Chapter 15.09
SPECIAL DEVELOPMENT STANDARDS
Sections:
15.09.020 Special development standards for the district overlays.
15.09.025 Mixed-use building and downtown business district multifamily development.
15.09.030 Common open space requirements.
15.09.040 Zero lot line development.
15.09.045 Accessory dwelling units.
15.09.050 Performance standards—Emissions.
15.09.070 Special requirements for animal husbandry.
15.09.080 Special requirements for short term rentals.
15.09.090 Special requirements for social card rooms.
15.09.100 Private street review requirements.
15.09.110 Reasonable accommodations process.
15.09.120 Community garden development standards.
15.09.210 Special requirements for retaining walls.
15.09.010 Purpose.
The purpose of this chapter is to establish special development standards for certain types of development within the city of Yakima. (Ord. 2020-001 § 1 (Exh. A) (part), 2020: Ord. 2019-044 § 1 (Exh. A) (part), 2019: Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.09.020 Special development standards for the district overlays.
A. Purpose. The overlays are established to coordinate the provisions established in the zoning ordinance with more detailed policies and standards adopted in other plans and ordinances. Specific overlays have been established as follows:
|
Overlay District |
Districts or Programs |
|---|---|
|
Greenway Overlay |
Yakima River Regional Greenway Plan |
|
Overlays established separately |
|
|
Airport Safety Overlay (see YMC Chapter 15.30) |
Yakima Air Terminal at McAllister Field; other public airport with defined airspace per FAR Part 77 |
|
Institutional Overlay (see YMC Chapter 15.31) |
Large-scale institutional facilities with special locational needs |
|
Master Planned Development Overlay (see YMC Chapter 15.28) |
Master planned development (residential, commercial, industrial or mixed-use development) |
|
Floodplain Overlay |
National Flood Insurance Program (flood hazard areas); City of Yakima Critical Area Ordinance YMC 15.27; Shoreline Master Program YMC Title 17 |
B. Application. The provisions of this chapter shall apply when all or a portion of a development, or modification thereto, is proposed within the boundaries of an overlay.
C. Project Review in an Overlay Not Separately Established. In order to assure the appropriate standards are applied, all Class (1) uses in an overlay which is not separately established unless otherwise specified shall be subject to Type (2) review (YMC Chapter 15.14). All Class (2) uses shall be subject to Type (2) review and Class (3) uses in an overlay district shall be subject to Type (3) review. The administrative official may condition or deny approval of any use, development, or modification thereto in an overlay based on the provisions set forth and adopted by this section.
D. Special Development Standards in the Greenway Overlay. All development in the greenway overlay shall conform to the requirements and standards of the underlying zoning district and the policies and intent of the Yakima River Regional Greenway Plan.
E. Special Development Standards in the Floodplain Overlay. All development in the floodplain overlay shall conform to the requirements and standards of the underlying zoning district, and the city of Yakima’s adopted critical area (YMC 15.27) and shoreline master program (YMC Title 17) ordinances. (Ord. 2020-001 § 1 (Exh. A) (part), 2020: Ord. 2019-044 § 1 (Exh. A) (part), 2019: Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008: Ord. 2001-04 § 3, 2001: Ord. 98-59 § 3, 1998; Ord. 3106 § 19, 1988: Ord. 2947 § 1 (part), 1986).
15.09.025 Mixed-use building and downtown business district multifamily development.
A. Purpose and Intent.
1. To provide a streamlined process for new development or redevelopment projects that include a mixture of high density residential along with complementary retail, commercial, or professional uses at a scale that is compatible with the surrounding neighborhood.
2. These standards shall also apply to new multifamily development or multifamily redevelopment in the downtown business district. Multifamily uses within this area shall comply with all of the following development and design standards excluding those which are only relevant to the nonresidential portion of a mixed-use building.
a. For the purpose of implementing this section, the “downtown business district” shall be defined as the downtown business district exempt area—See YMC 15.06.040, Figure 6-1.
B. Level of Review—Uses.
1. Mixed-use building and downtown business district multifamily development is a Class (1) permitted use, requiring Type (1) review, in applicable zones and is determined to be the appropriate level of review for any combination of Class (1) and Class (2) uses listed in those zones.
2. Any combination of uses which includes a Class (3) permitted use shall undergo Type (2) review.
3. The mixed-use building/development land use shall not allow any use which is otherwise not permitted in the zone.
4. A mixed-use building that does not meet the layout requirement of subsection (D)(1) of this section shall be reviewed based upon its particular uses as listed in Table 4-1.
C. Prohibited Uses. The following uses are prohibited in a mixed-use building/development project:
1. All wholesale trade—Storage uses.
2. All transportation uses.
3. All utilities uses.
4. All automotive sales, maintenance and repair, carwash/detailing, paint and body, parts and accessories, and towing uses.
5. Boats and marine accessories.
6. Farm and implements, tools and heavy construction equipment.
7. Farm supplies.
8. Fuel oil and coal distributers.
9. Lumber yards.
10. Nurseries.
11. All rental uses.
12. Repairs: reupholstery and furniture.
13. Repairs: small engine and garden equipment.
14. Service stations.
15. Truck service stations and shops.
D. Development Standards.
1. Mixed-Use Layout. A mixed-use building should not have any residential dwelling units located on the ground floor, whenever feasible. There shall be a minimum of fifty percent residential dwelling units, and least eighty percent of the ground floor shall be dedicated for community facility or commercial use.
2. Parking.
a. Location. Off-street parking shall be located within, behind, below, and/or to the side of the building. Any side of the building that faces a street shall not be fronted by off-street parking.
b. Design. Off-street parking shall be screened from view of all abutting public rights-of-way.
1. Parking located outside of a structure shall be screened by a six-foot-tall masonry, decorative block wall, wood fence, or solid landscaping screen.
a. Fencing located adjacent to a street right-of-way or pedestrian way shall include a minimum three-foot landscape strip between the fence and the right-of-way.
2. Parking located within a structure, whether attached to or detached from the primary structure, shall be architecturally compatible with the primary structure. Any openings within a parking structure that do not provide pedestrian or vehicular access shall be screened from view with decorative grilles or landscaping.
3. Height Bonus. In the B-1, B-2, and SCC zoning districts, the maximum height of the building (YMC 15.05.030, Table 5-1) may be increased to fifty feet if all of the following are met:
1. The majority of the additional building height is used to increase the number of dwelling units;
2. The additional building height is necessary to accommodate on-site parking requirements;
3. Additional on-site landscaping is provided equaling fifteen percent of the parking area, at a minimum.
E. Design Standards and Guidelines—Downtown Business District.
1. Entrances. Primary pedestrian entrances to the building shall face the street frontage or face common open space which is oriented toward the street.
