Chapter 17.64
GENERAL REGULATIONS
Sections:
17.64.010 Interpretation of regulations.
17.64.015 Accessory dwelling units.
17.64.030 Off-street parking and loading regulations.
17.64.040 Minimum parking space requirements.
17.64.050 Definition of parking space.
17.64.070 B-3 zone partially exempt.
17.64.080 Loading space requirements.
17.64.090 Zoning of annexations.
17.64.010 Interpretation of regulations.
All regulations in this title pertaining to the zones established in Chapters 17.12 through 17.60 SMC are subject to the general provisions, conditions and exceptions contained in this chapter. If any ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this title, or with respect to the matters of height, area requirements, or zone boundaries as set forth herein, the Planning Commission shall ascertain all pertinent facts, and by resolution, set forth its findings and interpretations and thereafter such interpretation shall govern, unless the City Council directs the Planning Commission to adopt a different interpretation. [Ord. 2023-28 § 1 (Exh. B), 2023; Ord. 1272 § 17-4-1, 1980.]
17.64.015 Accessory dwelling units.
A. Purpose. The purpose of the accessory dwelling unit (ADU) provisions is to:
1. Provide property owners with an opportunity for extra income, companionship, and security;
2. Better utilize existing infrastructure and community resources (sewer, water, roads, etc.);
3. Provide a housing type that allows flexibility to respond to changing needs and lifestyles;
4. Add to the supply of affordable dwelling units; and
5. Protect neighborhood character and stability by ensuring that ADUs are compatible with surrounding land uses.
B. Requirements. An accessory dwelling unit is a permitted use on all parcels containing a single-family dwelling subject to all of the following conditions:
1. The accessory dwelling unit may be attached to the primary residence or attached to or above a detached garage, or be its own stand-alone structure.
2. Off-street parking shall be provided as required in this chapter for both the ADU and the primary residence located on the lot they are intended to serve.
3. The ADU’s floor area shall not exceed 1,000 square feet.
4. The ADU’s exterior walls shall be designed so as to be similar in style, color, and building materials to the primary detached dwelling.
5. An ADU attached to the primary structure shall have the same building setbacks as the primary structure. An ADU that is attached to, or built above, a detached garage or a stand-alone structure shall have the same building setbacks as an accessory structure.
6. A parcel/lot shall contain no more than one single-family residence and one ADU.
7. ADUs shall not be allowed on parcels containing a duplex or multifamily dwelling, or a commercial or industrial structure/use.
8. The primary residence and the ADU shall both be connected to public sewer and water if available (within 200 feet).
a. If the ADU is attached to the primary dwelling unit, the two dwelling units shall share a single sewer and water connection.
b. If the ADU is attached to, or located above, a detached garage, or is a stand-alone structure, each unit may have its own sewer and water connection, with required meters, or share the sewer and water connection with the primary dwelling unit consistent with applicable code(s).
c. If public sewer and/or public water are not available at the site, the applicant shall provide documentation from the Yakima Health District certifying that the on-site septic and/or on-site well are adequate to provide service for both the existing single-family residence and the ADU.
9. A lot containing an ADU shall not be subdivided, or otherwise segregated in ownership, in a way that separates the ADU and the primary dwelling unit on different lots, except as permitted under SMC Title 16.
10. Any exterior stairs shall be placed in the rear or side yard.
11. A deed restriction, signed by the property owner and the City, shall be recorded with the Yakima County auditor’s office providing notice to potential buyers of the ADU restrictions.
C. Enforcement. The City retains the right with reasonable notice to inspect the ADU for compliance with the provisions of this section.
D. Elimination. The City retains the right with reasonable notice to withdraw occupancy approval if any of the requirements under subsection (B) of this section are violated. In the event the City withdraws occupancy, the property owner may:
1. If attached, merge the existing ADU to the single-family dwelling; or
2. If detached, use the building for an approved accessory use or remove the structure from the premises. [Ord. 2023-28 § 1 (Exh. B), 2023; Ord. 2022-34 § 1 (Exh. A), 2022.]
