a need for additional parking spaces, exclusive of those necessary to serve other land uses on site, for customers (and/or employees) in excess of:

(i)    Two additional parking spaces for a minor home business; or

(ii)    Two additional parking spaces for a major home business within Urban Growth Areas and RT and RS zones; or

(iii)    Four additional parking spaces for a major home business outside of Urban Growth Areas and RT and RS zones.

(f)    Exterior Appearance, Emissions and Character. There shall be no exterior evidence of the major or minor home business, other than a permitted sign and allowed vehicles for deliveries, employees (if a major home business), and customers, that would cause the premises to differ from its residential character: e.g., outward physical appearance, including commercial accessibility; lighting; the generation/emission of noise, fumes, or vibrations as determined by the Reviewing Official using normal senses and from any lot line; create visible or audible interference in radio or television reception or cause fluctuations in line voltage outside the home business. Photos of the home’s full exterior appearance shall be submitted with each home business application to document the home’s appearance prior to establishment of a home business.

(g)    Water and Sewer Use. The home business shall not increase water or sewer use so the combined total use for the dwelling and home business is significantly more than the average for residences in the neighborhood.

(h)    Restricted Hours for Deliveries. No deliveries or customers, by motor vehicle, shall occur between the hours of 8:00 p.m. and 7:00 a.m.

(i)    Sign Area. Signage shall be limited to one nameplate of up to two square feet in the Urban Growth Area, RT, and RS zones, and up to eight square feet in other zones.

(j)    Business Not Transferable to Future Property Owners. Approval of a home business shall benefit only the individuals making the application and shall not be transferable to future property owners. Further continuation of the home business shall be subject to new review upon property transfer.

(3)    Minor Home Businesses Not Subject to Review. Minor home businesses that are limited to those of a home office character (typified by uses similar to an accountant, tax preparer, business administration) are not subject to Type 1 Review if they meet the standards listed in Subsection (2) above.

(4)    Uses Not Permitted as Home Businesses. 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 businesses, interfere with or impair the use and value of adjoining properties, or violate the restriction of no exterior evidence (e.g., outward physical appearance; outside storage of materials, supplies or vehicles; generate noise, dust, fumes, odors, electrical interference, vibrations, excessive traffic, etc.). Therefore, the uses listed below shall not be permitted as home businesses:

(a)    Adult entertainment facilities;

(b)    Beauty salons and barber shops with more than one chair;

(c)    Boarding or lodging houses;

(d)    Churches;

(e)    Construction contractors other than for home business administration under Subsection (3) above;

(f)    Dry cleaning;

(g)    Equipment rental businesses;

(h)    Gift shops, craft stores, second hand stores, antique stores;

(i)    Home businesses prohibited by covenants, conditions and restrictions (CC&Rs);

(j)    Kennel, veterinary clinic; or hospital;

(k)    Large item repair, including stoves, refrigerators, washers and dryers, etc.;

(l)    Motor vehicle, trailer or boat maintenance, repair, detailing, painting, electronics installation and body shops;

(m)    Overnight lodging facilities;

(n)    Private clubs;

(o)    Restaurants, taverns;

(p)    Towing services;

(q)    Trucking businesses or storage, except for the parking or storage of one commercial vehicle and trailer used solely by the owner/operator residing on the premises; provided that no refrigerator trucks shall be allowed;

(r)    Uses using or storing highly explosive or combustible materials on the premises (not including ammunition associated with gunsmithing);

(s)    Veterinary clinic; and

(t)    Vehicle sign painting (except for airbrushing and applying decals).

(5)    Uses Not Permitted as Home Businesses in Urban Growth Areas, RT, or RS Zones. In addition to the uses listed above, the following uses have characteristics that would impair the use and value of a residentially zoned area for residential purposes. Therefore, the uses listed below shall not be permitted as home businesses within Urban Growth Areas or areas zoned Rural Transitional or Rural Settlement:

(a)    Cabinet making, wood furniture repair and refinishing, woodworking or carpentry shops;

(b)    Health salons, spas, gymnasiums, martial arts schools, dance studios, aerobic exercise studios;

(c)    Machine and sheet metal shops;

(d)    Taxidermist;

(e)    Upholstering; and

(f)    Firearms sales, except orders by mail, and/or gunsmiths.

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

19.18.250 Kennels.

(1)    Legislative Intent. This Section provides such standards to allow the location of commercial and foster shelter kennels within Yakima County land use jurisdiction. These standards apply to all zones that allow commercial and foster shelter kennels.

(2)    Applicability. This Section applies to commercial and foster shelter kennel facilities for more than six dogs. Kennels defined by YCC Subsection 8.36.020(12), including commercial and foster shelter kennels for more than six dogs, and hobby kennels for ten or fewer adult dogs, are subject to an additional kennel license required by Yakima County Sheriff – Animal Control. All kennels of whatever size shall be operated in compliance with Yakima County Code public nuisance and noise codes.

(3)    Standards Applicable to Commercial and Foster Shelter Kennels.

(a)    The applicant/owner demonstrates compliance with all applicable dimensional standards of federal, state and local statutes (RCW 16.52.310, YCC Chapter 8.36) including public nuisance YCC Chapter 6.20 and noise codes (YCC Chapter 6.28).

(b)    The structures and outside runs or areas, when allowed, housing the animals shall be at least 200 feet from any dwelling (other than the dwelling of the owner) and more than fifty feet from any property line.

(c)    Outside runs or areas, where permitted, are enclosed by a solid fence or wall that will abate noise and area landscaped to a Standard C visual screen as set forth in Chapter 19.21.

(d)    In the B-2 and GC zones adjacent to residential uses and districts (RT, SR, R-1, R-2, R-3), animals are to be continuously within a soundproof building.

(e)    Indoor sleeping areas are to be provided for animals within a completely enclosed structure during the hours of 9:00 pm to 7:00 am.

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

19.18.260 Linear Transmission Facilities.

(1)    Legislative Intent. This Chapter establishes standards and criteria for development and expansion of linear transmission facilities and accessory uses. The purpose is to achieve a predictable, but sensitive permitting process that effectively and efficiently addresses project impacts. Specifically, these standards and criteria are provided to:

(a)    Assure that each linear transmission facility project will be subjected to individualized review and the imposition of conditions will be based on site specific information;

(b)    Ensure uniform, coordinated development of linear transmission facility operations and to ensure the general health, welfare and safety of the residents that may be located within the impact areas of the operations developed under these standards.

(2)    Applicability. Linear transmission facility operations are subject to the requirements of this Section in addition to the requirements of the zoning districts and other provisions of this Title.

(3)    Application Requirements. In addition to the required application contents specified for Type 2 applications in Title 16B and Chapter 19.30, the applicant shall submit a supplement to the SEPA environmental checklist and other documents as follows:

(a)    SEPA Checklist Requirements. The supplemental checklist shall (in addition to being consistent with the SEPA Checklist required under YCC Chapter 16.04) provide analysis of impacts to elements of the environment, as noted in the SEPA Checklist required by YCC Chapter 16.04 and WAC Chapter 197-11 and explain the mitigation proposed to minimize those impacts. Site specific studies, including but not limited to, impacts to habitat/wildlife (including avian impacts), a road impact assessment, cultural resource impacts, and a grading and stormwater management plan, complying with state best management practices stormwater quality standards, shall be attached to the supplemental checklist. All terrestrial habitat, critical area assessments, and cultural resource studies required shall be conducted within identified study corridors of sufficient width and dimension to enable comprehensive environmental assessment while allowing flexibility in the final layout.

(b)    Site Plan Requirements. The supplemental checklist shall include sufficient information, including a preliminary site plan, to adequately describe the proposal and its impacts, including but not limited to, information on the total square footage of buildings to be constructed, probable sources/quantities of aggregate to be used in construction, the maximum height and number of transmission towers (etc.), expected noise generation levels, the length and width of new roads and the length of power lines, sources of water (for dust suppression, concrete batch plant, etc.) and transportation impacts. Survey corridor locations shall be described and included on the site plan.

(c)    SEPA Checklist if EIS Has Been Prepared. Where the applicant is required to prepare an Environmental Impact Statement (EIS), the supplemental checklist may not be required, as this information may be provided as part of the EIS.

(d)    EIS Documentation. If an EIS has been prepared under NEPA, the applicant shall document the sufficiency of that EIS’s compliance with the requirements of this Title and YCC Chapter 16.04. Nothing in this Section shall preclude the SEPA Responsible Official from requiring additional studies or supplemental documentation to describe or mitigate potentially significant adverse environmental impacts.

(e)    Determination of Application Completeness. An application for review under this Chapter shall not be deemed complete until the identified reports are provided. Upon a clear showing by the applicant that a study is not applicable or is unnecessary, the Administrative Official/SEPA Responsible Official may waive specific application requirements. Such a determination shall be documented in writing in the project file.

(4)    Review Process for Linear Transmission Facilities. The review process for linear transmission facilities shall be as listed in the Allowable Land Use Table 19.14-1 in Chapter 19.14 and as follows:

(a)    Pre-application Conference Required. A pre-application conference as described in YCC Title 16B is required prior to applying for linear transmission facilities. Pre-application conferences for linear transmission facilities are required prior to the community meeting described in Subsection 19.18.260(4)(b) below. The submittal requirements for pre-application conferences shall include a site plan of the entire project, a written narrative describing the proposal, draft environmental checklist, other information as specified by the Administrative Official, and any additional information that the applicant wishes to provide.