2. Windows Along Streets and Pedestrian Ways.
a. There shall be windows on all sides of the building facing streets and pedestrian ways.
b. All floors of a multifamily building, and all floors above the ground floor of a mixed-use building shall contain transparency consistent with the Washington State Energy Code, including both doors and windows.
c. The ground floor of a mixed-use building shall contain at least seventy-five percent of transparency, including both doors and windows, and shall be visually distinct from the above floors by not repeating the exact dimensions and placement of windows.
3. Blank Walls.
a. Defined. “Blank wall” means a wall or portion of a wall that has eight hundred square feet of vertical surface area without any building modulation, transparency, or other architectural feature.
b. Along streets and pedestrian ways, a minimum of fifty percent of the wall between three feet and twelve feet above grade shall be treated with one or more of the following elements:
1. Architectural variation including but not limited to color, material, and/or modulation.
2. Artwork, including murals and signs.
3. Shrubs, trees, trellises, or other landscaping that will be actively maintained.
4. Equipment Screening.
a. Electrical and mechanical equipment placed on the ground surface or rooftop shall be screened from view by materials that are consistent and compatible with the design, color, and materials of the building.
b. The height of the parapet and other rooftop elements may be increased in order to achieve this and shall comply with the height restrictions of YMC 15.05.030 and 15.10.020(D)(1).
5. Parking.
a. On-site parking shall be installed in accordance with YMC Chapter 15.06, except as follows:
i. Buildings in the downtown business district that cannot physically provide on-site residential parking may utilize permitted off-street public parking (YMC 9.50.200), or off-street private parking through a shared parking agreement.
6. Multifamily Development Limited Downtown. Multifamily development that does not meet the definition of mixed-use located in the downtown business district shall comply with the following standards:
1. Setbacks.
a. New buildings shall have a minimum front yard setback of ten feet from the property line or have windows that begin at least three feet above the elevation of the highest adjoining sidewalk or finished ground surface adjacent to the setback.
2. Multifamily development shall not be permitted on any corner lot along Yakima Avenue unless it includes commercial and residential uses. (Ord. 2023-026 § 2 (Exh. B), 2023).
15.09.030 Common open space requirements.
The following provisions shall apply whenever common open space is proposed by the developer, or when required by an administrative official under Type (2) or (3) review as a condition of approval:
A. Use. The common open space may be used for recreation; shoreline access; landscaping; land use, visual or noise buffer; drainage control; or other uses approved by the reviewing official during project review. Uses authorized for the common open space shall be appropriate with the use, size and density of the proposed development and the natural features of the site. Common open space shall be improved for its intended use, but common open space containing natural features may be left unimproved. All structures and improvements permitted in the common open space must be appropriate with the authorized use and natural features of the common open space. Common open space may be used only for those uses specified in the approved final site plan.
B. Location. The location, shape, size, and character of the open space shall be suitable for the type of project. Generally, common open space shall be:
1. Located next to other open space areas;
2. Located so that it buffers the proposed development from neighboring developments; or
3. Located to provide access to recreation facilities or link recreational facilities with sidewalks or paths.
C. Retention and Maintenance. The final site plan shall include a provision approved by the reviewing official assuring the permanent retention and maintenance of the common 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 administrative official. All legal documents to carry out this requirement shall be approved by the jurisdiction’s legal authority. The document shall contain a provision vesting the city with the right to enforce the permanent retention and maintenance of the common open space and provide that in the event that common open space is permitted to deteriorate, or is not maintained in a condition consistent with the approved plan and program, the city may at its option cause necessary maintenance to be performed and assess the costs thereof 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. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.09.035 Cottage housing.
A. Purpose and Intent.
1. To provide a housing type that responds to changing household sizes and ages (e.g., retirees, small families, and single person households).
2. To encourage creation of more usable open space for residents of the development through flexibility in density and lot standards.
3. To ensure that the overall size, including bulk and mass of cottage structures and cottage housing developments, remain smaller and incur less visual impact than standard sized single-family dwellings, particularly given the allowed intensity of cottage dwellings.
4. To provide centrally located and functional common open space that fosters a sense of community and a sense of openness in cottage housing developments.
5. To provide private area around the individual dwellings to enable diversity in landscape design and foster a sense of ownership.
6. To ensure minimal visual impact from vehicular use and storage areas for residents of the cottage housing development as well as adjacent properties, and to maintain a single-family character along public streets.
B. Development Standards. All cottage housing developments shall comply with applicable development standards in Title 15; provided, that where the standards included herein conflict with the standards in other sections, the standards herein shall apply:
1. Unit Size.
a. Minimum Unit Size: six hundred square feet.
b. Maximum Unit Size: one thousand five hundred square feet.
2. Maximum accessory building footprint for community use: six hundred square feet.
3. Parking.
a. Units greater than one thousand square feet: one and one-half spaces per unit.
b. Units less than one thousand square feet: one space per unit.
4. Common open space: minimum four hundred square feet per dwelling.
a. Shall be designed and maintained as an amenity for residents of the development.
b. Up to thirty percent of the required common open space may be utilized through a community building built for the use of the cottage housing residents.
5. Private open space: minimum two hundred square feet per dwelling.
6. Development size: minimum ten thousand square feet.
a. Subdivision Standards. If the proposed development will be subdivided, the following standards shall apply:
i. Minimum lot size shall be equivalent to the dwelling unit size and private open space requirement.
1. For example, the minimum lot size of a one thousand two hundred square foot dwelling will be one thousand four hundred square feet (one-thousand-two-hundred-square-foot dwelling plus two-hundred-square-foot private open space equals one thousand four hundred square feet).
ii. All common areas (common open space, community buildings, parking, etc.) shall be contained in a tract and include a homeowners association or other such management structure for the continued maintenance and upkeep of common facilities.
7. Maximum height: twenty-five feet.
8. Maximum lot coverage: eighty percent for the entire development site. Lot coverage for individual lots may vary if subdivided.
9. Minimum unit separation: ten feet.
10. Setbacks from exterior property lines:
a. Front: twenty feet.
b. Side: five feet.
c. Rear: ten feet.
11. Clustered developments shall contain a minimum of three and a maximum of twelve cottage housing units located in a cluster group to encourage a sense of community among residents. A development site can contain more than one group.
C. Design Standards and Guidelines. The following design standards and guidelines shall apply to all cottage housing developments:
1. Common Open Space.
a. Shall be designed and maintained as an amenity for residents of the development.
b. Shall be centrally located and be easily accessible to all units within the development.
c. Each area of common open space shall be in one contiguous and useable piece with a minimum dimension of twenty feet on all sides.
d. Shall abut at least fifty percent of the units in the development. A cottage is considered to “abut” an area of common open space if there is no structure between the unit and the common open space.
e. Landscaping located in common open space areas shall be designed to allow for easy access and use of the space by all residents, and to facilitate maintenance needs.
f. Common open space shall be located outside of oversteepened slopes, wetlands, streams, and other associated critical areas buffers, and shall be developed and maintained to provide for passive and/or active recreational activities for the residents of the development.