17.64.020 Conditional uses.
All of the uses listed in this section and all matters directly related thereto are declared to be possessing characteristics of such unique and special form as to make impractical their inclusion in any class of use set forth in the various zones in this title, and the authority for the location and operation thereof shall be subject to review and the issuance of a conditional use permit by the Hearing Examiner; provided, that conditional use permits may not be granted for a use in a zone from which it is specifically prohibited:
A. Charitable institutions and orphanages; provided, that these uses shall be permitted only in the R-2, R-3, and B-2 zones;
B. Convalescent, nursing, retirement homes; provided, that these uses shall be permitted only in the R-2, R-3 and B-2 zones;
C. Churches shall be permitted in all zones except M-1 and M-2; provided, that the following requirements are met:
1. Twenty percent of the total lot area shall be dedicated to landscaping and greenery. Patios and/or walkways shall be permitted to occupy part of the 20 percent.
2. Churches may exceed the height limit of the district in which it is proposed to locate; provided, that such buildings are set back from all property lines at least one additional foot from any adjoining lot line.
D. Schools, day care centers and nursery schools may be allowed by special permit in R-1, R-2, R-3, B-2 and B-3 zones; provided, the following special requirements are met:
1. No school buildings, including accessory buildings, shall occupy more than 65 percent of the total lot area.
2. School areas abutting R-1, R-2 and R-3 zoned land shall be sight-screened and fenced.
E. Drive-in theaters, racetracks or other outdoor commercial amusements of a personal nature involving a large assembly of people; provided, that these uses shall be permitted only in the B-2 and M-1 zones, and, provided further, that the following requirements are met:
1. There shall be no direct entrance to or exit from such use on any principal or minor arterial;
2. Access to such uses shall be only from full width streets or roads;
3. Parking areas shall be paved or surfaced to eliminate dust or mud; and
4. Screens for any outdoor theater shall not be allowed to face the highway and shall be landscaped in such a manner as to screen them from neighboring uses.
F. Auto courts, travel trailers or mobile home courts, parks or camps may be permitted in the B-2 and R-3 zones as a conditional use; provided they meet the following requirements:
1. Access to such uses shall be only from a collector or arterial street;
2. Each unit shall face or abut on a driveway of not less than 18 feet in width. Such driveway shall be well lighted and surfaced to eliminate dust and mud; and
3. When bordering one of the residential zones, the external boundaries of such site shall be landscaped, planted and arranged in such a manner as to screen them from the abutting property.
G. Fraternal organizations, lodges, grange halls and clubs shall be permitted as a conditional use in R-3, B-2, B-3, P-B, M-1 and M-2 zones and shall be specifically excluded from all other zones.
H. Cement lime, gypsum or plaster of paris manufacture or stock yards may be permitted in the M-2 zone as a conditional use.
I. Manufacturing or assembling of lumber products in a lumberyard may be permitted in the B-2 zone as a conditional use.
J. Sales yard, livestock, produce, furniture, etc., may be permitted in the M-1 zone as a conditional use.
K. Truck terminals, truck depots, truck stops and truck repair shops may be permitted in the B-1 and B-2 zoning districts as a conditional use with particular consideration given to traffic impacts, dust, noise and light impacts on adjacent permitted uses in the zone and neighboring zones, and to the screening of unsightly outdoor storage other than of operable trucks and/or trailers.
L. Group residential facilities may be permitted in an R-1 zone as a conditional use, and in R-2, R-3, B-2 and P-B zones with conformance to State and local standards for such homes. These uses are prohibited from flowing through into any other zone by reason of being a conditional use in the above-mentioned zones.
M. Mini-storage facilities may be permitted in the B-2 and R-3 zones as a conditional use.
N. “Recycling centers” may be permitted in the B-2 and M-1 zones as a conditional use; provided, that in the B-2 zone, recycling operations, including storage, vehicles or facilities, shall be within a screened or enclosed area, and shall be limited to light recycling of aluminum cans, glass bottles, newspaper and similar such recyclable materials. Large objects, including but not limited to appliances, automobiles or truck parts, shall be prohibited from recycling centers within B-2 and M-1 zones.
O. Storage for M-1 uses may be permitted as a conditional use in the R-3 and B-2 zones; provided, that the area used for storage of such materials is adjacent to the M-1 property involved in the use of materials being stored and subject to such other conditions as are deemed appropriate under the circumstances of such a permit.
P. Off-site hazardous waste treatment and storage may be permitted in an M-1 and M-2 zone; provided, that such facilities meet the State siting criteria adopted pursuant to the requirements of RCW 70.105.210.