(b)    Community Meeting Required.

(i)    Prior to application submittal for linear transmission facilities, the applicant shall conduct a community meeting to discuss the proposal to ensure that potential applicants pursue early and effective citizen participation in conjunction with their proposal, giving the project proponent the opportunity to understand and try to mitigate any real and perceived impact their proposal may have on the neighborhood and ensure that the citizens and property owners of the area have an adequate opportunity to learn about the proposal that may affect them and to work with project proponents to resolve concerns at an early stage of the application process. The community meeting may be combined with other required public meetings. The community meeting shall meet the following requirements:

(A)    Notice of the community meeting shall be provided by the applicant by first-class mail or postcard and shall include the date, time and location of the community meeting and a description of the project, zoning of the property, site and vicinity maps and the land use applications that would be required.

(B)    The notice shall be provided at a minimum to property owners of real property, as listed on the most current Yakima County Assessor’s records, located 660 feet from each side of the exterior limits of the Linear Transmission Facility, to interested or affected public agencies with jurisdiction, to affected Indian tribes, to cities and towns affected by the proposal, and to the Yakima County Planning Division.

(C)    The notice for linear transmission facility proposals must be placed as a display ad in the Yakima Herald-Republic.

(D)    The notice shall be postmarked ten to fourteen days prior to the community meeting.

(E)    The community meeting shall be held within the geographic boundary of Yakima County.

(F)    The community meeting shall be held anytime between the hours of 5:30 and 9:30 p.m. on weekdays or anytime between the hours of 9:00 a.m. and 9:00 p.m. on weekends.

(G)    The community meeting agenda shall cover the following items: 1. introduction of community meeting organizer (i.e., developer, property owner, etc.); 2. description of proposed project; 3. list of permits that are anticipated for the project; 4. description of how comments made at the community meeting are used; 5. provide meeting attendees with the County’s contact information; and 6. provide a sign-up sheet for attendees.

(ii)    The applicant shall provide to the Planning Division a written summary of the community meeting prior to application submittal. The summary shall include:

(A)    A copy of the mailed and published notice of the community meeting with a mailing list of property owners notified.

(B)    Who attended the meeting (list of persons and their addresses).

(C)    A summary of concerns, issues, and problems expressed during the meeting.

(D)    A summary of concerns, issues, and problems the applicant is unwilling or unable to address and why.

(E)    A summary of proposed modifications, or site plan revisions, addressing concerns expressed at the meeting.

(iii)    The applicant shall post online and send electronically the summary of the community meeting to those who attended the community meeting, signed in and provided a legible email address and provide Yakima County with proof of the web posting and a list of email recipients. Attendees without email access may request the summary of the meeting by mail.

(c)    Type 2 Review. Review of applications for linear transmission facilities shall be according to the procedures for Type 2 review as provided by Section 19.30.030 and YCC Section 16B.03.030 and:

(i)    Following a pre-application conference and a community meeting the applicant may apply under this Chapter and this code.

(ii)    Notice of the proposal shall be sent to all property owners located 660 feet from either side of the exterior limits of the Linear Transmission Facility.

(iii)    Type 2 review of an application may be conducted with SEPA. The Administrative Official shall require necessary safeguards, conditions and SEPA mitigation to ensure the project complies with the Comprehensive Plan policy, this Title and other regulations.

(d)    Micro-siting. Actual final locations of all applicable linear facilities shall be established during the micro-siting process, occurring after project permit approval and prior to or during actual construction. During the micro-siting process (when the final, exact locations of the applicable facilities and other project elements and equipment are determined) the applicant shall provide information regarding several technical and engineering factors, including, as applicable:

(i)    Limitations imposed by the terrain, feasibility of access, setbacks (internally established or based on permit requirements),

(ii)    Geotechnical considerations (subsurface conditions),

(iii)    Environmental restrictions (avoidance of sensitive habitat),

(iv)    Inadvertent Discovery Plan, under Subsection 19.18.260(7)(i) below,

(v)    On-site Health and Safety Plan and Spill Prevention/Emergency Cleanup Plan, under Subsection 19.18.260(7)(l) below,

(vi)    Road Impact Assessment, under Subsection 19.18.260(7)(m) below,

(vii)    Cultural/archaeological restrictions,

(viii)    Telecommunications constraints (line of sight microwave paths),

(ix)    FAA requirements, and

(x)    Other site-specific studies as determined by the Administrative Official.

The Administrative Official shall review final project lay-out prior to construction activities occurring. If the linear transmission facility extends beyond the initial corridors approved in the preliminary approval, before completing review, the Administrative Official shall provide at least two weeks’ notice to parties who have requested notice regarding the project. The lay-out must be consistent with the permit conditions and all other applicable County requirements.

(e)    Minor Revisions. The Administrative Official may approve minor revisions, as defined in Section 19.01.070, to the Type 2 decision text or project area. Minor revisions include adding property to a project which does not realign the corridor or increase the permitted project area by ten percent. A survey may be required to confirm the acreage. Any minor revision that involves expansion or realignment of the project area, which may impact wildlife/habitat values shall include WDFW consultation.

(f)    Final Operational Layout Review Required.

(i)    It is the affirmative duty of a project permit holder and the land owner to comply with any safeguards and conditions made a part of the terms under which approving a project permit was granted as authorized by this Title.

(ii)    The Administrative Official shall review final linear facility operational layouts prior to issuance of building permits to ensure compliance with permit conditions. When the safeguards and conditions of the project permit have been met within the timeframe specified by the decision and any subsequent extension authorized by this Title, the Administrative Official shall issue a letter documenting operational layout review compliance.

(iii)    No development permit may be issued without a final operational layout review issued by the Administrative Official, which may include by reference or otherwise, any terms and conditions of approval for the project with any approved final site plan. No linear transmission facility shall be entitled to a development permit until and unless the Administrative Official approves a final site plan. The final operational layout review is not a building or development permit and does not by itself authorize the construction or occupancy of any use or structure.

(5)    Review Criteria.

(a)    The Reviewing Official shall only approve applications for linear transmission facilities that meet all of the following criteria. Linear transmission facilities shall:

(i)    Be designed to serve a broader community or regional area or to increase reliability or capacity to customers;

(ii)    Accommodate the anticipated type and level of traffic for the construction and maintenance of the linear transmission facility project by ensuring state and local transportation systems and private access and service road(s) are adequate;

(iii)    Be compatible with existing or planned land use patterns in the area;

(iv)    Demonstrate the need for the location proposed to the satisfaction of the Administrative Official, including a full accounting of alternative locations and sites;

(v)    Certify compliance with all Federal Energy Regulatory Commission (FERC) requirements and the National Electrical Safety Code (NESC) requirements;

(vi)    Comply with the requirements of Subsection 19.18.260(7), Basic Standards of Operation; and

(vii)    Incorporate measures identified through environmental review to mitigate impacts as follows:

(A)    The applicant shall evaluate the physical, economic and aesthetic impacts of such facilities and measures, to mitigate these impacts provided and implemented;

(B)    Incorporate project specific mitigation measures and conditions to mitigate adverse project impacts. The conditions and mitigation measures shall be based on site specific studies provided by the applicant and other relevant environmental review;

(C)    Conditions shall be designed to address each element of the environment discussed in the supplement to the environmental checklist (or EIS), including but not limited to, surface/groundwater; plants; habitat/wildlife (including avian impacts); cultural resources; health and safety; and traffic/transportation.

(6)    Lot size/Right of Way. Minimum lot size or right of way for establishing a linear transmission facility operation shall be sufficient to demonstrate the following:

(a)    The linear transmission facilities shown on the site plan and allowed by this Chapter may be accommodated on the lot, or contiguous lots;

(b)    The applicant shall secure the necessary property or right-of-way to assure for the proper construction, maintenance, and general safety of properties adjoining the linear transmission facility;

(c)    Sufficient right of way is acquired to accommodate the linear transmission facility to maintain minimum National Electrical Safety Code (NESC) and Federal Energy Regulatory Commission (FERC) clearances;

(d)    Where practical and feasible, developers should use common/adjacent transmission easements and facilities.

(7)    Basic Standards of Operation. All linear transmission facilities authorized by this Chapter must conform to the following standards:

(a)    Site Plan. Linear transmission facility operations shall be conducted under an approved site plan as indicated in the application requirements in Subsection 19.18.260(3) above and conditions of permit approval. The site plan shall indicate the following:

(i)    Existing features such as contours, large trees, buildings, structures, roads (rights-of-way), utility easements, land use, zoning district, ownership of property, and vehicular access;

(ii)    The location of proposed transmission towers, underground and overhead conductors (including the depth of underground conductors), access roads (including width), substations and accessory structures;

(iii)    Excluded areas resulting from critical area buffers or other setbacks and other requirements of local, state or federal law that may impact the proposal;

(iv)    A description of the routes to be used by construction and delivery vehicles and of any road improvements that will be necessary in the County to accommodate construction vehicles, equipment or other deliveries, caused by construction of the linear transmission facility operation;

(v)    Engineering and design information concerning construction of the facility and its foundation;

(vi)    Anticipated construction schedule; and

(vii)    Description of operations, including anticipated regular and unscheduled maintenance.

(b)    Responsible Party. The owner and operator of the facilities shall be held responsible for compliance with this Title. The owner and operator of the facilities shall be required to maintain in the County’s file a designated agent residing within Washington State to receive notice in compliance matters and to address complaints.