2. Private Open Space.
a. Shall be located adjacent to each unit for the exclusive use of the resident(s).
b. Each area of private open space shall contain a minimum dimension of ten feet on all sides.
c. May be located wholly or partially under a covered patio or porch on either the front or rear of the unit. This area shall not be included in the maximum unit size calculation.
3. Community Buildings.
a. Community buildings shall be clearly incidental in use and size to the dwelling units.
b. Community buildings shall be located on the same site as the cottage housing development, and be commonly owned by the residents.
4. Parking.
a. Shared detached garage structures shall not exceed four garage doors per building, and a total of one thousand two hundred square feet.
b. For shared detached garages, the design of the structure must be similar and compatible to that of the dwelling units within the development.
c. Shared detached garages and surface parking areas shall be screened from public streets and adjacent residential uses by landscaping or architectural screening.
d. Storage of items which preclude the use of detached garage structures for the parking of vehicles is prohibited.
e. Surface parking areas shall not contain more than four spaces. Clusters shall be separated by a distance of at least ten feet. (Ord. 2022-011 § 2 (Exh. B), 2022).
15.09.040 Zero lot line development.
A. Purpose. 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.
B. Review Required. Zero lot line development in subdivisions and short subdivisions approved after the effective date of the ordinance codified in this section may be approved by a Type (2) review. Zero lot line development may also be approved on lots created before the effective date by a Type (3) review. A site plan meeting the requirements of YMC 15.11.030 or, as applicable, YMC 15.11.040, shall be prepared for all zero lot line development.
C. Development Standards. All zero lot line developments shall comply with the standards of Tables 5-1 and 5-2, the provisions and the following requirements; provided, that where the standards included herein conflict with the standards established in other sections, the standards herein shall apply:
1. 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 5-1.
2. Accessory Building Setback. Accessory buildings and structures shall observe the setback requirements for the main dwelling unit.
3. Maximum Lot Coverage. The total lot coverage on a lot shall not exceed the district requirements established in Table 5-1.
4. 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.
5. Openings Prohibited on the Zero Lot Line Side. In order to maintain privacy, 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.
6. Maintenance and Drainage Easements. A perpetual maintenance, eave overhang, and drainage easement at least five feet wide shall be provided on the lot adjacent to the zero lot line property line, which, with the exception of 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. The wall shall be maintained in its original color and treatment unless otherwise agreed to in writing by the two affected lot owners. Eaves, but no other part of any structure, may protrude across a side lot line, and such protrusion shall not exceed eighteen inches. Water runoff from the dwelling placed on the lot is limited to the easement area.
7. Common Open Space and Maintenance Facilities. Any common open space provided shall comply with YMC 15.09.030. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.09.045 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 (See YMC 15.04.030, Table 4-1, for level of review) 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 YMC Chapter 15.06 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 one thousand 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 two hundred 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 YMC Title 14.
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.
12. ADUs used as a short term rental shall also comply with YMC 15.09.080 and all other applicable codes.
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. 2022-011 § 1 (Exh. A), 2022; Ord. 2020-001 § 1 (Exh. A) (part), 2020: Ord. 2019-044 § 1 (Exh. A) (part), 2019: Ord. 2018-047 § 1 (Exh. A) (part), 2018: Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2010-16 § 13 (part), 2010).
15.09.050 Performance standards—Emissions.
A. Purpose and Application. The purpose of this section is to provide guidelines and general standards governing emissions and miscellaneous items covered herein for use in evaluating the impact of proposed and existing developments and uses, or changes or alterations thereto, being considered under the terms of this title. A reviewing official, including those engaged in Type (1) review, administrative modification review, or compliance under YMC Ch. 15.25 may impose reasonable conditions, or in appropriate instances deny proposed developments based on the standards and guidelines set forth in this section, in order to assure that permitted and existing uses do not generate gases, fumes, heat, glare, vibrations, or store solid waste in a manner inconsistent with the intent of the district and/or incompatible with surrounding uses.
B. Gases, Fumes and Vapors. The emission of any gases, fumes, or vapors dangerous to human health, animal life, vegetation, or property is prohibited.
C. Heat. No use shall produce heat significantly perceptible beyond its lot lines.
D. Glare. No use shall produce a strong dazzling light, or reflection of a strong dazzling light, beyond its lot lines.
E. Vibrations. No use shall cause vibrations or concussions detectable beyond its lot lines without the aid of instruments, except for vibration resulting from construction activity.
F. Storage and Waste Disposal. All materials and waste which might cause fumes or dust, constitute a fire hazard, produce offensive odors, or which may be edible or otherwise attractive to rodents or insects shall be stored in closed containers and in a manner to eliminate or prevent such hazards. (Ord. 2020-001 § 1 (Exh. A) (part), 2020: Ord. 2019-044 § 1 (Exh. A) (part), 2019: Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.09.060 Special development standards for service stations and other retail uses selling motor fuel.
A. Purpose. The purpose of this section is to establish special site design standards for new service stations and other retail uses supplying motor fuel. These standards are intended to assure that these uses are compatible with adjoining residential districts and the character of the district in which they are located.
B. Fifty-Foot Setback from Residential Districts Required. Each pump island shall be set back at least fifty feet from the zoning district boundary of all adjoining residential districts. Other permitted structures shall comply with the setback provisions established in Table 5-1.
C. 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, and sale or leasing of any new or used vehicle. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986. Formerly 15.09.070).
15.09.070 Special requirements for animal husbandry.
A. Purpose. The purpose of this section is to assure that the raising of domesticated farm animals within the urban area is compatible with adjoining residential uses and the intent and character of the district they are located in.
B. Minimum Lot Size. The minimum lot size for animal husbandry within the Yakima urban area is one-half acre. A lot at least one-half acre in size shall be deemed to meet this requirement even though a portion of the lot may be used for a single-family dwelling.
C. Project Review. Animal husbandry operations, which would create noise and odors, attract insects or rodents or are otherwise incompatible with surrounding residential uses or the intent of the zoning district, may be conditioned or denied by the reviewing official in accordance with the provisions of this section.
D. Minimum Setback.
1. No portion of any structure used to house a domesticated farm animal shall be located within one hundred feet of any residence other than a dwelling on the same lot; and
2. No portion of any structure used to house a domestic farm animal shall be located within ten feet of a residence where the residence and domestic farm animal structure are located upon the same lot/tax parcel.
E. Maximum Number of Animals. The maximum number of animals that may be kept on the site at any time of the year shall be the number of animals that can be sustained by the pasture on which they are kept as their primary source of food, except during the winter months. The burden of proving that the pasture can sustain the number of animals in question shall be on the applicant.
