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Yakima County Unincorporated
City Zoning Code

Subtitle 19.1

LAND USE DISTRICTS

§ 19.10.010 Legislative Intent.

The controls as set forth in Chapters 19.01 through 19.36 are deemed necessary in order to:
(1) 
Implement the Comprehensive Plan, enacted under the Washington State Growth Management Act.
(2) 
Encourage the most appropriate use of the land for commerce, industry and residences in districts where they are compatible with neighboring land uses.
(3) 
Protect the social and economic stability of resource lands (farm, forest and mineral), rural and unincorporated urban areas of the County.
(4) 
Assure the orderly development of such areas consistent with comprehensive plan policies.
(5) 
Provide for adequate privacy, light, air and view.
(6) 
Promote development within unincorporated areas coordinated with infrastructure and services, and minimizes the public and private costs to maintain.
(7) 
Reduce the time required for public review of proposed projects.
(8) 
Protect existing land uses and property values from adverse impacts of adjoining developments.
(9) 
Reduce traffic danger and congestion on roads and highways.
(10) 
Secure economy in local governmental expenditures.
(11) 
Encourage development in areas where adequate public services including water and sewer, police and fire protection, roads, and schools can be provided; and limit development, through density, zoning and other official controls, in areas where these facilities are not provided.
(12) 
Provide for urban growth, as defined in the adopted Comprehensive Plan, in designated Urban Growth Areas, where public utilities can be provided and planned residential densities are greater than four dwelling units per acre in order to:
(a) 
Promote the efficient utilization of public water, sewer and public transportation systems; and
(b) 
Promote the provision of public services at the lowest possible cost to the general public.
(13) 
Provide for rural development, as defined by RCW 36.70A.030(16), outside of Urban Growth Areas and designated resource lands at densities that do not lead to urban growth or necessitate extension of urban services.
(14) 
Reduce the threat to public safety resulting from:
(a) 
The improper location of homes, farms and industry in a single area; and
(b) 
The establishment of commercial areas along State highways and County arterials causing interference with traffic movement.
(15) 
Promote low impact design as referenced in the Yakima Regional Low Impact Design Manual in development of projects.
(16) 
Minimize adverse impacts and risk to public health, safety, and infrastructure and to adjoining properties from flood damages as a result of new developments in floodplain areas.
(17) 
Otherwise promote the public health, safety and general welfare of present and future inhabitants of Yakima County under the Revised Code of Washington (RCW), notably Chapter 201, Laws of 1959, Chapter 232, Laws of 1961, Chapters 36.70, 36.70A and 36.70B RCW. All references in this Title to RCW refer to titles, chapters and sections as they now exist or are amended.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.10.020 Zoning Classifications.

(1) 
For this Title, the County is divided into zoning districts designated as shown in Table 19.10.020-1.
Table 19.10.020-1. Zoning Districts
Zoning District
Map Symbol
Urban or Rural
Code Section
RESOURCE AND RURAL DISTRICTS (Chapter 19.11)
Forest Watershed and Agriculture
FW, AG
Rural
19.11.010
Mining
MIN
Rural
19.11.020
Rural Districts
R/ELDP-40, Rural-10/5
Rural
19.11.030
Rural Transitional District
RT
Rural
19.11.030
Rural Settlement District
RS
Rural
19.11.040
Highway/Tourist Commercial District
HTC
Both
19.11.040
Master Planned Resort District
MPR
Rural
19.11.050
URBAN RESIDENTIAL DISTRICTS (Chapter 19.12)
Suburban Residential
SR
Urban
19.12.010
Single-Family Residential
R-1
Urban
19.12.010
Two-Family Residential
R-2
Urban
19.12.020
Multi-Family Residential
R-3
Urban
19.12.020
BUSINESS, COMMERCIAL AND INDUSTRIAL DISTRICTS (Chapter 19.13)
Professional Business
B-1
Urban
19.13.010
Local Business
B-2
Urban
19.13.010
Small Convenience Center
SCC
Urban
19.13.020
Large Convenience Center
LCC
Urban
19.13.020
General Commercial
GC
Urban
19.13.020
Highway/Tourist Commercial
HTC
Both
19.13.020
Light Industrial
M-1
Urban
19.13.030
Heavy Industrial
M-2
Urban
19.13.030
OVERLAY DISTRICTS (Chapter 19.17)
Airport Safety Overlay
ASO
Both
19.17.030
Master Planned Development Overlay
MPDO
Urban
19.17.040
Greenway Overlay
GO
Both
19.17.050
(2) 
Map of Zoning Districts and Overlays – Adoption, Changes, Filing, and Replacement.
(a) 
Official Zoning Map. The zoning districts established by this Title are defined as shown on the official zoning map for the unincorporated portions of Yakima County. The official zoning map, with all the explanatory material thereon, is adopted by reference and declared to be a part of this Title. Any adopted overlay shall be displayed on the zoning map as identified by the adopted ordinance.
(b) 
Administrative Official Custodian. The official zoning map shall be in the Yakima County Planning Division in electronic form, and depicted in various formats and scales to the need. The Administrative Official shall be the custodian of the official zoning map.
(c) 
Map Amendments. Each amendment to the official zoning map shall be identified by the adopted ordinance and the date of adoption. The official zoning map maintained by the County shall be the final authority as to the current zoning status of land.
(d) 
District Boundary Changes. Any changes in the district boundaries established by this Title shall be made under this Title. The official zoning map shall be promptly changed after the amendment has been approved by the Board.
(e) 
Unauthorized Changes. No changes of any kind shall be made on the official zoning map, except in conformance with the procedures of this Title or for technical correction of scrivener's errors by the Administrative Official. Any unauthorized change by any person shall be considered a violation of this Title and punishable under YCC Section 16B.11.050.
(f) 
Updates to Official Zoning Map. If the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the Board may, by ordinance, adopt a new official zoning map that shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original zoning ordinance or any subsequent amendment.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.10.030 Minimum and Maximum Calculations.

(1) 
General Rule.
(a) 
When determining maximum standards for planning related calculations (including density, parking, setbacks, etc.), the final number in any calculation shall be rounded up to the nearest whole unit. If the required parking for a project were determined to be 15.37 spaces, 16 spaces would be required.
EXAMPLE:
Table 19.22-2 requires one parking space for each 400 square feet of floor area for an office. If the applicant has 6,150 square feet of office space, divide by 400 and round the result up to the nearest whole unit.
6,150 sq. ft. ÷ 400 sq. ft. per space = 15.37 spaces
Rounds up to: 16 spaces
(b) 
If two or more amounts must be added to figure a total, applicants shall add amounts accurate to two decimal places (hundredths) and round off only the total.
(c) 
The calculation methods prescribed in this Section shall not apply to engineering related calculations (surveying information, stormwater calculations, road construction information, etc.).
(2) 
Density Calculations. Density shall be calculated based upon the gross area of the site, including proposed and existing public road right-of-way.
(3) 
Lot Area Calculations. Lot area is the computed area within the lot lines.
(a) 
Within an Urban Growth Area, lot area excludes street and alley rights-of-way, and street tracts, whether such rights-of-way or tracts are public or private.
(b) 
Outside Urban Growth Areas, lot area includes on-site road easements, and one-half the width, or 30 feet, whichever is less, of abutting public rights-of-way for perimeter streets, excluding limited access state or interstate highways.
(c) 
Driveways serving only an individual lot are included in lot area calculations in all zones.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.10.040 General Development Regulations.

The regulations set by this Title within Chapters 19.10 through 19.25 shall be minimum regulations and shall apply uniformly to each class or kind of development, structure or land in the zoning districts and situations indicated. Where text and tables conflict, the text shall govern. Administrative adjustment or variance of some basic development standards in this Title are authorized under Chapter 19.35.
(1) 
Conformity with All Regulations Required. Any development, structure or part thereof shall conform to all of the regulations specified in this Title for the situation and zoning district in which they are located in order to be authorized, erected, constructed, reconstructed, moved or structurally altered.
(2) 
Yards, Lots, Open Space and Off-Street Parking and Loading Spaces.
(a) 
Yards, Minimum Standards. Yards or lots created after the effective date of this Title shall meet at least the minimum requirements established by this Title and shall not be smaller than the minimum standards established in Chapters 19.10 through 19.18. The lot size, width, depth, shape and orientation shall be in accordance with the applicable zoning laws.
(i) 
Every lot created or modified shall not exceed a maximum 4:1 depth-to-width ratio, except where the zoning district regulations provide there is no minimum lot width or size for a particular use. For flag lots, the Building Official designates the front lot line to be used for depth-to-width calculations, and the calculation shall exclude the narrow strip of lot or easement.
(ii) 
Minimum lot size is the smallest lot size permitted in a particular zoning district or special standard when land is subdivided, short platted, re-subdivided, or when lot lines are adjusted. Exceptions to minimum lot sizes for specific uses are listed in the Allowable Land Use Table 19.14-1 in Chapter 19.14 and under special overlay zones in Chapter 19.17.
(iii) 
Minimum yard size is defined by required setbacks, plus any open space requirements.
(iv) 
Standard lot width is the minimum lot width permitted in a particular zoning district. The intent of this standard is to prevent irregularly shaped lots along rights-of-way and to control access.
(v) 
To preserve public safety by limiting neighboring accesses to a roadway and to realize efficient and appropriate use of land, access strips on flag lots shall be limited to:
(A) 
Maximum lengths of 150 feet, unless a fire apparatus access road turnaround is provided under YCC Title 13;
(B) 
Minimum widths of 20 feet if the narrow strip of lot serves only one lot, and 30 feet where an easement exists or is proposed; and
(C) 
Situations where there is no adjoining driveway.
(vi) 
Corner lots for residential use shall have sufficient width to permit appropriate building setback from and orientation to both streets.
(b) 
Shared Improvements. No part of a yard, other open space, off-street parking or loading space required in connection with any development for the purpose of complying with this Title, shall be included as part of a yard, open space, off-street parking or loading space similarly required for any other development, except as allowed by Section 19.21.030 for consolidated perimeter plantings and Section 19.22.050 for shared parking areas.
(c) 
Existing Yards and Lots. No yard or lot existing at the time of the adoption of this Title shall be reduced in dimension or area below the minimum requirements in this Title.
(d) 
Steep Yards. If the elevation of a lot rises or falls more than four feet in the first 20 feet measured from the front lot line, the following provision shall apply: The required depth of the front yard shall be equal to the horizontal distance measured from the front lot line to where the average lot profile line intersects a horizontal line four feet above or below the front lot line, as determined by the Building Official, or as recommended by a geotechnical engineer's study. See Figure 19.10.040-1, below.
1910040_1.tif
Figure 19.10.040-1 Side view of required depth of front yard if elevation of a lot rises over four feet in the first 20 feet measured from the front lot line.
(3) 
Access Required. All new development shall have a minimum of 20 feet of lot frontage upon a public road or be served by an access easement conforming to the dimensional requirements of Sections 19.23.040 and 19.23.050 to provide for access to the development. The approach location shall be reviewed by the County Engineer for compliance with YCC Chapter 10.08. Approach connections to other public roads are subject to review by the applicable agency. Verification of legal access and a valid road approach permit shall be required prior to final approval of any permit granted under this Title.
(4) 
Land Uses. Uses allowed within a zoning district are listed as permitted, administrative or conditional uses in the Allowable Land Use Table 19.14-1 within Chapter 19.14.
(5) 
Building Permits Required. No building or other structure shall be erected, moved, added to or structurally altered without a permit issued by the Building Official under RCW 19.27 and YCC Title 13. No building permit shall be issued, except in conformity with this Title.
(6) 
Setbacks, Easements and Right-of-Way.
(a) 
Setbacks. Chapters 19.11 through 19.18 list standard minimum setbacks for buildings or other structures and uses. Exceptions to certain setbacks are listed in Subsection 19.10.040(6)(b) below.
(i) 
Front and side setbacks from public roads other than alleys shall be measured from the planned centerline of a public road other than an alley, as designated by the County Engineer. However, where the planned or existing right-of-way exceeds 60 feet in width (as in the case of designated classified roads such as arterials and collectors shown on Tables 19.23.045-2 and 19.23.050-1), the minimum setback shall be 25 feet measured from the property line abutting the planned road right-of-way.
(ii) 
The front lot line shall be determined as described in the definitions in Section 19.01.070. Where the front lot line does not border a right-of-way or vehicular access easement, as is the case with flag lots the setback shall be 25 feet from the end of a driveway or the remainder of the front lot line, see Flag Lot definition 19.01.070.
(iii) 
Front and side setbacks outside Urban Growth Areas shall be a minimum of 50 feet from the planned centerlines of private roads and ten feet from private, shared driveways and public alleys measured from the edge of the access easement or right-of-way of such a road, driveway or alley, except garage and carport entrances that face the front setback, which are a minimum of 20 feet from the edge of the right-of-way or easement. Front and side setbacks vary as listed in Chapters 19.12 and 19.13 for Urban Growth Areas.
(iv) 
Rear setbacks from public and private roads shall be the same as the front yard setback requirement from public and private roads when the rear lot line abuts a right-of-way or vehicular access easement, provided the required rear setbacks shall not be less than the required setbacks from the property line.
(v) 
Where a road connection plan has been adopted, there shall be a structural setback of not less than the minimum front setbacks established in Chapters 19.11 through 19.13 from the planned center of the corridor, as designated by the County Engineer.
(vi) 
Garage and carport entrances that face a road other than an alley, and gates on private property that restrict vehicular access to a road other than an alley must be setback a minimum of 20 feet from the edge of the right-of-way or easement, where structural setbacks of less than 20 feet are otherwise allowed.
(b) 
Exceptions to Setback Requirements. The exceptions below do not apply to development envelopes for determining a buildable area or to landscape buffers.
(i) 
Exceptions to Front Setback Requirements.
(A) 
In residential zoning districts, where a turnaround easement is designated to be vacated upon future road extension and constitutes all or part of the front lot line, as opposed to setbacks from turnarounds designed to be permanent, front setbacks shall be a minimum of ten feet from the easement intended to be temporary for the dwelling and twenty feet for the associated garage.
(B) 
Setbacks from both streets on through lots shall be considered front setbacks. However, if one of the streets has restricted access, the setback from the property line abutting the restricted access street shall be 20 feet. Access is restricted to a street if any of the conditions below exist:
1. 
A plat contains a plat note that prohibits access to one of the abutting streets;
2. 
The road is determined to be a restricted access road, such as I-82, SR-12, SR-97, and other State routes; or
3. 
A covenant permanently restricting access to one of the abutting streets (with the County being a party to the recorded document) is recorded individually for a through lot.
(ii) 
Setbacks for Residential Accessory Structures. The minimum setback for residential accessory structures in all allowed districts shall be at least five feet from the side property line, five feet from the rear property line, and up to, but not within, the required front yard and applicable street setback, except garage and carport entrances must be set back at least 20 feet from any property line. Other structures, as determined by the Building Official, may be permitted in specified zones within a side or rear setback under Subsection 19.18.020(6).
(c) 
Access Easements and Right-of-way. No building, fence or structure, other than a gate permitted by the easement owner, shall be located within or encroach on any public or private access easement or road right-of-way.
(d) 
Other Easements. The applicant shall provide the easement grantee or owner's written permission with the primary permit application for any structure proposed to be built or located on or in an easement other than an access easement.
(7) 
Vision Clearance Triangles at Intersections and Driveways.
(a) 
Intersections. All corner lots at controlled or uncontrolled public or private street intersections or railroads shall maintain for safety vision purposes a triangular area; one angle of the triangle shall be formed by the planned right-of-way edges adjacent to the street or railroad, under the planned right-of-way width required for the functional classification of the road, listed in Chapter 19.23. The sides of such triangle forming the corner angle shall be 30 feet in length measured along the sides of the aforementioned angle, as illustrated below. The third side of the triangle shall be a straight line connecting the last two mentioned points. Within the area comprising the triangle nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between the heights of two and one-half and ten feet above the centerline grades of intersecting streets and/or railroads. Landscaping meeting the height limits of this Section is encouraged within the vision clearance triangle. The Administrative Official may consider the landscaped triangle area as part of any landscape requirement if planted and continuously maintained by the property owner. The County Engineer may enforce the landscaping requirements and may require a larger area to be reserved for vision clearance at road intersections and railroad crossing where necessary to provide vision clearance.
(b) 
Driveways, Curbcuts and Alleys. This Subsection applies only to uses established under this Title. A vision clearance triangle shall be maintained at all driveways and curbcuts, and the intersection of an alley with a public street for vision and safety purposes. The vision clearance triangle shall measure 15 feet along the perpendicular street curb lines or pavement edge, or travel lane of the public street and 15 feet along the driveway or alley, as illustrated below. The third side of the triangle shall be a straight line connecting the 15 foot sides described above. No sign or associated landscaping shall be placed within this triangle so as to materially impede vision between the heights of two and one-half and ten feet above the centerline grade of the streets.
1910040_2.tif
Figure 19.10.040-2. Plan views of vision clearance triangles, within areas that must be clear between heights of 2.5 and 10.0 feet.
(8) 
Maximum Building Height.
(a) 
Maximum Building Height Determined by Zoning District. The maximum building height is intended to maintain building and structure heights compatible with the character and intent of the district. The height of buildings is measured in the manner defined in Section 19.01.070. The height of other structures not containing a roof is the vertical distance from the base of the structure to its highest point. Chapters 19.11 through 19.18 list the maximum building and structure heights.
(b) 
Exceptions. Height limitations shall generally not apply to accessory projections located at least 20 feet from any adjoining lot line and that are not intended for human occupancy or storage, such as steeples or spires on places of religious assembly, elevator shaft housings, heating/cooling or mechanical systems, water towers, chimneys, belfries, cupolas, domes, smoke-stacks, flagpoles, asphalt/concrete batch plants, grain elevators, cooling towers, solar energy systems, monuments, fire house towers, elevator shafts, or outdoor theater screens, except as limited within the Airport Safety Overlay, by Section 19.18.490 Towers, by a condition of permit approval or by the Shoreline Master Program.
(9) 
Fences, Walls and Recreational Screens.
(a) 
Fence and Wall Height. The following provisions shall govern the location and height of fences and walls, to allow access to properties by utility employees and emergency response personnel and to maintain good appearance of residential areas and visual access along residential streets and between lots:
(i) 
Fences and walls may be placed on or behind the property line.
(ii) 
Fence height shall include the fence and all attachments, including posts, barbed wire installed at the top of the fence, etc., but excluding ornaments 12 inches or less in height.
(iii) 
The maximum fence height shall be:
(A) 
Four feet within the required front yard setback area, and six feet behind the required setback, for all uses in the RT district and urban residential zones (SR, R-1, R-2, and R-3) and for allowed residential uses listed in Chapter 19.11 in the RS district. On corner lots, no fence exceeding four feet shall extend closer to either street than the required building setback line;
(B) 
Four feet within the required front yard setback area, and eight feet behind the required front setback in the SCC, LCC, GC, B-1, B-2, M-1, M-2, and HTC districts;
(C) 
The maximum fence height is not specified for nonresidential uses in the RS districts, or for any use in the AG, FW, MIN, R/ELDP-40 and R-10/5 districts; and
(D) 
No fence, hedge or wall exceeding two and one-half feet in height shall be placed in the vision clearance triangles established in this Section.
(iv) 
Fences exceeding the height limitations may be authorized for agricultural buffering of especially sensitive land uses, or required sitescreening, or through the administrative adjustment process of Chapter 19.35.
(v) 
All fences shall meet the height requirements under YCC Title 13.
(vi) 
No combination of a fence and retaining wall shall exceed a height of ten feet, measured from the lower elevation, except, existing retaining walls greater than ten feet in height at the time of adoption of this Title will be allowed a fence above the retaining wall consistent with Subsection (a)(iii) above.
(b) 
Recreational Screens. The height, materials and need for recreational screens, defined in Section 19.01.070, shall be evaluated by the Reviewing Official under Type 1 review when proposed based on the need, safety requirements, purpose of the applicable district, and relationship to residential and commercial properties and streets.
(10) 
Exterior Lighting. Exterior lighting is regulated to minimize light pollution to neighboring properties and encourage true-color, full-spectrum light rendition in projects. Exterior lighting for all uses and signs shall be directed downward and otherwise arranged, fully shaded, screened, shielded, and of a design that results in the light being directed onto the site and of an intensity or brightness that does not reflect or cause glare or light intrusion into any adjacent or nearby residential use or interfere with the safe operation of motor vehicles. See Figures 19.10.040-3 and 19.10.040-4 below.
1910040_3.tif
Figure 19.10.040-3. Lighting sources shielded to minimize light pollution and intrusion onto neighboring uses.
1910040_4.tif
Figure 19.10.040-4. Examples of acceptable and unacceptable fixtures for shielding of exterior light.
(11) 
Floodplain Development. A pre-application meeting and a Flood Hazard Permit application is required for all new developments in floodplains in order to minimize and mitigate potential adverse impacts to property and infrastructure while reducing risks to public health and safety. Yakima County will utilize existing flood hazard data and mapping to assist applicants with the layout and design of their proposal. If the potential adverse impacts cannot be mitigated through the Flood Hazard Permit under YCC § 16C.05 and 16D.05, a critical areas and shoreline permit will be required under Yakima County Critical Areas and Shoreline codes.
(12) 
Stormwater Requirements. This section is intended to ensure public and private development projects comply with the National Pollution Discharge Elimination System (NPDES) permit requirements under the Federal Clean Water Act (CWA) where applicable. Stormwater quality and quantity concerns for project permits shall be addressed through:
(a) 
YCC Chapter 12.10;
(b) 
The environmental review process established by RCW 43.21C and YCC Chapter 16.04; or
(c) 
The requirements of the Washington Department of Ecology.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 8-2015 § 2 (Exh. 4) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017; Ord. 10-2019 (Exh. 1) (part), 2019)

§ 19.11.010 Forest Watershed and Agriculture Districts (FW, AG).

