Chapter 15.12
PERMITS
Sections:
15.12.030 Compliance with development permit and final zoning decision and site plan required.
15.12.040 Official record for approvals to be maintained as public record.
15.12.060 Expiration and cancellation of development permits and zoning decisions.
15.12.070 Certificates of occupancy required at discretion of administrative official.
15.12.080 Performance assurance.
15.12.010 Purpose.
The purpose of this chapter is to specify the general requirements for permits under this title and to specify certain administrative provisions concerning permits issued under this title. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.12.020 Required permits.
A. Development Permit. Except as provided in subsection C of this section, no use, development, or modification to use or development, as those terms are defined by this title, may be established, placed, performed, constructed, made or implemented, in whole or in part, without the issuance of a development permit by the administrative official. When a building permit is required, the building permit shall serve as the development permit.
B. Final Zoning Decision and Site Plan. No development permit may be issued without the prior issuance of a zoning decision and final site plan by the administrative official in which the applicable appeal period has not lapsed or any filed appeal has not been resolved.
C. Exemptions. The following developments and modifications to developments are exempt from the review and permit provisions of this title; provided, they do not involve a required site improvement:
1. Normal structural repair and maintenance;
2. Changes to conforming structures that do not involve structural alterations as that term is defined by this title;
3. Rehabilitation of dwelling units when such rehabilitation does not expand the number of dwelling units nor physically expand the structure;
4. Accessory structures otherwise meeting the specific development standards and requirements of this title and that do not require a building permit under the provisions of the building code;
5. Exempt signs;
6. Yard sales meeting the requirements in YMC 15.04.090;
7. Alteration to land, including grading and leveling, paving, stockpiling, and excavation, the fair market value of which does not exceed five hundred dollars; and
8. All construction of private or public roads, construction of sewer, electric, and water utilities pursuant to an approved and valid short or long subdivision regulating such improvements.
D. Development Permit—Issuance in Conjunction with Another Permit. If the administrative official is designated and/or authorized to review and issue a permit under the provisions of any other city code or ordinance applicable to the development, he/she may require issuance of the development permit under this title to be issued only in conjunction with that other permit. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2005-81 § 5, 2005; Ord. 3106 § 24, 1988; Ord. 3019 § 44, 1987; Ord. 2947 § 1 (part), 1986).
15.12.030 Compliance with development permit and final zoning decision and site plan required.
A. Development Permit Compliance Required. Development permits issued on the basis of plans, applications and conditions of approval imposed by the administrative official, and/or on the basis of a final zoning decision and site plan review, authorize only the use, arrangement, and construction set forth in the approved plans, and application together with any associated conditions of approval and the final site plan. Any use, arrangement, or construction inconsistent with that authorized is a violation of this title and is punishable as provided in YMC Chapter 15.25.
B. Site Plan Compliance Required. Whenever any detailed or general site plan is required by operation of this title and is part of any approval of development or modification of development, the final site plan shall be binding on all existing or subsequent owners and occupiers of the property. The owner and/or occupier of any property, development, or structure, which is the subject of a final detailed or general site plan, shall be required to maintain the property and development in full compliance with the terms and conditions of the approved final site plan and any associated terms and conditions of approval for the development. Failure to do so shall constitute a violation of this title and is punishable as provided in YMC Chapter 15.25.
C. Site Inspection by the Building Official Authorized. The building official is authorized to perform interim and final inspections of all development and modifications to development to assure that it has been established and/or constructed in conformance with the final site plan and associated terms and conditions of approval. The building official may coordinate such inspections with the inspections required by other applicable codes or ordinances. When the development, as built, conforms to the final site plan, the building official shall so certify on the face of the site plan on file with the appropriate jurisdiction. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.12.040 Official record for approvals to be maintained as public record.
A. For Type (2) and (3) Approvals. The division shall maintain an official record of all approved and currently applicable zoning decisions and development permits requiring review and approval by the administrative official and/or hearing examiner. The official record shall include the application, a copy of the zoning decision, and the development permit, together with their associated site plans and the terms and conditions of approval. Such documents shall constitute an official record and shall be open for public inspection and copying in accordance with the other provisions of law.
The division and administrative official shall immediately upon issuance of a zoning decision and development permit place the original or duplicate in the official record, noting the date of filing of the document. The official record required by this section shall constitute the authority as to the current applicable limitations and requirements pertaining to specific approvals issued under this title and shall constitute constructive notice to third parties of the existence and terms of said approval. The division shall be the official custodian of said record and is authorized to issue certified copies. Any unauthorized change of any kind by any person to the documents or records in the official record required by this section shall constitute a violation of this title and be punishable as provided under YMC Chapter 15.25. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.12.050 Final site plans.