F. Fencing. Fencing adequate to contain the animals shall be provided and maintained. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2011-52 § 8, 2011: Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 43, 1993; Ord. 3106 § 21, 1988. Formerly 15.09.090).
15.09.080 Special requirements for short term rentals.
Short term rentals shall meet all applicable health, fire, safety, and building codes. Any reception hall or meeting room shall be restricted to serve no more than the total number of tenants, unless otherwise specifically authorized. In addition, short term rentals shall be subject to the following requirements:
A. Home occupation short term rentals shall meet all thirteen necessary conditions listed in YMC 15.04.120(C) and be operated so as not to infringe upon the rights of neighboring residents to 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 neighborhood.
B. If provided, meals shall only be served to guests, even if required to be licensed as a restaurant under state regulations, except as otherwise permitted in this title.
C. The front yard area shall not be used for off-street parking for guests unless the parking area is screened and found to be compatible with the neighborhood or unless waived by the reviewing official.
D. One nonilluminated or externally illuminated sign not exceeding the maximum size allowed within the applicable zoning district, and bearing only the name of the short term rental and/or operator, shall be permitted.
E. The administrative official may authorize use of the short term rental for receptions, group meetings and special gatherings based upon the size of the residence, availability of adequate off-street parking spaces, public health considerations, and compatibility with the surrounding neighborhood.
F. No more than five lodging or guest rooms shall be allowed for home occupations.
G. There shall be no exterior alteration to the building which would change its character from a dwelling.
H. The portion of the residence used for a short term rental shall be designed that it may be readily converted to serve residential uses.
I. The short term rental shall be conducted in a manner that will not alter the normal residential character of the premises by the use of color, materials, lighting and signs, or the emission of noise, vibration, dust, glare, heat, smoke or odors.
J. The short term rental shall not generate materially greater traffic volumes than would normally be expected in the residential neighborhood.
K. The short term rental shall not require the use of electrical or mechanical equipment that would change the fire rating of the residence or exceed FCC standards for residential use.
L. A business license shall be required. (Ord. 2020-001 § 1 (Exh. A) (part), 2020: Ord. 2019-044 § 1 (Exh. A) (part), 2019: Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 44, 1993. Formerly 15.09.100).
15.09.090 Special requirements for social card rooms.
No social card room shall be permitted within five hundred 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. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008: Ord. 2002-53 § 4, 2002. Formerly 15.09.190).
15.09.100 Private street review requirements.
Private Roads—General Requirements. Private streets serving three lots, housing units or more may be approved as an element of a master planned development overlay (YMC Chapter 15.28), a mobile home/manufactured park (YMC 15.04.150), a condominium or within a binding site plan in conformance with subdivision requirements.
A. Any private road that is located in a private street subdivision shall be constructed to the minimum standard of the appropriate jurisdiction and shall be permanently retained and maintained as a private road.
B. Private roads are the responsibility of the landowners to construct and maintain in accordance with YMC Chapter 15.09 and shall be specified in a homeowner’s association, development agreement or other maintenance plan.
C. Names for private roads shall be approved by city planning division.
D. Private roadway signs with street name designations shall be provided by and maintained by the developer or homeowner’s association and shall be located at the intersections of private roads. Such signs shall meet the specifications set forth by the respective governing body.
E. A gate may be installed at the entrance to a private street, provided there is a minimum of 50 feet between the public street and the gate and the width of each travel aisle is 24 feet.
F. A private gate shall not obstruct emergency, public service, or utility vehicles access.
G. Private roads and the entire easement or right-of-way width shall be open and available for use by emergency, public service, and utility vehicles.
H. The face of any plat, short plat, master development plan, binding site plan, or condominium document containing a private road, and all subsequent documents transferring ownership of lots within such plat or short plat, shall bear the following language:
The City of Yakima has no responsibility to build, improve, maintain or otherwise service any private road for this plat/short plat. Any right-of-way dedicated to the public by this plat/short plat shall not be opened as a City (or County) street until such time as it is improved to city street standards and accepted as part of the City transportation system.
I. The placement of utilities shall be coordinated as much as possible with the placement of private roads and public rights-of-way.
J. Utility easements having a minimum width of eight feet shall serve each interior lot. Utility easements shall be located outside private access easements and dedicated road rights-of-way unless approved otherwise by the city engineer. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008).
15.09.110 Reasonable accommodations process.
A. Purpose. This chapter has been enacted to authorize the director of community development or his designee to waive or vary provisions of the code when necessary to reasonably accommodate the statutory rights of the disabled under the Americans With Disabilities Act (ADA), the Fair Housing Act (FHA) or the Washington Law Against Discrimination (WLAD). This process shall be interpreted and administered in order to ensure the full exercise and enjoyment of a disabled person’s right to the residential housing of his/her choosing. The provisions of this chapter shall apply to commercial and may apply to some residential activities or zones; provided, that nothing herein shall be interpreted to limit the exercise of a disabled person’s rights by or through a residential care provider. In the event of any conflict or if an interpretation of this chapter is required, it shall be implemented and interpreted in accordance with the provisions of the Americans With Disabilities Act, the Fair Housing Act and the Washington Law Against Discrimination.
B. Reasonable Accommodations.
1. Upon the application of a disabled person or individual or entity providing services to the disabled in a residential facility or other group living arrangement, the director of community development or his designee is hereby authorized to vary, modify, or waive the provisions of the Yakima Municipal Code, including the provisions of YMC Titles 10, 11 and 15, in order to provide a reasonable accommodation as necessary to provide to a disabled person’s or care provider to the disabled’s full enjoyment of a residence.
2. The city’s duty to accommodate is an affirmative one, and the director of community development is thereby authorized to provide accommodations in a thoughtful and proactive manner.
3. The following review may, at the director of community development’s discretion, include citizen input into the administrative process. The director of community development shall provide written notice of the accommodation to the applicant and property owners within three hundred feet of the subject site.
4. When applying this reasonable accommodation process to the Yakima Municipal Code, including the state building code and other codes adopted pursuant to Yakima Municipal Code, the staff shall avoid the stereotypical assumptions regarding the disabled and shall attempt to ascertain the actual physical and/or mental limitation of the disabled individual in order to craft an accommodation which best suits the exercise of that individual’s rights.
C. Waiver of Building Code Requirements. No reasonable accommodation shall be provided by a waiver or variance of the provisions of the codes adopted pursuant to YMC Titles 10, 11 and 15, which does not substantially accomplish the purposes of those titles or which would reduce the fire safety of any structure. Modifications, waivers, or variances of the provisions of International Building Code, International Fire Code, and other codes adopted pursuant to YMC Titles 10 and 11 shall provide at least the same level of safety required by the respective Washington State code. The applicant shall have the burden of establishing that the proposed modification, waiver, or variance accomplishes substantially the same purpose without reduction of fire safety.