(1) 
Legislative Intent.
(a) 
Forest Watershed District. The Forest Watershed (FW) district is intended to accommodate principal uses and activities oriented toward protecting the watershed area and to accommodate limited rural residential housing, recreational development, and rural and tourist commercial activities, minimizing costs associated with providing them public services. The FW district's specific intents conserve forest resource lands of long-term commercial significance through implementation of the Comprehensive Plan, reduce the possibility of soil erosion, reduce hazards from floods and fire, and protect the scenic values of State Route (SR) 410, a National Scenic Highway, and SR 12 through Type 2 or 3 review of commercial project permits.
(b) 
Agriculture District. The purpose of the Agriculture (AG) district is to preserve and maintain areas for the continued practice of agriculture by limiting the creation of small lots, permitting only those new uses that are compatible with agricultural activities, protection of agricultural lands of long-term commercial significance, and providing measures to notify and separate especially sensitive land uses from customary and innovative agricultural land management practices. The AG district implements the Comprehensive Plan that calls for the preservation of agricultural lands.
(2) 
Development Standards. New lots, structures and additions to structures subject to this Section shall comply with the standards for lots, building height and setbacks in Tables 19.11.010-1 and 19.11.010-2 below, subject to Chapter 19.10 and Section 19.35.020.
(3) 
Small Lots and Special Exception Lots.
(a) 
New Small Lots Around Existing Residences. Lots in the AG zoning district that are greater than three acres may be subdivided to create one small lot around an existing residence; provided it has been at least 15 years since the lot was last divided, and it has contained a lawfully existing residence for at least the last five years, subject to the following:
(i) 
The five year date for the establishment of a lawfully existing residence starts from the issuance date of a Certificate of Occupancy by the Building Official or the date of the sign-off on the approved final inspection for the installation permit, if the residence is a manufactured home. If the permit holder failed to obtain a Certificate of Occupancy or approved final inspection of a residence, the applicant may provide other evidence to establish the date of the residence. However, no applications for land division will be accepted until such time that a Certificate of Occupancy has been issued or approved final inspection has been completed and all required changes have been made, if required by the Building Official. Such proof is not required for residences prior to the adoption of the state building code by Yakima County in 1974.
(ii) 
The small lot shall be one to three acres in size, except the Reviewing Official may authorize a larger lot size under Subsection 19.11.010(3)(d).
(iii) 
The lot comprising the balance of the division shall be capable of meeting all setbacks, including agricultural buffering of Section 19.18.205, unless adjusted under Section 19.35.020, and other applicable requirements to ensure its continued agricultural use.
(iv) 
Any small lot allowed to be three acres or greater in size shall still be considered a small lot and is not capable of being further subdivided under this Section. A covenant or plat note indicating this restriction shall be recorded whenever a larger lot size is granted.
(b) 
Multiple Dwellings. A lot that has contained more than one lawfully established, habitable dwelling, as defined in YCC Title 13, since before October 1, 1974 may be divided to separate each such dwelling onto an individual lot, subject to the criteria of Subsection 19.11.010(3) and all other applicable requirements.
(c) 
Special Exception Lots. In addition to the small lot provisions of Subsections (a) and (b), Comprehensive Plan Policy provides that one or more special exception lot may be granted under short plat review in those limited situations when the total project site is greater than three acres, contains land unusable for agricultural purposes and establishment of a residence on that land will not adversely impact agricultural activities on the balance of the property or on adjoining and nearby AG-zoned lands, according to the following review criteria.
(i) 
The special exception lot shall be one to three acres in size, except the Reviewing Official may authorize a larger lot size under Subsection 19.11.010(3)(d);
(ii) 
The applicant shall submit documentation from a qualified third party (e.g. Natural Resource Conservation Service, WSU Cooperative Extension Service, agricultural consultants, Department of Agriculture) that the proposed lot is located on land unsuitable for agricultural uses and activities;
(iii) 
Land considered unsuitable for agricultural uses include:
(A) 
Soils identified by the Soil Survey of Natural Resource Conservation Service as unsuitable for agricultural production;
(B) 
Oversteepened slopes as defined in YCC Subsection 16C.08.02(3)(b);
(C) 
Rock outcrops;
(D) 
Ravines;
(E) 
Wetlands/Critical Areas; and
(F) 
Locations that lack irrigation water, as demonstrated by the unavailability of irrigation shares or rights, and the documented inability to acquire or to use them.
(iv) 
The proposal will not adversely impact, or interfere with accepted farm practices on adjacent or nearby agricultural operations, given the type of agriculture in the area and its relative susceptibility to nuisance complaints due to accepted farm operations and management practices;
(v) 
Use of mitigation measures to effectively reduce the potential for land use conflicts and separate the site from active agricultural operations, such as: landscape buffers; special setbacks; screening; site design using physical features, such as rock outcrops, ravines, roads, irrigation canals or critical areas; or proximity to established dwellings, small lots or other nonagricultural buildings;
(vi) 
No lot granted a special exception shall be further divided for ten years; and
(vii) 
The special exception lot shall meet agricultural buffering of Section 19.18.205, unless adjusted under Section 19.35.020.
(d) 
Larger Lot Size Authorized. The Reviewing Official may authorize a larger lot size, subject to Type 1 review and recording of a covenant precluding further division of the subject lot while designated for agricultural use by the adopted Yakima County Comprehensive Plan maintaining the minimum adjustment necessary to accommodate the proposed use, when the applicant submits evidence or information that documents one or more of the following:
(i) 
The Yakima Health District determines a larger area is necessary to include approved water supply and sewage disposal systems within the lot; or
(ii) 
The logical division to create the lot follows a physical feature which acts as a bonafide, practical obstacle to normal and necessary farming practices (e.g., rock outcrops; Type 1 and 2 streams, slopes exceeding 15%; or a different intervening in-fee ownership physically separates that parcel by a State highway or primary irrigation district canal or major sublateral); or
(iii) 
A larger lot size is necessary to encompass existing related uses or structures in immediate proximity; or
(iv) 
Accommodation of the special agricultural setback required under Section 19.18.205 necessitates a larger lot size to achieve a building area not to exceed 10,000 square feet.
Table 19.11.010-1. Lot Requirements
Special Standard Section
Zoning District
Minimum Lot Area (acres)
Maximum Lot Area (acres)
General lot requirements for newly created lots
FW
80
Not specified
AG
40(1)
Not specified
Exceptions to general lot requirements
Residential lots in cluster developments
19.34.035
FW
1.0
3.0 or as modified by 19.34.035
AG
Remainder lots in cluster developments
19.34.035
FW
Determined by area of cluster lot(s)
None
AG
Small lot segregation for an existing residence
19.11.010(3)
AG
1.0
3.0 or as modified by 19.11.010(3)
Special exception lot where residential development will not interfere with farming practices and is located on land unsuitable for farming
19.11.010(3)
AG
1.0
3.0 or as modified by 19.11.010(3)
Agriculturally related industry lot
19.18.050
AG
1.0
Varies
See 19.18.050
(a) Tracts limited to use for public utility services, dams for flood control and hydroelectric generating facilities
(b) Division by highway or fee-owned irrigation canals
(c) Conservation tracts
19.34.090
 
FW
 
None
Maximum necessary to encompass the use
AG
Notes:
(1)
Quarter quarter section or legally described as 1/16 of a section.
Table 19.11.010-2. Setbacks, Lot Coverage and Building Height
Subject
Zone
AG
FW
Maximum lot coverage
Not specified, however sitescreening may be required under Subsection 19.21.030(2)(f) and (g)
Maximum building height(1)
Not specified
35 feet
Minimum vision clearance triangle at intersections, railroads, curbcuts and driveways
See Subsection 19.10.040(7)
Minimum setbacks
Front and street side setbacks(2)*
Designated classified road (arterial or collector)*
25 feet from planned edge of right-of-way or easement
Roads with a right-of-way or vehicular access easement more than 60 feet in width
Turnaround or cul-de-sac bulb
Right-of-way or vehicular access easement 60 feet or less in width
Local access or private road(3)
50 feet from centerline
Private, shared driveway or alley(3)
(see Chapter 19.23)
10 feet from edge of right-of-way or easement
Interior side setback
Primary structure*
10 feet from property line
Accessory structure*
5 feet from property line
Rear setback*
Right-of-way or vehicular access easement
Same as front setback
Adjoining lot
10 feet from property line
*Dwellings and other especially sensitive land uses (ESLU) adjacent to designated resource lands and/or activities are subject to additional setbacks
See Section 19.18.205
Additional setback to accommodate required sitescreening
See Subsection 19.21.030(2)(f) and (g)
Notes:
(1)
Additional restrictions may apply within the Airport Safety Overlay (See Chapter 19.17) and Shoreline Jurisdiction (see YCC Title 16D).
(2)
When there is no right-of-way, the front setback shall be 20 feet from the front property line.
(3)
Gates restricting vehicular access, garage and carport entrances must be set back 20 feet from the edge of a right-of-way or easement other than an alley.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.11.020 Mining District (MIN).

(1) 
Legislative Intent. The Mining (MIN) zoning district is established to provide long-term sites for heavy industrial uses in conjunction with a mining site/operation. Uses within this zoning district are likely to cause smoke, noise, odors, dust, fumes, visual impacts, and heavy equipment traffic. In order that this zoning district shall promote the general purpose of this Title, the specific intent of the MIN zoning district is to:
(a) 
Provide for development and utilization of deposits of sand, gravel, aggregate, rock, clay, soil, and other earth resource materials.
(b) 
Provide for the protection and utilization of these resources in a manner that does not conflict with other land uses and safeguards the environment.
(c) 
Assure economy in handling and transportation costs by locating removal, processing, and storage activities in as close proximity to the point of end use as feasible.
(d) 
Provide operation standards that will enable the industry to operate with public confidence that environmental protection measures are being met.
(e) 
Ensure that mining site/operations are conducted consistent with the public health, safety, and welfare.
(f) 
Establish a level of certainty for the mining industry by maintaining at least a ten year inventory of zoned areas where a full array of mineral extractions, processing and manufacturing activities is allowed.
(2) 
Development Standards.
(a) 
All operations on lands that are zoned MIN must conform to the standards of Section 19.18.310.
(b) 
New lots subject to this Section shall be of sufficient width and area to demonstrate the following:
(i) 
The uses shown on the site plan and allowed by this Chapter may be accommodated on the lot, or contiguous lots zoned Mining;
(ii) 
The operational standards of Section 19.18.310 will be met; and
(iii) 
The requirements of federal, state or local agencies will be met, when applicable.
(c) 
New structures and additions to structures subject to this Section shall comply with the standards for lots, building height, and setbacks in Table 19.11.020-1, subject to Chapter 19.10 and Sections 19.18.310 and 19.35.020.
Table 19.11.020-1. Setbacks, Lot Coverage and Building Height
Subject
Zone
MIN
Maximum lot coverage
Not specified, however sitescreening may be required under Subsections 19.21.030(2)(f) and (g)
Maximum building height(1)
Not Specified
Minimum vision clearance triangle at intersections, railroads, curbcuts and driveways
See Subsection 19.10.040(7)
Minimum setbacks
Front and street side setbacks(2)
Designated classified road (arterial or collector)*
25 feet from planned edge of right-of-way or easement
Right-of-way or vehicular access easement more than 60 feet in width, or the road is a cul-de-sac or turnaround
Turnaround or cul-de-sac
Right-of-way or vehicular access easement 60 feet or less in width
Local access or private road(3)
50 feet from planned centerline
Private, shared driveway or alley(3) (see Chapter 19.23)
10 feet from edge of right-of-way or easement
Interior side setback
Primary structure
10 feet from property line
Accessory structure
5 feet from property line
Rear setback
Right-of-way or vehicular access easement
Same as front setback
Adjoining lot
10 feet from property line
Additional setbacks for mining site/operations from a public or private road, if the removal of aggregate/materials would result in the area being lower than the adjacent road
See Section 19.18.310
60 feet
Additional setback for mineral processing and batching, and manufacturing and fabricating plants from an existing residence not on the subject property or in same ownership
500 feet
Additional setback for mineral extraction from an existing residence not on the subject property or in same ownership
200 feet
Additional setback for mineral extraction from any exterior property line in a different zoning district
25 feet
Notes:
(1)
Additional restrictions may apply within the Airport Safety Overlay (See Chapter 19.17) and Shoreline Jurisdiction (see YCC Title 16D).
(2)
When there is no right-of-way, the front setback shall be 20 feet from the front property line.
(3)
Gates restricting vehicular access and garage and carport entrances must be set back 20 feet from the edge of a right-of-way or easement other than an alley.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.11.030 Rural Districts (R/ELDP-40, Rural-10/5, RT).

(1) 
Legislative Intent. The rural districts are intended to serve as a buffer between urban lands and resource lands, provide non-resource areas for future urban expansion, limit the costs of providing services to remote or underdeveloped areas, and retain the rural/agrarian character of the County while offering a variety of lifestyle choices for the residents of Yakima County.
(a) 
The Remote/Extremely Limited Development Potential (R/ELDP-40) zoning district is intended to recognize areas and allow development consistent with service availability and environmental constraints in remote areas and other places with extremely limited development potential.
(b) 
The Rural-10/5 (R-10/5) zoning district is intended to maintain rural character and provide density incentives to encourage development where fire protection services and access to roads with a paved or other hard surface are available.
(c) 
The Rural Transitional (RT) zoning district is intended to provide for rural development in areas near Urban Growth Area boundaries to encourage clustering, minimize public expenditures, and coordinate land uses with public infrastructure investment.
(2) 
Development Standards. New lots, structures and additions to structures subject to this Section shall comply with the standards for lots, building height, and setbacks in Tables 19.11.030-1 and 19.11.030-2 below, subject to the provisions of Chapter 19.10 and Section 19.35.020.
(3) 
Special Development Standards in the Rural Districts (R/ELDP-40, R-10/5, RT).
(a) 
Lot size and density in Rural-10/5 district may vary depending on water availability, soil suitability for septic systems, access conditions and proximity to fire stations in each area as follows:
(i) 
Where property is outside of a fire district, more than five road miles from a year-round responding fire station or not served by a county-maintained hard-surfaced road, maximum density for new development in the Rural-10/5 zoning district shall be four units per quarter/quarter section (e.g. 10-acre average), with no lot being less than five acres. Lots not meeting the criteria in Table 19.11.030-1 shall not be further divided below the ten-acre average as calculated from the parent lot existing on May 21, 1997; and
(ii) 
Where the lots of the development will have access (either directly or via a road meeting the requirements of Chapter 19.23) to a publicly maintained hard-surfaced roadway, (or other hard-surfaced roadway determined to be acceptable by the Reviewing Official), a maximum density of one unit per five acres is permitted, provided the new development is within a fire district and not more than five road miles from a year-round responding fire station. A lot size of less than 3.0 acres is considered clustering and subject to Section 19.34.035.
(b) 
The acreage of a lot in the RT or R-10/5 that is less than the minimum lot area listed in Table 19.11.030-1 New Lot Requirements and has existed since May 21, 1997 may be multiplied by a factor of 1.15 to determine whether it qualifies for a division or cluster development consistent with the minimum lot sizes of these districts. This Subsection should allow a division on marginally non-qualifying parcels, but shall not allow the combined area of two or more lots to be used to result in more than one additional division.
(c) 
The lot size and density calculations shall be based on the size of the lot as it existed on May 21, 1997 (i.e., the effective date of the current adopted Comprehensive Plan). All lots of any subsequent division of land shall be included in the calculation.
Table 19.11.030-1. New Lot Requirements
Zoning District
Minimum Lot Area (1) (acres)
Minimum Lot Width
R/ELDP-40
40 or legally described as 1/16 of a section
25% of lot depth
R-10/5
• County maintained hard surfaced roadways are used for access
• New development is within a fire district
• New development is within 5 road miles from a year-round responding fire station
Project site lacks one or more of these elements
See 19.11.030(3)(a)(i)
10.0 (2)
Project site meets all three of these elements
See 19.11.030(3)(a)(ii)
5.0 (3)
RT
5.0 (4)
Notes:
(1)
The following uses may be permitted on newly approved lots of less than the minimum parcel size:
(a)
Utilities, structures and uses including, but not limited to utility substations, pump stations, wells, watershed intake facilities, gas and water transmission lines and telecommunication facilities.
(b)
Dams for flood control and hydroelectric generating facilities.
(c)
Conservation tracts under Chapter 19.34.
(2)
A minimum lot area of five acres is allowed for one or more lots on a site, provided the overall maximum density of the site is one dwelling per ten acres, consistent with the minimum lot size requirements of this Section.
(3)
A minimum lot area of one acre, with a maximum lot area of three acres, shall apply to newly created lots for clustering dwellings on sites ten acres or larger under Section 19.34.035.
(4)
A minimum lot area of one-third of an acre shall apply to newly created lots for Rural Transitional cluster developments on sites four acres or larger under Section 19.34.035. In either case the maximum allowed density on the total site shall be one dwelling per two acres.
Table 19.11.030-2. Setbacks, Lot Coverage and Building Height
Subject
Zone
R/ELDP-40
R-10/5
RT
Maximum lot coverage
Not specified, however sitescreening may be required under Subsection 19.21.030(2)(f) and (g)
45%
Maximum building height(1)
Not specified
35 feet
35 feet
Minimum vision clearance triangle at intersections, railroads, curbcuts and driveways
See Subsection 19.10.040(7)
Minimum setbacks
Front and street side setbacks*(2)
Designated classified road (arterial or collector)
25 feet from planned edge of right-of-way or easement
Roads with a right-of-way or vehicular access easement more than 60 feet in width
Turnaround or cul-de-sac
Right-of-way or vehicular access easement 60 feet or less in width
Local access or private road(3)
50 feet from planned centerline
Private, shared driveway or alley(3) (see Chapter 19.23)
10 feet from edge of right-of-way or easement
Interior side setback*
Primary structure*
10 feet from property line
Accessory structure*
5 feet from property line
Rear setback*
Right-of-way or vehicular access easement
Same as front setback
Adjoining lot
10 feet from property line
* Dwellings and other especially sensitive land uses (ESLU) adjacent to designated resource lands and/or activities are subject to additional setbacks
See Section 19.18.205
Additional setback to accommodate required sitescreening or landscaping
See Section 19.21.030
Notes:
(1)
Additional restrictions may apply within the Airport Safety Overlay (See Chapter 19.17) and Shoreline Jurisdiction (see YCC Title 16D).
(2)
Where there is no right-of-way, the front setback shall be 20 feet from the front property line.
(3)
Gates restricting vehicular access and garage and carport entrances must be set back 20 feet from the edge of a right-of-way or easement other than an alley.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 8-2015 § 2 (Exh. 4) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.11.040 Rural Settlement and Highway/Tourist Commercial Districts (RS, HTC).

(1) 
Legislative Intent.
(a) 
Rural Settlement (RS) District. The RS district designates limited areas of more intensive rural development (LAMIRDs) intended to recognize and maintain the role of unincorporated communities throughout rural Yakima County. This zoning district shall apply in small, compact, isolated, rural community centers that primarily exist to provide convenience goods and services reflecting farm and rural consumer needs in the surrounding rural area. The Rural Settlement zoning district is a "general use" zone and is utilized in those rural centers where a mixture of land uses (i.e. commercial, industrial and low to moderate density residential) is the established development pattern. Rural settlements also provide informal community centers for area residents. Continued infill development within rural settlements is allowed by the Comprehensive Plan, if appropriate services and facilities are available. The following types of LAMIRDs under RCW 36.70A.070(5)(d) may be designated:
(i) 
Residential development at low to moderate densities depending on utilities, soil characteristics, road conditions and other essential public services;
(ii) 
Small-scale recreational or tourist uses, including commercial facilities to serve those recreational or tourist uses that rely on a rural location and setting; or
(iii) 
Isolated cottage industries and isolated small businesses that need not be principally designed to serve the existing and projected rural population and nonresidential uses, but provide job opportunities for rural residents.
(b) 
Highway/Tourist Commercial (HTC) District. The HTC district is areas for commercial establishments that offer accommodations, supplies, services or recreational opportunities to the traveling public. The HTC zoning district is also intended to provide appropriate space and, in particular, sufficient depth from the street to satisfy the needs of modern commercial development where access depends on motor vehicles; and, to encourage developing the zoning district with such uses and in such a manner as to minimize traffic hazards and interference from highway oriented businesses. This zoning district is further intended to permit only those uses that promote and enhance the recreation and tourism industry and to prevent the intrusion of incompatible, non-tourist uses that would be overly disruptive or would directly compete with shopping areas of nearby communities. The zoning district shall only be located at freeway interchanges, along or at the intersections of state highways or recognized tourist routes and the approaches thereto. The HTC zoning district may be located inside or outside of Urban Growth Areas.
(2) 
Review Criteria for Uses in the RS Zone. The following criteria for approval shall apply to uses proposed within the RS zone, in addition to criteria for approval required elsewhere in this Title.
(a) 
Resource-related industrial uses allowed shall be of a type and scale compatible with the overall character of the community, and shall not result in excessive noise, smoke, odor or other nuisances.
(b) 
Commercial uses allowed shall be of a type and scale to be primarily patronized by local rural residents.
(3) 
Development Standards. New lots and structures and additions to structures subject to this Section shall comply with the standards for lots and building height, and setbacks in Tables 19.11.040-1 and 19.11.040-2 below, subject to Chapter 19.10 and Section 19.35.020.
Table 19.11.040-1. Lot Requirements
Water and Sewer Combinations
Zoning District
Minimum Lot Area(1) (square feet)
Maximum Density(2)
Minimum Lot Width
Individual water supply and individual sewer system
RS
43,560
One unit per acre
25% of lot depth
HTC
Public water supply and individual sewage system
RS
21,780
Two units per acre
HTC
Public water supply and community sewage system
RS
7,000
Three units per acre
HTC
14,520
Determined by minimum lot area
Public water supply and municipal (or sewer district) public sewer system
RS
7,000(3)
Four units per acre
HTC
7,000
Determined by minimum lot area
Notes:
(1)
The following uses may be permitted on newly approved lots of less than the minimum parcel size:
(a)
Utilities, structures and uses including, but not limited to utility substations, pump stations, wells, watershed intake facilities, gas and water transmission lines and telecommunication facilities.
(b)
Dams for flood control and hydroelectric generating facilities.
(2)
Calculated based upon the gross area of the site.
(3)
A minimum lot area of 6,000 square feet applies when 15% of the site is dedicated to common open space under Section 19.18.150 Community Open Space Requirements.
Table 19.11.040-2. Setbacks, Lot Coverage and Building Height
Subject
Zone
RS
HTC
Maximum lot coverage
Lot coverage bonus: In the RS district, additional 15% lot coverage is allowed, provided that at least 20% of the total lot area is dedicated exclusively to landscaping, greenery and open space
65%
80%
Maximum building height(1)
45 feet
45 feet
Minimum vision clearance triangle at intersections, railroads, curbcuts and driveways
See Subsection 19.10.040(7)
Minimum setbacks
Front and street side setbacks(2)*
Designated classified road (arterial or collector)*
25 feet from planned edge of right-of-way or easement
Roads with a right-of-way or vehicular access easement more than 60 feet in width
Turnaround or cul-de-sac
Right-of-way or vehicular access easement 60 feet or less in width
Local access or private road(3)
50 feet from planned centerline
Private, shared driveway or alley(3) (see Chapter 19.23)
10 feet from edge of right-of-way or easement
Interior side setback*
Primary structure*
10 feet from property line
Accessory structure*
5 feet from property line
Rear setback*
Right-of-way or vehicular access easement
Same as front setback
Adjoining lot
10 feet from property line
*Dwellings and other especially sensitive land uses (ESLU) adjacent to designated resource lands and/or activities are subject to additional setbacks
See Section 19.18.205
Additional setback to accommodate required sitescreening
See Section 19.21.030
Notes:
(1)
Additional restrictions may apply within the Airport Safety Overlay (See Chapter 19.17) and Shoreline Jurisdiction (see YCC Title 16D).
(2)
When there is no right-of-way, the front setback shall be 20 feet from the front property line.
(3)
Gates restricting vehicular access and garage and carport entrances must be set back 20 feet from the edge of a right-of-way or easement other than an alley.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.11.050 Master Planned Resort District (MPR).