(c)    Water Quality. Linear transmission facility operations shall be operated in compliance with all local, state and federal water quality regulations.

(d)    Air Quality. Linear transmission facility operations shall be operated in compliance with all local, state and federal air quality regulations.

(i)    Re-vegetate any disturbed areas not permanently occupied by the project features;

(ii)    Maintain a water truck on-site during construction for dust suppression;

(iii)    Control, to the greatest extent practicable, the emission of gases or matter odorous at any point beyond the property line of the use emitting the odor shall be controlled to the greatest extent practicable, as may be usual and customary for the specific use or industry; and

(iv)    Comply with the Washington State Department of Ecology or Yakima Regional Clean Air Agency requirements.

(e)    Noise.

(i)    Maintain sound levels at project boundaries under the maximum levels for the adjacent receiving properties based on the receiving properties’ environmental designation for noise abatement per WAC 173-60; and

(ii)    Comply with applicable state and federal noise control regulations and YCC Title 6.28.

(f)    Vegetation and Wildlife.

(i)    Limit construction disturbance by flagging the limits of construction and conduct ongoing environmental monitoring during construction to assure that flagged areas are avoided;

(ii)    Projects located within agricultural areas must develop and utilize a reseeding/restoration and weed management plan in consultation with the Washington State or Yakima County Noxious Weed Control Board during construction of the project; and

(iii)    Overhead collector lines and transmission lines (defined in Section 19.01.070) should be constructed consistently with the existing Avian Power Line Interaction Committee (APLIC) recommendations for raptor protection on power lines (including minimum conductor spacing and the use of anti-perch guards).

(g)    Critical Areas and Shorelines. Structural foundations and towers shall be designed under National Electrical Safety Code (NESC), YCC Title 16C and, as applicable, YCC Title 16D.

(h)    Water Resources. Water availability shall be demonstrated as needed for the project. For all projects, water required for onsite use shall be obtained under state and local requirements.

(i)    Cultural Resources.

(i)    Complete a cultural resource survey of areas of the project site that will be disturbed temporarily or permanently. The cultural resource survey shall be submitted to the County Planning Division and the Washington State Department of Archaeology and Historic Preservation for review at least sixty days prior to any kind of land disturbing activities;

(ii)    During construction, flag and avoid cultural resources, and monitor construction activities to ensure all cultural properties are avoided;

(iii)    An approved Inadvertent Discovery Plan (IDP) shall be prepared for each project. The IDP will outline the procedures to be followed in the case of inadvertent archaeological finds and/or human remains. The IDP shall include training for construction workers on the need to avoid cultural properties and procedures to follow if previously unidentified cultural properties, including Indian graves, are encountered during construction; and

(iv)    If any previously unidentified cultural resource properties are encountered during construction, cease construction activities in the immediate vicinity of the site pending evaluation by a professional archeologist and consultation with the County Planning Division and the Washington State Department of Archaeology and Historic Preservation to identify appropriate mitigation measures such as avoidance or scientific data recovery.

(j)    Setbacks.

(i)    Linear transmission facilities shall observe the minimum setbacks allowed through the National Electrical Safety Code (NESC) and the Federal Energy Regulatory Commission (FERC). Additional setback distance may be required for addressing public safety or based upon other project impacts, as determined by the Reviewing Official as a result of the environmental review. Substations, transformers, and other components of linear transmission facilities shall be subject to greater setbacks as determined necessary to provide compatibility with existing uses.

(ii)    Especially Sensitive Land Uses shall observe the following minimum setbacks.

(A)    Construction or expansion of Especially Sensitive Land Uses shall be setback a minimum of 25 feet from the edge of the linear transmission facility easement.

(B)    Additional setback distance may be required for Especially Sensitive Land Uses to address public safety or based upon project impacts, as determined by the Reviewing Official as a result of the application review.

(iii)    The Administrative Official may reduce the setback due to site-specific conditions and an applicant’s demonstration that the purpose of this Section will be met.

(iv)    If the Administrative Official reduces the setback, the following applies:

(A)    The setback shall be a minimum of 30 feet from the nearest linear transmission facility and shall comply with applicable National Electrical Safety Code (NESC) and Federal Energy Regulatory Commission (FERC) setback requirements.

(B)    The setback shall be measured from the nearest edge of the linear transmission facility.

(C)    Applicants shall show the location of a linear transmission facility and setbacks on site plans and subdivision plats.

(v)    Setback Protection. Setbacks shall be identified and protected during construction of Especially Sensitive Land Uses by placement of a temporary barricade and on-site notices. Barricades and on-site notices are subject to review by the Building Official.

(vi)    As a condition of any relief granted under this Section, the applicant shall be required to record a declarative covenant notifying all subsequent purchasers that a lesser setback from the linear transmission facility has been approved and of any and all conditions placed on the grant of relief.

(k)    Height Limits. Height limits are not set for utility towers and transmission lines. However, the County may place reasonable limitations on height (or impose other alternative mitigation) to mitigate impacts to existing uses or if necessary to address impacts to public safety.

(l)    Public Safety.

(i)    The applicant shall develop and maintain an On-Site Health and Safety Plan that informs and trains employees and others on site what to do in case of emergencies, including the locations of fire extinguishers and nearby hospitals, telephone numbers for emergency responders, first aid techniques, and other safety procedures and information.

(ii)    For projects in which hazardous substances are stored or used, a Spill Prevention and Emergency Cleanup Plan will be designed to assist on-site workers with accidental releases. Any large spill will require emergency response through the local fire department or designated contractor.

(iii)    Signs warning of electrical dangers with emergency contact numbers (e.g. phone numbers of emergency responders) must be posted in compliance with all applicable standards.

(m)    Roads.

(i)    When required, a Road Impact Assessment shall be prepared by an independent qualified consultant selected by Yakima County and paid for by the applicant for roads to be used by the project. The Assessment shall include an analysis of project-related traffic routes to be used during phases of construction, project operation and decommissioning (i.e. traffic volumes, weights, frequency, time of year of use, etc.); the Plan shall include an assessment of existing road conditions (e.g. pavement width, intersection designs, subgrade condition, surface conditions, existing traffic use/volumes). The Assessment should also address project-related developments of new surface aggregate mines and batch plants necessary for road construction.

(ii)    A Road Haul Agreement addressing impacts to county-maintained roads may be prepared in consultation with the County Engineer and approved prior to preliminary approval.

(n)    Requirements for Land Use Compatibility within Liquid or Gas Pipeline Corridors.

(i)    Especially Sensitive Land Uses. New and expanded Especially Sensitive Land Uses, proposed for location within 500 feet of a liquid or gas pipeline corridor shall at a minimum be designed by a qualified design professional to avoid increasing the level of risk if a pipeline failure occurs, and where feasible, reduce the risk compared to the existing development (see Section 19.18.205).

(ii)    Other Development. Applicants for the following types of new or expanded development in Urban Growth Areas, RT and RS zoning districts shall use appropriate mitigation measures to help reduce adverse public safety impacts if a pipeline failure occurs:

(A)    Commercial or industrial.

(B)    Especially Sensitive Land Uses proposed for locations not covered by Subsection 19.18.260(7)(n)(i) above.

(C)    Other use developments as required by the Administrative Official that, because of proximity to a liquid or gas pipeline corridor, pose a safety concern due to characteristics of the occupants, development, or site.

(iii)    Mitigation measures intended to reduce risk and minimize impact if a pipeline failure occurs, include but are not limited to:

(A)    Site and building design techniques such as maximizing the distance between new or expanded development and anticipated flow paths for leaking hazardous materials and controlling ignition sources.

(B)    Emergency procedures such as emergency plans and guides, employee training and drills, and education programs for occupants and employees concerning pipeline safety, such as what to be aware of and how to respond if a problem occurs.

1.    Applicants shall consult with the Fire Marshal regarding the level of emergency planning and procedures appropriate for the proposed development. Based on the nature, occupancy, or location of a proposed development, the Yakima County Fire Marshal may require emergency plans and procedures for any occupancy classifications.

2.    Emergency plans and procedures shall be consistent with the Yakima County Fire Code and shall be approved by the Yakima County Fire Marshal.

(8)    Compliance with Project Conditions.

(a)    Compliance with project conditions and code requirements is required.

(b)    A written request may be filed with the Administrative Official prior to the expiration date for extension of the time specified in the project permit as set forth in YCC Section 16B.07.050 and Chapter 19.30.

(c)    A request to transfer a linear transmission facility development authorization to a new permit holder requires confirmation of compliance with project conditions, and may require re-execution of agreements or other documents entered into during and after project permitting to address impacts or related issues.

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

19.18.270 Manufactured Homes Regulated for Purposes of Siting as Site-Built Homes.

Manufactured homes that comply with the following five requirements may be sited in the same manner, and subject to the same conditions, as a site-built home, notwithstanding any other requirements of this Title as authorized by RCW 36.01.225. The manufactured home shall be:

(1)    A new manufactured home not been previously titled to a retail purchaser and is not a “used mobile home” as defined in RCW 82.45.032(2);

(2)    Set upon a permanent foundation (same as pit set), as specified by Yakima County, and the space from the bottom of the home to the ground is enclosed by concrete, approved concrete product, or other product with equivalent compatibility approved by the Building Official, which can either be load bearing or decorative;

(3)    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)    Thermally equivalent to the state energy code; and

(5)    In compliance with all other requirements for a designated manufactured home as defined by RCW 35.63.160.