D. Accommodations Personal to the Applicant. The accommodation provided shall be personal to the applicant and shall not run with the land; provided, that a change in a residential structure necessary to accommodate the operation of a residential care provider to the disabled may be continued by future operations of similar facilities at the site who established the same use within six months of the date the prior use by the disabled person or residential care provider ceases. The director of community development may direct that any physical change in the structure which would otherwise be illegal under the use or bulk requirements of YMC Title 15, Yakima Urban Area Zoning Ordinance, be brought into compliance six months after the date of sale or transfer of a residential structure to a person or entity not qualifying for the protections of the ADA, FHA, and WLAD.
E. Appeal. Interested persons, that are persons located within three hundred feet of the building site, may appeal the reasonable accommodation by filing a petition for review with Yakima County superior court within ten days of the date of mailing of the notice of decision. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009: Ord. 2008-46 § 1 (part), 2008).
15.09.120 Community garden development standards.
A. Purpose. The purpose of this section is to establish minimal development standards for community gardens which allow private groups or neighborhoods to use privately or publicly owned lands to establish a garden for the cultivation of fruits, vegetables, plants, flowers, or herbs that is maintained by the group members who may or may not have ownership in the subject property. These standards are intended to assure that the established community gardens are compatible with adjoining land uses, the character of the district in which they are located, and will not otherwise have any unmitigated negative environmental impacts.
B. Review Process. Community gardens shall follow either the Type (1) or Type (2) review processes as specified by YMC Chapters 15.13 and 15.14, and 15.04 Table 4-1, Permitted Land Uses.
C. Additional Type (1) and (2) Review Submittal Requirements for Community Gardens. Applications for community gardens shall include, but are not limited to, a “memorandum of understanding (MOU)” or “agreement” between the city and applicant, which includes the following elements:
1. Right of operating/use agreement, between the property owner and sponsoring organization, which includes: term of use, location and size of planting area(s), and supporting uses and/or structures. These items shall be shown on a site plan that meets the requirements of the site plan checklist, specified in YMC Chapter 15.11.
a. The term of the above required right of operating/use agreement shall be a minimum of one year; however, none of the implementing regulations which govern community gardens shall prevent an applicant from submitting an agreement with a term that extends beyond this minimum requirement;
2. Sponsoring organization name, contact information, etc.;
3. Rules established for the prohibition of selling goods and produce grown on site: i.e., produce grown on site may not be sold;
4. Rules established for the use of herbicides, pesticides, and chemical fertilizers should be contained on site, and used in accordance with label instructions and generally accepted horticultural practices;
5. Maintenance procedures and regulations established for the control of weeds, garbage, standing water, odors associated with composting, the identification of how garden waste will be dealt with (on-site composting or hauled away), and the proposed winterization of the garden;
6. Water/irrigation: indication of method of providing water (i.e., certificate of availability), and indication of water runoff prevention;
7. Rules established for the use of equipment/tools, sheds (storage of hazardous materials, i.e., fertilizers), and other structures;
8. Hours of operation which conform to the provisions of YMC 6.04.180(E) in terms of hours of operation, and intensity of noise.
D. Required Parking.
1. Total Number of Required Parking Spaces. The total number of required parking spaces for each type of community garden shall be as follows:
a) Community gardens (accessory to an approved principal use): none.
b) Community gardens (with planting area of one-quarter acre or less): none.
c) Community gardens (with planting area of more than one-quarter acre and up to one-half acre): two spaces.
d) Community gardens (with planting area of more than one-half acre up to one acre): four spaces.
2. Surfacing. Required parking for community gardens shall consist of an unpaved surface of compacted gravel.
3. Dimensions. The area of each parking space shall be no smaller than nine feet by nineteen feet.
4. Shared Parking. Community gardens may share parking with a nearby use/business in accordance with YMC 15.06.050.
5. Administrative Adjustment of Parking Authorized. Notwithstanding any contrary provision in Chapter 15.10 YMC, the total number of parking spaces for community gardens may be administratively adjusted under the provisions of YMC Chapter 15.10, as the parking standards for community gardens are codified under both the provisions of YMC Chapters 15.06 and 15.09.
E. Accessory Structures. Accessory structures for community gardens are permitted as an accessory use to a community garden or as otherwise permitted under the provisions of YMC 15.04.060, and as described below:
a) Community gardens (accessory to an approved principal use):
a. Accessory structures one hundred twenty square feet or less are permitted in accordance with YMC 15.05.020(E)(2).
b) Community gardens (with planting area of one-quarter acre up to one acre):
a. Accessory structures one hundred twenty square feet or less are permitted in accordance with YMC 15.05.020(E)(2); and
b. Accessory structures larger than one hundred twenty square feet are permitted in accordance with YMC 15.05.020(E)(1) and building permit issuance. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2014-030 § 4, 2014).
15.09.200 Adult business.
A. Purpose. All adult business uses shall comply with the requirements of this section. The purpose and intent of requiring standards for adult business uses is to mitigate the adverse secondary effects caused by such facilities and to maintain compatibility with other land uses and services. In furtherance of this purpose, this section is intended to regulate the location of adult entertainment and commercial enterprises in order to promote the health, safety and welfare of all citizens and in order to preserve and protect the quality of life in and around all neighborhoods through effective land use planning and reasonable regulation in light of the findings set forth herein and the facts and evidence contained in the legislative record.
The standards established in this section shall apply to all adult business uses. Adult business uses are recognized as having objectionable operational characteristics, particularly when they are aggregated in one area. Since these uses have a harmful effect upon adjacent uses, and residential and commercial uses in particular, special regulation of adult business uses is necessary to avoid adverse effects arising from adult businesses so they will not contribute to the blighting or downgrading of the surrounding neighborhood. It is the intent of this section to allow these uses to exist in a dispersed manner within specific zoning districts.
The standards established in this section shall not be construed to restrict or prohibit the following activities or products: plays, operas, musicals, or other dramatic works; classes, seminars or lectures for educational or scientific purposes; nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities; nudity within a hospital, clinic or other similar medical facility for health-related purposes; and all movies and videos that are rated G, PG, PG-13, R and NC-17 by the Motion Picture Association of America.
B. Special Definitions Specific to This Section. For the purpose of this section, the following words and phrases shall have the following meanings:
1. “Administrative official” means the director of the community development department of the city.
2. “Adult arcade/viewing booth” means any booth, cubicle, stall, or compartment that is designed, constructed, or used to hold or seat patrons and is used for presenting adult media for observation by patrons therein. This definition does not apply to a theater, movie house, playhouse, or a room or enclosure or portion thereof that contains more than six hundred square feet. Those greater than six hundred square feet shall be considered an adult motion picture theater.