(1) 
Legislative Intent. The master planned resort (MPR) zoning district is intended to allow development of self-contained and fully integrated planned development, in setting of significant natural amenities, with primary focus on destination resort facilities consisting of short-term visitor accommodations associated with a range of developed on-site indoor or outdoor recreational facilities. Uses within this zoning district will provide for economic diversification and increase the tourism potential of Yakima County consistent with an overall resort development plan theme or concept. Master planned resorts will be compatible with rural and resource lifestyles, have limited public facilities and services to serve the resort, and incorporate common and public open space.
The intent of this district is to:
(a) 
Recognize the unique amenities, including, climate, scenic quality and natural features that are desirable for a wide range of recreational uses;
(b) 
Implement the Comprehensive Plan by providing economic diversification and increasing the tourism potential of Yakima County;
(c) 
Allow flexibility in the range of uses and densities to encourage economic diversity and tourism consistent with the theme or concept for the approved resort development plan;
(d) 
Provide opportunities to preserve scenic quality and natural features including use of clustering, conservation easements, siting criteria, setbacks, buffers and other measures to assure compatibility between master planned resorts and neighboring uses;
(e) 
Incorporate an open space or greenbelt system reflecting the open character of the surrounding area and providing recreational opportunities, habitat protection and critical area protection; and
(f) 
Recognize the limited current and future availability of public facilities and services, such as roads, public water and/or sewer service, fire protection, law enforcement, in the establishment of an appropriate range of uses, densities and intensities.
(2) 
Uses and Development Standards. The uses and development standards for Master Planned Resorts are indicated in the resort development plan authorization process and require additional review at the time of application as specified in Chapter 19.36.
(3) 
Master Planned Resort Minor Rezone and Resort Development Plan Authorization Process.
(a) 
The Master Planned Resort (MPR) zoning district is applied outside of Urban Growth Areas through a minor rezone process, as provided in Section 19.36.030.
(b) 
The submittal for the MPR shall include a proposed Resort Development Plan (RDP). Approval of the minor rezone and the RDP will result in changing the existing zoning of the property to MPR for the purposes outlined in the RDP.
(c) 
Approval of the minor rezone shall be subject to conditions and mitigation measures to direct revisions to the proposed Resort Development Plan. If revisions to the Resort Development Plan are required, they must be made prior to final action on the rezone. Criteria for approval of the Minor Rezone and RDP are set forth in Section 19.36.050.
(d) 
Application submittal requirements are set forth in Subsection 19.30.060(12).
(4) 
Master Planned Resort Approval Criteria. A Master Planned Resort, described in Section 19.11.050, may be authorized only if:
(a) 
The proposed Master Planned Resort and Resort Development Plan concept or theme is consistent with all Comprehensive Plan policies, including those addressing Master Planned Resorts; and the minor rezone criteria set forth in Subsection 19.36.030(5)(a) through (f); and the purpose and intent under this Section; and
(b) 
A determination is made that the land is better suited, and has more long-term importance, for the master planned resort than for the commercial harvesting of timber or agriculture production, if located on land that otherwise would be designated as forest land or agricultural land under RCW 36.70A.170; and
(c) 
On-site and off-site infrastructure and service impacts are fully considered and can be adequately mitigated; and
(d) 
On-site capital facilities, utilities and services are limited to meeting sewer, water, storm water, security, fire suppression, and emergency medical needs of the resort. Such facilities, utilities and services may be provided to a master planned resort by outside service providers, including municipalities and special purpose districts, provided that all costs associated with service extension and capacity increases directly attributable to the master planned resort are fully borne by the resort. All waters or the use of waters will be regulated and controlled under RCW 90.03 and 90.44. A Master Planned Resort and service providers may enter into agreements for shared capital facilities and utilities, provided that such facilities and utilities serve only the master planned resort or Urban Growth Areas; and,
(e) 
Any phasing is done in such a manner that the initial phase(s) will stand alone as an MPR, even if subsequent phases do not occur.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.12.010 Suburban Residential and Single-Family Residential Districts (SR, R-1).

(1) 
Legislative Intent. The Suburban Residential (SR) and Single-Family Residential (R-1) districts are intended to facilitate development at targeted urban densities under the Comprehensive Plans, and provide for low-density, single-family residential development in areas designated by the Comprehensive Plan, depending on availability of infrastructure. Lower densities facilitate future subdivision at urban densities as infrastructure availability increases.
(a) 
Suburban Residential and Single-Family Residential Districts. These districts are further intended to:
(i) 
Facilitate coordinated and collaborative public infrastructure investment;
(ii) 
Prevent conversion of land to uses and densities that cannot be urbanized;
(iii) 
Require connection to public water and sewer systems;
(iv) 
Require full urban standards for developments within Urban Growth Areas;
(v) 
Locate low-density residential development, up to seven dwelling units per acre, in areas served by public water and sewer systems. In areas not served by public water or sewer, development on satellite utility systems will provide for an orderly, phased transition from rural to urban uses;
(vi) 
Maintain residential density permitted by zoning and limit density increases in the following areas:
(A) 
Areas where environmental constraints such as flooding exist, or where surface and groundwater quality make the land unsuitable for development to avoid potential health hazards, and
(B) 
Areas where public sewer and water will not be provided at the time of development, and the dwelling units have individual septic tanks.
(vii) 
Encourage residential cluster development prior to achieving maximum density, with a density of between four and seven dwelling units per acre on the developed portion sufficient to facilitate future urban development on adjacent sites, in areas with a public water supply and a community or regional public sewer system;
(b) 
Suburban Residential District. The purpose of the Suburban Residential (SR) district is further intended to provide areas for transitional uses as urban development expands, with a mixture of land uses and residential densities including small farms, scattered low-density residential development and clusters of higher-density residential development; and
(c) 
Single-Family Residential District. The purpose of the Single-Family Residential (R-1) district is further intended to protect single-family neighborhoods from encroachment by potentially incompatible non-residential land uses or impacts. Establish new residential neighborhoods and preserve existing residential neighborhoods for detached single-family dwellings free from other uses, except those which are compatible with and serve the residents of this district.
(2) 
Development Standards.
(a) 
New lots and structures and additions to structures subject to this Section shall comply with the standards for lots and building height, and setbacks in Tables 19.12.010-1 and 19.12.010-2, subject to Chapter 19.10 General Zoning Requirements and Section 19.35.020 Administrative Adjustments.
(b) 
Design of development proposals shall ensure that adequate setbacks, buffering of adjoining uses to allow appropriate infill development and sensitivity to physical features are achieved. Through review of the development, its surrounding designations and facilities, under the provisions of Chapter 19.34, particular emphasis shall be given to ensuring land divisions will facilitate future urban development, roads and other infrastructure and extension of utilities.
(c) 
Where the Reviewing Official authorizes development on systems other than area-wide public water and regional sewer, the development must provide for full urbanization of the property when urban utility services become available. An urban conversion plan may be required when development site does not meet a minimum average of four dwelling units per acre.
(d) 
Tracts created for drainage facilities, parks, open space, wetlands and buffers or utilities shall not be subject to minimum lot size requirements.
Table 19.12.010-1. Lot Requirements, SR and R-1 Districts
Water and Sewer Combinations
Land Use
Minimum Lot Area(1) (sq. ft.)
Maximum Density (2) (Dwelling units per acre)
Minimum Lot Width (feet)
Sites with both Area-Wide Public Water supply and Regional Sewer System
Detached single-family dwelling
7,000(3)
7 units per acre
50
Detached single-family dwelling, zero lot line (Section 19.18.510)
4,000
7 units per acre
50
Attached single-family dwelling (common wall)
4,000
7 units per acre
50
Two-family dwelling
8,000
7 units per acre
50
Permitted nonresidential uses
10,000(4)
None
50
Sites with Public Water and Community or Regional Sewer
Detached single-family dwelling developed in accordance with Section 19.34.035 Cluster Developments
7,000(3),(5)
7 units per acre(5)
50
Two-family dwelling developed in accordance with Section 19.34.035 Cluster Developments
8,000
7 units per acre
50
Permitted nonresidential uses
10,000(4)
None
50
Sites without Public Water and Community or Regional Sewer
All permitted residential and nonresidential uses(6)
Notes:
(1)
Minimum lot area for any type of water and sewer combination is subject to the following:
(a)
Lot size may need to be increased to comply with Yakima Health District, Department of Health, Department of Ecology requirements, and/or other adopted regulations.
(b)
Lot sizes shall be increased to accommodate specific uses, lot coverage, setbacks, access, landscaping (see Chapter 19.21) and other requirements as provided in this Title.
(c)
The minimum lot size in the Greenway Overlay is one acre.
(d)
The following uses may be permitted on newly approved lots of less than the minimum parcel size: Utilities, structures and uses including, but not limited to utility substations, pump stations, wells, watershed intake facilities, gas and water transmission lines and telecommunication facilities. Lots less than the minimum parcel size shall be reviewed for compatibility and must be designated as "non-buildable lot for utility purposes" by plat note, or by the equivalent deed or title restriction, if there is no plat. Standard lot width and setbacks shall apply.
(2)
Maximum density shall be calculated based upon the gross area of the site.
(3)
Density bonus: Minimum lot area may be reduced to 6,000 square feet, where:
(a)
Allowed by the respective city or town's single-family residential zone, except where park or recreational open space land is not reserved on plats three acres or larger in size, or payment in lieu of reservation is not made, under 19.34.060(7); or
(b)
Critical areas are protected on part of the site by placing them entirely within a separate critical area tract or entirely on a portion of one developable parcel under the subdivision standards of the Critical Areas Ordinance or Shoreline Master Program.
(4)
Minimum lot area for lots created for permitted nonresidential uses, other than those uses listed in this Table 19.12.010-1 Note 1(d) above, served by area-wide public water supply and regional or community sewer, shall not be less than 10,000 square feet in area.
(5)
Refers to lots in the developed portion of the site only. The minimum values listed in the table are for lots created for detached, single-family dwellings served by a public water supply and a community on-site sewage disposal or regional sewer system in cluster developments on sites five acres or larger under Section 19.34.035.
(6)
A detached, single-family dwelling that has legally existed since May 21, 1997 and is on a lot that is at least five acres in size and is served by an individual well and/or on-site sewage disposal system may be divided without connection to available utilities, provided the existing detached single-family dwelling and the vacant lot(s) created by the land division complies with this Section and Chapter 19.25. In such case the minimum lot size for the existing dwelling shall be 7,000 square feet, and the maximum size shall be no larger than necessary, considering setbacks, utilities, existing structures, access locations and similar features.
Table 19.12.010-2. Setbacks, Lot Coverage and Building Height
Subject
Zone
SR
R-1
Maximum lot coverage
Exception: Lot coverage shall be restricted to 45% where park or recreational open space land is not reserved on plats three acres or larger in size, under Subsection 19.34.060(7)
60%
60%
or less as required by Section 19.21.030 for sitescreening/landscaping
Maximum building height – Additional restrictions may apply within the Airport Safety Overlay. See Section 19.17.030.
35 feet
35 feet
Minimum vision clearance triangle at intersections, railroads, curbcuts and driveways
See Subsection 19.10.040(7)
Minimum setbacks(1)
Front and street side setbacks*(2)
Designated classified road (arterial or collector)*
25 feet from planned edge of right-of-way or easement
Roads with a right-of-way or vehicular access easement more than 60 feet in width
Turnaround or cul-de-sac
Right-of-way or vehicular access easement 60 feet or less in width
Local access or private road(4)
Front
45 feet from planned centerline
Side
40 feet from planned centerline
Private, shared driveway or alley (4) (see Chapter 19.23)
Front
10 feet from edge of right-of-way or easement
Side
5 feet from edge of right-of-way or easement
Interior side setback*
5 feet from property line(3)
Rear setback*
Right-of-way or vehicular access easement
Same as front setback
Adjoining lot
15 feet from property line
Additional setback to accommodate required sitescreening
See Section 19.21.030
Notes:
*
Dwellings and other especially sensitive land uses (ESLU) adjacent to designated resource lands and/or activities are subject to additional setbacks. (See Section 19.18.205).
(1)
See Subsection 19.10.040(6)(b) for setback exceptions for temporary turnarounds, through lots, and specified residential accessory structures.
(2)
When there is no right-of-way, the front setback shall be 20 feet from the front property line.
(3)
The setback for dwellings approved in zero lot line developments is zero feet from one side property line not abutting a right-of-way.
(4)
Gates restricting vehicular access and garage and carport entrances must be set back 20 feet from the edge of a right-of-way or easement other than an alley.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 8-2015 § 2 (Exh. 4) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.12.020 Two-Family and Multi-Family Residential Districts (R-2, R-3).

(1) 
Legislative Intent.
(a) 
Two-Family Residential District (R-2). The R-2 district is intended to establish buildings that are typically single-family dwellings, duplexes and other compatible uses in areas served by local access streets and collectors. The purpose of the two-family residential district is to:
(i) 
Establish and preserve residential neighborhoods for land uses compatible with the intent of this district;
(ii) 
Locate residential development with a maximum density of 12 dwelling units per acre for duplexes, and a maximum density of 18 dwelling units per acre for multi-family dwellings under Chapter 19.14, in areas receiving a full range of public services including area-wide public water supply, regional public sewer, and police and fire protection;
(iii) 
Provide for an orderly, phased transition from rural to urban uses within Urban Growth Areas;
(iv) 
Facilitate coordinated and collaborative public infrastructure investment;
(v) 
Prevent conversion of land in the R-2 district to uses/densities that cannot be urbanized;
(vi) 
Require connection to public water and sewer systems where available; and
(vii) 
Require full urban standards for developments within Urban Growth Areas, meeting the County's minimum urban standards or the respective city's standards, whichever are higher.
(b) 
Multi-Family Residential District (R-3). The R-3 district contains a variety of attached or clustered multi-family dwellings in close proximity to neighborhood shopping facilities. The R-3 district is intended to:
(i) 
Provide for and protect medium and high-density residential districts by excluding activities not compatible with residential uses;
(ii) 
Locate high-density residential development, more than 12 dwelling units per acre, in areas receiving the full range of urban services;
(iii) 
Locate high-density residential development near neighborhood shopping facilities;
(iv) 
Locate high-density residential development so traffic generated by the development does not pass through lower-density residential areas; and
(v) 
Require full urban standards for developments within Urban Growth Areas, meeting the County's minimum urban standards or the respective city's standards, whichever are higher.
(2) 
Development Standards.
(a) 
New lots and structures and additions to structures subject to this Section shall comply with the standards for lots and building height, and setbacks in Tables 19.12.020-1 and 19.12.020-2, subject to Chapter 19.10 and Section 19.35.020.
(b) 
Subdivision design shall ensure that adequate setbacks, buffering of adjoining uses and sensitivity to physical features are achieved. Particular emphasis shall be given to ensuring land divisions will facilitate future urban development and extension of utilities.
(c) 
Tracts created for drainage facilities, parks, open space, wetlands and buffers or utilities shall not be subject to minimum lot size requirements.
(d) 
In the R-2 district, where the Reviewing Official authorizes development on systems other than area-wide public water and regional sewer, as defined in Section 19.01.070, the development must provide for full urbanization of the property when urban utility services become available, as provided in Chapter 19.25.
(e) 
In the R-3 district, the following standards apply:
(i) 
Where multifamily dwellings are grouped on one lot, the minimum distance between two buildings at any point shall be at least ten feet, and consistent with YCC Title 13; and
(ii) 
A minimum of 200 square feet of outdoor living area, as defined in Section 19.01.070, shall be provided per dwelling unit.
Table 19.12.020-1. Lot Requirements
Water and Sewer Combinations
Land Use
Zoning District
Minimum Lot Area (1)
(sq. ft.)
Maximum Density (2)
Minimum Lot Width
(feet)
Sites with Both Area-Wide Public Water Supply and Regional Public Sewer System
Detached single-family dwelling (where permitted)
R-2, R-3
7,000 (3)
7 units per acre
50
Detached single-family dwelling, zero lot line (Section 19.18.510)
R-2, R-3
3,500
12 units per acre
50
Attached single-family dwelling (common wall)
R-2, R-3
3,500
12 units per acre
35
Detached two-family dwelling
R-2, R-3
7,000
12 units per acre
50
Multifamily dwellings and Master Planned Development – Residential
R-2
1,750 per unit
18 units per acre
50
R-3
24 units per acre (4)
50
Permitted nonresidential uses
R-2 and R-3
10,000 (5)
N/A
50
Sites with Public Water and Community or Regional Sewer Combinations
Detached single-family dwelling or detached two-family dwelling
R-2
7,000 (3),(6)
7 to 11 units per acre (6)
50
R-3
Not allowed
Permitted nonresidential uses
R-2 and R-3
10,000 (5)
N/A
50
Sites without Public Water and Community or Regional Sewer
All permitted residential and nonresidential uses(7)
R-2, R-3
Notes:
(1)
Minimum lot area for types of water and sewer combinations other than individual systems is subject to the following:
(a)
Lot size may need to be increased to comply with Yakima Health District, Department of Health, Department of Ecology requirements, and/or other adopted regulations.
(b)
Lot sizes shall be increased to accommodate specific uses, lot coverage, setbacks, access, landscaping (see Chapter 19.21) and other requirements as provided in this Title.
(c)
The minimum lot size in the Greenway Overlay is one acre.
(d)
The following uses may be permitted on newly approved lots of less than the minimum parcel size: Utilities, structures and uses including but not limited to utility substations, pump stations, wells, watershed intake facilities, gas and water transmission lines and telecommunication facilities. Lots less than the minimum parcel size shall be reviewed for compatibility and must be designated as "non-buildable lot for utility purposes" by plat note, or by the equivalent deed or title restriction, if there is no plat. Standard lot width and setbacks shall apply.
(2)
Maximum density shall be calculated based upon the gross area of the site, excluding existing and proposed standard public right-of-way.
(3)
Minimum lot area may be reduced to 6,000 square feet, where allowed by the respective city or town's single-family residential zone, and where critical areas are protected on part of the site by placing them entirely within a separate critical area tract or entirely on a portion of one developable parcel under the subdivision standards of the Critical Areas Ordinance or Shoreline Master Program. The critical areas may count as a portion of the required community open space area under this option.
(4)
Subject to meeting all other applicable standards of this Title.
(5)
Minimum lot area for lots created for permitted nonresidential uses, other than those uses listed in this Table 19.12.020-1 Note 1(d) above, served by public water supply and regional or community sewer, shall not be less than 10,000 square feet in area.
(6)
Refers to lots in the developed portion of the site only. The minimum values listed in the table are for lots created for detached, single-family dwellings served by a public water supply and a community on-site sewage disposal or regional sewer system in cluster developments on sites five acres or larger under Section 19.34.035.
(7)
A detached, single-family dwelling that has legally existed since May 21, 1997 on a lot at least five acres in size and is served by an individual well and/or on-site sewage disposal system may be divided without connection to available utilities provided the existing dwelling unit and the vacant lot(s) created by the land division complies with this Section and Chapter 19.25. In such case the minimum lot size for the existing dwelling shall be 7,000 square feet, and the maximum size shall be no larger than necessary, considering setbacks, utilities, existing structures, access locations and similar features.
Table 19.12.020-2. Setbacks, Lot Coverage and Building Height
Subject
Zone
R-2
R-3
Maximum lot coverage
Lot coverage bonus: In the R-3 district, lot coverage up to 80% is allowed for development that dedicates at least 20% of the total lot area to landscaping, greenery and open space
60%
65%
or less as required by Section 19.21.030 for sitescreening/landscaping
Maximum building height – Additional restrictions may apply within the Airport Safety Overlay. See Section 19.17.030.
35 feet
50 feet
Minimum vision clearance triangle at intersections, railroads, curbcuts and driveways
See Subsection 19.10.040(7)
Minimum setbacks(1)
Front and street side setbacks*(2)
Designated classified road (arterial or collector)*
25 feet from planned edge of right-of-way or easement
Roads with a right-of-way or vehicular access easement more than 60 feet in width
Turnaround or cul-de-sac
Right-of-way or vehicular access easement 60 feet or less in width
Local access or private road(5)
Front
45 feet from planned centerline
Side
40 feet from planned centerline
Private, shared driveway or alley(5) (see Chapter 19.23)
Front
10 feet from planned edge of right-of-way or easement
Side
5 feet from planned edge of right-of-way or easement
Interior side setback(3)*
5 feet
10 feet(4)
from property line
Rear setback*
Right-of-way or vehicular access easement
Same as front setback(4)
Adjoining lot
15 feet
15 feet(4)
from property line
* Dwellings and other especially sensitive land uses (ESLU) are subject to additional setbacks from designated resource lands and/or activities
See Section 19.18.205
Additional setback to conform to sitescreening requirements
See Section 19.21.030
Notes:
*
References a definition in Section 19.01.070.
(1)
See Subsection 19.10.040(6)(b) for setback exceptions for temporary turnarounds, through lots, and specified residential accessory structures.
(2)
When there is no right-of-way, the front setback shall be 20 feet from the front property line.
(3)
The setback for dwellings approved in zero lot line developments is zero feet from one side property line not abutting a right-of-way.
(4)
The minimum side and rear setbacks in the R-3 zoning district shall be the setbacks in the table or one-half of the building height, whichever is greater, when adjacent to different residential zones (RT, SR, R-1, R-2). The minimum distance between two buildings at any point shall be at least ten feet where multifamily dwellings are grouped on one lot.
(5)
Gates restricting vehicular access and garage and carport entrances must be set back 20 feet from the edge of a right-of-way or easement other than an alley.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.13.010 Professional Business and Local Business Districts (B-1, B-2).

