Chapter 15.15
TYPE (3) REVIEW
Sections:
15.15.030 Application for Type (3) review.
15.15.040 Review procedures for Type (3).
15.15.050 Notice of examiner’s decision.
15.15.060 Issuance of a zoning decision.
15.15.010 Purpose.
This chapter establishes procedures for issuance of a zoning decision for uses requiring Type (3) review. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.15.020 When required.
Type (3) review is required for any proposed use shown on Table 4-1 as a Class (3) use or for Class (2) uses referred by the administrative official for Type (3) review, and for other specific reviews established by this title. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.15.030 Application for Type (3) review.
Applications for Type (3) review for Class (3) uses shall be made in writing to the planning division on forms supplied by the department. A detailed site plan conforming to the provisions of YMC 15.11.040 shall accompany the application for Type (3) review. The planning division shall forward the application and site plan to the hearing examiner for review in accordance with YMC Title 16. The planning division or hearing examiner may request any additional information necessary to clarify the application or determine compliance with this title. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.15.040 Review procedures for Type (3).
The following procedures will be followed for the review of Class (3) uses:
A. Determination of Completeness. Within twenty-eight days after receiving a project permit application, the city shall mail or provide in person a written determination to the applicant which states:
1. That the application is complete or that the application is incomplete and what is necessary to make the application complete; and
2. To the extent known by the city, the identity of other agencies of local, state, or federal governments that may have jurisdiction over some aspect of the application (YMC 16.04.010).
B. Request for Additional Information. The administrative official may request any additional information necessary to clarify the application or determine compliance with the provisions of this title in accordance with YMC 16.04.020.
C. Incomplete Application. If the city determines an application is not complete, the city shall follow the procedures of YMC 16.04.030. Within fourteen days following receipt of the requested information, the city shall determine whether or not the application is then complete for processing according to the provisions of YMC 16.04.030.
D. Public Hearing. The planning division shall be responsible for assigning a date for, and assuring due notice of, a public hearing for each application. Notice of the time and place of the public hearing shall be given as provided for in accordance with YMC Ch. 16.05. The hearing examiner shall hold at least one public hearing prior to rendering any decision. The applicant shall appear in person or by agent or attorney. Failure to do so may constitute sufficient cause for continuance of the hearing or denial of the application. Other parties may appear in person or by agent or attorney, or may submit written documents regarding the application.
E. Notification of Adjacent Property Owners. A notice of application and public hearing shall be provided to all applicants, designated contact persons, and property owners within three hundred feet of the exterior boundaries of the development site. The notice of application will follow the notice requirements of Yakima Municipal Code Ch. 16.05 and may be either a postcard format or letter size paper.
The administrative official may also, but is not required to, solicit comments from any other person or public agency the administrative official feels may be affected by the proposal.
F. Report of Planning Division. The planning division shall distribute copies of the site plan to other affected departments, agencies, and jurisdictions for review and comment and shall coordinate and assemble the comments received. These comments shall be included in a report prepared by the division summarizing the proposal and stating the division’s findings and recommendations. At least seven calendar days prior to the scheduled hearing, copies of the planning division’s report shall be filed with the examiner, mailed to the applicant, and made available for public inspection.
G. Examiner’s Decision. Within ten days of the conclusion of a hearing, unless a longer period is agreed to on the record or in writing by the applicant, the examiner shall render a written decision. The hearing examiner may approve, deny, or conditionally approve the proposal.
H. Conditional Approval. The hearing examiner may attach conditions to his or her approval in order to assure the development is consistent with the intent of this title, the zoning district, the development standards and the other provisions of this title.
I. Findings and Conclusions. The hearing examiner shall prepare written findings and conclusions stating the specific reasons and citing the specific chapters and sections of this title upon which his or her decision to approve with conditions or deny the zoning decision is based. The findings shall demonstrate that the hearing examiner’s decision complies with the objectives of the Yakima urban area comprehensive plan, the intent of the zoning district, and the provisions and standards established herein. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 49, 1993; Ord. 2947 § 1 (part), 1986).
15.15.050 Notice of examiner’s decision.
Copies of the examiner’s decision shall be sent by certified mail to the applicant. Copies of a “summary of decision” will be sent by regular mail to other parties of record in the case not later than three working days following the rendering of a written decision by the examiner. Copies of the complete decision or summary decision will be made available upon request. If the effect of the decision is a recommendation to the legislative body, the original thereof shall be transmitted to the legislative body. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 93-81 § 50, 1993: Ord. 2947 § 1 (part), 1986).
15.15.060 Issuance of a zoning decision.
No use requiring review by the hearing examiner shall be entitled to a development permit until and unless the hearing examiner approves a final site plan and issues a zoning decision. The zoning decision is not a building or development permit, and does not by itself authorize the construction or occupancy of any use or structure. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.15.070 Appeals.
Decisions by the hearing examiner under Type (3) review may be appealed to the legislative body in accordance with YMC Chapter 16.08. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).