The purpose of this chapter is to specify certain standards that, under special circumstances, may apply to or be required for approval of a proposed development or modifications to development.

(Ord. 2274 § 1 (part), 2000)

A.

Purpose. The overlay zoning districts are established to coordinate the provisions established in the zoning ordinance, with more detailed policies and standards adopted in other plans and ordinances for the Yakima River greenway, airport, shorelines, and flood hazard areas.

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 district.

C.

Project Review in Overlay Districts. In order to assure the appropriate standards are applied, all Class (1) uses in an overlay district shall be subject to Class (2) review (Chapter 17.13). All Class (2) uses shall be subject to Class (2) review and Class (3) uses in an overlay district shall be subject to Class (3) review. A reviewing official may condition or deny approval of any use, development, or modification thereto in an overlay district, based on the provisions set forth and adopted by this section.

D.

Special Development Standards in the Greenway Overlay District. All development in the greenway overlay district 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 Airport Overlay District. All development in the airport overlay district shall conform to the requirements and standards of the underlying zoning district and the policies and intent of the airport master plan.

F.

Coordination with the Shorelines Master Program. If a proposed Class (2) or (3) use, nonconforming use expansion, or other modification is proposed on property within the jurisdictional boundaries of the applicable shoreline master program and is subject to permits thereof, the proposed change shall not be subject to the procedural requirements of this title, but shall be subject to all applicable standards of this title. If a conflict exists between the standards of the shoreline master program and this title, the more restrictive provisions shall apply.

(Ord. 2274 § 1 (part), 2000)

The following provisions shall apply whenever the developer proposes common open space, or when required by a reviewing official under Class (2) or (3) review as a condition of approval:

A.

Use. The common open space may be used for recreation; shoreline access; landscaping; visual, noise, or land use 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 located:

1.

To provide access to recreation facilities or link recreational facilities;

2.

Next to other open space areas;

3.

So that it buffers the proposed development from neighboring developments.

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 reviewing official. All legal documents to carry out this requirement shall be approved by the jurisdictional legal authority. The document shall contain a provision vesting the county/city with the right to enforce the permanent retention and maintenance of the common open space, and providing 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 county/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. 2274 § 1 (part), 2000)

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 title, may be approved by Class (2) review. Zero lot line development may also be approved, on lots created before the effective date of this title, by Class (3) review. A site plan meeting the requirements of Section 17.11.040 or, as applicable, Section 17.11.050 shall be prepared for all zero lot line development.

C.

Development Standards. All zero lot line developments shall comply with the standards of Table 17.05.020, the provisions of this title, and the following requirements; provided, that where the standards included herein conflict with the standards established in other sections of this title, 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 (10) feet;

c.

Front and Street Side Setback Standards. Front and street side setback standards shall be those shown on Table 17.05.020.

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 17.05.020.

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, eaves overhang, and drainage easement at least five feet wide shall be provided on the lot adjacent to the zero lot line property line which, 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 the provisions of Section 17.09.030.

(Ord. 2274 § 1 (part), 2000)

A.

Purpose and Application. The purpose of this section is to provide guidelines and general standards governing missions and miscellaneous items covered herein for use in evaluating the impact of proposed developments and uses, or changes or alterations thereto, being considered under the terms of this title. A reviewing official, including those engaged in Class (1) review, or administrative modification review 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 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 a 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, with the exception of 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. 2274 § 1 (part), 2000)

A.

Purpose. The purpose of this section is to establish special site design standards for retail businesses involving motor vehicle fueling. 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 (50) feet from the zoning district boundary of all adjoining residential districts. Other permitted structures shall comply with the setback provisions established in Table 17.05.020.

(Ord. 2274 § 1 (part), 2000)

A.

Purpose. The purpose of this section is to assure that the raising of domesticated farm animals in the R-l, R-2, R-3, R-4, and CBD districts is compatible with adjoining residential uses and the intent and character of the district in which they are located.

B.

Minimum Lot Size. The minimum lot size for animal husbandry within the city of Union Gap 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 be 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 and Section 17. 09.050.

D.

Minimum Setback. No portion of any structure used to house a domesticated farm animal shall be within one hundred feet of any residence, other than the dwelling on the same lot.

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. 2274 § 1 (part), 2000)

Bed and breakfast inns 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, bed and breakfast inns shall be subject to the following requirements, except in those zoning districts in which motels and hotels are Class (1), (2), or (3) uses:

A.

Home occupation bed and breakfast inns shall be operated so as not to give the appearance of being a business, and the inn shall not 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.

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 number of guestrooms shall not be increased through any exterior modifications or additions to the home occupation bed and breakfast.

D.

The front yard area shall not be used for off-street parking for bed and breakfast guests, unless the parking area is screened and found to be compatible with the neighborhood, or unless waived by the reviewing official.