(1) 
Legislative Intent.
(a) 
Professional Business District. The purpose of the Professional Business (B-1) district is to:
(i) 
Establish and preserve areas for professional offices on smaller parcel sizes;
(ii) 
Provide for a transition between commercial clusters and residential neighborhoods; and
(iii) 
Require the County's minimum urban development standards for commercial developments, or the respective city's standards, whichever are higher.
(b) 
Local Business District. The purpose of the Local Business (B-2) district is to:
(i) 
Provide areas for commercial activities such as small retail sales and service establishments that meet the day-to-day convenience shopping and service needs of persons residing in nearby residential areas;
(ii) 
Accommodate small scale commercial uses that need a higher level of visibility and easy access to major arterials, and those uses where all goods produced on the premises are sold at retail; and
(iii) 
Require the County's minimum urban development standards for commercial developments, or the respective city's standards, whichever are higher.
(2) 
Development Standards. New lots and structures and additions to structures subject to this Section shall comply with the applicable standards for lots and building height, and setbacks in Table 19.13.010-1, subject to Chapter 19.10 and Section 19.35.020.
Table 19.13.010-1. Lot Standards, Setbacks, Lot Coverage and Building Height Requirements
Subject
Zone
B-1
B-2
Minimum lot area(1)
5,000 square feet
5,000 square feet
Minimum lot width
50 feet
50 feet
Maximum lot coverage
80 percent or less as required by Section 19.21.030 for sitescreening/landscaping
Maximum building height – Additional restrictions may apply within the Airport Safety Overlay. See Section 19.17.030.
35 feet
35 feet
Minimum vision clearance triangle at intersections, railroads and driveways
See Subsection 19.10.040(7)
Minimum setbacks(2)
Front/street side setbacks*(3)
Designated classified road (arterial or collector)*
25 feet from planned edge of right-of-way or easement
Roads with a right-of-way or vehicular access easement more than 60 feet in width
Turnaround or cul-de-sac
Right-of-way or vehicular access easement 60 feet or less in width
Local access or private road(4)
30 feet from planned centerline
Private, shared driveway or alley(4) (see Chapter 19.23)
0 feet from edge of right-of-way or easement
Interior side setback*
Not adjoining an RT, SR, R-1, R-2 or R-3 district
0 feet from property line
Adjoining an RT, SR, R-1, R-2 or R-3 district
One-half the building height or 20 feet, whichever is greater
Rear setback*
Right-of-way or access easement
Same as front setback
Not adjoining an RT, SR, R-1, R-2 or R-3 district
0 feet from property line
Adjoining an RT, SR, R-1, R-2 or R-3 district
One-half the building height or 20 feet, whichever is greater
*Dwellings and other especially sensitive land uses (ESLU) adjacent to designated resource lands and/or activities are subject to additional setbacks
See Section 19.18.205
Additional setback to accommodate required sitescreening
See Section 19.21.030
Notes:
(1)
Minimum lot area is subject to the following:
(a)
The minimum lot size herein specified is based on public water and sewer service availability. Lot size may need to be increased to comply with Yakima Health District, Department of Health, Department of Ecology requirements, and/or other adopted regulations.
(b)
Lot sizes shall be increased to accommodate specific uses, lot coverage, setbacks, access, landscaping (see Chapter 19.21) and other requirements as provided in this Title.
(c)
The minimum lot size in the Greenway Overlay is one acre.
(d)
The following uses may be permitted on newly approved lots of less than the minimum parcel size: Utilities, structures and uses including but not limited to utility substations, pump stations, wells, watershed intake facilities, gas and water transmission lines and telecommunication facilities. Lots less than the minimum parcel size shall be reviewed for compatibility and must be designated as "non-buildable lot for utility purposes" by plat note, or by the equivalent deed or title restriction, if there is no plat. Standard lot width and setbacks shall apply.
(2)
See Subsection 19.10.040(6)(b) for setback exceptions for temporary turnarounds and through lots.
(3)
When there is no right-of-way, the front setback shall be 20 feet from the front property line.
(4)
Gates restricting vehicular access and garage and carport entrances must be set back 20 feet from the edge of a right-of-way or easement other than an alley.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.13.020 Urban Commercial Districts (SCC, LCC, GC, HTC).

(1) 
Legislative Intent.
(a) 
Small Convenience Center District. The purpose of the Small Convenience Center (SCC) district is to:
(i) 
Serve the day-to-day convenience shopping and service needs of the surrounding neighborhood and minimize undesirable impacts of the center on the neighborhood it serves;
(ii) 
Provide areas for commercial activities that meet the direct retail shopping and service needs of the consumer community, such as supermarkets, fast food restaurants and drug stores; and
(iii) 
Accommodate small commercial centers, generally two to five acres in size, where most commercial uses have located in a coordinated manner around a common parking lot and one major commercial approach driveway.
(b) 
Large Convenience Center District. The purpose of the Large Convenience Center (LCC) district is to:
(i) 
Serve the shopping and service needs of multiple surrounding neighborhoods while minimizing the district's impacts on such neighborhoods;
(ii) 
Provide areas for commercial activities outside central business districts of cities and towns that meet the retail shopping and personal service needs of the community, such as multiple tenant shopping, restaurants, office complexes and multi mixed-uses; and
(iii) 
Accommodate commercial centers, generally five to ten acres in size, where most commercial uses are coordinated in a manner around a common parking lot and usually with two major commercial approach driveways.
(c) 
General Commercial District. The purpose of the General Commercial (GC) district is to accommodate wholesale and retail activities with some high-density residential development. This district is located only in Urban Growth Areas, primarily near and along the major arterials as designated in the Comprehensive Plan. The GC district is additionally intended to:
(i) 
Provide sites for more diversified business types including non-retail commercial and business uses which are primarily related to automotive traffic; and
(ii) 
Require the County's minimum urban development standards for commercial developments, or the respective city's standards, whichever are higher.
(d) 
Highway/Tourist Commercial District. The Highway/Tourist Commercial (HTC) is both an urban and a rural district. The legislative intent, uses, and development standards for the HTC district are listed separately in Section 19.11.040.
(2) 
Development Standards. New lots and structures and additions to structures subject to this Section shall comply with the applicable standards for lots and building height, and setbacks in Tables 19.13.020-1, subject to the provisions of Chapter 19.10 and Section 19.35.020.
Table 19.13.020-1. Lot Standards, Setbacks, Lot Coverage and Building Height Requirements
Subject
Zone
SCC
LCC
GC
Minimum lot area(1)
10,000 square feet
10,000 square feet
5,000 square feet
Minimum lot width
100 feet
100 feet
35 feet
Maximum building height
Additional restrictions may apply within the Airport Safety Overlay. See Section 19.17.030.
35 feet
50 feet
50 feet
Maximum lot coverage
85%
90%
100%
or less as required by landscaping in YCC Chapter 19.21
Minimum vision clearance triangle at intersections, railroads, curbcuts and driveways
See Subsection 19.10.040(7)
Minimum building setbacks(2)
Front/street side*(3)
Designated classified road (arterial or collector)*
25 feet from planned edge of right-of-way or easement
Roads with a right-of-way or vehicular access easement more than 60 feet in width
Turnaround or cul-de-sac
Right-of-way or vehicular access easement 60 feet or less in width
Local access or private road (4) (see Chapter 19.23)
30 feet from planned centerline
Private, shared driveway or alley(4)
0 feet from edge of right-of-way or easement
Side (interior)*
Not adjoining an RT, SR, R-1, R-2 or R-3 district
0 feet from property line
Adjoining an RT, SR, R-1, R-2 or R-3 district
One-half the building height or 20 feet, whichever is greater
Rear *
Right-of-way or vehicular access easement
Same as front setback
Not adjoining an RT, SR, R-1, R-2 or R-3 district
0 feet from property line
Adjoining an RT, SR, R-1, R-2 or R-3 district
One-half the building height or 20 feet, whichever is greater
*Dwellings and other especially sensitive land uses (ESLU) adjacent to designated resource lands and/or activities are subject to additional setbacks
See Section 19.18.205
Additional setback to conform to sitescreening requirements
See Section 19.21.030
Notes:
(1)
Minimum lot area is subject to the following:
(a)
The minimum lot size herein specified is based on public water and sewer service availability. Lot size may need to be increased to comply with Yakima Health District, Department of Health, Department of Ecology requirements, and/or other adopted regulations.
(b)
Lot sizes shall be increased to accommodate specific uses, lot coverage, setbacks, access, landscaping (see Chapter 19.21) and other requirements as provided in this Title.
(c)
The minimum lot size in the Greenway Overlay is one acre.
(d)
The following uses may be permitted on newly approved lots of less than the minimum parcel size: Utilities, structures and uses including but not limited to utility substations, pump stations, wells, watershed intake facilities, gas and water transmission lines and telecommunication facilities. Lots less than the minimum parcel size shall be reviewed for compatibility and must be designated as "non-buildable lot for utility purposes" by plat note, or by the equivalent deed or title restriction, if there is no plat. Standard lot width and setbacks shall apply.
(2)
See Subsection 19.10.040(6)(b) for setback exceptions for temporary turnarounds and through lots.
(3)
When there is no right-of-way, the front setback shall be 20 feet from the front property line.
(4)
Gates restricting vehicular access and garage and carport entrances must be set back 20 feet from the edge of a right-of-way or easement other than an alley.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.13.030 Light Industrial and Heavy Industrial Districts (M-1, M-2).

(1) 
Legislative Intent.
(a) 
Light Industrial District. The purpose of the Light Industrial (M-1) district is to:
(i) 
Establish and preserve areas near designated truck routes, freeways and the railroad for light industrial uses, which should not generate noise levels, light, odor or fumes that would constitute a hazard. Such uses are light manufacturing, processing, research and wholesale trade, storage and distribution facilities;
(ii) 
Direct truck traffic onto designated truck routes and away from residential streets; and
(iii) 
Minimize conflicts between uses in the light industrial district and surrounding land uses.
(b) 
Heavy Industrial District. The purpose of the Heavy Industrial (M-2) district is to:
(i) 
Establish and preserve areas near designated truck routes, freeways and the railroad for heavy industrial uses, such as manufacturing, assembling, fabrication, processing and distribution and storage facilities;
(ii) 
Protect uses with the potential to generate high levels of noise, light, odor, fumes or smoke from encroachment by incompatible land uses;
(iii) 
Direct heavy truck traffic onto designated truck routes and away from residential streets; and
(iv) 
Assure that permitted uses do not generate gases, fumes, heat, glare or vibrations in a manner inconsistent with the intent of the district and/or incompatible with surrounding uses; and
(v) 
Minimize conflicts between heavy industrial uses and surrounding land uses.
(2) 
Special Location Requirements. The M-1 and M-2 districts are located principally, but not exclusively, within Urban Growth Areas. Establishment of M-1 and M-2 zoning districts outside Urban Growth Areas is allowed if the criteria including, but not limited to, Comprehensive Plan policy ED 3.14 and the following, are met:
(a) 
New infrastructure is provided for and/or applicable impact fees are paid; and
(b) 
Transit-oriented site planning and traffic demand management programs are implemented; and
(c) 
Buffers are provided between the major industrial development and adjacent nonurban areas to appropriately mitigate and screen impacts of structures and activities including, but not limited to, bulk, light, glare, noise, and parking; and
(d) 
Environmental protection including air and water quality has been addressed and provided for; and
(e) 
Development regulations are established to ensure that urban growth will not occur in adjacent nonurban areas; and
(f) 
Provision is made to mitigate adverse impacts on designated agricultural lands, forest lands and mineral resource lands; and
(g) 
The plan for the major industrial development is consistent with the policies and development regulations established for protection of critical areas; and
(h) 
An inventory of developable land has been conducted and findings made that land suitable to site the major industrial development is unavailable within the Urban Growth Area. Priority shall be given to applications for sites that are adjacent to or in close proximity to the Urban Growth Area.
(3) 
Development Standards.
(a) 
New lots and structures and additions to structures subject to this Section shall comply with the applicable standards for lots and building height, and setbacks in Tables 19.13.030-1, subject to Chapter 19.10 and Section 19.35.020.
(b) 
Industrial uses and land divisions shall facilitate future urban development and extension of utilities.
(c) 
Proposed industrial development shall ensure adequate setbacks, buffering of adjoining uses and sensitivity to physical features.
(4) 
Performance Standards. No land or structure shall be used or occupied within M-1 and M-2 districts unless there is continuing compliance with the following minimum performance standards:
(a) 
Noise. Maximum permissible noise levels shall be as determined by Chapter 173-60 WAC, as amended and applicable provisions of Subtitle 19.3 (Procedures).
(b) 
Emissions and Venting.
(i) 
The emission of any gases, fumes or vapors dangerous to human health, animal life, vegetation or property are prohibited.
(ii) 
The venting of odors, vapors, smoke, cinders, dust, gas, and fumes shall be directed away from residential uses within 50 feet of the vent.
(c) 
Heat. No use shall produce heat significantly perceptible beyond its lot lines.
(d) 
Glare.
(i) 
No use shall produce a reflection of a strong light, beyond its lot lines.
(ii) 
Except for exterior lighting, operations producing glare shall be conducted entirely within an enclosed building.
(e) 
Electromagnetic Interference. Electric fields and magnetic fields shall not be created that adversely affect the normal operation of equipment or instruments or normal radio, telephone, or television reception from off the premises where the activity is conducted. This section does not apply to telecommunication facilities regulated by the Federal Communications Commission under the Federal Telecommunication Act of 1996 or its successor.
Table 19.13.030-1. Lot Standards, Setbacks, Lot Coverage and Building Height Requirements
Subject
Zone
M-1
M-2
Minimum lot area(1)
New parcels smaller than one-half acre are not permitted unless consistent with a binding site plan approval for the use
One-half acre
One-half acre
Minimum lot width
60 feet
60 feet
Maximum lot coverage
100 percent
100 percent
or less as required by Section 19.21.030 for sitescreening/landscaping
Maximum building height
Additional restrictions may apply within the Airport Safety Overlay. See Section 19.17.030.
60 feet
None
Minimum vision clearance triangle at intersections, railroads, curbcuts and driveways
See Subsection 19.10.040(7)
Minimum building setback(2)
Front/street side*(3)
Classified road (arterial or collector)
50 feet from planned centerline
Roads with a right-of-way or vehicular access easement greater than 60 feet in width
25 feet from planned right-of-way edge
Turnaround or cul-de-sac
Local access or private roads(4)
50 feet from planned centerline
Private, shared driveway or alley(4) (see Chapter 19.23)
10 feet from edge of easement
Side (interior)*
Not adjoining an RT, SR, R-1, R-2 or R-3 district
0 feet
0 feet
Adjoining an RT, SR, R-1, R-2 or R-3 district
One-half building height or 50 feet, whichever is greater
Rear*
Right-of-way or vehicular access easement
Same as front setback
Same as front setback
Not adjoining an RT, SR, R-1, R-2 or R-3 district
0 feet
0 feet
Adjoining an RT, SR, R-1, R-2 or R-3 district
One-half building height or 50 feet, whichever is greater
*Dwellings and other especially sensitive land uses (ESLU) adjacent to designated resource lands and/or activities are subject to additional setbacks
See Section 19.18.205
Additional setback to conform to sitescreening requirements
See Section 19.21.030
Notes:
(1)
Minimum lot area is subject to the following:
(a)
The minimum lot size herein specified is based on public water and sewer service availability. Lot size may need to be increased to comply with Yakima Health District, Department of Health, Department of Ecology requirements, and/or other adopted regulations.
(b)
Lot sizes shall be increased to accommodate specific uses, lot coverage, setbacks, access, landscaping (see Chapter 19.21) and other requirements as provided in this Title.
(c)
The minimum lot size in the Greenway Overlay is one acre.
The following uses may be permitted on newly approved lots of less than the minimum parcel size: Utilities, structures and uses including but not limited to utility substations, pump stations, wells, watershed intake facilities, gas and water transmission lines and telecommunication facilities. Lots less than the minimum parcel size shall be reviewed for compatibility and must be designated as "non-buildable lot for utility purposes" by plat note, or by the equivalent deed or title restriction, if there is no plat. Standard lot width and setbacks shall apply.
(2)
See Subsection 19.10.040(6)(b) for setback exceptions for temporary turnarounds and through lots.
(3)
When there is no right-of-way, the front setback shall be 20 feet from the front property line.
(4)
Gates restricting vehicular access and garage and carport entrances shall be set back 20 feet from the edge of the right-of-way.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017; Ord. 5-2020 § 2(F) (Exh. 4), 2020)

§ 19.14.010 Allowable Land Use Table.