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

19.18.280 Manufactured/Mobile Home Park Standards.

(1)    Legislative Intent. This Section establishes standards and criteria for development and expansion of mobile/manufactured home parks within Yakima County. These standards are provided to ensure uniform, coordinated development of mobile/manufactured home parks and to ensure the general health, welfare and safety of the occupants of mobile/manufactured homes that may be located within a park developed under these standards.

(2)    Approval Process. Proposed new or expanded mobile/manufactured home parks shall be subject to Type 2 binding site plan review under Chapter 19.34 and a Type 2 or higher review as indicated for the Allowable Land Use Table 19.14-1 in Chapter 19.14.

(3)    Development Standards. All mobile/manufactured home parks shall be developed in compliance with the underlying zoning district and shall comply with this Section. The density of a park or park expansion shall not exceed the density of the underlying zoning district. All required site improvements shall be installed prior to placement of units in the park. Additional site improvements may be required by the Reviewing Official.

(a)    Minimum Space Size and Width. The minimum space size and width for a mobile/manufactured home park exclusive of streets shall meet the lot size, lot width and all other standards for detached single-family dwellings, as indicated in Chapters 19.11 through 19.13 of this Title, as if the spaces were lots. Space size may be reduced with the provision of improvements in accordance with the following:

(i)    Provision of Recreational Areas. Space size requirements of the underlying district may be reduced by a maximum of ten percent with the provision of a developed recreational area for use by the residents. The area shall be suitable for active recreation and shall consist of a minimum of ten percent of the park area and shall be exclusive of the play area requirement under Subsection 19.18.280(4)(m)(i) below.

(ii)    Provision of Sidewalks. Space size requirements of the underlying district may be reduced by a maximum of ten percent with the provision of sidewalks a minimum of four feet in width, serving at least one side of each street and all recreational areas with access to the street providing access to the development.

(iii)    Provision of Curbs, Gutters and Sidewalks. Space size requirements of the underlying district may be reduced by a maximum of ten percent with the provision of curbs, gutters and sidewalks on both sides of the street.

(iv)    Cumulative Space Size Reduction. Space size may be reduced up to 20% with the provision of any combination of items in Subsections (3)(a)(i) through (iii) of this Section.

(b)    Street Connectivity. If determined by the County Engineer that the internal street design for the proposed mobile/manufactured home park would restrict or eliminate future county road connections he/she may require that the park’s proposed internal streets be designed and constructed to allow for future street connectivity under the connectivity requirements of Chapter 19.23.

(c)    Internal Street Paving. A minimum of 24 feet of paved internal street shall be required for access to each unit, paved under Chapter 19.23.

(d)    Off-Street Parking. Two paved off-street parking spaces shall be provided for each unit under this Title and Chapter 19.22. Garages or carports, if provided shall be setback a minimum of 18 feet from the edge of the street or back of structure, sidewalks or pedestrian walkways.

(e)    Street Lighting. A street light shall be provided at each street intersection within the park.

(f)    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 County is provided to guarantee installation of improvements. All other development standards of this Title or regulations adopted by County, City or State, when applicable, (e.g. Chapter 19.23) shall be met, except when installation of permanent improvements would likely result in unnecessary future public cost; in which case the developer may be required to place a proportional share of funds in escrow to be applied to the future improvements.

(g)    Street Signs and Internal Directional Signs. All streets within the park shall be named utilizing street signs consistent with Yakima County standards. Internal directional signs indicating unit/space numbers shall be placed on all street intersections within the park.

(h)    Utilities. All utilities, including irrigation and domestic water and sewer, shall be installed prior to placement of units in the park. All utilities, including electrical distribution, telephone, and cable TV, shall be installed underground. The internal water system shall include fire hydrants located at the direction of the Fire Marshal.

(i)    Minimum Unit Separation. Units shall be separated by a minimum of ten feet, measured from the furthest extremity of each unit, including stairways.

(j)    Perimeter Site-Screening and Landscaping. The perimeter of a park shall be site-screened with a Standard C Visual Screen under Chapter 19.21 or a six-foot-high, decorative fence in combination with a minimum a ten-foot-wide landscape strip adjacent to the street side of the fence and within the park consisting of a combination of shrubs, trees and groundcover. The Reviewing Official may require a higher screening standard as needed to resolve land-use compatibility questions or issues of record. Trees shall be planted no more than thirty feet apart.

(k)    Stormwater Drainage. All stormwater drainage shall be retained on site, and a drainage plan shall be approved by the County.

(l)    Dumpsters/Solid Waste Containers. Dumpsters and solid waste containers shall be provided for common use.

(m)    Play Area Requirement.

(i)    Each unit shall provide a play area for children contained within the unit’s space, consisting of a minimum size of 600 square feet and a minimum width of 15 feet.

(ii)    For developments that provide a common recreational area of a minimum of 400 square feet per unit, each space shall provide a minimum of 200 square feet of outdoor living area per unit.

(4)    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 park 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.

(5)    Development under Planned Development Provisions of this Title. Development of a manufactured/mobile home park may be accomplished under the planned development provisions of this Title.

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

19.18.290 Manufactured/Mobile Home Placement.

(1)    Legislative Intent. These provisions are intended to assure the siting of manufactured/mobile homes is compatible with surrounding residential uses and preserves the general character and integrity of urban and rural neighborhoods. In addition to the specific regulations within each use district of this Title, the following regulations shall apply to placing all manufactured homes and mobile homes:

(2)    General Requirements for Mobile Homes and Manufactured Homes Not Meeting Section 19.18.270. All mobile and manufactured homes, other than designated manufactured homes meeting Section 19.18.270, shall:

(a)    Have permanent steps or inclined plains affixed to all entrances;

(b)    Maintain a minimum crawl space of 18 inches under the entire unit;

(c)    Have permanent skirting or sidewalls installed to enclose all areas between the lower edge of the outside walls and the ground;

(d)    Be placed and anchored per the manufacturer’s installation instructions or per the design of a professional engineer or architect licensed in Washington {WAC 296-150M-610 (1)(C)};

(e)    Have the tow tongue and axles removed.

(3)    Siting Requirements Outside Manufactured Home Parks. Manufactured homes shall also be required to meet the four siting requirements listed below, unless the home is being located in a manufactured/mobile home park:

(a)    Roof slope shall be not less than a two-foot rise for each 12 feet of horizontal run.

(b)    Roofing materials shall be compatible in appearance with surrounding site-built homes, and consistent with fire safety standards.

(c)    Siding materials shall be wood, masonite, or other material compatible with surrounding site-built homes.

(d)    Pit Set. Except in floodplains, manufactured homes shall be “pit set”, with the bottom of the floor joist or frame no more than 12 inches above finished grade. The pit shall be of sufficient depth to accommodate an 18 inch clearance below the frame of the unit with crawl space access located near utility connections.

(4)    Replacement of a Nonconforming Mobile Home on an Individual Lot with a Manufactured Home.

(a)    A nonconforming mobile home, not within a mobile/manufactured home park, may only be replaced with a manufactured home. Replacement of a nonconforming mobile home with another mobile home is not allowed under this Title.

(b)    Type 1 review shall be used to replace a nonconforming mobile home with a manufactured home.

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

19.18.300 Manufactured Modular Nonresidential Structures (“Commercial Coaches”) Placement.

(1)    Legislative Intent. To assure public safety and compatibility with the general character and integrity of the district.

(2)    Standards. Modular, non-residential structures, manufactured with the intent of being transported to a fixed site and built under YCC Title 13, may be allowed in all districts, subject to compliance with other standards of the district and the following:

(a)    Documentation showing proof that the Washington State Department of Labor and Industries has inspected and approved the structure as a commercial coach (RCW 43.22.340);

(b)    May not be used for single-family dwelling;

(c)    Does not constitute a cargo container.

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

19.18.310 Mining.

Mining can occur in areas zoned Mining (MIN) or as a use in the Allowable Land Use Table 19.14-1 in Chapter 19.14.

(1)    Submittal. An application for review under this Section shall follow the requirements of Chapter 19.30.

(2)    Notification. When establishing a MIN zone or the review of a Type 1, 2 or 3 mining use or mining site/operations plan, the notice of the proposal shall be sent to agencies with expertise or jurisdiction, to property owners within one-half mile of the property, or any contiguous properties under the same mining operation, and to owners adjacent to any private access roads that would serve as haul roads in the manner provided in YCC Section 16B.05.030.

(3)    Review Criteria. The establishment of this zoning district or the review of a Type 1, 2 or 3 mining use or mining site/operations plan shall consider the following:

(a)    Confirmed presence of large volumes of high-quality, mineral resource deposits that will sustain an operation over a long term.

(b)    Adequacy of state and local transportation systems, and private access and haul road(s), to accommodate heavy equipment and truck traffic.

(c)    Compatibility with existing or planned land use patterns in the area.

(d)    Presence of fish and wildlife habitat, hydrologically related critical areas.

(e)    Impacts to air and water quality.

(f)    Impacts identified through environmental review.

(g)    Proximity to major transportation corridors and market areas.

(h)    The requirements in Subsection 19.18.310(4) Basic Standards of Operation.

