Yakima City Zoning Code

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:

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.

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.

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.

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 Chapter 15.27) and shoreline master program (YMC Title 17) ordinances.

Purpose and Intent.

Level of Review—Mixed-Use Building.

Prohibited Uses. The following uses are prohibited in a mixed-use building/development project:

Development Standards.

Design Standards.

Purpose and Intent.

Development Standards.

Design Standards.

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.

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:

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.

Purpose and Intent.

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:

Design Standards and Guidelines. The following design standards and guidelines shall apply to all cottage housing developments:

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.

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.

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:

Purpose. The purpose of the accessory dwelling unit (ADU) provisions is to:

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:

Enforcement. The city retains the right with reasonable notice to inspect the ADU for compliance with the provisions of this section.

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:

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.

Gases, Fumes and Vapors. The emission of any gases, fumes, or vapors dangerous to human health, animal life, vegetation, or property is prohibited.

Heat. No use shall produce heat significantly perceptible beyond its lot lines.

Glare. No use shall produce a strong dazzling light, or reflection of a strong dazzling light, beyond its lot lines.

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.

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.

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.

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[1].

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.

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.

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.

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.

Minimum Setback.

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.

Fencing. Fencing adequate to contain the animals shall be provided and maintained.

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.

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.

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.

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.

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.

No more than five lodging or guest rooms shall be allowed for home occupations.

There shall be no exterior alteration to the building which would change its character from a dwelling.

The portion of the residence used for a short term rental shall be designed that it may be readily converted to serve residential uses.

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.

The short term rental shall not generate materially greater traffic volumes than would normally be expected in the residential neighborhood.

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.

A business license shall be required.

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.

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.

Names for private roads shall be approved by city planning division.

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.

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.

A private gate shall not obstruct emergency, public service, or utility vehicles access.

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.

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 placement of utilities shall be coordinated as much as possible with the placement of private roads and public rights-of-way.

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.

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.

Reasonable Accommodations.

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.

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.

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.

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.

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.

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:

Required Parking.

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:

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.

Special Definitions Specific to This Section. For the purpose of this section, the following words and phrases shall have the following meanings:

Permitted Uses. Adult business uses shall be permitted subject to the following conditions:

Development Standards. The following standards shall apply to proposed adult business uses, permitted under this section:

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.”

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.

Application—Review—Appeal. The review and appeal procedures set forth below shall be the applicable review and appeal procedures for adult business uses:

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.

Materials not manufactured for, or customarily used on, retaining walls unless said materials are certified by a professional engineer.

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.

Definitions. The following definitions are specific to marijuana uses and shall have the following meanings:

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.

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:

Structure Requirements.

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.

Limitations on Locations—Neighborhood Cooperatives. The following limitations shall apply to all neighborhood cooperatives:

Odor.

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, play-ground, 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.