3. “Adult business uses” means any uses on premises to which the adult public, patrons or members are invited or admitted or wherein any employee or other person provides, exhibits or performs adult entertainment or operates an adult commercial establishment, to or for a member of the adult public, a patron or a member, and specifically includes the list below:
a. Adult commercial establishments;
b. Adult motion picture theaters;
c. Adult arcades/viewing booths;
d. Adult cabarets, dance halls and dance studios.
Also refer to specific prohibited uses identified in subsection E of this section.
4. “Adult cabaret/dance hall” or “dance studio” means a building or portion of a building regularly featuring dancing or other live adult entertainment if the dancing or entertainment provided is distinguished or characterized by an emphasis on the exhibiting of specified sexual activities or specified anatomical areas for observation by patrons therein (YMC Chapter 5.30).
5. “Adult commercial establishment” means any premises on which or where adult media or sexually oriented toys or novelties are the majority of articles or items for sale and/or rent. Majority shall be determined to exist when forty percent or more of the establishment’s gross public floor area is devoted to adult media or sexually oriented toys or novelties. Commercial establishments where the sale and/or rent of adult media or sexually oriented toys or novelties do not account for forty percent or more of the establishment’s gross public floor area shall adhere to the standards set forth in subsection (C)(2) of this section.
6. “Adult entertainment” means any exhibition or dance of any type, pantomime, modeling or any other performance, including motion pictures, which involves the exposure to view of any specified anatomical areas or involves any specified sexual activities.
7. “Adult media” means magazines, books, videotapes, movies, slides, CD-ROMs or other devices used to record computer images, or other media that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified anatomical areas or specified sexual activities.
8. “Adult motion picture theater” means an establishment emphasizing or predominantly showing movies that exhibit specified sexual activities.
9. “Body studio” means any premises, other than a licensed massage parlor, reducing salon, health spa or public bath house, upon which is furnished, or which is offered to be furnished, for a fee or charge or other like consideration, the opportunity or act of painting, massaging, feeling, handling or touching the unclothed body or any unclothed portion of the body of another person, or to observe, view or photograph any such activity.
10. Church. See definition in YMC 15.02.020.
11. “City” means the city of Yakima.
12. “Department” means the community development department of the city.
13. “Escort and introductory service” means services provided with the intent to perform prohibited specified sexual activities, specified sexual exhibitions or other activities prohibited in this section.
14. “Massage parlor” means a commercial establishment in which massage or other touching of the human body is provided for a fee and which excludes any person by virtue of age or sex from all or any portion of the premises in which such service is provided.
15. “Media” means anything printed or written, or any picture, drawing, photograph, motion picture, film, videotape or videotape production, or pictorial representation, or any electrical or electronic reproduction of anything that is or may be used as a means of communication. Media includes, but is not limited to, books, newspapers, magazines, movies, videos, sound recordings, CD-ROMs, other magnetic media, and undeveloped pictures.
16. Park. See definition in YMC 15.02.020.
17. “Residential zoning district” means the suburban residential (SR); single-family residential (R-1); two-family residential (R-2); and multifamily residential (R-3) zoning districts as defined in YMC Chapter 15.03.
18. School. See definition in YMC 15.02.020.
19. “Sexually oriented toys or novelties” means instruments, devices, or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to simulate human genital organs.
20. “Specified anatomical areas” means (1) less than completely and opaquely covered: human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered.
21. “Specified sexual activities” means human genitals in a state of sexual stimulation or arousal or acts of human masturbation, sexual intercourse, sodomy, or fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.
22. “Specified sexual exhibitions” means any exhibition, performance or dance which is intended to sexually stimulate any member of the public and which is conducted on a regular basis or as a substantial part of the premises activity. This includes, but is not limited to, any such exhibition, performance or dance performed for, arranged with or engaged in with fewer than all members of the public on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance and which is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing.
C. Permitted Uses. Adult business uses shall be permitted subject to the following conditions:
1. Subject to the provisions of this code and compliance with the development standards of this section, adult business uses shall be considered permitted uses, in and only in the M-1 (light industrial) zoning district. Adult business uses are prohibited in all other zoning districts.
2. Commercial uses approved for zoning requirements of Chapters 15.04 through 15.08 that sell and/or rent adult media or sexually oriented toys or novelties, but for which that portion of the establishment’s gross public floor area devoted to the sale or rent of adult media or sexually oriented toys or novelties accounts for less than forty percent of gross public floor area of the commercial use, shall:
a. Restrict persons under the age of eighteen from purchasing and/or renting the adult items; and
b. Contain those adult items in a separate area appropriately sited and signed to restrict access to people under the age of eighteen, or behind a counter.
D. Development Standards. The following standards shall apply to proposed adult business uses, permitted under this section:
1. Adult business uses shall adhere to the following standards:
a. Separation Standards.
1. The parcel that contains the adult business use, and the signs relating to the use, shall not be located within eight hundred feet of any of the following preexisting uses or previously established districts:
a. The outside boundary of any parcel that contains a public school, private school or day care facility;
b. The outside boundary of any parcel that contains a church or other house of worship;
c. The outside boundary of an existing public park;
d. The outside boundary of any parcel that contains a public library;
e. A residential zoning district; and
f. The boundary of any city adjacent to the City of Yakima.
2. The parcel that contains an adult entertainment use shall not be located within one thousand five hundred feet of a parcel supporting a similar adult entertainment use as defined in this section, whether such similar use is located within or outside the city limits.
3. The general site screening requirements of YMC Chapter 15.07 shall apply.
4. The separation requirements stated in subsections (D)(1)(a)(1)(a) through (e) and (D)(1)(a)(2) of this section shall be measured by extending a straight line from the nearest point on the property line of the parcel containing the proposed adult entertainment use to the nearest point on the property line of the parcel containing the other adult entertainment use, school, day care, church, public park, or public library.
b. Licensing. All adult business uses, with the exception of adult commercial establishments, shall be subject to the licensing requirements of YMC Chapter 5.30.
c. Hours of Operation. Any adult business use, as defined in this section, shall not conduct or operate any business or commercial function on or around their premises between the hours of two a.m. and ten a.m. of the same day.
d. Signage. Signage of adult business uses, as defined in this section, shall comply with the provisions of YMC Chapter 15.08, Signs, together with the following specific conditions:
1. Each adult business use shall be allowed one on-premises sign 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 toys,” “adult books”). 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.