(4)    Basic Standards of Operation. All mining operations must conform to the following standards; except as otherwise noted. Subsection 19.18.310(7) below shall be the process for revising the operational standards:

(a)    Site Plan. Mining site/operations shall be conducted under an approved site plan and conditions of permit approval. The site plan shall indicate the location of all mining activities, including excavation, processing, stockpiling, batching, product manufacturing and sales areas, equipment maintenance and storage areas, and any excluded areas resulting from setbacks and other requirements of local, state or federal law.

(b)    Responsible Party. The landowner and operator shall be held jointly responsible for compliance with this Title. If a permit is required for the activity, the landowner and operator shall be required to provide to the County a written designation of an agent residing within the County to receive notice in compliance matters.

(c)    Visual Impact.

(i)    Existing trees and other vegetation adjacent to any public park, residence, or Rural 5/10, RS, RT or urban residential zoning district shall be preserved for a minimum width of 25 feet.

(ii)    If topography, existing trees or other vegetation cannot screen the site, the Reviewing Official may require additional screening in the form of a fence, wall, berm, or vegetation. Berms may be removed when authorized as part of a final reclamation plan.

(d)    Water Quality. Mining site/operations shall be operated in compliance with all local, state and federal water quality regulations. The Reviewing Official may require from the operator/owner a detailed hydrological report and frequent groundwater monitoring to address any questions of compliance with these regulations. If any gravel mining operation causes the water quality of any domestic water supply to fail to meet the drinking water quality standards of WAC 246-290, as amended, the mine owner shall remedy the effect of the operation on the water supply through monetary payment to the water system owner, the provision of treatment methods and devices approved by the State Department of Health, or other correction of the specific water quality problem. This mitigation shall be approved by the Health District and the State Department of Health.

To preserve water quality, the Reviewing Official shall determine the minimum horizontal distance to be maintained between an excavation and any well used as a potable water supply in existence at the time of permit application. Location of wells in relation to the mine and groundwater flow direction and depth of excavation shall be considered in these determinations.

(e)    Air Quality. Mining site/operations shall be operated in compliance with all local, state and federal air quality regulations.

(f)    Setbacks. Each mining site/operation shall observe the following minimum setbacks, except where the operation is lawfully preexisting and encroachment within the prescribed setbacks has already occurred. However, further encroachment shall only be permitted by revision under Subsection 19.18.310(7) below.

(i)    No extraction or removal of aggregate/minerals shall occur within 25 feet of any exterior property line abutting a public or private road.

(ii)    Mineral processing and batching, and manufacturing and fabricating plants shall not occur within 500 feet of an existing residence not on the subject property or under the same ownership, or within 25 feet of any exterior property line, unless the adjacent property is also zoned Mining.

(iii)    Mineral extraction shall not occur within 200 feet of an existing residence not on the subject property or under the same ownership, or within 25 feet of any exterior property line, unless the adjacent property is also zoned Mining.

(g)    Landscaping and Screening. A berm around the perimeter of the site is required unless the operator can demonstrate that one is not necessary to mitigate noise and visual impacts. The side slopes of the berm shall not exceed 1.5:1 ratio. Berms shall be at least eight feet in height. The approval authority may reduce the required berm height below eight feet if resulting noise impacts will not exceed the applicable standard and any resulting visual impacts will be consistent with the purposes of this Chapter. Berms shall be planted and erosion control measures shall be taken as may be approved by the approval authority. Planting and berms shall begin at a point not closer to a street than the ultimate right-of-way line. The Reviewing Official may require additional planting under Chapter 19.21. The Reviewing Official shall consider site conditions, proximity to residential uses, and existing views from neighboring properties, in setting specific conditions for landscaping, screening and berming, including increased berm height.

(h)    Hours of Operation.

(i)    The MIN zoning district is typically not subject to restrictions on hours of operation, except as established through SEPA review.

(ii)    The standard hours of operation for blasting shall be: 9:00 a.m. to 4:00 p.m., Monday through Friday, excluding New Year’s Day, the Fourth of July, Labor Day, Thanksgiving and Christmas Day. Longer hours of operation for blasting may be requested at the time of initial application or later through the revision process of Subsection 19.18.310(7) below.

If there are residences located within one-half mile of the site, a property owner notification plan must be developed by the operator and filed with the Planning Division before blasting can occur. The operator/property owner shall be responsible for implementation of the blasting notification plan.

(iii)    The hours of operation for mining activities located outside of the Mining zoning district shall be as follows:

(A)    Equipment and vehicle maintenance and administrative activities – No restrictions on hours of operation;

(B)    Mineral batching (defined in Section 19.01.070) – 6:00 a.m. to 6:00 p.m., daily;

(C)    Excavation, hauling mineral products offsite, and mineral processing – 7:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 5:00 p.m. on Saturdays. None on New Year’s Day, the Fourth of July, Labor Day, Thanksgiving and Christmas Day;

(iv)    Longer hours of operation may be requested: at the time of initial application; under the revision process of Subsection 19.18.310(7) below; or through the processes of Subsections (A) and (B) below:

(A)    The Reviewing Official may authorize an exemption from the standard operating hours for sites that are isolated, either due to remoteness or location surrounded by other resource, commercial or industrial land uses that effectively buffer the mining operations. Notice of requested exemptions from the standard hours of operation must be provided to property owners within one-half mile of the site, and to owners adjacent to private access roads that would serve as haul roads. A request for a public hearing may be made within 14 calendar days of mailing the notice. If no request for a public hearing is made, the operating hours can be changed. The County may, at any time, require resumption of standard operating hours for good cause as determined by the Reviewing Official, subject to appeal as provided in YCC Title 16B. If a request is made for a public hearing, the exemption request shall be considered by the Hearing Examiner at a public hearing. The scope of the hearing shall be restricted to the exemption request, unless a specific violation of operational standards or conditions of approval is documented by the County. Approving the exemption can be made contingent upon compliance with standards and conditions.

(B)    The Reviewing Official may approve extended hours of operation beyond the established operating hours for short durations (not to exceed a consecutive four-week period) without a public hearing for a project directly related to public health, safety or welfare or for an emergency situation.

(i)    Slopes and Grading. Excavations, both above and below water level, shall be maintained in an operationally and environmentally safe condition by complying with standards established by the Department of Natural Resources.

(j)    Land Reclamation. A land owner or an operator of a mining site/operation shall, in advance of any extraction of materials, prepare and submit a reclamation plan under the requirements of the Department of Natural Resources (DNR), or to the satisfaction of the Reviewing Official using DNR standards if the site is not subject to a DNR permit. Reclamation must return the land to a state compatible with the land uses identified by the Comprehensive Plan, or conform to stipulated environmental mitigation. Sites to be operated for more than five years shall conduct phased or segmented reclamation, unless determined to be unfeasible by DNR and the Reviewing Official.

(k)    Nuisance Mitigation. Uses within this zoning district shall be maintained and operated consistent with the purpose of this Title and the Comprehensive Plan. The owner/operator shall be required to take reasonable steps to ensure public health, safety, and welfare through installation of fencing and locked gates, advance notice to adjacent properties of blasting, and other measures necessary to mitigate nuisance hazards.

(l)    Setbacks. Setbacks from right-of-way, adjoining residences, and exterior property lines as set forth in this Section and Chapters 19.10 and 19.11 shall be excluded from applications, except as necessary to provide for access to the site or as part of final reclamation.

(m)    Control of Vibration. No ground vibration caused by blasting or machinery shall exceed the limits established by state regulations. Further regulations may be required to mitigate impact on adjoining properties.

(n)    Stockpiles. Stockpiles shall not exceed 100 feet in height as measured from ground level before excavation, and shall be set back twice the height of the stockpile from the edge of the nearest property boundary as measured from the center of the stockpile. The Reviewing Official shall consider all reasonable measures, including additional stockpile setbacks to prevent any materials or wastes deposited upon any stockpile from being washed, blown or otherwise transferred off the site by normal causes or forces. Stockpiles must also adhere to the requirements of YCC Titles 16C and 16D. The Reviewing Official may require the operator to provide a survey by a registered land surveyor certifying the height of any stockpiles on the site at any time requested, to ensure compliance with this Section.

(o)    Other. The use shall comply with all other applicable rules, standards, or statutes governing such uses, including federal, state and local environmental protection requirements, and State law.

(5)    Inspections.

(a)    Initial Inspection. For applications filed after the effective date of this Chapter, the operator shall provide access to the site for inspections to ensure compliance with this Chapter. The Reviewing Official may authorize a reasonable fee for such inspections. The operator will submit to either an inspection or, at the option of the Reviewing Official, a conference before commencing the extraction of mineral resources. The inspection or conference shall be based on conditions and standards ordered by the approval authority to be complied with before the operations commence.

(b)    Annual Inspection. Aggregate mines, whether in existence on the effective date of this Chapter or subsequently permitted, shall be inspected annually for compliance with this Chapter. The Planning Division, in consultation with Corporate Counsel, shall establish in writing a program and schedule under which such inspections shall be carried out. This program shall prioritize inspections concerning fuel and petroleum products storage, spill prevention, spill occurrence and water pollution prevention.

(6)    Temporary Mining.

(a)    Duration. Temporary mining site/operations, mineral batching and processing are limited to 18 months or less in duration.

(b)    When Permitted. Temporary mining, batching and processing may be permitted only when necessary to provide mineral products to a specific project, or when the temporary mining, batching and processing is for the purpose of preparing a property for an approved use that necessitates removal of the mineral resources. Temporary mining, batching and processing may only be permitted outside of areas designated mineral resource when there are no existing sites that are practicable to provide mineral products to a specific project.