(1) 
The following Table 19.14-1 indicates those uses which may be permitted through Type 1, 2, 3 or 4 review in the various zoning districts defined in this title. In addition to Table 19.14-1, reference to the individual zoning districts and, where indicated, the notes following the table and definitions of 19.01.070, is necessary in order to determine if any specific requirements apply to the listed use.
(2) 
Uses. The uses set out in Table 19.14-1 are examples of uses allowed in the various zoning districts defined in this title. The appropriate review authority is mandatory. See YCC Title 16B for more explicit definitions of Type 1, 2, 3, and 4 uses/reviews.
"Type 1"
Uses allowed subject to approval of applicable permits where required. Type 1 uses usually require Type 1 review, but may require Type 2 review under certain conditions.
"Type 2"
Uses allowed upon Type 2 administrative review and approval as set forth in Section 19.30.030 uses subject to review and approval. Type 2 uses require administrative review by the Administrative Official and may be referred to the Hearing Examiner.
"Type 3"
Uses which may be authorized subject to the approval of a conditional use permit as set forth in Section 19.30.030. Type 3 conditional uses are not generally appropriate throughout the zoning district. Type 3 uses require Hearing Examiner review of applications subject to a Type 3 review under the procedures of Section 19.30.100 and YCC Subsection 16B.03.030(1)(c).
"Type 4"
Uses which may be allowed subject to the approval of a project permit as set forth in Section 19.30.030. Type 4 uses require both the Hearing Examiner and Board of County Commissioners review of applications subject to a Type 4 review under the procedures of Sections 19.30.080, 19.36.030, and YCC § 16B Subsection 16B.03.030(1)(d).
"Blank"
Uses specifically prohibited.
A higher level of review may be required for a use located within one or more overlay districts, designated in Chapter 19.17, or where circumstances merit a higher level of review as described in Section 19.30.030. Where a use is not listed, it is specifically prohibited or subject to a similar use interpretation in Chapter 19.31.
Table 19.14-1 Allowable Land Uses
AG
FW
MIN
R/ELDP
R-10/5
RT
RS
HTC
SR
R-1
R-2
R-3
B-1
B-2
SCC
LCC
GC
M-1
M-2
AGRICULTURE & FORESTRY (COMMERCIAL)
Agricultural building*†
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Agricultural market*
2
3
3
2
2
1
2
2
1
1
1
2
2
Agricultural stands*† not exceeding 1,000 square feet in area
1
1
1
1
1
2
1
1
1
2
2
1
1
Agricultural service establishments*
2
3
2
2
Agricultural tourist operation*† (ATO):
(1) Retail ATO*
2
2
2
(2) Destination ATO*
3
3
3
(3) Resort ATO*
4
4
4
4
Agriculturally related industry*
1
3
2
2
3
1
1
Agriculture*, silviculture, wholesale nurseries*†, and animal feeding operations*† (Excluding: concentrated animal feeding operations*, livestock auction/sale yards, rendering plants and slaughter houses)
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Aquaculture*
1
2
1
2
2
3
1
3
2
1
Brewery, domestic*
2
1
1
Brewery, micro*
1
3
2
2
2
1
1
1
Concentrated animal feeding operations*
2
2
3
2
2
Distillery*
1
3
2
2
Distillery*, craft*
1
3
2
2
2
2
1
1
Farm Labor housing:
Farm labor center*†
2
3
3
Farm labor shelter*†
1
2
Seasonal duration temporary worker housing†
Note 3
Note 3
Note 3
Note 3
Note 3
Forest industries*
1
2
3
2
1
Irrigation distribution/drainage facilities*
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Livestock auction/sale yards*
2
2
3
3
2
Winery*
1
3
2
2
2
1
1
AMUSEMENT AND RECREATION
Adult entertainment facilities*†
1
1
Amusement park (permanent) fairgrounds, racetracks and other outdoor amusements*†
3
3
3
2
3
3
3
Aquatic center†
3
2
3
3
2
Bowling alleys
2
1
2
2
2
1
Campground*† and RV park*†
2
3
3
2
3
2
Drive-in theatres†
3
3
2
3
2
2
Exercise Facilities, gymnasiums
2
2
2
2
2
2
1
1
1
2
Game rooms*, electronic game rooms*, excluding social card rooms*
2
1
1
1
Social card room*, including casinos†
2
3
3
3
Golf courses, clubhouses, pro shops, driving ranges
3
3
2
2
2
2
2
3
3
3
3
Miniature golf courses†
3
3
3
2
3
3
1
1
2
Historic landmark* allowable use permits†
2
2
2
2
2
2
2
2
3
3
3
3
2
2
2
2
2
2
2
Hunting and fishing services, horse rental, pony rides
1
1
1
1
2
2
2
2
Livestock event facilities
2
3
2
3
3
Movie theaters, auditoriums, exhibition halls
2
1
3
1
1
Off-road vehicle recreation facilities*†
2
2
2
Parks, playgrounds, greenways and other public or private outdoor recreational facilities
3
3
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
Public or private camps* and guest ranches*
2
2
3
3
Recreational services including equipment sales and rentals
2
2
Shooting range, indoor
2
2
3
3
3
2
Shooting range, outdoor
3
3
2
3
2
Sporting goods, Retail
1
1
2
1
1
1
Sports facility, indoor
2
2
2
2
1
3
COMMUNITY SERVICES
Cemetery†, crematorium columbaria and mausoleums
2
2
2
2
2
2
3
3
3
3
3
Church or other place of worship*
2
2
2
2
2
2
2
2
2
2
2
2
2
2
1
Community center*
3
3
3
2
2
3
2
2
2
2
2
2
1
2
Correctional facilities
3
3
3
3
3
3
3
3
3
Crisis residential facilities*
2
2
2
3
2
2
3
Day care center, child*
3
2
2
2
3
3
3
2
2
2
1
1
2
2
Family home services*, other than safe/shelter home
1
1
1
1
1
1
1
1
1
1
2
1
1
1
Safe/shelter home* (see Family Home Services)
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
Fraternal organizations*, lodges and clubs, meeting/reception hall*
3
2
2
2
2
2
2
2
2
Funeral home, without cemetery or crematorium
2
3
2
2
2
1
1
2
Funeral homes with crematorium
2
3
2
2
2
2
2
2
Grange halls and other agriculturally related clubs and organizations
2
2
2
Group care facilities (large)**, foster family homes (large)**, or licensed boarding homes for more than six residents** (**Exceed definitions under Family Home Services)
2
2
2
2
2
2
3
3
2
Halfway house/clean and sober facility*
3
3
3
3
3
3
2
3
Health care facilities*
3
3
2
3
3
3
3
3
3
3
2
2
Libraries
2
2
2
2
3
3
3
3
2
2
1
1
1
Museums, art galleries
2
2
3
2
2
2
2
3
3
3
2
2
1
1
1
Opiate substitution treatment facility defined under RCW 36.70A.200†
3
3
3
3
3
3
3
Police, fire station, ambulance service†
2
2
2
2
2
2
2
3
3
3
3
2
2
2
2
1
1
1
Public buildings and uses*
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
Residential care facility*
2
3
2
2
Residential care facility* within five road miles of a year-round responding fire station
2
2
Retirement homes*
2
2
2
School bus storage & maintenance facilities
3
3
3
2
2
2
2
2
2
2
2
2
2
2
2
2
2
Schools: Elementary and middle*, senior high school*
3
3
2
2
2
3
3
3
3
3
3
3
3
2
2
Business incubator facilities, single- or multi-tenant
2
2
2
2
2
Business school*
2
3
3
3
3
3
3
2
2
2
2
Commercial education services and studios
3
1
2
1
1
1
1
2
Community college/university
3
3
2
3
3
3
3
3
2
2
2
2
2
Vocational school*
2
3
3
3
3
3
2
2
2
1
2
Treatment centers for drug and alcohol rehabilitation
3
3
3
3
3
3
3
MANUFACTURING
Agricultural product support
2
1
1
Aircraft, aircraft parts
1
1
Aircraft, commercial and industrial uses
1
1
Apparel and accessories
2
2
1
1
Bakery products (wholesale)
2
2
2
1
1
Beverage industry*, not including wineries
2
2
1
1
Canning, preserving, processing and packaging fruits vegetables and other foods not with definition of ag. related industry
2
2
1
1
Cement and concrete plants
1
3
1
Chemicals (industrial, agricultural, wood, etc.)
3
1
Concrete, lime, gypsum and plaster
1
1
1
Confectionery and related products (wholesale)
2
2
2
2
1
1
Drop forge products
3
1
Drugs and pharmaceutical products
1
1
Electrical transmission and distribution equipment
1
1
Electronic components and accessories
2
1
1
Engineering, medical, optical, dental and scientific instruments
2
1
1
Explosives and ammunition
3
2
Fabricated structural metal products
1
1
Fertilizer, chemical
3
3
3
1
Food processing
2
3
1
1
Furniture and custom cabinet shops
3
2
1
1
General hardware, including hand tools, cutlery, etc.
2
1
1
Glass pottery and related products
2
2
1
1
Grain mill products
2
3
1
1
Heating apparatus, wood stoves
1
1
Leather products
3
2
1
1
Leather tanning and finishing
3
1
Machinery and equipment
3
2
1
1
Major industrial development*
3
3
Meat, poultry and dairy products
3
3
1
1
Metal, plastic or glass containers
3
2
1
Paints, varnishes, lacquers, enamels and allied products
3
1
Paperboard containers and boxes
3
3
2
1
Petroleum products, refining and manufacture
3
1
Plastic products
3
1
1
Prefabricated structural wood products and containers
3
1
1
Printing, publishing and binding
2
2
1
1
Printing trade (service industries)
2
2
2
2
2
2
1
1
Rendering plants, slaughterhouses
3
3
Rubber products
3
2
1
Rubber reclaiming
3
2
Sawmills and planing mills
3
1
Sheet metal and welding shops
3
1
1
Sign manufacturing*
2
1
1
1
Signs, printed, painted or carved
2
2
3
2
1
1
1
Stone products (includes finishing or monuments for retail sales)
1
3
1
1
Transportation equipment, including camping and recreational vehicles
3
1
1
Vehicle assembly, including automobile, truck, farm, heavy equipment, etc.
3
2
Woodworking, not otherwise listed
3
3
3
1
1
MINING/REFINING/OFFSITE HAZARDOUS WASTE TREATMENT
The following mining related uses within areas designated Mineral Resource by the comprehensive plan:
Chemical washing, blending, or extraction of precious or semi-precious minerals
3
3
3
Manufacture, fabrication and sale of concrete, asphalt, and mineral products
1
3
2
Mineral batching* (Long-term)†
1
3
2
2
Mineral batching* (Temporary)†
2
2
1
2
2
3
3
2
2
Mineral processing*, mining site/operation (Long-term or temporary) †
2
2
1
2
2
3
3
2
2
Recycled asphalt or concrete, stockpiling or storage of, (when accessory to an approved mining site/operation)†
2
2
1
2
2
3
3
2
2
The following mining related uses within areas not designated Mineral Resource by the comprehensive plan:
Chemical washing, blending, or extraction of precious or semi-precious minerals
3
3
Manufacture, fabrication and sale of concrete, asphalt, and mineral products
3
Mineral batching* (Long-term)†
3
3
Mineral batching* (Temporary) †
3
3
3
3
3
3
2
2
Mineral processing*, mining site/operation* (Long-term) †
3
3
Mineral processing*, mining site/operation* (Temporary) †
3
3
3
3
3
3
2
2
Recycled asphalt or concrete, Stockpiling or storage of†
3
3
Additional Uses:
Extraction of mineral resources as part of a federal or state approved fish or wildlife habitat restoration/enhancement project (Temporary)
2
2
1
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
Federal or state approved wetland mitigation projects requiring extraction of mineral resources (Temporary)
2
2
1
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
Hazardous waste treatment and storage facilities subject to the state siting criteria of Chapter 70.105 RCW: Offsite, and storage of chemicals and empty chemical containers
3
3
3
2
2
Hazardous waste treatment and storage facilities subject to the state siting criteria of Chapter 70.105 RCW: Onsite, and storage of chemicals and empty chemical containers
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Petroleum, natural gas and geothermal exploration and production
2
2
2
3
Recycling center*
3
1
1
1
Refuse landfills*
3
3
3
3
3
2
2
Solid waste drop box site*†
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
1
Solid waste transfer stations*†
3
3
2
3
3
3
2
1
Stockpiling of earthen materials not within FEMA Flood Plain*†
2
2
2
2
2
2
1
1
2
2
2
2
1
1
1
1
1
RESIDENTIAL
Accessory dwelling unit*† – Attached to a SFR
2
2
2
2
2
2
2
2
Accessory dwelling unit*† – Detached from a SFR
2
2
2
2
2
2
2
2
2(2)
2(2)
Dwelling for occupancy by guards, watchmen, caretakers or owners of non-residential permitted use†
1
1
1
1
1
1
1
1
1
Manufactured/Mobile home parks*†
2
3
2
Manufactured or mobile or homes*† of any size in approved or existing mobile/manufactured home parks*
1
1
1
1
1
1
1
1
1
1
1
1
Mixed use building/dwellings in mixed-use multi-family residential/commercial development†
2
1
1
1
1
1
Multi-family dwelling*, 12 dwellings per acre or less
2
2
1
2
2
2
2
2
Multi-family dwelling*, 13 to 18 dwellings per acre
3
3
2
2
2
2
2
2
Multi-family dwelling*, more than 18 dwellings per acre
2
2
2
2
2
2
2
Multi-wide manufactured home*† on an individual lot:
Previously Titled (Used)
1
1
1
1
1
1
1
1
1
Not Previously Titled (New)
1
1
1
1
1
1
1
1
1
Second farm dwelling on a parcel at least 20 acres in size, in addition to the owner's single-family residence, that is in active agricultural use†
1
Single-family attached dwelling* (common wall)
2
2
1
1
Single-family detached dwelling (zero lot line)*
2
2
1
1
Single-family site built or modular* dwelling
1
1
1
1
1
1
1
1
1
Single-wide manufactured home*†, on an individual lot:
Previously Titled (Used)
1
1
1
1
1
1
1
1
1
Not Previously Titled (New)
1
1
1
1
1
1
1
1
1
Temporary sales office within a residential or mixed-use project while units in the project are sold by the developer
1
1
1
1
1
1
1
1
1
1
Two-family dwelling (duplex)*
1
2
2
1
1
RETAIL TRADE AND SERVICE
Addressing, mailing, and stenographic services
1
1
1
1
1
1
2
Administrative offices, not otherwise listed
2
1
1
1
1
1
2
Agricultural implements, parts, tools and machinery
3
2
1
1
1
2
Amateur radio antenna and support structure*†, communication tower*†, anemometer*† or personal wind energy tower*† and related facilities
Note 1
Note 1
Note 1
Note 1
Note 1
Note 1
Note 1
Note 1
Note 1
Note 1
Note 1
Note 1
Note 1
Note 1
Note 1
Note 1
Note 1
Note 1
Note 1
Antique store*
1
1
2
1
Art Supplies
1
1
Auction house/yard*, excluding livestock
3
3
3
3
2
2
2
Automobile, motorcycle, truck, trailer, manufactured home & RV sales
2
1
2
Auto wrecking, dismantling, salvage or junk yard
3
2
1
Bail Bonds
1
1
1
Bakery, butcher shop, delicatessen, specialty food store
1
1
3
1
1
1
1
2
Beauty and barber shops
1
1
2
1
1
1
1
2
Bed and breakfast inn* with a maximum of five guest bedrooms and/or receptions, group meetings and/or special gatherings†
2
2
3
2
2
2
2
2
2
2
2
2
2
2
2
2
Bed and breakfast inn* with a maximum of two guest bedrooms and without receptions, group meetings or special gatherings†
1
1
2
1
1
1
1
1
1
1
1
1
1
1
1
1
Boarding or lodging house*
2(4)
3
3
3
2
1
3
3
3
1
1
1
Boats and marine accessories
2
2
2
1
1
2
Books, stationery, office supplies
1
2
1
1
1
1
2
Building and trade contractors†, not qualifying as home occupations*
2
3
2
2
2
2
1
1
Call center
2
2
3
3
1
1
Candy store
2
1
1
1
1
Car wash†, detailing
3
2
1
2
2
1
1
2
Clothing and accessories
1
2
3
1
1
1
1
Commercial services*
2
3
1
1
1
1
2
Computer, camera and electronic stores
1
2
1
1
1
1
Convenience* store*†
2
3
2
1
2
1
1
1
2
Department, discount, variety stores, 25,000 square feet or less
3
2
2
1
1
Department, discount, variety stores, more than 25,000 square feet
3
3
3
1
1
Drive-through food, espresso/coffee and beverage vendor*†
1
3
2
1
3
2
2
2
2
3
Mobile food vendor located on a site longer than four hours within a 24 hour period.
3
2
1
3
2
2
2
2
2
2
Drug stores*, pharmacies, optical goods, orthopedic supplies
1
2
1
1
1
1
Espresso/coffee stand*
2
3
1
1
1
1
1
1
1
Fabric store
1
1
1
1
1
Farm and ranch supplies
3
3
2
2
1
1
1
Financial institutions
1
1
1
1
1
1
1
Florist
1
1
2
1
1
1
1
Fuel oil and coal distributors†
3
2
1
Furniture, home furnishings, appliances, including service
2
1
1
1
1
Gift shop*, souvenirs, coins, stamps, toys, hobby store
2
1
1
1
1
1
1
Grocery Store
2
3
2
2
1
Hardware, garden equipment and supplies, farm and ranch supplies, building and trade retailers (e.g., plumbing, glass, heating, electrical, lumber, paint, wallpaper)
2
2
2
1
1
2
Heavy construction equipment sales and rental
2
1
2
1
Heavy construction equipment storage, maintenance, repair and contracting services
3
2
2
3
3
1
1
Home business, major*†
2
2
2
2
2
2
2
2
2
2
2
2
Home business, minor*†
1
1
1
1
1
1
1
1
1
1
1
1
Jewelry, watches, silverware
1
1
1
1
1
1
Kennels*†
2
2
2
2
3
2
2
2
2
2
Laundries, laundromats and dry cleaners
2
1
2
1
1
1
1
Liquor stores†
2
2
2
1
1
Lumber yards
1
1
1
1
1
Maintenance and repair shops, including specialized repair (radiator, etc.)
3
2
2
2
1
1
1
2
2
Marinas* (may include accessory sales of marine products)
3
2
2
2
Massage therapy/spa*
1
1
1
1
1
1
Medical and dental laboratories, offices and clinics
1
1
1
1
1
1
2
Motorcycle repair and maintenance
2
1
1
1
2
Music stores
1
1
2
1
1
Nursery, retail*†
3
3
3
2
3
1
3
1
1
1
1
2
Opiate substitution treatment facility
3
3
3
3
3
Outdoor advertising (billboard)
2(4)
2(4)
Overnight lodging facilities*
2(4)
3
2
2
1
1
1
1
Paint and body repair shops
3
3
1
1
2
2
Parking lots and garages
2
2
2
2
2
1
1
Parking lots and garages accessory to another allowed use
1
1
2
1
1
1
1
Parts and accessories (tires, batteries, etc.)
2
1
2
2
1
1
2
Pawnbroker
2
1
1
1
Pet daycare*, grooming, animal training*
2
2
2
2
2
1
2
1
1
1
1
2
Pet stores, pet supplies
1
1
1
1
1
2
Photographic studios
1
1
1
1
1
1
Printing services, commercial
2
1
1
1
1
1
Printing, photocopy service
1
1
1
1
2
Professional, scientific, technical or other services (i.e., advertising, architects, attorneys, engineers, real estate, insurance, surveyors, employment agencies), may include multi-tenant and administrative offices not otherwise listed
2
1
1
1
1
1
2
Radio/TV Studio
3
2
3
3
2
1
1
1
2
Railroad switch yards, maintenance and repair facilities, etc.
1
1
Rental agencies: Auto, truck, trailer, fleet leasing services
2
1
2
1
2
2
2
Repairs: Re-upholstery and furniture, small engines and garden equipment, golf carts, refrigerators, large items, etc.
2
2
2
1
1
2
Repairs: Small appliances, TVs, business machines, jewelry, locksmiths, gunsmiths, watches, etc.
1
1
1
1
1
2
Restaurant, café and drive-in eating facilities
3
3
2
2
3
2
1
1
1
2
Roller skating or ice skating rink
2
1
2
2
3
Seamstress, tailor, shoe repair
1
2
1
1
1
1
Second hand store*
2
3
2
Second hand store* without outdoor storage
1
2
2
2
2
Service station, automotive*†
3
3
2
1
2
1
1
1
2
Shoe repair
1
2
1
1
1
2
Short-Term Rental
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Stone products (includes finishing or monuments for retail sale)
3
Tasting room*
2
2
3
2
1
2
Taverns*†, bars†, dance establishments
2
2
3
2
1
2
2
Technical equipment sales*
2
2
1
1
1
1
2
Towing services*
3
2
1
2
2
1
Veterinarian/animal clinic/hospital* (see also Ag. Service)
2
3
2
2
3
2
2
2
1
1
2
Video sales/rental
3
1
2
1
1
1
1
Waste material processing and junk handling*
3
2
1
Zoo†
3
3
3
3
3
TRANSPORTATION
Air, rail, truck terminals (for short-term storage, office, etc.)
2
1
1
Airports and landing fields, personal or restricted use*†
2
2
2
2
3
3
2
2
Airports and landing fields, public use*†
3
3
3
3
2
2
Bus storage and maintenance facilities, excluding school buses
2
1
1
Bus terminals
2
2
1
1
Contract truck hauling, rental and trucks with drivers*
3
2
2
3
3
1
1
Taxicab terminals, maintenance and dispatching centers, etc.
2
3
3
1
Transportation brokerage offices*; with truck parking
3
2
3
2
2
2
1
1
Transportation brokerage offices*; without truck parking
3
2
2
1
1
1
1
1
Truck service stations, washes and shops
2
2
3
1
1
UTILITIES
Impoundment of water, including dams and frost ponds
1
1
2
1
2
2
2
2
2
1
1
Linear transmission facilities*†
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
Power generating facilities
3
3
3
3
3
3
3
3
1
Sewage treatment plants
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
2
Utility services* (substations, reservoirs, etc.), when no building or series of buildings exceeds 120 sq. ft. and the SEPA threshold is not exceeded
1
1
1
1
1
1
1
1
3
3
3
3
3
3
3
3
3
1
1
Utility services* (substations, reservoirs, etc.), when the building or series of buildings exceeds 120 sq. ft. or the SEPA threshold is exceeded
2
2
2
2
2
2
2
2
3
3
3
3
3
3
3
3
3
2
1
Wastewater lagoons and sprayfields*
3
3
3
3
3
3
3
3
3
3
3
WHOLESALE TRADE – STORAGE
Agricultural chemical sales/storage
1
1
Mini-storage*†
3
2
1
3
3
2
1
1
Storage facilities: bulk* (see also agriculturally related industry)
2
3
1
1
Storage facilities: Commercial*
2
3
2
Vehicle storage*
2
2
2
Warehouse*
3
2
1
1
Wholesale trade*
2
2
2
1
1
Notes:
* References to a definition in Section 19.01.070
† Refers to a special use and standard in Section 19.18
(1) The type of review of towers and associated structures varies depending on height, diameter and other factors listed in Section 19.18.490.
(2) Allowed as an accessory uses to an existing detached, single-family residence.
(3) Seasonal-duration temporary worker housing, located on a rural worksite, is limited to review only for height, setback and access requirements under RCW 70.114A.050.
(4) In the Agricultural district, boarding/lodging houses and overnight lodging facilities are allowed only where accessory to an agricultural tourist operation.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 8-2015 § 2 (Exh. 4) (part), 2015; Res. 80-2016 (Exh. A) (part), 2016; Ord. 4-2016 § 2 (Exh. 1), 2016; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017; Ord. 6-2018 §§ 2(F)(ii), (G)(i)(1), (2) (Exhs. 5, 6(1), (2)(c)), 2018; Ord. 9-2019 (Exh. 5), 2019; Ord. 5-2020 § 2(F) (Exh. 6), 2020; Ord. 2-2022 § 3 (Exh. 1), 2022; Ord. 4-2022 (Exh. 1), 2022; Ord. 5-2023 (Exhs. 1, 2), 2023; Ord. 6-2023 (Exhs. 1(2), 2), 2023; Ord. 4-2024 (Exh. 1), 2024)

§ 19.17.010 Legislative Intent.

Overlay districts are established to coordinate the provisions established in this Title with the goals, policies and standards adopted in other plans and ordinances. They are intended to provide flexibility for master planned developments and to provide protection for state and federal system airports and for the Yakima River Greenway.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015)

§ 19.17.020 Applicability of Overlay Development Standards.

(1) 
Applicability. This Chapter shall apply when all or a portion of a development, or modification thereto, is proposed within the boundaries of an overlay district and when changes to the area of an overlay district is proposed.
(2) 
Special Development Standards for the Overlay Districts. This Chapter specifies certain standards that under special circumstances may apply to, or be required for approval of, a proposed development or modifications to development. The adopted plans, programs and regulations listed below shall be implemented, as applicable, for a use proposed within the indicated overlay district.
OVERLAY DISTRICT
PLANS, PROGRAMS, REGULATIONS
Airport Safety Overlay
Yakima Air Terminal at McAllister Field Master Plan and comprehensive plans.
Master Planned Development Overlay
The particular Master Development Plan adopted when the MPDO was established, or as subsequently amended.
Greenway Overlay
Yakima Greenway Foundation Master Plan Update 1995, or subsequent revisions, as adopted by the Board of Yakima County Commissioners.
(3) 
Project Review in Greenway and Master Planned Development Overlay Districts. To assure the appropriate standards are applied, the following uses, when located within the Greenway Overlay District or the Master Planned Development Overlay District, unless otherwise specified, shall be reviewed as provided below. Provided that uses within the Master Planned Development Overlay District that are approved in a Master Development Plan shall be reviewed subject to Type 1 review.
(a) 
All Type 1 (permitted) uses shall be subject to Type 2 review.
(b) 
All Type 2 (administrative) uses shall be subject to Type 2 review.
(c) 
All Type 3 (conditional) uses shall be subject to Type 3 review.
(4) 
Decision Authority. A Reviewing Official may approve, condition, or deny approval of any use, development, or modification thereto, in an overlay based on the provisions set forth and adopted by this Chapter.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015)

§ 19.17.030 Airport Safety Overlay District (ASO).