2. In accordance with YMC 5.30.040(C), adult entertainment establishments shall conspicuously post a readable sign at or near each public entrance which clearly states, and is printed in letters at least one inch tall, and reads:
THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED BY THE CITY OF YAKIMA. ENTERTAINERS ARE:
A. NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL CONDUCT;
B. NOT PERMITTED TO APPEAR SEMI-NUDE OR NUDE, EXCEPT ON STAGE;
C. NOT PERMITTED TO ACCEPT TIPS OR GRATUITIES IN ADVANCE OF THEIR PERFORMANCE;
D. NOT PERMITTED TO ACCEPT TIPS DIRECTLY FROM PATRONS WHILE PERFORMING UPON ANY STAGE AREA.
This sign shall not, for purposes of administration of this section, limit the allowed use from having one on-premises sign as indicated in subsection (D)(1)(d) of this section. Adult commercial establishments do not need to comply with this standard.
e. Parking. The parking standards in YMC Chapter 15.06 shall apply to all off-street parking for uses under this section.
f. Design Standards. Adult business uses shall conform to the following design standards:
1. Buildings, fences, or other structures which are visible from any public right-of-way shall be of a neutral coloring and design scheme, similar to surrounding commercial facilities.
2. All windows, entries, and other openings shall be screened and/or covered in such a way that no business activity associated with adult entertainment uses, other than approved outside signage, shall otherwise be visible from any public right-of-way or other public space.
E. Prohibited Uses. Adult uses not included in the definition of “adult business uses” pursuant to subsection (B)(3) of this section are prohibited. Prohibited activities include, but are not limited to, massage parlors, escort and introductory services, body studios and specified sexual activities and exhibitions not specifically allowed under the definition of “adult business uses.”
F. Nonconforming Uses. Any adult business use or specified sexual activity/exhibition legally in operation on the effective date of the ordinance codified in this section shall be permitted to continue; provided, that all adult business development standards set forth in this section, with the exception of the separation standards from subsection D of this section, are complied with. Any adult business use preexisting upon the effective date of the ordinance codified in this section meeting all development standards, except said separation standards, shall not be considered nonconforming and shall be allowed to remain as a legally established business. The existing business which operates twenty-four hours per day shall be allowed to continue; provided, that any application for expansion, addition or relocation, after the effective date of the ordinance codified in this section, shall be subject to the review requirements of this section. A protected use specified in subsection (D)(1)(a)(1)(a) through (e) of this section shall not benefit from the separation requirements of this section if the protected use chooses to locate within five hundred feet of a lawfully located and licensed adult business use after the effective date of the ordinance codified in this section. An adult business facility is lawfully located if it has located within the city in accordance with the requirements of this section.
G. Application—Review—Appeal. The review and appeal procedures set forth below shall be the applicable review and appeal procedures for adult business uses:
1. Development Permit Application. Applications for permits for adult business uses shall be made in writing to the administrative official on forms supplied by the department. A general site plan conforming to the provisions of YMC 15.11.030 shall accompany the application. The administrative official may request any other information necessary to clarify the application or determine compliance with, and provide for the enforcement of, this title.
2. Review Procedures. The administrative official shall review all adult business uses for compliance with this title. The administrative official shall notify the applicant of the approval or denial of the application, request additional information, or forward the application to the division for review.
3. Approval. The administrative official shall issue a development permit when it has been determined that:
a. The proposed use is a permitted use under this section;
b. The proposed development complies with the standards and provisions of this title;
c. The proposed development complies with other building and development codes in effect and administered by the administrative official;
d. Proposed development complies with traffic engineering standards and policies established by the appropriate jurisdiction to protect the function and satisfactory level of service of arterial and collector streets; and
e. Any new improvements or expansions of a structure comply with the standards of this title.
The administrative official may issue a development permit subject to specific conditions in mitigation of environmental impacts and control of hazardous materials, and requiring compliance with development standards.
4. Denial—Conditional Approval. When an application is denied, or when an application is approved with conditions, the administrative official shall state the specific reasons and shall cite the specific chapters and sections of this title upon which denial or conditional approval is based. The administrative official may also refer the applicant to the division to determine if relief from such denial or conditional approval is available through other application.
5. Appeals. Any decision by the administrative official to deny issuance of a permit for an adult business use, or the imposition of conditions in issuance of a permit for an adult business use, may be appealed to the hearing examiner under the provisions of YMC 15.16.030.
H. Should any section, paragraph, sentence, clause or phrase of this chapter or its application to any person or circumstance be declared unconstitutional or otherwise invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to other persons or circumstances. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2012-57 § 2 (Exh. A), 2012: Ord. 2010-16 § 13 (part), 2010: Ord. 2009-09 § 1 (part), 2009).
15.09.210 Special requirements for retaining walls.
Retaining walls may be made of any material commonly used for this purpose, such as block, timber, stone or concrete, except that the following materials are prohibited:
1. Materials not manufactured for, or customarily used on, retaining walls unless said materials are certified by a professional engineer. (Ord. 2020-001 § 1 (Exh. A) (part), 2020: Ord. 2019-044 § 1 (Exh. A) (part), 2019: Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2013-045 § 2, 2013).
15.09.220 Marijuana uses.
A. Purpose. The purpose of this section is to regulate marijuana producers, processors, researchers and retailers regulated under Chapters 69.50 and 69.51A RCW by identifying appropriate land use districts and establishing development and performance standards. Further, the purpose of this section is to regulate neighborhood cooperatives as allowed by 2E2SHB 2136, as now written or hereafter codified. Marijuana producers, processors, researchers and retailers, as well as neighborhood cooperatives, shall only be permitted in the zones outlined in the Table of Permitted Land Uses, YMC 15.04.030, and when licensed by the Washington State Liquor and Cannabis Board. The production, sale, and possession of marijuana remains illegal under the federal Controlled Substances Act. Nothing herein or as provided elsewhere shall be construed as authority to violate or circumvent federal law.
B. Definitions. The following definitions are specific to marijuana uses and shall have the following meanings:
1. “Child care center” means an entity or person that regularly provides child day care and early learning services for children and is licensed by the Washington State Department of Early Learning under Chapter 170-295 (Child Care Centers) or 170-296A WAC (Family Home Child Care).
2. “Church” means a building erected for and used exclusively for religious worship and schooling or other activity connected therewith. Marijuana regulations pertaining to a “church” are found in subsection I of this section.
3. “Director” means the city of Yakima community development director or his or her designee.
4. “Elementary school” means a school for early education that provides the first four to eight years of basic education and is recognized by the Washington State Superintendent of Public Instruction.
5. “Game arcade” means an entertainment venue featuring primarily video games, simulators, and/or other amusement devices where persons under twenty-one years of age are not restricted.
6. “Library” means an organized collection of resources made accessible to the public for reference or borrowing supported with money derived from taxation.
7. “Marijuana” or “marihuana” means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.
8. “Marijuana processor” means a person licensed by the State Liquor and Cannabis Board to process marijuana into marijuana concentrates, useable marijuana, and marijuana-infused products, package and label marijuana concentrates, useable marijuana, and marijuana-infused products for sale in retail outlets, and sell marijuana concentrates, useable marijuana, and marijuana-infused products at wholesale to marijuana retailers.
9. “Marijuana producer” means a person licensed by the State Liquor and Cannabis Board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers.