Q. Home occupations as defined in SMC 17.04.030 shall be permitted in all residential zones subject to such conditions as may be deemed appropriate under the circumstances of such permit in light of factors to be considered for home occupations, including whether or not the home occupation shall employ any employees (not to exceed two) who do not reside on the site of the home occupation, except that a conditional use permit may not be required as determined by the Planning Director following review of the completed home occupation application form, as developed by the Hearing Examiner, which indicates the nature of the home occupation is such that it is limited by its potential to negatively impact the surrounding residential neighborhood.
R. Superseded by Ord. 2119.
S. Minimum-security jail facilities shall be permitted as conditional uses in the B-2, M-1 and M-2 zones, subject to consideration of the following:
1. The site of the proposed facility should be large enough to accommodate the anticipated facility, plus additional area to provide for potential future growth.
2. Where necessary, and for the purposes of public safety, the facility should be enclosed by solid fencing of an appropriate height, type and size, to ensure security and privacy needs.
3. Site screening and shrubbery should be utilized to make the site more compatible with surrounding properties, with a landscape plan being required prior to approval of the conditional use permit.
4. Adequate off-street parking should be provided for staff of the facility and for maximum anticipated visitor needs, with parking plans being required for approval as a part of the consideration of the conditional use permit.
5. Facility lighting should be developed so as to provide minimal impact on neighboring properties, with a plan for lighting being required for approval as a part of the consideration of the conditional use permit.
6. The rules and regulations for the operation of the minimum-security jail facility shall be provided as part of the consideration for the conditional use permit, in addition to other measures which may be appropriate to minimize the impact that the operation of the facility would have on surrounding properties and the community in general.
7. The Hearing Examiner shall also determine, based upon the specific project proposal, any other conditions which might be appropriate and necessary in the granting of the conditional use permit.
8. One year after the granting of any conditional use permit, the permit shall be reviewed by the Hearing Examiner for determination of impact on the facility on neighboring property or for consideration of changes in the conditions of the permit.
T. Manufactured homes shall be permitted as a conditional use permit in the R-2 zone; provided, that the manufactured home meets the following conditions:
1. It shall be placed permanently on a lot with a foundation which has been constructed consistent with conventional construction requirements.
2. It has been designated as real property and is taxed as real property rather than personal property.
3. It has a floor area of not less than 950 square feet.
4. It shall be constructed in conformance with federal manufactured home construction and safety standards, as evidenced by an affixed certification label in accordance with 24 C.F.R. 3280.8; and
5. It shall meet any other requirements necessary to be eligible for FHA mortgage insurance (Title II mortgage insurance).
Provided, however, that mobile homes not meeting the National Mobile Home Construction and Safety Standards Act of 1974, as adopted by Chapter 43.22 RCW, shall not be permitted in the R-2 zone.
U. Mobile home parks shall be permitted as a conditional use in the R-3 zone; provided, that the minimum mobile home park size shall not be less than three acres as required in SMC 16.12.100. [Ord. 2023-28 § 1 (Exh. B), 2023; Ord. 2119 § 2, 2005; Ord. 2061 § 1, 2003; Ord. 2032 § 2, 2001; Ord. 1943 § 2, 1997; Ord. 1941 § 3, 1997; Ord. 1940 § 2, 1997; Ord. 1926 § 2, 1996; Ord. 1901 § 1, 1995; Ord. 1752 § 2, 1991; Ord. 1735 § 2, 1991; Ord. 1705 § 1, 1990; Ord. 1704 § 7, 1990; Ord. 1703 § 2, 1990; Ord. 1684 § 1, 1989; Ord. 1682 § 3, 1989; Ord. 1670 § 1, 1989; Ord. 1669 § 1, 1989; Ord. 1667 § 1, 1989; Ord. 1628 § 7, 1988; Ord. 1571 § 1, 1986; Ord. 1523 § 1, 1985; Ord. 1456 § 1, 1984; Ord. 1445 § 1, 1984; Ord. 1444 § 2, 1984; Ord. 1425 § 7, 1983; Ord. 1424 § 1, 1983; Ord. 1419 § 1, 1983; Ord. 1388 § 1, 1983; Ord. 1355 § 2, 1982; Ord. 1296 § 1, 1980; Ord. 1272 § 17-4-2, 1980.]