A. Final Site Plan Required. A final site plan shall be submitted with all applications, and shall be required as a condition of approval for all review applications. The final site plan shall include the items shown on the original site plan and the additions and modifications required by the administrative official.
B. Final Site Plans—Form and Content. All final site plans shall be drawn to scale and be legibly drawn, prepared, or printed by a process guaranteeing a permanent record in black on paper, or equivalent material as required by the division. Unless the division requests or authorizes a different size or scale, the size and scale of the final site plan shall conform to the requirements of YMC 15.11.030 or 15.11.040 as applicable. Where necessary, the final site plan may be on several sheets accompanied by an index sheet showing the entire site plan. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2011-12 § 12, 2011: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 47, 1993; Ord. 3019 § 45, 1987; Ord. 2947 § 1 (part), 1986).
15.12.060 Expiration and cancellation of development permits and zoning decisions.
A. Zoning Decision—Expiration. A zoning review decision in which the appeal period has lapsed without appeal shall automatically expire and terminate when:
1. A new or modified zoning decision has been issued for the same parcel or parcels; or
2. A development permit based on the zoning decision has not been issued within one year from the date of issuance of the decision; or a time period of not less than one year specified by the administrative official; or
3. The development permit issued on said decision terminates or is canceled under the provisions of this title.
B. Development Permit and Building Permit Expiration. A development permit shall automatically expire and be terminated when:
1. A new or modified development permit is issued for the parcel or parcels affected; or
2. The work or action authorized in the development permit has not begun within one hundred eighty days from the date of issuance thereof, unless a longer time is specified in the approval itself; or
3. The work or action authorized in the development permit has not been completed within two years from the date of issuance thereof, unless a longer time is specified in the approval itself;
C. Extension of Any Approved Development Permit and/or Zoning Decision. A valid zoning decision and/or a valid development permit may be extended one time only for up to one additional year by action of the administrative official. Requests for extensions shall be in writing to the division and shall be accompanied by the previously approved final general or detailed site plan showing the location and size of any development or work already completed on the project. The administrative official shall review the application without public notice or hearing and issue the decision within ten days from the receipt of the completed application. The administrative official may:
1. Approve the extension;
2. Approve the extension with conditions to assure the work will be timely completed; or
3. Disapprove the extension.
An extension shall be issued for good cause only and the burden of showing cause shall be upon the applicant. The administrative official shall mail his or her decision to the applicant and shall specify his or her decision as final unless appealed under the provisions of YMC Chapter 15.16. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 48, 1993; Ord. 3019 §§ 46, 47, 1987; Ord. 2947 § 1 (part), 1986).
15.12.070 Certificates of occupancy required at discretion of administrative official.
A. Purpose. The purpose of this section is to provide a means to assure that the terms and conditions of approval imposed after review of development under this title are actually and properly complied with and implemented in a timely fashion, all in furtherance of the goals and policies of this title, the Yakima urban area comprehensive plan, and the public welfare and interest.
B. Certificate of Occupancy May Be Required. There is a condition of approval for the issuance of any development permit or zoning decision or any other permit or approval under this title. The administrative official and division, when engaged in administrative modification review under YMC Chapter 15.17, may require or specify that the approved use or occupancy of the structure or land may not occur without the issuance of a zoning decision issued by the administrative official certifying that all required site improvements have been fully and properly constructed and that all the terms and conditions of approval have been met. Where such condition is imposed by the administrative official, any use or occupancy of the property or structures, in whole or in part, without the issuance of a certificate of occupancy, is a violation of this title and is punishable under the provisions of YMC Chapter 15.25.
C. Procedures. The administrative official may perform interim and final inspection of the development at his or her own initiative, but shall do so within five days of any request made by the permit holder. The administrative official is authorized to conduct interim and final inspections of the development and may coordinate such inspections with the inspections required by other applicable codes and regulations.
D. Temporary Occupancy Prior to Completion. The administrative official may authorize temporary occupancy of development prior to the issuance of a required certificate of occupancy when, upon request, he or she finds that all the following conditions are met:
1. The applicant is unable to complete all required improvements because of unavoidable circumstances that in no way resulted from the action or inaction of the applicant or permit holder;
2. It is reasonably certain that the applicant will be able to complete the improvements within a reasonable amount of time;
3. Delaying completion of the improvements until after occupancy will not be materially detrimental to property in the vicinity of the proposed development, the health, safety, and welfare of the general public, or the goals and policies of this title and the Yakima urban area comprehensive plan;
4. Security for the completion of required improvements and terms and conditions of approval has been made in accordance with YMC 15.12.080 for any public improvements associated with the development; and
5. The development complies with minimum life and safety codes and the building official has declared the development safe for use. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.12.080 Performance assurance.