10. “Marijuana retailer” means a person licensed by the State Liquor and Cannabis Board to sell marijuana concentrates, useable marijuana, and marijuana-infused products in a retail outlet.
11. “Marijuana researcher” means a person licensed by the State Liquor and Cannabis Board to produce, process, and possess marijuana for the purposes of conducting research on marijuana and marijuana-derived drug products.
12. “Person” means individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
13. “Playground” means a public outdoor recreation area for children, usually equipped with swings, slides, and other playground equipment, owned and/or managed by a city, county, state, or federal government. “Playgrounds” also means those portions of trail systems which contain playground equipment, such as those playground equipment areas on the Yakima Greenway.
14. “Public park” means an area of land for the enjoyment of the public, having facilities for rest and/or recreation, such as a baseball diamond or basketball court, owned and/or managed by a city, county, state, federal government, or metropolitan park district. “Public park” does not include trails.
15. “Public transit center” means a facility located outside of the public right-of-way that is owned and managed by a transit agency or city, county, state, or federal government for the express purpose of staging people and vehicles where several bus or other transit routes converge. They serve as efficient hubs to allow bus riders from various locations to assemble at a central point to take advantage of express trips or other route-to-route transfers.
16. “Recreation center or facility” means a supervised center that provides a broad range of activities and events intended primarily for use by persons under twenty-one years of age, owned and/or managed by a charitable nonprofit organization, city, county, state, or federal government.
17. “Retail outlet” means a location licensed by the State Liquor and Cannabis Board for the retail sale of marijuana concentrates, useable marijuana, and marijuana-infused products.
18. “Secondary school” means a high and/or middle school: a school for students who have completed their primary education, usually attended by children in grades seven to twelve and recognized by the Washington State Superintendent of Public Instruction.
C. Marijuana producers, processors, researchers and retailers must comply with all requirements of Chapters 69.50 and 69.51A RCW, Chapter 314-55 WAC, now or as hereafter amended, and all applicable city of Yakima ordinances, standards, and codes, including the requirement to obtain a city of Yakima business license. Applicants for a city business license shall first obtain the necessary Washington State Liquor and Cannabis Board license.
D. Limitations on Locations—Producers, Processors, Researchers and Retailers. The following limitations shall apply to all marijuana producers, processors, researchers and retailers, in addition to the limitations outlined in YMC 15.04.030, unless stated otherwise:
1. A marijuana producer, retailer, researcher or processor shall not be located within one thousand feet of the perimeter of the grounds of the following uses, and any use included in Chapter 314-55 WAC now or as hereafter amended:
a. Elementary or secondary school;
b. Playgrounds;
c. Recreation center or facility;
d. Child care centers;
e. Public parks;
f. Public transit centers;
g. Libraries; and
h. Any game arcade, as defined herein.
2. No marijuana producer, processor, researcher or retailer shall be allowed to locate within any residential zone of the city of Yakima.
3. All separation requirements shall be measured as the shortest straight line distance from the property line of the proposed building/business location of a marijuana producer, marijuana processor, marijuana researcher or marijuana retailer to the property line of the entities listed in subsection (D)(1) of this section.
E. Structure Requirements.
1. All marijuana processors, marijuana producers, marijuana researchers and marijuana retailers shall operate in a permanent structure designed to comply with the city building code.
2. No marijuana retailer shall operate out of a mobile structure, nor shall there be any exterior or drive-through sales.
3. No marijuana retailer shall be located within any other business, and may only be located in buildings with other uses if the marijuana business is separated by full walls and with a separate entrance. No more than one marijuana retail business shall be located on a single parcel.
F. Neighborhood Cooperatives. Qualifying patients or designated providers may form a cooperative and share responsibility for acquiring and supplying the resources needed to produce and process marijuana only for the medical use of the members of the cooperative, pursuant to Part X: Medical Use of Marijuana of 2E2SHB 2136, and as codified in RCW 69.51A.250. Neighborhood cooperatives shall follow all statutes, regulations and rules instituted by the legislature or Washington State Liquor and Cannabis Board, as well as the provisions outlined herein.
G. Limitations on Locations—Neighborhood Cooperatives. The following limitations shall apply to all neighborhood cooperatives:
1. A neighborhood cooperative shall not be located within one thousand feet of the perimeter of the grounds of the following uses, and any use included in Chapter 314-55 WAC now or as hereafter amended:
a. Elementary or secondary school;
b. Playgrounds;
c. Recreation center or facility;
d. Child care centers;
e. Public parks;
f. Public transit centers;
g. Libraries; and
h. Any game arcade, as defined herein.
2. No cooperative may be located within one mile of a marijuana retailer.
3. All neighborhood cooperatives shall be located within the domicile of one of the participants in the cooperative.
4. All separation requirements shall be measured as the shortest straight line distance from the property line of the proposed building/business location of a neighborhood cooperative to the property line of the entities listed in subsections (G)(1) and (G)(2) of this section.
H. Odor.
1. All odor shall be contained in marijuana retailers so that it cannot be detected by a person with a normal sense of smell from any abutting use or property. In the event odor is escaping the building and can be detected from abutting uses or properties, then the marijuana retailer shall be required to implement measures, including, but not limited to, the installation of the ventilation equipment, necessary to contain the odor.
2. All odor shall be contained in neighborhood cooperatives so that it cannot be detected by a person with a normal sense of smell from any abutting use or property. In the event odor is escaping the building and can be detected from abutting uses or properties, then the marijuana retailer shall be required to implement measures, including, but not limited to, the installation of the ventilation equipment necessary to contain the odor.
3. Marijuana production, processing and researching facilities shall be ventilated so that odor from the marijuana and/or marijuana activities occurring in the facility cannot be detected by a person with a normal sense of smell from any adjoining use or property. In the event odor can be detected from any adjoining use or property, then the facility shall be required to implement measures, including but not limited to the installation of the ventilation equipment, necessary to contain the odor. If the ventilation equipment is not installed, or the odor persists, the city may choose to suspend the facility’s business license until the odor issues are addressed in a manner acceptable to the city.
I. Notice. Any applicant for any marijuana producer, processor, researcher or retailer license under Chapter 69.50 RCW shall, no later than sixty days prior to the issuance of its license by the Washington State Liquor and Cannabis Board, provide individual notice of the license to any elementary or secondary school, playground, recreation center or facility, child care center, church, public park, public transit center, library, or any game arcade, admission to which is not restricted to persons aged twenty-one years or older, that is within one thousand feet of the perimeter of the grounds of the establishment seeking licensure. The notice must provide the contact information for the Liquor and Cannabis Board and where any of the owners or operators of these entities may submit comments or concerns about the proposed business location. For the purpose of this subsection, “church” means a building erected for and used exclusively for religious worship and schooling or other activity in connection therewith. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2016-017 § 1, 2016: Ord. 2016-008 § 5, 2016).