17.64.025 Accessory uses.
A. Generally. An accessory use is a use customarily incidental and subordinate to the principal use of a structure or site. Accessory uses are permitted upon compliance with the terms and provisions of this title. They must be clearly secondary to, supportive of, and compatible with the principal use(s) and consistent with the purpose and intent of the zoning district. The land use classification and review requirements of an accessory use shall be the same as that of the principal use(s), unless otherwise specified.
B. Garages. Private garages 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.
C. Pets. The keeping of pets is permitted as an accessory use; provided, that in residential districts they are subject to the following restrictions:
1. They are domesticated animals kept for pleasure or as a hobby rather than utility, including, but not limited to, fish; birds; dogs, fewer than five; cats, fewer than six; hen chickens (no roosters), fewer than three; and rabbits, fewer than three;
2. Their presence does not create undue noise or odors such as would create a nuisance or diminish the residential nature of the neighborhood;
3. Such animals are properly fed, watered and kept in a humane manner;
4. Any chicken coops, chicken tractors, or rabbit hutches shall be set back five or more feet from any residence or property line, and five feet from other structures including decks;
5. Hen houses, coops, hutches, and chicken tractors shall be restricted to the backyard area of a residential lot;
6. For chickens and rabbits, adequate fencing shall be installed to contain the animals within the backyard; and
7. Chickens must be registered and licensed by the City. Obtained at City Hall or at other locations designated and approved by the City Manager; and
8. The license fee shall be approved by resolution and added to the Schedule of Fees and Charges;
9. The other provisions of the SMC for animals are followed.
D. Cargo Containers.
1. Not Permitted. Cargo containers shall not be used for storage or other use within the residential zoning districts for more than two consecutive weeks at a time, and require a permit for temporary placement.
2. Permitted. Cargo containers and/or semi-truck trailers are allowed as an accessory use to a permitted business in the B-1, B-2, M-1, M-2, AP, and PF Zoning Districts. Accessory cargo containers and/or semi-truck trailers shall be processed under the provisions of Chapter 19.01 SMC, Types of Project Permit Applications, to existing or approved uses or development, subject to the following conditions:
a. All refrigerated cargo containers and/or semi-truck trailers that are not located within a designated loading dock or loading bay shall be located no less than 50 feet from any existing residential zoning district.
b. Placement of cargo containers and/or semi-truck trailers shall not adversely affect maximum lot coverage, landscaping requirements, or required on-site parking spaces. [Ord. 2024-6 § 1, 2024.]
17.64.030 Off-street parking and loading regulations.
For every new building or structure or addition thereto hereinafter erected within the City, there shall be established and maintained a permanent, paved, off-street parking area within 200 feet of the building or structure, with such parking area and any driveways adjacent thereto being paved with cement or asphaltic concrete, which paving shall be accomplished prior to occupancy or as scheduled or phased in pursuant to agreement between the property owner and the City. [Ord. 2023-28 § 1 (Exh. B), 2023; Ord. 1706 § 1, 1990; Ord. 1462 § 1, 1984; Ord. 1272 § 17-4-3, 1980.]
17.64.040 Minimum parking space requirements.
The capacity of each parking area shall be as follows, for the following uses:
A. Multiple dwellings, one parking space for each dwelling unit.
B. Rooming houses and lodging houses, fraternity and sorority houses, one parking space for each three occupants.
C. Hotels, two parking spaces for each three bedrooms.
D. Auto and trailer courts, one parking space for each sleeping unit, and/or one parking space for each trailer space.
E. Hospitals, sanitariums, convalescent homes, nursing homes and rest homes, one parking space for each five regular beds plus one for every two employees with a minimum of two spaces.
F. Churches, mortuaries, funeral homes, one parking space for each five seats in the chapel or nave.
G. Stadiums, sports arenas, auditoriums and other places of assembly with fixed seats, one parking space for each five seats.
H. Dancehalls, exhibition halls and other places of assembly without fixed seats, one parking space for each 75 square feet of gross floor area.