(1) 
Legislative Intent. The Airport Safety Overlay is intended to protect the airspace around State and Federal system airports from airspace obstructions or hazards and incompatible land uses in proximity to The Yakima Air Terminal at McAllister Field and the Sunnyside Municipal Airport or other public airports within defined airspace per Federal Aviation Regulations (FAR), Part 77. In addition to regulations of the principal use district, the Airport Safety Overlay includes provisions for:
(a) 
Preserving land adjacent to the airport for future commercial and industrial development; and
(b) 
Assuring land uses locating near the airport are compatible with noise, height obstruction and other impacts from the airport operation.
(2) 
Application of Airport Safety Overlay Provisions.
(a) 
Applicability. All zoning districts regulated under this Title lying within the Airport Safety Overlay are subject to the requirements of this overlay, except as may be otherwise stated.
(b) 
Definition. The Airport Safety Overlay contains those spaces lying over and under the areas defined by Federal Aviation Regulations (FAR), Part 77 as imaginary surfaces and the Runway Protection Zone(s) as illustrated on the Airport Layout Plan (ALP) and zoning map, and comprised of two parts.
(i) 
Primary Airport Safety Overlay.
The primary Airport Safety Overlay area addresses land use compatibility with airport operations and structure height. Located in an area bounded by the limits of the runway protection zone and the Federal Aviation Administration (FAA) defined approach and transitional surfaces within the conical surface area; and
(ii) 
Secondary Airport Safety Overlay.
The secondary Airport Safety Overlay principally addresses structure height, particularly where a structure may constitute an incompatible land use under this Title. It is bounded by the exterior of the conical surface and the approach, and transitional approach surfaces extending beyond the conical surface.
(3) 
Permitted Uses.
(a) 
Height Limit. The uses listed in the Allowable Land Use Table 19.14-1 in Chapter 19.14 as Permitted Uses shall be subject to the height restrictions in Subsection 19.17.030(6) or Chapters 19.11 through 19.13, whichever is more restrictive. No separate application for a Permitted Use in the Airport Safety Overlay is required, provided the Reviewing Official can determine that the proposed structure or use:
(i) 
Does not constitute a potentially incompatible land use;
(ii) 
Will not exceed 35 feet in height; or, if greater than 35 feet in height, will not penetrate the approach, transitional, horizontal, or conical surface zones of the airport for any existing or planned approaches as defined by FAR, Part 77; and
(iii) 
Is not within a designated runway protection area or an identified future 65 Day Night Average Sound Level (DNL) aircraft noise impacted area within the airport master plan or the FAA approved airport layout plan. Such structures and uses shall be subject to the limitation of Subsection 19.17.030(6) and to recording an avigation easement.
(b) 
Potentially Incompatible Land Uses. Type 1 Permitted Uses shall be subject to Type 2 application and review procedures under Subsection 19.17.030(5) Application Requirements where the use is a potentially incompatible land use, as defined in Section 19.01.070, or where the Reviewing Official cannot make a determination as required in Subsection 19.17.030(3)(a) above.
(4) 
Administrative and Conditional Uses.
(a) 
The Administrative and Conditional Uses are subject to:
(i) 
The height restrictions in Subsection 19.17.030(6) and in Chapters 19.11 through 19.13, whichever are the more restrictive;
(ii) 
The provision of Chapters 19.11 through 19.13 and any other review criteria for the use required by the underlying zoning district; and
(iii) 
A determination that the use is not incompatible with the airport or can be appropriately conditioned to mitigate airport safety concerns such as noise impacts.
(b) 
Where an airspace hazard has been determined to exist by the Reviewing Official, the FAA determination on obstructions and hazards to air navigation shall be balanced with special consideration for unique characteristics of local terrain, reporting points for pilots using Visual Flight Rules (VFR), airport operations, and development patterns.
(5) 
Application Requirements.
(a) 
Applications for uses within the Airport Safety Overlay established by this Chapter, when required, shall include the following information:
(i) 
Property boundary lines as they relate to the boundaries of the primary and secondary Airport Safety Overlay;
(ii) 
Location, elevation and height of all existing and proposed buildings, structures, utility lines, and trees taller than 35 feet in height;
(iii) 
A description of the proposed use; and
(iv) 
A statement of compatibility from the airport manager when the use is located within the Airport Safety Overlay relative to the impact of the use on airport operations and safety.
(b) 
In consideration of an application for a building, structure, or other use that will exceed 35 feet in height, the Reviewing Official may require the applicant to submit either of the following:
(i) 
A certificate from a registered professional engineer or a licensed land surveyor that states that no airspace obstruction will result from the proposed use, or
(ii) 
Either or both of the following:
(A) 
The maximum elevations of proposed structures based on the established airport elevation and U.S. Geological Survey (USGS) datum. Elevations shall be determined by a registered professional engineer or a licensed land surveyor, accurate to plus or minus one foot shown as mean sea level elevation or other available survey data. The accuracy of all elevations shall be certified by the engineer and surveyor; and/or
(B) 
A map of topographic contours with not more than five foot intervals, showing all land within 100 feet of the proposed structure(s) for which the permit is being sought. This map shall also bear the verification of a licensed land surveyor or registered professional engineer.
(6) 
Height Limitations and Additional Requirements.
(a) 
A building, structure, communication tower, use or tree that penetrates the FAA designated imaginary surfaces constitutes an obstruction within the Airport Safety Overlay. Therefore, the allowable height of any building, structure, communication tower, use or tree with the Airport Safety Overlay shall conform to the following:
(i) 
No building, structure, communication tower, use or tree at its proposed location shall penetrate any FAR; Part 77 designated imaginary surfaces of an airport;
(ii) 
Structures may penetrate the imaginary surfaces when the Reviewing Official, in consultation with Washington State Department of Transportation (WSDOT) Aviation Division or the airport manager, can determine the structure is not likely to constitute an airspace hazard;
(iii) 
The Reviewing Official may require lights or markers as a warning to aircraft on the building, structure, communication tower, use or tree(s), or to top the tree to reduce the height when recommended by the FAA, WSDOT Aviation Division or the airport manager. Lights and markers shall meet FAA specifications; and
(iv) 
Notwithstanding any other provision of this Title, the Reviewing Official shall not approve any buildings, structures, communication tower, use or tree when the FAA has designated it a hazard to air navigation.
(b) 
Whenever the height limitation of this Section differs from those of any other Section of this Title, or is adopted by another local ordinance or regulation, the more restrictive limitation shall apply.
(c) 
No use or activity shall take place within the Airport Safety Overlay in such a manner as to: make it difficult for pilots to distinguish between airport lights and others; create electrical interference with navigational signals or radio communication between the airport and aircraft; result in glare in the eyes of pilots using the airport; impair visibility in the vicinity of the airport; create bird-strike hazards; or otherwise create a hazard that may endanger the landing, takeoff, or maneuvering of aircraft to use the airport.
(d) 
The regulations prescribed by this Chapter shall not be construed to require a property owner to remove, lower, or make changes or alterations to any structure that legally existed prior to the effective date of this Chapter, except as compelled by state or federal regulation. However, such structures shall be considered nonconforming if such structure is in conflict with these regulations.
(e) 
An avigation easement and deed declaration that recognizes the preexistence of the airport and the right of over flight shall be recorded for all uses within the approach and transitional surfaces of the conical surface area.
(7) 
New Airports, Heliports and Landing Fields. Section 19.18.040 contains special provisions for new airports, heliports and landing fields.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015)

§ 19.17.040 Master Planned Development Overlay District (MPDO).

(1) 
Legislative Intent. The Master Planned Development Overlay is intended to allow larger scale, mixed-use developments in selected areas within Urban Growth Areas where certain development requirements may be modified to promote an integrated approach to planning and site design. The County finds that such developments require special review and conditioning to ensure adjacent areas are preserved and protected. An MPDO is specifically intended to accomplish the following:
(a) 
Regulatory Flexibility and Incentives. A Master Planned Development Overlay is a comprehensive development plan intended to provide flexibility in design and building placement, promote attractive and efficient environments that incorporate a variety of uses, densities and/or dwelling types, provide for economy of shared services and facilities, and economically utilize the land, resources and amenities. A Master Planned Development Overlay is intended to create regulatory incentives and standards that:
(i) 
Allow flexibility in development standards, densities and permitted uses while ensuring compatibility with neighboring uses. Facilitate the efficient use of land and provide for a comprehensive review of integrated development projects;
(ii) 
Increase economic feasibility by fostering efficient arrangement of land use, buildings, transportation systems, open space and utilities;
(iii) 
Provide certainty regarding the character, timing and conditions for planned residential, commercial, industrial and mixed use development within an identified geographic area and vest such projects through a public review process;
(iv) 
Provide needed services and facilities in an orderly, fiscally responsible manner;
(v) 
Promote economic development;
(vi) 
Create vibrant mixed-use neighborhoods, with a balance of housing, employment, commercial and recreational opportunities; and
(vii) 
Promote consistency with the goals, policies and objectives of the Comprehensive Plans.
(b) 
Accommodate Large Developments. A Master Planned Development may take the form of a residential, commercial, industrial or mixed-use development. Each is intended to accommodate and facilitate larger scale development designed to accomplish integrated and flexible site planning. Residential, Commercial and Industrial Master Planned Developments shall be allowed in zoning districts consistent with the primary use of the respective Master Planned Development (e.g., residential Plan Development in residential zones). A Master Planned Development mixed use shall be permitted in any zoning district subject to specific findings that the site and master concept plan are compatible with existing adjacent land uses.
(c) 
Innovation. Applicants for Master Planned Development will be encouraged to utilize unique and innovative facilities that encourage the efficient and economical use of the land; promote a sound system for traffic and pedestrian circulation; promote open space and use of natural and/or developed amenities; and provide an architecturally attractive, durable and energy efficient development. The intent of the MPDO is to permit development that typically cannot be accomplished through another land use approval, such as a subdivision.
(d) 
Zoning District Reversion. A MPDO, approved in accordance with the procedures of this chapter, shall be considered a zoning district overlay. MPDOs may specifically permit proposed uses and developments which can be shown to be in conformance with the policies of the comprehensive plan and the uses allowed in the base zone. Approval of a MPDO may modify and supersede regulations of the underlying zoning district. If an approved MPDO ceases to exist for whatever reason, the area covered by such MPDO shall revert to its previous zoning district classification without the MPDO overlay.
(2) 
Types of Master Planned Development Overlays – Permitted Uses.
(a) 
Types. The following four types of Master Planned Development Overlays are authorized within the Urban Growth Area:
(i) 
Master Planned Development – Residential. A residential Master Planned Development is designed to provide a type or mixture of residential dwellings (single-family, two-family, or multiple-family) with attendant streets, utilities, public facilities and appurtenant common open space and recreational facilities or other areas or facilities. A residential Master Planned Development is authorized in any residential zone (Suburban Residential, Single Family Residential, Two Family Residential and Multi-Family Residential) and Professional Business (B-1) and Local Business (B-2) zones. The residential Master Planned Development may include incidental or supporting uses and facilities consistent with the densities and primary use of the site for residential dwelling units;
(ii) 
Master Planned Development – Commercial. A commercial Master Planned Development is designed for the integrated site planning of commercial, retail, office or mixed commercial use (commercial, office and retail) developments. The commercial Master Planned Development shall provide commercial services and facilities, and may include any incidental and/or supportive land uses. A commercial Master Planned Development is authorized in any commercial or business district (i.e., B-1, B-2, SCC, LCC, GC), and Light Industrial (M-1) district as identified in Chapter 19.13;
(iii) 
Master Planned Development – Industrial. An industrial Master Planned Development is designed to allow for the innovative site planning of industrial land uses and facilities, industrial parks and business parks. The industrial Master Planned Development shall be allowed in Light Industrial (M-1) and Heavy Industrial (M-2) zoning districts as designated in Chapter 19.13; and
(iv) 
Master Planned Development – Mixed Use.
(A) 
The intent of the Mixed Use Master Planned Development is to encourage the innovative mixture of residential, office, commercial, retail, and certain light manufacturing uses. Uses may be combined in single structures or buildings or may be designed with other uses as designated in the Allowable Land Use Table 19.14-1 in Chapter 19.14; and
(B) 
A mixed use Master Planned Development is intended to accommodate larger scale residential, commercial, retail, office and/or recreational uses. Mixed use development will include innovative planning techniques; a mixture and variety of land uses; integrated planning of site improvements and structures; and site planning that increases the economic feasibility and efficient use of land. A mixed use Master Planned Development is authorized in any zoning district, except Heavy Industrial (M-2).
(b) 
Master Planned Developments – Permitted Uses. The following uses are permitted in Master Planned Developments upon approval of a Master Development Plan:
(i) 
Residential Master Planned Developments.
(A) 
One-family, two-family and multifamily residences;
(B) 
Recreational and amusement facilities that serve the Master Planned Development and general public including, but not limited to, golf courses, clubhouses, restaurants, driving ranges, tennis courts, swimming pools, parks, community centers and playgrounds;
(C) 
Schools, libraries, museums, and art galleries;
(D) 
Public services and facilities including police and fire stations;
(E) 
Manufactured home park and subdivision, provided that Sections 19.18.280 and 19.34.080 shall be met as a condition of approval of the Master Planned Development; and
(F) 
Any other uses authorized in the underlying zone are under Type 1, 2 or 3 Review and are in this Title.
(ii) 
Commercial and Industrial Master Planned Developments.
(A) 
Uses are permitted under those uses allowed within the underlying zoning district as identified in Chapters 19.11 through 19.13; and
(B) 
Such other uses consistent with the Comprehensive Plans and Future Land Use Map or are of a similar type and intensity as those uses allowed in the Allowable Land Use Table 19.14-1 in Chapter 19.14.
(iii) 
Mixed Use Master Planned Development. Any residential, retail, commercial, office, public, light industrial and/or recreational use may be permitted in a mixed use Master Planned Development, provided such uses are designed in harmony with the overall site plan and do not adversely impact adjoining properties and development. Uses may include a combination of residential, commercial, retail, service and recreational uses developed in an innovative manner. This overlay is intended to provide flexibility in design, concept and usage in order to respond to and meet the needs of the community and marketplace.
(c) 
Additional Uses Allowed in Residential and Commercial MPDOs. Unless otherwise restricted by this Title, the Hearing Examiner is authorized to recommend additional uses within a Master Planned Development, provided such uses are an integrated component of the development and not detrimental to surrounding land uses. Authorization of additional uses shall consider the following factors:
(i) 
Factors to Consider in Residential MPDOs.
(A) 
Any non-residential uses proposed in a Master Planned Development – Residential shall be primarily designed and intended for the residents within the proposed development and planned as an integral part of such Master Planned Development; and
(B) 
Non-residential uses within a Master Planned Development – Residential are limited to those uses allowed as Permitted or Administrative uses in Professional Business (B-1) and Local Business (B-2), as listed in the Allowable Land Use Table 19.14-1 in Chapter 19.14 of this Title. Such non-residential uses will be limited to only ten percent of the land in the Master Planned Development, except recreational facilities or as otherwise provided in this Title. No commercial or other intensive non-residential use may be closer to the boundary of any adjacent residential district than is permitted for the same use by the underlying zoning.
(ii) 
Factors to Consider in Commercial MPDOs. Residential uses within a Master Planned Development – Commercial or Industrial shall be secondary to the primary commercial and industrial use as designed to be consistent with integrated site planning.
(3) 
Minimum Project Size. The minimum project size for a Master Planned Development shall be five acres. All properties in the Master Development Plan shall be contiguous, with logical outer boundaries.
(4) 
Project Densities. Approval of a density (higher or lower) for an MPDO that differs from that specified for the underlying zoning in this Title is allowed if the design of the MPDO will offer public benefits not otherwise achievable under the current zoning standards, and if it is demonstrated that the MPDO with an adjusted density will not result in inconvenience or unsafe access to the MPDO, traffic congestion in the private or public streets which adjoin the MPDO or excessive burden on parks, recreation areas, schools and other public facilities which serve or are proposed to serve the MPDO. Adjustments to density (higher or lower) can only be approved if an area-wide public water and regional public sewer are available to the site. Densities of the underlying zoning district will apply if they aren't adjusted through the Master Development Plan.
(5) 
Public Benefit Demonstration.
A. 
Common open space requirements. In residential MPDOs there shall be a minimum of ten (10) percent of the total area of the MPDO dedicated or reserved as usable common open space land consisting of land that is not otherwise protected from development such as critical areas. Common open space in a MPDO shall meet the following requirements:
1. 
The location, shape, size and character of the open space must be suitable for the MPDO and consistent with the purposes of this chapter as set forth in Section 19.17.040(1);
2. 
Common open space must be used for amenity or recreational purposes. The uses authorized for the common open space must be appropriate to the scale and character of the MPDO, considering its size, density, expected population, topography and number and type of dwelling units to be provided;
3. 
Common open space must be suitably improved for its intended use, but common open space containing natural features may be left unimproved. The buildings, structures and improvements are permitted in the common open space as long as they conserve and enhance the amenities of the common open space in regard to its topography and unimproved conditions. No dwelling units, as defined in 19.01.070(4), shall be allowed in the required open space.
B. 
The development time table, which is part of the final development plan, must coordinate improvement of common open space, construction of buildings, structures and improvements in the common open space and the construction of residential dwellings in the MPDO.
C. 
The development shall demonstrate that it will meet a community need or provide improvements or project features that exceed the requirements of the other chapters of this title, the other titles of the county code, and the county design and construction standards. A development shall provide demonstrable public benefits, including at least two of the following:
1. 
Project includes senior or special needs housing, of at least 20 percent of total units, guaranteed to be dedicated to such use for a period of not less than 50 years through a deed restriction or other form acceptable to Yakima County.
2. 
Project provides two or more housing types that create greater housing variety and affordability that are not found or rare in the community.
3. 
Project involves the voluntary undergrounding of existing above ground utilities where such undergrounding would not otherwise be required.
4. 
The project creates a park or trail system improvement not otherwise required by county development regulations that is consistent with the goals and objectives of an adopted Yakima County Trails Plan, Yakima Greenway plan, or any other applicable plans.
5. 
The project design demonstrates a superior level of protection and/or enhancement for elements of the environment, including: air quality, water quality, natural topography, native vegetation, etc. For purposes of this category, superior level of protection and/or enhancement includes incorporation of additional protections and/or restoration projects that enhance protection of or restore critical functions and values of the environmental element.
6. 
Project design includes nonmotorized transportation features and amenities not otherwise required by the county code.
7. 
Project improves the public street(s) adjacent to the project site using a complete streets design to provide accommodation for pedestrians, bicyclists, transit riders, and person of all abilities, where such improvements are not otherwise required by county development regulations.
8. 
The development provides public art and cultural amenities that reinforces the community's identity and character, and has a long-term maintenance plan and agreement acceptable to the County.
9. 
Project demonstrates a high degree of innovation by providing one or more design features not listed elsewhere in this rating instrument or otherwise required by county development regulations that promote(s) sustainability, energy/water conservation or efficiency, community cohesion, neighborhood safety, adaptive reuse of existing development, or enhanced transportation circulation/mobility.
(6) 
Application. Applications for Master Planned Development Overlay – The Master Planned Development Overlay zone shall be established only with a Master Development Plan that sets forth the parameters for development of the property, including a Site Plan and Development Agreement. An application for a Master Planned Development may be submitted as a concept plan or consolidated with site specific proposals (e.g., preliminary plat, use applications, etc.) as provided in Chapter 19.30.060(12). The proposed master plan shall be for property under single ownership, or if in multiple ownerships, the master plan application shall be signed by each owner of the property within the master plan and all owners shall be bound by conditions of approval, including use, design and layout and development standards established through the hearing process. All properties in the master concept plan shall be contiguous with logical outer boundaries within in the Urban Growth Area (UGA).
(7) 
Review Process.
(a) 
Pre-Application Conference. A Master Planned Development site plan shall be subject to a pre-application conference prior to formal submittal. The preliminary site plan shall be submitted to the Administrative Official, which shall include the material outlined for a master concept plan as set forth in Subsection 19.30.060(12)(b). The Administrative Official shall coordinate with the appropriate departments and provide recommendations to the applicant regarding site planning; use and concept design; street and utility layout; design and location; development standards and other matters pertinent to the application and review criteria.
(b) 
Application. The Master Planned Development Overlay application shall be reviewed using the minor rezone procedures described in Section 19.36.030 (Minor Rezone – Map Amendment), except the criteria of Subsection 19.17.040(7)(d) shall be used instead of the minor rezone decision criteria of 19.36.030(5). The binding site plan process is not available for MPDO applications. Upon filing of a complete Master Plan application and completion of the required environmental review process, the Planning Division shall forward the application, together with its recommendation, to the Hearing Examiner to conduct a public hearing and review in conformity with this Title and YCC Title 16B.
(c) 
Public Hearing and Recommendation. A Master Plan Development application shall be reviewed in an open record public hearing before the Hearing Examiner. Hearings shall be as prescribed in YCC Title 16B. The Hearing Examiner shall apply the Master Plan Development review criteria set forth herein and issue a written recommendation to the Board to approve, approve with conditions or deny the proposed Master Planned Development. The Hearing Examiner may add recommended conditions as necessary to protect the general public interest, health, safety, comfort and welfare from potential impacts, nuisances, hazards, or offensive conditions. The recommendation shall include findings, conclusions and conditions based on evidence and testimony in the open record public hearing.
(d) 
Master Plan Development – Review Criteria. The Hearing Examiner shall evaluate a Master Planned Development application and other evidence submitted into the record, and shall issue such recommendation based upon the following considerations and criteria:
(i) 
The master plan development application demonstrates the economic and efficient use of land and provides for an integrated and consistent development plan for the site;
(ii) 
The applicant has identified development standards and uses that are consistent with the master plan and designed to be compatible with adjacent land uses after consideration of applicable mitigation and site design. The Hearing Examiner may consider development standards that are different from currently adopted development standards to provide flexibility in site planning; to implement project design and concepts; to respond to market conditions; or to otherwise achieve the public benefits contemplated by the concept plan;
(iii) 
Consideration shall be given to "low impact development" concepts;
(iv) 
There will be adequate infrastructure capacity available by the time each phase of development is completed;
(v) 
The Master Planned Development contains design, landscaping, parking/traffic management, and use mixture and location that limit or mitigate conflicts between the Master Planned Development and adjacent uses. Consideration shall be given to site planning that supports land use flexibility through means of appropriate setbacks, landscaping, site screening, buffers and other design features or techniques;
(vi) 
All potential significant off-site impacts including noise, shading, glare and traffic have been identified and mitigation incorporated to the extent reasonable and practical;
(vii) 
The project is designed and includes appropriate consideration of open spaces and transportation corridors, designs of street and public open space amenities, and results in the functional and visual appearance of one integrated project;
(viii) 
The proposed development is not adverse to the public health, safety or welfare;
(ix) 
The public benefits of approving the Master Planned Development outweigh the effect of modification of standards to the underlying zoning district; and
(x) 
The proposed development is designed to be consistent with the Shoreline Master Program and Critical Areas Ordinance.
(e) 
Board of Yakima County Commissioners. Following receipt of the Hearing Examiner's recommendation, the Board shall schedule a closed record hearing for consideration of the Hearing Examiner's recommendation on the Master Planned Development Overlay application as provided in this Title and YCC Title 16B.09.
(f) 
Appeals. See YCC § 16B.09.060 for judicial appeals.
(g) 
Phased Development. The Master Planned Development Overlay application may include two or more phases of development provided that:
(i) 
The development plan identifies phases of the project in sufficient detail to evaluate timing and coordination of phased development;
(ii) 
The proposed timing or sequencing of development, recognizing that phasing may require flexibility responsive to market demands;
(iii) 
Each phase will be subject to development standards identified, adopted and vested in the review process; and
(iv) 
Each phase of a proposed master plan shall contain adequate infrastructure, landscaping and all other conditions in order to allow the phase to stand alone if no other subsequent phases are developed.
(h) 
Master Planned Development Overlay – Development Agreement. An approved Master Planned Development Overlay (including conditions and development standards) shall be incorporated into a development agreement as authorized by RCW 36.70B.170. The development agreement shall provide for vesting of such development conditions and standards as deemed reasonable and necessary to accomplish the goals of the Master Planned Development for the duration specified in the agreement, not to exceed ten years. This agreement shall be binding on all property owners within the Master Planned Development and their successors and shall require development of the subject property be consistent with and implement the provisions of the approved Master Planned Development. The approved development agreement shall be signed by the majority of the Board and all property owners and lien holders within the boundaries of the Master Planned Development Overlay and recorded prior to approval and/or issue of any implementing plats or permits.
(i) 
Implementing Permits and Approvals.
(i) 
Implementing Applications. Any development applications submitted for property within an approved Master Planned Development Overlay shall be reviewed for consistency with and implement the Master Planned Development plan. Any subsequent application shall be reviewed and approved under the conditions and standards adopted in the Master Planned Development Overlay.
(ii) 
Planned Action – Environmental Review. An applicant may submit a Master Planned Development concept plan as a planned action under WAC 197-11-164. Any project review under the authorized planned action shall include:
(A) 
Verification that the project meets the description, and will implement any conditions or mitigation measures identified in the Master Planned Development approval and ordinance or resolution; and
(B) 
Verification that the probable significant adverse environmental impacts of the project have been addressed in environmental review in the master plan review processes.
If the implementing project meets the above requirements, the Administrative Official may deem the project to qualify as the planned action designated in the master plan approval and a project threshold determination or EIS shall not be required. [WAC 197-11-172(2)]. The County may place conditions on the project to address significant impacts that were not fully addressed through the planned action process. Public notice for projects that qualify as planned actions shall be tied to the underlying permit.
(8) 
Modification of an Approved Mater Planned Development Overlay. Proposed modifications to an existing Master Planned Development Overlay shall adhere to 19.35.055.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 9-2019 (Exh. 4) (part), 2019)

§ 19.17.050 Greenway Overlay District (GO).