E.

One nonilluminated or externally illuminated sign, not exceeding the maximum size allowed within the zoning district in which located, and bearing only the name of the inn and/or the operator, shall be permitted.

F.

The reviewing official may authorize use of the bed and breakfast inn for receptions, group meetings, and special gatherings based upon the size of the inn, availability of adequate off-street parking spaces, public health considerations, and compatibility with the surrounding neighborhood.

G.

The number of lodging or guestrooms in home occupations shall be no more than five.

(Ord. 2274 § 1 (part), 2000)

Adult entertainment businesses are subject to the following:

A.

No adult entertainment business shall be located within one thousand (1,000) lineal feet of lands zoned R-l or R-2 residential;

B.

No adult entertainment business shall be located within one thousand (1,000) lineal feet of the perimeter of any roller or ice skating rink, church, public park, or school grounds;

C.

No adult entertainment business shall be located within one thousand (1,000) feet of any other adult entertainment business.

(Ord. 2274 § 1 (part), 2000)

No "social gambling establishment" shall be permitted within five hundred (500) feet of any public school, private school (meeting the requirements of private schools under Title 28A RCW), church or public park as measured according to RCW 66.24.010(9) or as the same may be hereafter amended.

(Ord. 2407 (part), 2004)

A.

Purpose. The purpose of this chapter is to ensure the effective installation of electric passenger vehicle charging stations. Where any other provisions of the Union Gap Municipal Code directly conflict with this chapter, this chapter shall control.

B.

Designation of Electric Passenger Vehicle Charging Stations.

1.

Level 1 is a considered slow charging and operates on a fifteen (15) to twenty (20) amp breaker on a one hundred twenty (120) volt AC circuit.

2.

Level 2 is considered medium charging and operated on a forty (40) to one hundred (100) amp breaker on a two hundred eight (208) or two hundred forty (240) volt AC circuit.

3.

Level 3 is considered fast or rapid charging and operated on a sixty (60) amp or higher breaker on a four hundred eighty (480) volt or higher three-phase circuit with special grounding equipment. Level 3 stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric passenger vehicles.

C.

Setbacks. Level 3 chargers require a minimum fifty-foot setback from residential districts required. Each bank of charging stations shall be set back at least fifty (50) feet from the zoning district boundary of all adjoining residential districts. Other permitted structures shall comply with the setback provisions established in Table 17.05.020.

D.

Site screening shall comply with chapter 17.07 of this code.

E.

Where Permitted.

1.

Level 1 and 2 electric passenger vehicle charging stations are a permitted use in all zoning districts.

2.

Level 3 electric passenger vehicle charging stations are a permitted in accordance with the Permitted Land Use Table 17.04.030 of this code.

3.

A class 2 review is required for any electric passenger vehicle charging station proposed in the right-of-way.

F.

Standards for Electric Passenger Vehicle Charging Stations. Electric passenger vehicle charging stations utilizing parking stalls located in a parking lot or parking garage shall comply with Chapter 17.06 of this code and the following standards.

1.

Except when located in conjunction with single-family residences, electric passenger vehicle charging stations shall be reserved for parking and charging of electric vehicles only.

2.

Signage. Each electric passenger vehicle charging station shall be posted with signage indicating the space if only for electric passenger vehicle charging purposes. On-premise directional signs conveniently located to guide motorists to the charging stations are allowed without additional review.

3.

Accessibility. The design and location of the electric passenger vehicle charging stations shall comply with the following accessibility requirements:

a.

Accessible vehicle charging stations shall be provided based on the following table:

b.

Accessible charging stations shall be located in proximity to the buildings or facility entrances and shall be connected to an accessible route of travel.

c.

Accessible charging stations shall comply with the requirements of WAC 51-50-005.

G.

Lighting. Adequate site lighting shall be provided and shall comply with Chapter 17.06.100 of this code.

H.

Equipment. Equipment for electric passenger vehicle charging stations shall comply with the following standards:

1.

Charging station outlets and connector shall be no less than thirty-six (36) inches or no higher than forty-eight (48) inches from the top of the surface where mounted and shall contain a retraction devise or a place to hang cords and connectors above the ground surface.

2.

Equipment shall be protected by wheel stops, curbing or concrete-filled bollards.

I.

Notification. The following information shall be posted at all electric passenger vehicle charging stations:

1.

Voltage and amperage levels;

2.

Hour of operations if time limits or tow-away provisions are to be enforced by the property owner;

3.

Usage fees;

4.

Safety information;

5.

Contact information for reporting when the equipment is not operating or other problems.

J.

Minimum parking requirements. Electric passenger vehicle charging stations located within parking lots or garages may be included in the calculation of the minimum required by Chapter 17.06 of this code.

(Ord. No. 3046, § 1, 5-22-23)