(c)    Exemptions from Certain Standards. Temporary mining, batching and processing shall be exempt from the setbacks of Subsection 19.18.310(4)(f)(ii) above when it is for the purpose of preparing a property for an approved use that necessitates removal of the mineral resources.

(d)    Long Term Mining. Mining site/operations, batching and processing that will continue for more than 18 months may only be permitted in those areas designated as Mineral Resource by the Comprehensive Plan, or in the RS, SR, M-1, and M-2 zoning districts under the Allowable Land Use Table 19.14-1 in Chapter 19.14.

(e)    Extensions. An extension of the 18 month time limit may be authorized by the Reviewing Official for good cause (e.g. unexpected delays in completing a contracted job, or obtaining a rezone to Mining). The extension of time shall not exceed two consecutive six-month periods.

(f)    Emergency Exemptions.

(i)    The Reviewing Official may permit the immediate initiation of a temporary mining operation ordinarily requiring a Type 2 or 3 use permit if necessary to prevent eminent and potentially serious damage to property or threat to human life. The exemption shall be in writing;

(ii)    For mining sites located within a critical area, the Reviewing Official may authorize an emergency operation only when the owner or operator has filed a request for an emergency exemption under the Critical Areas Ordinance, and affected state agencies have issued necessary permits and/or have attested to the urgency of the situation and provided assurances to Yakima County they will issue said permits;

(iii)    Emergency exemptions authorized by this Section shall meet the operation standards of Subsection 19.18.310(4) above. The Reviewing Official may (in writing) revise the operation standards for good cause. An operation approved under this Section shall cease once the threat to human life and property is no longer serious or imminent, and shall not exceed 90 days, upon which the site shall be reclaimed. Failure to reclaim the property shall constitute a violation of this Title.

(7)    Revision of Standards. The standards of Subsection 19.18.310(4) above may be revised under Type 2 review, only if the Reviewing Official finds that the revised standards are consistent with protecting public health, safety, and welfare, as expressed in Section 19.11.020, Subsection 19.18.310(3) above, the Comprehensive Plan and relevant state or federal law. Notification of proposed revision of standards shall be given to agencies with expertise or jurisdiction, to property owners within one-half mile of the site, and to owners adjacent to private access roads that would serve as haul roads. Revision of the 500 foot and 200 foot setbacks of Subsection 19.18.310(4)(f)(ii) and (iii) may be authorized when measures are used to mitigate the impacts to neighboring residences that would occur as the result of the reduced setbacks. Such measures may include, but are not limited to: use of vegetation, natural topography, berms, or other screening materials; installation of noise deflectors and dampening devices; placement of equipment within buildings or below ground level; and implementation of other best management practices.

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

19.18.320 Mini Storage Facilities.

(1)    Mini storage facilities, as defined in Section 19.01.070, shall be subject to the following minimum requirements:

(a)    Location. In all zoning districts except for M-1, M-2 and GC, the site shall be contiguous to a designated urban arterial or rural collector road, although access may or may not be directly onto such arterial or collector, as determined through the review process;

(b)    Sitescreening and Landscaping. Sitescreening and landscaping consistent with the requirements of Chapter 19.21 shall be provided along all street frontages with any combination of lawn, flowers, trees, shrubs and ground cover. Along all other property lines a six-foot-high, decorative fence or wall with Standard A open area landscaping shall be installed and maintained, provided that where doors face adjacent residential areas the fence or wall shall be solid and view-obscuring;

(c)    Outdoor Storage. Any outdoor storage area shall be enclosed with a six-foot-high, view-obscuring fence and/or vegetative site screening that will achieve a height of not less than six feet within three years, or the standards of Chapter 19.21, whichever are greater;

(d)    Hardsurfacing Required. All access, travel surface and loading areas, building aprons shall be paved. Where appropriate other areas not covered by structures or landscaping shall be hard-surfaced;

(e)    Signs. One unlighted on-premises sign identifying the storage warehouses shall be permitted. The sign shall not exceed 15 feet in height nor 40 square feet in area, or the standards of the zoning district, whichever is less;

(f)    Building Heights. Building shall not exceed 18 feet;

(g)    Lighting. All exterior lighting shall meet the standards of Section 19.10.040(10);

(h)    Compatibility. The Reviewing Official may require exterior modifications of structures, including use of architectural features or details, materials for siding and roofing, fencing, reduction of building mass and numbers of units when necessary to assure compatibility with adjoining residential zoning districts;

(i)    Outdoor Storage. Recreational vehicles may be stored outside in the GC, M-1 and M-2 districts when appropriate sitescreening is provided.

(2)    Use of the facility shall be limited to the storage of excess personal property. No garage sales, servicing or repair of vehicles or appliances, commercial business or other similar activities shall be conducted on the premises.

(Ord. 6-2018 § 2(F)(i) (Exh. 4), 2018: Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 7-2013 § 1 (Exh. A) (part), 2015).

19.18.330 Mixed Uses (Residential and Commercial).

The first floor of mixed (residential and commercial) use along the street frontage must be used for commercial uses. The dwelling units may be located above the first floor or to the back of the building. Also, the proposal must be served with a public water supply.

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

19.18.340 Nurseries.

Within the Agriculture and Rural-10/5 zoning districts, retail plant nurseries shall only be permitted when they grow the majority of their products on the premises or the same farm operation. Retail nurseries may also sell incidental related products. Wholesale nurseries may not sell incidental related products.

(Ord. 6-2018 § 2(G)(i)(2) (Exh. 6(2)(B)), 2018: Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 7-2013 § 1 (Exh. A) (part), 2015).

19.18.350 Off-Road Vehicle Recreation Facilities.

The review criteria and conditioning authority delegated to the Reviewing Official shall include, but not be limited to, the following in evaluating proposed off-road vehicle recreation facilities:

(1)    Environmental review and SEPA mitigation where required;

(2)    Proximity to adjacent residences or other especially sensitive land uses;

(3)    Parcel size not less than five acres and location within parcel sufficient to buffer the use from adjacent properties;

(4)    Access and adequate off-street parking, as needed depending on the size and purpose of the facility;

(5)    Proximity to/avoidance of critical areas;

(6)    Hours of operation;

(7)    Noise mitigation measures, enforceable under the Noise Control Ordinance (YCC Chapter 6.28); and

(8)    Effective dust control/suppression measures to prevent dust from leaving the property.

Notice of an application for a proposed off-road recreation vehicle facility shall be sent to adjoining property owners within one thousand feet of the property where the facility is to be sited.

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

19.18.360 Opiate Substitution Treatment Facilities.

This Section establishes regulations describing the siting criteria for opiate substitution treatment facilities.

The State of Washington has enacted RCW 96.70A.400 and declares opiate substitution treatment facilities to be essential public facilities. The Growth Management Act RCW 36.70A.200 provides that no local government regulations may preclude the siting of such facilities. However the State authorizes siting regulations for such facilities shall be subject to the following:

(1)    No opiate substitution treatment facility shall be sited within 1,000 feet of:

(a)    Public and private schools and their associated grounds;

(b)    Public parks; and

(c)    Public libraries.

(2)    The proposed project shall comply with all provisions of this Title, all other provisions of the County Code, SEPA, and other federal, state, and local statutes, codes and ordinances.

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

19.18.370 Outdoor Amusements.

(1)    Outdoor amusements, as defined in Section 19.01.070, drive-in theaters, miniature golf courses, aquatic center, and zoos shall be subject to the following requirements:

(a)    Access Restrictions. There shall be no direct entrance to or exit from such use on any rural major collectors or urban principal arterials, or state routes, unless determined to be acceptable by the Washington State Department of Transportation or the County Engineer, as appropriate.

(b)    Access Improvements. Access to such uses shall be only from full width roads, which shall be paved or surfaced under the County Engineer’s specifications.

(2)    Parking areas for permanent outdoor amusements shall be paved if within an Urban Growth Area, Rural Settlement or Rural Transitional zoning districts, or in other zoning districts when determined necessary by the Reviewing Official to eliminate dust or mud. Unpaved parking areas shall be surfaced with crushed rock.

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

19.18.390 Residential Uses.

(1)    Only one of the following residential uses may be permitted per lot, except as otherwise allowed by this Title and only in the zones indicated. The residential uses are:

(a)    Single-family dwelling;

(b)    Double-wide or larger manufactured home, not in a mobile/manufactured home park;

(c)    Single-wide manufactured home, not in a mobile/manufactured home park;

(d)    Two-family dwelling;

(e)    Single family detached dwelling, zero lot line;

(f)    Single-family attached dwelling (common wall); and

(g)    Dwelling for occupancy by guards, watchmen, caretakers or owners of a non-residential permitted use.

(2)    In addition to a single-family dwelling, other than a zero lot line or common wall attached dwelling, an accessory dwelling unit may be permitted per lot, subject to 19.18.020.

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

19.18.405 Separation Requirements for Certain Uses.

No convenience store, liquor store, tavern, bar, car wash, automotive service station, or fuel and oil distributor shall hereafter be erected or located within 150 feet of any school, park, playground, hospital, church or any of the urban residential zones. Such existing uses, otherwise conforming in this zoning district, shall not be considered as nonconforming uses, but are considered vested to their existing location as though these standards do not apply.