(1) 
Legislative Intent. The Board of Yakima County Commissioners adopted the Master Plan for the Yakima River Regional Greenway in 1976 to preserve and maintain the Yakima River as a natural resource for all citizens to enjoy. The Greenway boundaries were originally defined in 1977 by the state legislature with the creation of the Washington State Yakima River Conservation Area (RCW 79A.05.750 et seq.).
The Greenway corridor is classified by the Greenway Master Plan into natural, conservation and recreation areas. Each Greenway corridor area may contain various facilities developed by the Greenway Foundation, such as pathways, recreational sites, boat landings, park, playgrounds, campgrounds and group camps. Many of the Greenway facilities, such as trails, have been constructed on the top of existing dikes and levees. The Greenway provides access for levee maintenance and repair and to be responsible for damage to trails caused by flooding.
In addition to the principal use district, the purpose of the Greenway Overlay is to:
(a) 
Make the Greenway accessible to the public;
(b) 
Assure development conserves shoreline vegetation and controls erosion;
(c) 
Implement the Yakima County Regional Shoreline Management Master Program and the Yakima River Regional Greenway Plan;
(d) 
Limit development to activities dependent on a location in the Greenway;
(e) 
Preserve and protect the fragile natural resources and culturally significant features along the Greenway;
(f) 
Increase public access to publicly-owned areas of the Greenway where increased use is desirable;
(g) 
Protect public and private properties from the adverse effects of improper development in hazardous shoreline areas; and
(h) 
Give preferences to uses creating long-term over short-term benefits.
(2) 
Applicability. The Greenway Overlay District is designated by legislative action by the Board of County Commissioners and applies as an additional set of considerations in review of project permit applications under this Title. Changes to the boundaries of this district will be considered at the request of the Yakima Greenway Foundation.
(3) 
Design Standards. All development in the Greenway Overlay shall conform to the requirements and standards of the underlying zoning district. Where consistent with this Title and Shoreline Master Program, the Reviewing Official may use the Greenway design guidelines for the review and conditioning of project permits under Chapter 19.30 to implement the Overlay District.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015)

§ 19.18.010 Legislative Intent.

This Chapter is intended to specify certain standards which, under special circumstances may apply to, or be required for approval of, a proposed development or modifications to development.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.020 Accessory Buildings and Uses.

Accessory uses are customarily incidental and subordinate to the principal use of a structure or site. Therefore, new accessory uses may only be permitted when a principal use has been established. They must be: clearly secondary to, supportive of, and compatible with the principal use(s); consistent with the purpose of the zoning district; and comply with this Title. The land use category of an accessory use shall be the same as that of the principal use(s) as listed in Table 19.14-1, unless otherwise specified.
(1) 
Accessory Housing.
(a) 
Legislative Intent. The term "accessory housing units" as used in this section includes "accessory dwelling units" (ADUs) and "caretaker dwellings" as defined under YCC § 19.01.070. Accessory housing that conforms to the standards in this Section shall not be counted toward the allowable density for the lot upon which it is located and shall be considered a residential use consistent with the comprehensive plan and zoning designation for the lot. The purpose of the accessory housing provisions is to:
(i) 
Provide property owners with an opportunity for extra income, companionship and security;
(ii) 
Better utilize existing infrastructure and community resources (sewer, water, roads, etc.);
(iii) 
Provide a housing type that allows flexibility to respond to changing needs and lifestyles;
(iv) 
Add to and diversify the supply of affordable housing;
(v) 
Protect neighborhood character and stability by ensuring accessory housing units are compatible with surrounding land uses;
(vi) 
Provide the opportunity for relatively independent living for the elderly or disabled with support from neighboring family or other care-giver, with a preference for attached or detached accessory dwelling units; and
(vii) 
Accommodate caretaker dwellings, as defined in 19.01.070 in commercial, industrial, and mining zones.
(b) 
General Requirements.
(i) 
Off-street parking shall be provided as required in Chapter 19.22.
(ii) 
The accessory housing unit shall meet current standards of the residential, building, mechanical, electrical, and energy codes as required for single-family dwellings.
(iii) 
The accessory housing unit shall have the same building setbacks as the primary structure.
(iv) 
A lot shall contain only one accessory housing unit.
(c) 
Additional Standards for Accessory Dwelling Units. An accessory dwelling unit (ADU) is a permitted use, secondary to the primary use of a detached single-family dwelling, subject to all of the following conditions:
(i) 
ADUs shall not be allowed on parcels containing a duplex, multi-family dwelling, or a commercial or industrial structure/use.
(ii) 
The ADU and the primary residence shall share a common driveway unless the two units are allowed to access different roads.
(iii) 
A home business may be allowed, subject to Section 19.18.240, in either the ADU or the primary residence, but not both.
(iv) 
Size: The ADU's floor area shall be smaller than the primary residence.
(v) 
Compatibility:
(A) 
Where authorized by the Allowable Land Use Table 19.14-1 in Chapter 19.14 ADUs may be attached to or detached from the primary residence or other permitted structure.
(B) 
Potable water: The ADU and the primary residence shall both connect to a public water system as defined in Section 19.01.070, and shall meet Yakima Health District requirements.
(C) 
Sanitary disposal system: within an Urban Growth Area, the primary residence and the ADU shall both be connected to a public sewer system as defined in Section 19.01.070 and required in YCC § 19.25-2 for two connections. Outside of the UGA, the requirements of YCC § 19.25-2 for two connections shall apply. All sanitary disposal systems must meet Yakima Health District requirements.
(vi) 
Elimination. The Reviewing Official retains the right with reasonable notice to withdraw occupancy approval if any of the requirements under Subsections (1)(b) and (c) of this Section are violated. If the County withdraws occupancy, the property owner may:
(A) 
If attached, merge the existing ADU to the primary residence; or
(B) 
If detached, use the building for an approved use only or remove the structure from the premises.
(d) 
Additional Standards for Caretaker Dwellings. One caretaker dwelling for the occupancy of guards, watchmen, or property caretakers is permitted as an accessory use in the SCC, LCC, GC, M-l, M-2, and MIN zoning districts. A caretaker dwelling is also permitted in the B-1, B-2, and HTC districts when the dwelling is located within the structure used for the principal use. No other dwelling unit(s) shall be allowed on the same parcel.
(2) 
Accessory Residential Kitchens. Establishment of an accessory residential kitchen, as defined in Section 19.01.070, within or accessory to single-family residences shall be subject to the following:
(a) 
The accessory kitchen shall share the same water supply as the associated primary residential kitchen in the dwelling or on the same lot.
(b) 
A covenant shall be recorded in a form acceptable to the County stipulating the accessory residential kitchen is for incidental use associated with the primary single-family residence, and not for use as an additional dwelling unit on the property.
(c) 
Use of the accessory residential kitchen for any commercial purpose must be in compliance with the home business requirements of this Title and all applicable local and state regulations.
(3) 
Agricultural Buildings. Agricultural buildings shall not be used for human habitation, or a place of employment where agricultural products are processed, treated or packaged, nor shall it be a place used by the public.
(4) 
Cargo Containers and Semi-truck Trailers (wheels and axels removed*) used as Storage Units.
(*Note: Semi-truck trailers must have their wheels and axels removed in order to be eligible for use as accessory storage. This is a requirement under YCC Title 13 (Yakima County Building Code) in order to receive a building permit.)
(a) 
Storage During Construction. Cargo containers and semi-truck trailers are allowed, subject to permits required by YCC § 13, as temporary accessory uses for storage in unlimited numbers in all zoning districts during the time when a building permit allows construction activity to take place on the property.
(b) 
Permanent Storage. Cargo containers and semi-truck trailers are allowed as permanent accessory uses for the storage of items owned by the property owner, the on-site business, or the property's renter. Such accessory uses are subject to permits required by YCC § 13, must meet all the limitations in Table 19.18-1, and require land use review in accordance with YCC Table 19.14-1 or YCC § 19.33, except as exempted by YCC § 19.30.030(1)(d).
Table 19.18-1. Limitations on Cargo Containers and Semi-Truck Trailers (1)
SR, R-1, R-2, R-3, RS, RT
HTC, B-1, B-2, LCC, SCC, GC
M-1, M-2, R-10/5, R/ELDP, AG, FW, MIN
Number allowed per lot
One per two acres or portion thereof (2)
One per acre or portion thereof (3)
Unlimited
Painting (4)
Required
Required
Not Required
Sitescreening and Landscaping
Accessory uses are subject to sitescreening and landscaping requirements of the primary use under Chapter 19.21.
Location
Prohibited in front yard (5)
Prohibited in front yard (5)
Permitted in front yard (5)
Notes:
(1)
(a) Containers/trailers not meeting all the limitations of Table 19.18-1 are classified as "storage facilities" on Table 19.14-1, rather than as accessory uses. (b) Containers/trailers are subject to building setbacks required by YCC § 16C, YCC § 16D, and YCC § 19.
(2)
For example: parcels 2.00 acres or less are allowed one accessory storage unit (a cargo container or a semi-truck trailer); parcels 2.01-4.00 acres are allowed two accessory storage units; parcels 4.01-6.00 acres are allowed three accessory storage units; etc.).
(3)
For example: parcels 1.00 acre or less are allowed one accessory storage unit (a cargo container or a semi-truck trailer); parcels 1.01-2.00 acres are allowed two accessory storage units; parcels 2.01-3.00 acres are allowed three accessory storage units; etc.).
(4)
If required by Table 19.18-1, accessory cargo containers or semi-truck trailers must be fully painted so as to remove all original markings, labels or logos. All signage retained or placed on the cargo container or semi-truck trailer must meet the sign requirements under Chapter 19.20.
(5)
In addition, all refrigerated cargo containers or semi-truck trailers located outside of a designated loading dock or loading bay shall be outside of and greater than 500 feet from SR, R-1, R-2, and R-3 zoning districts.
(5) 
Garages.
(a) 
Outside Urban Growth Areas, RS and RT zoning districts, one freestanding garage or storage structure up to 600 square feet may be constructed without a dwelling on the same lot. Any commercial or residential use of the structure is limited to that allowed by the zoning district.
(b) 
Private garages greater than 600 square feet are permitted as an accessory use provided that in residential districts they are primarily used to store motor vehicles by the occupants of the residence. Private garages in all other zoning districts must be accessory to a lawful building or structure allowed within the zoning district. Where single-family residential uses are permitted outright, one freestanding garage may be constructed in advance of constructing the intended principal residence; provided, that:
(i) 
Building permits have been issued and are current for both the principal residence and the accessory garage;
(ii) 
The garage structure contains no habitable floors, except for accessory dwelling units;
(iii) 
The garage is used only by the property owner, not leased to others nor used for sales;
(iv) 
Storage is limited to household items typically associated with a single residence, or household equipment and materials being actively used in constructing the principal residence; and
(v) 
The garage complies with setbacks for garage and carport entrances, listed in Section 19.10.040.
(6) 
Garden Sheds, Gazebos and Play Houses within a Side or Rear Setback. In the side or rear setbacks within the SR, R-1, R-2, R-3, RT and RS districts a maximum of one garden shed, one gazebo and one play house, meeting all of the following requirements, may be permitted as an accessory use to an existing residential use.
(a) 
The structure contains no more than 200 square feet of floor area, with overhangs that do not exceed 16 inches;
(b) 
The structure, its eaves and other such associated projections are set back a minimum of two feet from property lines and applicable street setbacks are observed;
(c) 
The floor elevation is 18 inches or less in height;
(d) 
The structure is less than 12 feet in height; and
(e) 
Roof drainage is contained on site.
(7) 
Greenhouses. A greenhouse or hothouse may be allowed as an accessory structure to a dwelling; provided, there are no sales.
(8) 
Swimming Pools. Swimming pools (including those classified as Water Recreation Facilities and regulated by the Yakima Health District under WAC 246-260 and 262) are permitted as an accessory use to: dwellings, hotel/motels, overnight lodging facilities, boarding houses, retirement homes, and other residential uses, schools, and recreational facilities when all of the following provisions are met:
(a) 
Setbacks.
(i) 
Front Yard. The swimming pool apron and pump house meet the required front yard setback.
(ii) 
Side and Rear Yard. The swimming pool and pump house are set back at least three feet from the property line. The swimming pool apron may extend up to the property line.
(iii) 
From an Easement. The swimming pool, apron, and pump house may extend up to, but shall not encroach upon, an easement.
(b) 
Fencing. The area around the pool must meet fencing requirements in YCC Title 13.
(c) 
Water Recreation Facilities. Public swimming pools (including private clubs) are also regulated as a water recreation facility by the Yakima Health District. All water recreation facilities shall:
(i) 
Comply with the rules and regulations under Chapter 246-260 WAC and/or Chapter 246-262 WAC, as now exist or are hereafter amended; and
(ii) 
Be approved and permitted by the Yakima Health District.
(9) 
Yard or Garage Sales. Yard or garage sales shall be permitted as an accessory use to a dwelling provided all of the following provisions are met:
(a) 
Only two yard or garage sales per dwelling unit, per year shall be allowed;
(b) 
Each yard or garage sale shall not exceed three days in duration.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017; Ord. 6-2018 § 2(G)(i)(3) (Exh. 6(3)), 2018; Ord. 9-2019 (Exh. 1), 2019; Ord. 6-2023 (Exhs. 1(1), 2), 2023)

§ 19.18.030 Adult Entertainment Facilities.

(1) 
Scope of Restrictions. All adult entertainment facilities and uses listed in Subsection (2)(b) and (c) of this Section shall comply with the requirements of this Section. The purpose and intent of requiring standards for adult entertainment facilities and listed uses is to mitigate the adverse secondary effects caused by such facilities and to maintain compatibility with other land uses and services permitted within the County. The standards established in this Section shall not be construed to restrict or prohibit the following activities or products: (i) plays, operas, musicals, or other dramatic works that are not obscene; (ii) classes, seminars, or lectures which are held for a serious scientific or educational purpose that are not obscene; and (iii) exhibitions, performances, expressions, or dances that are not obscene.
(2) 
Separation Requirements. Adult entertainment facilities shall be permitted as indicated in the applicable zoning district land use table only if the following separation requirements are met:
(a) 
No adult entertainment facility shall be located closer than 800 feet to any residential zoning district including, but not limited to, the R-1, R-2, R-3, SR, RT, Rural-10/5 and RS zoning districts designated in this Title. This separation requirement applies whether such residential zoning district is located within or outside the city limits of any adjacent city or zoning jurisdiction.
(b) 
No adult entertainment facility shall be located closer than 800 feet to any of the following uses or community entranceways, and no use listed in this Subsection shall be located closer than 800 feet to any adult entertainment facility, whether or not such use or entranceway is located within or outside the city limits of any adjacent city:
(i) 
Any public park;
(ii) 
Any public library;
(iii) 
Any public or private nursery school or preschool;
(iv) 
Any public or private primary or secondary school;
(v) 
Any licensed day care;
(vi) 
Any community youth center;
(vii) 
Any church or other house of worship;
(viii) 
Any multifamily residential use in the B-1, B-2, SCC, LCC, or GC zoning districts;
(ix) 
Any other adult entertainment facility;
(x) 
Any establishment selling alcoholic beverages for consumption on premises.
(xi) 
Any entranceway to the community, including rights-of-way of State highways (SR 12, SR 22, SR 24, SR 223, SR 241, SR 97, SR 821, SR 823, I-82), and the intersection of two streets nearest any entranceway or gateway to the community identified in any adopted neighborhood plan, whether such entranceway is located within or outside the city limits of any adjacent city or zoning jurisdiction.
(c) 
No adult entertainment facility shall be located closer than 400 feet to any legally established, nonconforming dwelling, whether such dwelling is located within or outside the corporate boundaries of any adjacent city or town.
(3) 
Measurement.
(a) 
The 800 foot buffer required by this Section shall be measured by extending a straight line from the nearest point on the property line of the lot containing the proposed adult entertainment facility to the nearest point on the boundary lines of the zoning districts, parcels containing uses, and the right-of-way of entranceways listed in Subsection (2) of this Section.
(b) 
The 400 foot buffer required by Subsection (2)(c) of this Section shall be measured by extending a straight line from the nearest point on the edge of the improved area of the adult entertainment facility use, such as a parking area or structure other than a sign, to the nearest part of a structure containing a single-family dwelling.
(4) 
Variance. The separation requirements of Subsection (2) of this Section may only be reduced through the provisions of Chapter 19.35.
(5) 
Signage. Signage of adult entertainment facilities shall comply with Chapter 19.20, with the following specific conditions: Each adult business use shall be allowed one on-premises sign, in addition to the entrance sign required by YCC Subsection 5.06.200(10), if applicable, 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 entertainment," "adult films"). 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.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.040 Airports, Heliports and Landing Fields.

(1) 
Personal Use. Private landing strips and heliports used for personal or restricted use may be permitted upon approval in accordance with Table 19.14-1 only in the AG, FW, Rural-10/5, R/ELDP-40, RT and Commercial and Industrial zoning districts.
(2) 
Public Use. Private landing strips and heliports used for public use may be permitted upon approval in accordance with Table 19.14-1 only in the AG, FW, Rural-10/5, and R/ELDP-40 zoning districts.
(3) 
Compatibility with Surrounding Area. All new airports, heliports, or landing fields shall be designed so the incidence of aircraft passing in the vicinity of preexisting dwellings or places of public assembly is minimized. They shall be located so air traffic shall not constitute a nuisance to neighboring uses. They shall be located so air traffic shall not generate more noise than 55 Day Night Average Sound Level (DNL), as measured at the property line and shall not be located in close proximity to incompatible land uses as defined in this Title. The proponents shall show that adequate controls or measures will be taken to minimize noise levels, vibrations, dust or bright lights, as required by Federal, State and County regulations.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.050 Agriculturally Related Industry Lots.

Agriculturally related industry lots may only be created or expanded within the Agriculture zoning district and may only be enlarged by the terms of this section. These lots must meet the following requirements:
(1) 
Generally. The lot containing the agriculturally related industry may be approvable under Chapter 19.34, provided the proposal is also consistent with this section and other applicable standards of this Title.
(2) 
Covenant Limiting Uses to Ag Related Industry. A covenant or plat note must be recorded as a condition of final approval stating that the use of the agriculturally related industry lot is limited to agriculturally related industry uses.
(3) 
Minimum Lot Size. The minimum lot size is one acre and the maximum lot size shall be drawn to encompass only the area required for existing or proposed facilities with actively approved building permits as evidenced by the building plans, or by a site plan for the agriculturally related industry use(s) of the lot, approved in conjunction with a land use or subdivision application.
(4) 
Enlargement. Any enlargement of the agriculturally related industry lot shall be designed so as not to interfere with, and to support the continuation of, the overall agricultural use of the surrounding area.
(5) 
Residential Uses. The balance of the agriculturally related industry lot may not be divided for residential purposes while in the Agriculture zoning district. The agriculturally related industry lot shall not be converted into a residential lot while zoned Agriculture. A plat note stating such will be required on the final plat if the subdivision process is utilized. When an agriculturally related industry lot is created by the boundary line adjustment process, a covenant stating such will be required.
(6) 
Existing Residences or New Caretaker Dwellings. Existing residence or new caretaker dwellings may be located on a new agriculturally related industry lot but may not be segregated by boundary line adjustment or division from the agricultural industrial use as long as the lot is zoned Agriculture.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.060 Agricultural Tourist Operations.