A. Purpose. The purpose of this section is to provide a means to assure that the terms and conditions of approval pertaining to construction or changes to public improvements imposed after review of development under this title are actually and properly complied with and implemented in a timely fashion.
B. Performance Assurance Required as a Condition of Approval. As a condition of approval of the issuance of any development permit or zoning decision, or any other permit or approval issued under this title, the administrative official may require security for the performance and completion of any proposed or required public improvement or any other term or condition of approval pertaining to a public improvement. The estimate of the performance and completion of any proposed or required public improvement or any other term or condition of approval pertaining to a public improvement will be reviewed and/or calculated by the city engineer or a designee. When such security is required, it shall be made in accordance with this section and must be made and approved prior to the issuance of the development permit.
C. Forms of Security. The applicant may provide security in the form of one or more of the following:
1. A cash security deposit;
2. A bond; or
3. A deed of trust/mortgage on the subject property or other property;
Provided, however, that the quality, sufficiency, amount, and exact form of the security, are subject to the approval and satisfaction of the city engineer and administrative official. Whenever any security is provided by an applicant it shall state directly or by reference all the following provisions:
1. The improvements or performance secured;
2. A date or dates of required compliance;
3. The amount of the security;
4. That the security is in favor of the city of Yakima; and
5. That the applicant shall maintain the security in force until completion of the public improvement or condition for which security was provided.
D. Security Deposits. The following provisions apply to security in the form of a security deposit. When a security deposit is made under the provisions of this section, a written agreement shall be made and signed by the administrative official on behalf of the city. Security deposits shall be made directly to the administrative official and such funds shall be kept in an identifiable trust account. The applicant may designate the location and type of account, and any interest earned thereon shall accrue to and remain in such account. The cost of the account shall be provided for by the applicant or may be deducted from the security deposit.
If the improvements or performances secured by the deposit are not timely completed, the administrative official shall notify the applicant in writing, stating:
1. The nature of the noncompliance and the action necessary to correct the same; and
2. The amount of time in which the applicant has to take corrective action; and
3. That if corrective action is not completed within the time specified the city will apply the funds in the security deposit in order to effect compliance.
If the corrective action is not taken by the applicant or permit holder within the time specified in the notice given by the administrative official, the city shall, through its representatives, take whatever action that the city deems necessary. In addition, the city shall perform or complete the items covered by the security deposit and shall apply funds held therein to the cost of such completion or performance. Any excess or surplus funds shall be refunded to the applicant.
E. Bonds. The following provisions shall apply to bonds provided as security under this section. The bond or other security shall be in an amount and with such surety and conditions satisfactory to the administrative official.
F. Deeds of Trust. Security provided in the form of deeds of trust shall comply with the following provisions. Deeds of trust shall be recorded, the cost of which will be borne by the applicant. If the improvements or performance secured by the deed of trust are not completed, the administrative official shall notify the applicant in writing, stating:
1. The nature of the noncompliance and the action necessary to correct the same;
2. The amount of time in which the applicant has to take corrective action; and
3. That if corrective action is not completed within the time specified the city will take corrective action itself and/or foreclose the deed of trust.
On failure of the applicant or permit holder to complete corrective action within the time specified, the city may, at its option and through its designated representatives, either:
a. Take action necessary or convenient to perform or complete the events secured by deed of trust, and thereafter institute foreclosure of the deed of trust in any manner allowed by law; or
b. Institute foreclosure action on the face amount of the deed of trust in any manner allowed by law.
G. Partial Releases. An applicant may request a partial release of any security provided under this section based on partial completion or compliance with the events secured. If the administrative official determines that partial release is warranted, he may cause a partial release of security in an amount deemed by him to be appropriate.
H. Applicant and Permit Holder Responsible for Deficiencies. The applicant and/or permit holder is responsible for all costs incurred by the city in causing completion of the events secured by any security provided for under this section. If, after fully applying the security, a deficiency remains, the applicant and/or permit holder shall be jointly and severally liable for such deficiency and for reasonable attorney’s fees necessary to collect the same.
I. Administration. The administrative official is authorized to sign documents and otherwise administer securities under the provisions of this section. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 3019 § 48, 1987; Ord. 2947 § 1 (part), 1986).