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

19.18.410 Service Stations, Automotive.

(1)    Legislative Intent. This Section establishes special site design standards for new service stations and other retail uses supplying motor fuel. These standards are intended to assure these uses are compatible with adjoining residential districts and the character of the district in which they are located.

(2)    Fifty-Foot Setback from Residential Districts Required. Each pump island shall be setback at least 50 feet from the zoning district boundary of all adjoining residential districts. Other permitted structures shall comply with the setback provisions established in Chapters 19.11 through 19.18.

(3)    Storage and Display of Vehicles Prohibited. No area of any service station or other retail use selling gasoline shall be used for the storage, display, sale or leasing of any new or used vehicle.

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

19.18.430 Social Card Rooms.

In zones where allowed, no social card room shall be permitted within 500 feet of any public school, private school (meeting the requirements for private schools under Title 28A RCW, church or park, as measured according to RCW 66.24.010(9)) or as the same may be hereafter amended.

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

19.18.440 Solid Waste Handling and Disposal Sites.

(1)    Legislative Intent. This Section is intended to:

(a)    Provide methods of solid waste disposal, which are calculated to make the most economical and efficient use of land where solid waste disposal either occurs or has occurred;

(b)    Provide for the protection and preservation of land uses that might be adversely impacted by solid waste handling and/or disposal;

(c)    Ensure that solid waste handling, disposal sites and/or facilities will not constitute nuisances to other land uses, especially residential neighborhoods;

(d)    Ensure that premises utilized for solid waste handling and/or disposal are appropriately and timely reclaimed.

(e)    Ensure that solid waste handling, disposal sites and/or facilities are consistent with the Solid and Moderate Risk Waste Management Plan and in compliance with all applicable Solid Waste Interlocal Agreements between Yakima County and all incorporated cities and towns.

(2)    Applicability.

(a)    Permit Required. Solid waste handling and disposal sites including, but not limited to, transfer stations, solid waste disposal sites, sanitary landfills, and limited purpose landfill disposal sites shall not be maintained, established, substantially altered, expanded, or improved until the person operating such site has obtained a project permit as provided in the Allowable Land Use Table 19.14-1 in Chapter 19.14.

(b)    Exemptions. The following solid waste activities shall be exempt from any permit requirements of this Section:

(i)    Solid waste activities with a total capacity of 250 cubic yards or less of inert wastes; provided, that such activities are consistent with WAC 173-350-410, grading and filling requirements in YCC Title 13 have been reviewed, and that such activities are not located within residential zoning districts.

(ii)    Solid waste recycling and reclamation activities not conducted on the same site as an accessory to a solid waste disposal operation provided, that such recycling and reclamation activities shall be subject to the use regulation of this Section.

(3)    Public Notice.

(a)    Notice of hearing mailed under YCC Title 16B shall be sent to owners of property within 1,000 feet of the proposed use.

(b)    The Solid Waste Advisory Commission shall be deemed a party of record in proceedings to obtain the conditional use permit required by this Section.

(4)    Information Requirements. In addition to the requirements of Chapter 19.31 and the application procedures in YCC Title 16B, application for a conditional use permit shall include the following information:

(a)    A statement and plan detailing the proposed reclamation of the site, particularly as reclamation will relate to the compatibility of the site as reclaimed with existing and anticipated land uses and zoning; and

(b)    Any geological or other studies which are deemed necessary to determine the appropriateness of the land for the use proposed.

(5)    Permit Criteria. Use or the location may be permitted only if a project permit is granted as provided by this Section. The use and its location may be allowed subject to the following:

(a)    Findings. Before such approval shall be given, the Reviewing Official shall find:

(i)    The proposed facility is designed, located, and proposed to be operated so the public health, safety, and welfare will be protected.

(ii)    That the use will not prevent the orderly and reasonable use and development of surrounding properties or of properties in adjacent zones.

(iii)    That all public or private utilities necessary for the use are available, and that the roads serving the use are adequate to accommodate the type and extent of vehicular traffic.

(iv)    That the reclamation plan submitted by the applicant for the proposed use, and any expansion demonstrates that the site as reclaimed may be utilized for uses permitted within the zoning district in which it is located.

(v)    That the proposed use is consistent with the goals and objectives of the Comprehensive Plan and any solid waste management plans, and the proposed facility is necessary to accommodate the waste needs of the area.

(b)    Review Criteria. In making such findings, the Reviewing Official shall consider the following criteria, based on evidence submitted by the applicant:

(i)    The negative effect that the location of the proposed use may have upon vehicular traffic congestion to public streets or highways;

(ii)    The availability of adequate and proper public or private facilities for the treatment, removal, or discharge of sewage, refuse, or other effluent (whether liquid, solid, gaseous, or otherwise) that may be caused or created by or as a result of the use;

(iii)    Whether the use, or materials incidental thereto or produced, may give off obnoxious gases, odors, smoke, or soot;

(iv)    Whether the use will cause disturbing or unwanted dust, light, vibration, or noise emissions;

(v)    Whether the operations will cause undue interference with the public’s typical use of recreational facilities by the public, if existing, or if proposed by the County or by other competent governmental agency;

(vi)    The necessity for suitably surfaced off-street parking facilities incidental to the use, and whether such space is reasonably adequate and appropriate; and can be furnished by the owner of the property or abutting the site;

(vii)    Whether the plot area is sufficient, appropriate, and adequate for the use and the reasonably anticipated operation and expansion;

(viii)    Whether the use to be operated is at least 1,000 feet from a church, school, theater, recreational area, or other place of public assembly;

(ix)    Whether a hazard to life, limb, or property, because of conditions created or which may be created by reason or as a result of the use, and what measures would mitigate any such hazards;

(x)    What restrictions should or should not be imposed to secure the purposes of this Section and to protect the public and surrounding property owners; and

(xi)    The extent to which any of the criteria contained herein does not apply.

(6)    Ownership. No permit shall be issued for a premise, except with written consent of the owner or owners. Permission to engage in the use is granted to only the permit applicant or the permit applicant’s transferee. Permits shall be transferable, unless the approval specifies otherwise; provided, that the transferee submits proof that the performance bond or other security required under Section 19.30.130 remains in effect. Transferees shall engage in the use authorized by the permit only to the extent authorized by this Section and the permit itself.

(7)    Restrictions upon Operations. Reasonable restrictions upon operations may be imposed that are calculated to secure the purposes of this Section, the Comprehensive Plan and this Title. Such restrictions may relate to any activity anticipated from the use proposed. Examples would be: hours of operation, traffic volume, types of materials processed, volumes of materials handled, setbacks, etc.

(8)    Future Use of Premises.

(a)    Land Use and Zoning. The future use of the premises may be limited, as a condition of granting the project permit to ensure those uses of the property to be effectuated when the use concluded will be consistent with the character of the land and surrounding existing and permitted land uses and zoning. After the conclusion of the conditional use, the property owner or occupier will be entitled to engage in any appropriate uses allowable in the zoning district in which the use was located.

(b)    Future Reclamation or Landfill Closure. A binding plan of future reclamation of the land shall be required, which shall be consistent with any other required reclamation plan, such as for the Washington Department of Ecology, Department of Health, Department of Natural Resources or other State agency.

(c)    Future Development. A binding plan of future development of land consistent with the Yakima County Solid Waste Management Plan may be required.

(d)    Change in Zoning. If the nature of the use is such that other land uses allowed in the zoning district in which the property is located would no longer be suitable land uses when the use is concluded a change in zoning to a designation that would more clearly reflect the appropriate land uses may be considered or may be required as a condition of permit approval as a prerequisite which must be accomplished before the permit may be issued.

(9)    Permit Period – Renewals – Reviews. Permit periods may vary. However, the Reviewing Official shall specify either a date upon which a permit expires, or the occurrence of an event upon which the permit expires. The permit period shall be of sufficient duration to ensure the completion of the use for which the permit is required. No permit shall be granted for a period of time in excess of 20 years. Extension normally available for other types of project permits through YCC Section 16B.07.050 is not available to solid waste handling and disposal site permits. Renewals of such permits shall be processed as new applications.

(10)    Performance Bonds. Performance bonds or other security acceptable to the County in an amount deemed satisfactory to the Administrative Official, in consultation with the County Engineer, to cover the costs of ensuring compliance with this Title and the terms and conditions of any permit issued, including required reclamation, shall be required as a condition of permit approval. (See Section 19.30.130).

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

19.18.460 Aggregate Stockpiling.

Aggregate stockpiling or storing recycled asphalt or concrete shall only be permitted within floodplains and other hydrologically related critical areas, when authorized by an appropriate critical area/shoreline permit (See YCC Titles 16C and 16D).

(Ord. 10-2019 (Exh. 1) (part), 2019: Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 7-2013 § 1 (Exh. A) (part), 2015).

19.18.480 Temporary Use Permits.

The Building Official may issue temporary use permits for the following uses:

(1)    Major Construction Projects. Temporary structures and associated site improvements for housing equipment or containing supervisory offices for major construction projects may be erected and maintained during the progress of such construction projects. Provided, that such temporary structures may not be maintained for a period exceeding one year. The Building Official may extend this period for one additional year if a valid active permit is maintained according to a firm schedule and the project does not constitute or cause a nuisance or violation of County code. A site plan showing the location, size and type of structure must be submitted at the time of application for a Temporary Use Permit.