I. Skating rinks and other commercial recreation places, one parking space for each 100 square feet of gross floor area.
J. Bowling alleys, five parking spaces for each alley.
K. Schools:
1. Elementary and junior high, one parking space for each employee;
2. Senior high schools, two parking spaces for each employee;
3. Colleges, three parking spaces for each employee.
L. Theaters, one parking space for each six seats.
M. Medical and dental clinics, one parking space for each 200 square feet of gross floor area.
N. Banks shall have a parking requirement of one space for every 250 square feet of gross floor area, with a three-space reduction for every drive-up window. Business and professional offices shall have one space for each 200 square feet of usable area with usable area defined as the total entire floor area as determined by measurement to the outside wall surface, excluding mechanical and storage spaces, restrooms and other areas which are not used for office or waiting area.
O. Restaurants, taverns and any establishment for the sale and consumption on the premises of food, alcoholic beverages or refreshments, one parking space for each 100 square feet of gross floor area.
P. Retail stores, except as otherwise specified:
1. Having not more than 7,000 square feet of gross floor area, one space for each 150 square feet of gross retail floor area.
2. Having more than 7,000 square feet of gross floor area, one space for each 150 square feet of gross retail floor area for the first 7,000 square feet and one space for each 300 square feet of gross retail floor space in excess of 7,000 square feet.
Q. Furniture, appliance, hardware and clothing stores, service shops, one parking space for each 600 square feet of gross floor area.
R. Wholesale stores, warehouses and storage buildings, one parking space for each two employees with a minimum of two spaces. Additional parking and paving shall be determined by a site-plan review process with consideration given to environmental impacts such as dust, oil, drainage, traffic flow, etc.
S. Manufacturing uses including research and testing laboratories, creameries, soft drink bottling establishments, bakeries, canneries, printing and engraving shops, one parking space for each three employees based on the maximum working shift.
T. Single-family detached and attached homes, duplexes, triplexes and mobile homes, two parking spaces for each dwelling unit.
U. Sales yards for automobile sales, manufactured home and recreational vehicle sales, farm equipment sales and similar sales lots. Parking and paving shall be determined by a site plan review process, with consideration given to environmental impacts such as dust, oil, drainage, traffic flow, etc.
V. Accessory dwelling units shall have one parking space.
Parking requirements for any specific occupancy or use not listed in this section will be determined in accordance with the use most closely related to such proposed use as determined by City staff. [Ord. 2023-28 § 1 (Exh. B), 2023; Ord. 2022-34 § 1 (Exh. A), 2022; Ord. 2011 § 1, 2000; Ord. 2009 § 1, 2000; Ord. 1943 § 3, 1997; Ord. 1332 § 1, 1981; Ord. 1272 § 17-14-3.2, 1980.]
17.64.050 Definition of parking space.
See SMC 17.04.030. [Ord. 2023-28 § 1 (Exh. B), 2023; Ord. 1272 § 17-4-3.2, 1980.]
17.64.060 Occupancies.
Unspecified uses shall have the requirements of similar specified uses. Mixed occupancies and cooperative uses for two or more buildings shall have space not less than the sum of the requirements for the various uses computed separately. Overlapping cooperative use of parking facilities, when the times during which such facilities are used are not conflicting, is permitted. [Ord. 2023-28 § 1 (Exh. B), 2023; Ord. 1272 § 17-4-3.3, 1980.]
17.64.070 B-3 zone partially exempt.
Portions of the retail core area as defined in SMC 17.48.050 are exempt from the off-street parking and loading provisions of this chapter. [Ord. 2023-28 § 1 (Exh. B), 2023; Ord. 1272 § 17-4-3.4, 1980.]
17.64.080 Loading space requirements.
An off-street loading space shall be required adjacent to each building hereafter erected, if the use of such building entails deliveries to it or shipments from it, to accommodate the maximum number and size of vehicle simultaneously loaded or unloaded with no part of the van or truck projecting into a public thoroughfare. [Ord. 2023-28 § 1 (Exh. B), 2023; Ord. 1272 § 17-4-3.5, 1980.]
17.64.090 Zoning of annexations.
At the time of official public hearing on any proposed annexation to the City, the Planning Commission shall recommend a zone classification of the area to be annexed, which recommendation shall be in keeping with the overall comprehensive plan, and the best arrangement of land uses to promote public health, safety, morals and general welfare. The Council shall stipulate the precise zone classifications of the area to be annexed as part of the annexation ordinance and the official zoning map shall be changed accordingly. [Ord. 2023-28 § 1 (Exh. B), 2023; Ord. 1272 § 17-4-4, 1980.]