(2)    Construction of a Permanent Dwelling on the Same Lot. Temporary placement of a camping or recreational vehicle to provide temporary housing while constructing a permanent dwelling on the same lot; provided, that the property owner has an active residential building permit. Such temporary use may not be maintained for a period exceeding three years. The temporary use shall be removed from the property within 30 days of occupancy of the permanent dwelling.

(3)    Temporary Caregiver Housing. Temporary placement of a camping or recreational vehicle adjacent to an existing residence to provide temporary housing for a caregiver for not more than six months for the care of a terminally ill relative. The medical condition must be documented by a physician or osteopath that the person is in hospice care.

(4)    Other. Other temporary uses not requiring a building permit, if allowed within the zoning district, are subject to review for adequacy of such factors as access, traffic, noise, land use compatibility, public health and safety. Such permits shall be renewed annually.

(5)    All recreational vehicles approved for temporary use under this section shall meet the following standards:

(i)    It is placed on a lot under the same ownership as the recreational vehicle;

(ii)    The recreational vehicle is an independent, self-contained unit;

(iii)    There is no permanent residential unit on the subject lot;

(iv)    No decks, porches, outdoor storage, skirting or other exterior additions are attached to the recreational vehicle or constructed or erected on a camping space; except for an awning designed as part of and permanently attached to the recreational vehicle; and

(v)    Wheels and tires are not removed from the recreational vehicle.

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

19.18.490 Towers.

The following provisions shall govern the placement of towers (amateur radio, communication, anemometers and personal wind energy) and support structures as defined in Section 19.01.070.

(1)    Towers and support structures that are located in zoning districts with height limitations are subject to the following levels of review [35 ft.: FW, Rural-10/5, RT, SR, R-1, R-2, B-1, B-2, SCC; forty-five ft.: RS, HTC, 50 ft.: R-3, LCC, M-1]:

(a)    Type 1 Review. Towers that are under the height restriction of the zoning district, are self-supporting and have a two-foot or less radius from the center axis of the base of the tower, and have antennae, rotors and other attachments with a diameter of nine feet or less, shall be subject to Type 1 review.

(b)    Type 2 Review. Towers that are above the height restrictions of the zoning district or are not self-supporting or have a two-foot or greater radius from the axis of the base of the tower, and have antennae, rotors and other attachments with a diameter of greater than nine feet, and the height of the tower is 70 feet or less, shall be subject to Type 2 review.

(c)    Type 3 Review. Towers within a zoning district that has a specific height standard and do not qualify for a Type 1 or Type 2 are subject to Type 3 review.

(2)    Towers and support structures that are located in zoning districts without height limitations are subject to the following levels of review (R/ELDP-40, AG, MIN, M-1 or M-2):

(a)    Type 1 Review. Towers that are self-supporting, have a two foot or less radius from the center axis of the base of the tower, and have antennae, rotors and other attachments with a diameter of nine feet or less, and the height of the tower is seventy feet or less, shall be subject to Type 1 review.

(b)    Type 2 Review. Towers that are not self-supporting or two feet or greater radius from the center axis of the base of the tower, or have antennae, rotors and other attachments with a diameter of greater than nine feet, and the height of the tower or support is 70 feet or greater, shall be subject to Type 2 review.

(c)    Type 3 Review. Towers that are 100 feet or greater in height shall be subject to Type 3 review.

(3)    Co-location. Proposed to co-locate on existing towers, buildings, structures and facilities without an increase in height and have antennae, rotors and other attachments with a diameter of less than nine feet, the tower shall be subject to Type 1 review. Towers with an increase of less than ten percent of the tower height are subject to a Type 1 modification if a higher threshold of review is not exceeded.

(4)    Setbacks. All towers and items affixed thereto, guy wires, or supports shall meet the setback standards of the zoning district in which they are located. Greater setbacks may be required by the Reviewing Official.

(5)    Airport Safety Overlay. All towers and items affixed thereto, guy wires, or supports shall adhere to the requirements of the Airport Safety Overlay (ASO), when applicable.

(6)    Temporary Towers. Towers located in R/ELDP-40, AG, MIN, M-1 and M-2 and qualify as a Type 3 use, but will be removed within three years, are considered temporary in nature and may be reviewed as a Type 2 use by the Reviewing Official. An extension of one year may be requested by the applicant. No more than two extensions will be granted by the Reviewing Official.

(7)    Visual Compatibility. With consideration to engineering and structural requirements, towers shall be subject to the following visual compatibility standards:

(a)    Location. Towers, rotors/turbines and antenna should reflect the visual characteristics of the structure to which it is attached, or the surrounding environment in which it is placed. This should be achieved through the use of colors and materials, as appropriate. When located on structures such as buildings or water towers, the placement of the antenna or rotor/turbine on the structure should reflect the following order of priority to minimize visual impact:

(i)    A location close as possible to the center of the structure;

(ii)    Along the outer edges or side-mounted; provided, that in this instance, additional means, such as screens, should be considered and may be required on a case-by-case basis; and

(iii)    When located on the outer edge or side-mounted, be placed on the portion of the structure less likely to be seen from adjacent lands containing, in descending order of priority: existing residences, public parks and open spaces, and public roadways.

(b)    Design. To the extent that there is no conflict with the color and lighting requirements of the Federal Communications Commission and the Federal Aviation Administration for aircraft safety purposes, transmission support structures shall be designed to blend in with existing surroundings to the extent feasible. This should be achieved through the use of compatible colors and materials, and alternative site placement to allow the use of topography, existing vegetation or other structures to screen the proposed transmission support structure from adjacent lands containing, in descending order of priority: existing residences, public parks and open spaces, and public roadways.

(c)    Modifications. The requirements of Subsection 19.18.490(4) may be modified by the Reviewing Official to achieve greater levels of screening than that which would be available by using the stated setback during the review process.

(8)    Towers no Longer Operational. Towers and support structures shall be removed within a year of ceasing use or operation. Antenna shall be removed from support structures within one hundred eighty days after the antenna is no longer operational.

(9)    Personal Wind Energy Towers. Turbines on personal wind energy towers shall be designed, installed and operated so noise generated by the system shall not exceed fifty decibels (50dba) measured from the nearest property line, except during short term events such as utility outages and severe wind storms.

(10)    Proximity to Roadways. Towers will be located not nearer than 50 feet from an edge of right-of-way or easement of a public or private road.

(11)    Limit of Towers Per Parcel. No more than one tower, array, or rotor/turbine per parcel in residential districts (SR, RT, RS, R-1, R-2, R-3), and no more than two towers, arrays, or rotors/turbines per parcel in all other zoning districts shall be permitted.

(12)    Equipment Storage. Support structures and towers may include an equipment enclosure, structure, shelter, cabinet, box or vault designed for and used to house and protect the electronic equipment necessary and/or desirable for processing wireless communications signals and data, including any provisions for air conditioning, ventilation, or auxiliary electricity generators.

(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).

19.18.510 Zero Lot Line Development.

(1)    Legislative Intent. Zero lot line development for single-family dwellings may be permitted in order to: promote efficient land use, permit a more energy efficient arrangement of structures, protect environmentally sensitive areas, or provide more usable private or community open space.

(2)    Review Levels. Review required for zero lot line developments in subdivisions and short subdivisions approved after the effective date of this Title may be approved by Type 2 review. Zero lot line development may also be approved on lots created before the effective date of this Title by Type 3 review. A site plan meeting the requirements of Section 19.30.060 shall be prepared for all zero lot line development.

(3)    Development Standards. All zero lot line developments shall comply with the standards of Tables 19.12.010-1, 19.12.020-1, the provisions of this Title and the following requirements; provided, that where these standards conflict with the standards established in other Sections of this Title, these standards shall apply.

(4)    Dwelling Unit Setbacks.

(a)    Interior Side Yard Setback Standard. The dwelling unit may be placed on one interior side property line (a zero setback). The setback standard from the other side property line shall be ten feet. No structures except for patios, pools, fences, walls and other similar elements are permitted within the required setback area.

(b)    Rear Yard Setback Standard. The rear yard setback standard is ten feet.

(c)    Front and Street-Side Setback Standards. Front and street-side setback standards shall be those shown on Table 19.12.010-2 or Table 19.12.020-2, as applicable for the zoning district.

(5)    Accessory Building Setbacks. Accessory buildings and structures shall observe the setback requirements for the main dwelling unit.

(6)    Maximum Lot Coverage. The total lot coverage on a lot shall not exceed the district requirements established in Chapters 19.11 through 19.13.

(7)    Platting Requirements. Each dwelling shall be located on its own individual platted lot. The plat shall show the zero lot lines and the related easements.

(8)    Openings Prohibited on the Zero Lot Line Side. There shall be no windows, doors, air conditioning units, or any other type of openings in the wall along the zero lot line, except when such a wall abuts permanent open spaces or a public or private right-of-way.

(9)    Maintenance and Drainage Easements. A perpetual maintenance, eaves overhang and drainage easement at least five feet wide shall be provided on the lot adjacent to the zero lot line property line, which, except for walls and/or fences, shall be kept clear of structures. This easement shall be shown on the plat and incorporated into each deed transferring title on the property. Eaves, but no other part of any structure, may protrude across a side lot line, and such protrusion shall not exceed 18 inches. Water runoff from the dwelling placed on the lot is limited to the easement area.

(10)    Community Open Space and Maintenance Facilities. Any community open space provided shall comply with Section 19.18.150.

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