(1) 
Legislative Intent. Agricultural Tourist Operations (ATOs), as defined in Section 19.01.070 and allowed under RCW 36.70A.177, and accessory sales of items promoting the agricultural tourist operation, are considered to be agricultural accessory uses and a component of a strong agricultural economy. This Section is intended to provide standards to ensure that the physical development of tourist operations and public education in farming areas enables business diversification that supports, promotes and sustains agricultural operations and production. Therefore, Agricultural Tourist Operations are defined as retail, destination, or resort operations and are subject to the following minimum requirements to protect agricultural land of long-term commercial significance, ensure the operation is accessory to a principal agricultural use, and location, design, and operation that does not interfere with, and supports the continuation of, the overall agricultural use of the property and neighboring properties.
(2) 
Additional Accessory Uses. The ATO may include the following:
(a) 
Food Service. Food services associated with a use or activity allowed pursuant to this Section are those services which are incidental or accessory to a permitted use or value-added food items produced from agricultural products grown on the applicant's farm and may include sales of ancillary prepackaged foods or beverages that are not prepared on the premises for on-site consumption. Food handling is subject to a License from the Yakima Health District and may require a commercial kitchen meeting YCC Title 13 standards, depending on the specific conditions of the development authorization and the food service offered.
(b) 
Educational Services. Education services located on a farm shall be a subordinate element of the operation of an ongoing agricultural activity as defined by RCW 84.34.020(2).
(c) 
Ancillary Entertainment/Special Events. Ancillary entertainment/special events, including weddings/receptions, catered functions and small musical events, shall be sized and conditioned consistent with the character of permitted activities and uses. The Reviewing Official shall place a limit on the number of occupants or size of indoor and outdoor events allowed. Capacity is limited by building occupancy and parking limitations.
(d) 
Commercial Uses. Accessory uses include those which support, promote, or sustain agricultural operations and production as a secondary, subordinate, and/or supplemental element of the operation of an ongoing agricultural activity as defined by RCW 84.34.020(2). Accessory commercial or retail uses shall predominantly sell regionally produced agricultural products from one or more producers, products derived from regional agricultural production, agriculturally related experiences, or products produced on site. Accessory commercial retail uses shall offer for sale products or services produced on site and/or limited items promoting the ATO.
(3) 
General Requirements. All types of Agricultural Tourist Operations shall:
(a) 
Be consistent with the intent of this Section;
(b) 
Be operated by the owner, operator, or occupant of the farming use;
(c) 
Comply with specific provisions applicable to the type of agricultural tourist operation in this Section;
(d) 
Be subject to, and limited by the appropriate licensing standards of the Yakima Health District where food handling is required; and
(e) 
Be located on a farm consisting of one or more contiguous parcels with at least five producing acres in the crops used in the retail product;
(f) 
Locate and design the ATO accessory facilities and permanent parking so they will not interfere with agricultural operations on the site of the proposed use or on nearby properties;
(g) 
Not locate nonagricultural accessory uses and activities, including new buildings, parking or supportive uses, outside the general area already developed for buildings and residential uses and shall not otherwise convert more than one acre of agricultural land to nonagricultural uses;
(h) 
Have adequate access from a county road consistent with the standards under Chapter 19.23. ATOs that share a private road must submit a road maintenance agreement at the time of application signed by all legal property owners or their designees. Without the road maintenance agreement the application will be considered incomplete; and
(i) 
Provide sufficient detail with applications proposing phased development of an ATO to enable the County, agencies and adjoining property owners to consider all aspects of the project at full build-out. Changes to an approved ATO that result in new uses that were not considered in the original approval are subject to the level of review for the requested change.
(4) 
Agricultural Tourist Operation – Retail.
(a) 
Ancillary Entertainment/Special Events. Indoor event facilities shall be no larger than 1,500 square feet.
(b) 
Food Service. The sale of food that is incidental or accessory to a permitted use or value-added food items produced from agricultural products grown on the applicant's farm may be provided. Food service may include sales of ancillary prepackaged foods or beverages that are not prepared on the premises for on-site consumption. Food service in the Retail ATO is subject to Yakima Health District licensing requirements and no permanent commercial kitchen is permitted. Food service shall only be served by licensed food vendors and shall be restricted to the events.
(c) 
Commercial Uses. Accessory commercial retail uses may sell products or services produced on site and/or limited items promoting the ATO.
(5) 
Agricultural Tourist Operation – Destination. A Destination ATO is one that consists of an assortment of uses over and above any uses associated with Retail ATO, but may include:
(a) 
Ancillary Entertainment/Special Events. Indoor event facilities shall be no larger than 7,500 square feet.
(b) 
Food Service. Food may also be served to registered guests staying at overnight lodging facilities or boarding houses approved under subsection (7) below, or as provided as part of a specific event or class (e.g. wedding or seminar) subject to Yakima Health District licensing requirements, including a commercial kitchen meeting YCC Title 13 standards if required.
(c) 
Commercial Uses. Other commercial uses directly related to the ATO may be allowed, such as gift stores, art galleries or the like.
(d) 
Overnight Lodging Facilities and Boarding or Lodging Houses. Overnight lodging facilities and boarding or lodging houses shall be limited to 12 overnight accommodations, as provided in subsection (7) below.
(6) 
Agricultural Tourist Operation – Resort. A Resort ATO is one that consists of an assortment of uses over and above any uses associated with Retail or Destination ATO but may include:
(a) 
Ancillary Entertainment/Special Events. Indoor and outdoor event facilities are not limited in size; provided the proposed facility conforms to the requirements set forth in subsection (3)(g) above.
(b) 
Food Service. A restaurant developed as an accessory use to the Resort ATO may serve meals to the general public, subject to Yakima Health District licensing requirements, including a commercial kitchen meeting YCC Title 13 standards.
(c) 
Commercial Uses. Other commercial uses directly related to the ATO may be allowed, such as gift stores, art galleries or the like.
(d) 
Overnight Lodging Facilities and Boarding or Lodging Houses. Overnight lodging facilities and boarding or lodging houses may include more than 12 overnight accommodations, as provided in subsection (7) below.
(7) 
Accessory Overnight Lodging Facilities and Boarding or Lodging Houses. Overnight lodging facilities and boarding or lodging houses are subject to additional requirements when proposed within an Agricultural Tourist Operation:
(a) 
Overnight Lodging Facilities and Boarding or Lodging Houses. Overnight lodging facilities and boarding or lodging houses as defined in Section 19.01.070 shall be subject to the following conditions:
(i) 
Facilities proposed within the Agriculture (AG) zone shall only be considered when being proposed as an accessory use to a Destination or Resort Agricultural Tourist Operation.
(ii) 
In all allowed zones, such facilities being proposed as an accessory use to a Destination Agricultural Tourist Operation shall be limited to 12 overnight accommodations.
(iii) 
The facilities and permanent parking shall be located and designed so they will not interfere with agricultural operations on the site of the proposed use or on nearby properties.
(iv) 
The facilities and permanent parking shall be located within the general area already developed for buildings and residential uses and shall not convert more than one acre of agricultural land to nonagricultural uses.
(b) 
Membrane Structures. The use of a membrane structure, such as a tepee or yurt that meets the following criteria may be allowed in conjunction with approval of an overnight lodging facility or boarding or lodging house. The membrane structure:
(i) 
Shall be placed on a permanent foundation or pad;
(ii) 
Is not a camping unit or recreational vehicle as defined in Section 19.01.070;
(iii) 
Meets the current building code and Yakima Health Department requirements for transient accommodations; and
(iv) 
Does not contain indoor cooking facilities.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.070 Agricultural Stand.

Agricultural stands are for the sale of agricultural products, except livestock, provided they:
(1) 
Are a seasonal operation;
(2) 
Have sufficient area to allow automobiles to park safely off the road right-of-way and to re-enter the traffic in a forward direction; and
(3) 
Limit sales to products grown on the premises or the same farm operation, and to incidental related products. (See definition in Section 19.01.070).
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.080 Ambulance Dispatch Facility.

In the Urban Growth Areas, an ambulance dispatch facility may be permitted as provided for under Table 19.14-1; provided, that the site has a minimum lot size of 10,000 square feet and must be on a street designated as a principal, major or minor arterial in the County's Comprehensive Plan.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.090 Animal Husbandry and Animal Feeding Operations.

(1) 
Legislative Intent. This Section is intended to assure that the raising of domesticated farm animals within Urban Growth Areas, Rural Transitional and Rural Settlement zones is compatible with adjoining residential uses and the intent and character of the district in which they are located.
(2) 
Minimum Lot Size – Urban Growth Areas and Rural Settlement.
(a) 
The minimum lot size for animal husbandry and animal feeding operations within the RS, RT and Urban Growth Area is one acre. A lot at least the minimum size shall be deemed to meet this requirement even though a portion of the lot may be used for a single-family dwelling.
(b) 
Domestic poultry and fur-bearing animals, including rabbits, silver foxes, minks, squirrels, nutria and muskrats, are allowed on any lot within the RS, RT or Urban Growth Area, and are subject to the requirements of this Section. The term "fur-bearing animals" does not include dogs or cats.
(3) 
Minimum Setback. No portion of any structure used to house pigs, sheep, goats, cows and the like shall be within 50 feet of any residential lot other than the dwelling on the same lot. Small animals, fur-bearing animals, and domestic fowl shall not be housed within 25 feet of a neighboring residential lot line.
(4) 
Fencing. Fencing adequate to contain the animals shall be provided and maintained.
(5) 
Maximum Number of Animals.
(a) 
The maximum number of animals that may be kept on the site at any time of the year in the Urban Growth Areas, RT and RS districts shall be the number of animals as follows:
(i) 
Large domestic farm animals, such as cows, horses, mules, donkeys, llamas, camels, and buffalo must maintain a standard of not more than one animal per each acre;
(ii) 
Small domestic farm animals, such as alpacas, sheep, miniature horses and goats – not more than three per acre. Goats, including pygmy, dwarf and miniature goats may be kept as small animals, provided male goats are neutered;
(iii) 
Swine on a parcel at least five acres in size: one barrow (over four months of age) is allowed per each acre, or, not more than two breeding animals per each five acres, except in the Urban Growth Areas where swine are not permitted, other than one potbellied pig;
(iv) 
Not more than 20 domestic poultry are allowed per acre; roosters and peafowl are not permitted;
(v) 
Not more than 25 fur-bearing animals allowed per acre; or
(vi) 
Nursing domestic animal offspring may be kept until weaned without violating the limitations of this Section.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.110 Bed and Breakfast Inns (B&B).

Bed and breakfast inns, as defined in Section 19.01.070, shall be subject to the following requirements:
(1) 
Located within Residence. Bed and breakfast inns may only be permitted within the zoning districts when established within an existing single-family residence.
(2) 
Outside Appearance. Bed and breakfast inns shall be operated so as not to give the appearance of being a business. The inn shall not infringe upon the rights of neighboring residents to have 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 area or the neighborhood.
(3) 
Owner/Manager Occupied. Bed and breakfast inns may be occupied and operated by the owner or by a hired manager. No additional dwelling shall be placed on the same lot as the bed and breakfast inn.
(4) 
Meals. Meals shall only be served to guests taking lodging in the inn. Restaurants may be allowed where specified by the zoning district.
(5) 
Number of Guest Rooms. The number of guest rooms shall not exceed five or the number specified in the Allowable Land Use Table 19.14-1 in Chapter 19.14, whichever is less.
(6) 
Parking. One off-street parking space per guest room shall be provided. 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.
(7) 
Signs. One non-illuminated or externally illuminated sign not to exceed 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.
(8) 
Special Events. The Reviewing Official may authorize use of the bed and breakfast inn for special events such as receptions and group meetings based upon:
(a) 
The maximum capacity of the indoor meeting facilities within the inn as established in YCC Title 13;
(b) 
Access and availability of adequate off-street parking facilities;
(c) 
Public health considerations;
(d) 
Compatibility with the surrounding neighborhood; and
(e) 
In residential zones (RS, RT, R-1, R-2, R-3), the number of such events shall not exceed 12 per year. The Reviewing Official may consider additional events subject to the approval of an administrative adjustment under Section 19.35.020.
(9) 
Retail Sales. Sales of items promoting the inn may be allowed as an accessory use. Other commercial uses, such as gift stores, art galleries or the like, may be allowed under separate application only.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.120 Building and Trade Contractors.

Building and trade contractors abutting areas outside of a commercial or industrial zoning district shall store all materials indoors; provided the Reviewing Official may consider limited outdoor storage of materials and vehicles when adequately screened or otherwise isolated from neighboring properties. The type of contractor, supplies, equipment and the number of employees will affect compatibility. Heavy equipment contractors are listed as a separate use in the applicable zoning district land use table.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.130 Campgrounds and Recreational Vehicle Parks.

(1) 
Legislative Intent. This Section is intended:
(a) 
To implement various goals and policies of Yakima County's adopted Comprehensive Plan(s) and Regional Shoreline Master Program, including land use, community facilities and services, environment, economic development, and housing, relative to unincorporated areas of Yakima County, under authority of RCW 36.70A and responsibility to adopt official land use controls under RCW 36.70.640 and shorelines regulations under Chapter 90.58 RCW.
(b) 
To ensure the public health, safety and welfare of campgrounds and recreational vehicle parks within Yakima County land use jurisdiction, through the application of the health regulations adopted under authority and responsibility granted the Yakima Health District under RCW 70.05.070.
(c) 
To ensure the public health, safety and welfare of campgrounds and recreational vehicle parks within Yakima County land use jurisdiction, through applying the Building and Fire Safety regulations adopted under authority and responsibility granted to the Building Official and the Yakima County Fire Marshal under YCC Title 13 under RCW Chapter 19.27.
(d) 
To provide, under authority in RCW 58.17.035 and 58.17.040(5), for a Binding Site Plan method of land subdivision in unincorporated Yakima County for purposes of lease of commercial property where camping units are permitted to be placed upon the land.
(e) 
To provide for the creation of new and expansion or modification of existing campgrounds and recreational vehicle parks in unincorporated areas of Yakima County that meet the needs and protect the interests of users and adjacent landowners.
(f) 
To assure the compatibility of recreational vehicle parks and campgrounds in the unincorporated areas of Yakima County with adjacent and nearby land uses by establishing development standards, while providing for flexible designs.
(2) 
Applicability.
(a) 
Any person who proposes to establish, construct, alter, expand or modify a campground or recreational vehicle park in unincorporated Yakima County shall comply with the requirements of this Chapter.
(b) 
For any proposal to expand a pre-existing campground or recreational vehicle park within Yakima County land use jurisdiction, only the new or expanded portion of the development shall be required to meet the standards and requirements of this chapter, unless there is a public health or public safety issue involved in the existing development; in which case upgrades of existing park or campground development may be required as part of the preliminary site plan review process.
(c) 
No land area may be created, sold or leased for overnight occupancy of two or more camping units in unincorporated Yakima County, except in conformance with this Section.
(3) 
Exceptions. The following do not require separate approval under this Section; provided that such uses otherwise comply with Yakima County Code:
(a) 
Day use areas, with appropriate sanitary facilities are provided as required by the Yakima Health District.
(b) 
Recreational vehicle parking normally accessory to a residence or approved location.
(c) 
Recreational vehicle storage areas permitted as an accessory use to an approved principal use provided the area set aside for this purpose is subject to land use and environmental requirements attendant to the underlying land use decision.
(d) 
A single recreational vehicle approved for occupancy for the care of a terminally ill person under Section 19.18.480 as it now exists or is amended.
(e) 
A single recreational vehicle located on a lot under the same ownership as the recreational vehicle, for not more than 30 days for temporary use under Section 19.18.480.
(f) 
Multiple camping or recreational vehicles may be located on a lot for temporary accommodation accessory to an approved recreational use (such as a livestock event facility, off-road recreational vehicle facility, or similar use). See Section 19.18.135.
(g) 
Campgrounds and recreational vehicle parks associated with and integral to an approved Master Planned Resort are subject to the standards of this section unless equivalent or better standards are proposed in the Resort Development Plan of the Master Planned Resort.
(4) 
Health Standards Applicable Countywide. All recreational vehicle parks and campgrounds shall comply with all health standards for campgrounds and RV parks as required by the Yakima Health District, WAC 246-290 or WAC 246-291 or as amended, and as administered by the Yakima County Building Official under YCC Title 13. All proposed water supply and sewage disposal sites must be depicted on the final site plan.
(a) 
Solid Waste. No person shall dispose of or discard sewage, gray water, or other waste materials onto the ground. All storage, collection, and disposal of solid waste in the campground or recreational vehicle park shall be in conformance with the minimum functional standards set forth by the Washington State Department of Ecology and administered by the Yakima Health District.
(i) 
Approved solid waste containers shall be placed within 200 feet of each camping space;
(ii) 
Solid waste collection areas having more than one container shall require screening with a sight-obscuring fence or Standard C sitescreening as provided in Chapters 19.21; and
(iii) 
All solid waste containers shall have covers that prevent access by birds and other animals and minimize the creation of nuisances from odors and fugitive materials.
(5) 
Minimum Land Use and Site Design Standards. Each campground or recreational vehicle park shall meet Chapter 19.10 and the following standards:
(a) 
Size. The minimum area for a recreational vehicle park shall be two acres. The minimum area for a campground shall be one acre.
(b) 
Camping Space Standards. Standards for camping unit spaces within recreational vehicle parks and campgrounds shall be as follows:
(i) 
Width. The minimum space width shall be 20 feet.
(ii) 
Use.
(A) 
No more than three camping units shall occupy any individual space in a campground.
(B) 
Only one recreational vehicle shall occupy an individual space at any time, though a camping space may be occupied by one recreational vehicle and one or two tents.
(C) 
No decks, porches, outdoor storage, or other exterior additions shall be attached to a recreational vehicle or constructed or erected on a camping space; provided, however, that an awning designed as part of and permanently attached to a recreational vehicle shall be allowed.
(D) 
Wheels and tires shall not be removed from any recreational vehicle, nor shall skirting be allowed.
(iii) 
Nothing in this Subsection shall conflict with YCC Title 13 accessibility requirements, where applicable, for access to an individual recreational vehicle.
(c) 
Grading and Surfacing. All camping spaces shall be designed to provide drainage to a stormwater treatment area. Cinder, gravel, or comparable non-dust-creating, semi-permeable, all weather surfaces of a size approved by the Reviewing Official shall be provided for all recreational vehicle pad areas.
(i) 
Fences and Walls. No fence or wall shall be erected between camping unit spaces, except a retaining wall or a guardrail meeting YCC Title 13 requirements may be installed for safety purposes;
(ii) 
Space Identification Numbers. Camping space numbers at least four inches in height shall identify each space and shall remain readily identifiable while in use;
(iii) 
Design. Each camping space shall be designed and constructed at such elevation, distance, and angle regarding its access to provide for safe and efficient placement and removal of camping units; and
(iv) 
Setbacks. The setback for camping spaces from any public road or private road right-of-way exterior to the campground or recreational vehicle park shall be 25 feet from the edge of the right-of-way or road easement, or 60 feet from the road centerline, whichever is greater. Natural and landscape vegetation shall be retained and maintained along exterior property lines and within exterior setback areas of the campground or recreational vehicle park to the maximum extent possible. Other setback standards are as listed in Table 19.18.130-1 below.
Table 19.18.130-1. Minimum Setback Standards
Setback (feet)
Camping site boundary to exterior side or rear property line
15
Distance between camping unit or awning to camping unit or awning on an adjacent space
10
Distance for camping unit from travel surface of interior roads
10
Cabin or tent cabin setback from interior roads
20
Distance between fire pit and exterior property line
30
No camping unit shall be placed or parked within a required setback area. Uses in setback areas shall be restricted to underground utility lines, exterior boundary fences, or security posts, and landscape vegetation; provided, a towed passenger vehicle, other than a recreational vehicle, may be parked within an internal front yard setback area required for an individual camping unit space. Fences, utility lines, or landscape vegetation located within a setback area, if permitted, shall not interfere with access and driving sight distances.
(d) 
Exterior Fencing or Buffering. A campground and/or RV Park which abuts a residence either to the side or rear exterior boundary shall comply with the sitescreening standards of Chapter 19.21. Fences shall be no less than six feet in height, and shall be sight obscuring (Standard C) as provided in Chapter 19.21 and shall conform to YCC Title 13. Any such fence shall be installed prior to operation of the campground or recreational vehicle park. Any fence shall be neutral in color and blend with the surrounding area. The fencing requirement may be waived if the campground or recreational vehicle park owner is also the owner of the contiguous residence.
(e) 
Roads. The road system, both within and adjacent to the proposed campground or recreational vehicle park, shall be designed to meet the requirements of the County Fire Marshal and the County Engineer.
(f) 
Drainage. Drainage facilities shall be designed by a registered engineer to provide no measurable increase in the rate of stormwater runoff into the receiving drainage for a 25 year storm event, consistent with YCC Chapter 12.10.
(g) 
Parking. A campground or recreational vehicle park shall meet the following parking standards:
(i) 
There shall be no on-street parking.
(ii) 
There shall be no parking permitted within required exterior front, side or rear yard setbacks.
(iii) 
A campground or recreational vehicle park and its associated buildings, structures, and uses shall provide off-street parking for passenger vehicles and recreational vehicles under Chapter 19.22. In addition to the parking spaces required, one or more disabled parking spaces shall be provided in locations convenient to origins and destinations. Guest parking spaces shall be provided at a ratio of one parking space per eight camping spaces. Any towed passenger vehicle shall be parked within the boundary of the camping space, or when a recreational vehicle fully occupies the camping space such passenger vehicle shall be parked in a guest parking space. Guest parking spaces shall be grouped and distributed evenly throughout the campground or recreational vehicle park.
(h) 
Density.
(i) 
For campgrounds without sanitary sewer service, the maximum density of a campground or recreational vehicle park shall be based on consideration of the capacity of the soils to handle on-site sewage disposal as determined by the Yakima Health District, consistent with applicable requirements of Chapter 246-272A WAC; provided, however, that such density must be found to be compatible with surrounding land uses and consistent with the County's Comprehensive Plan.
(ii) 
Campgrounds served with on-site sewage disposal shall have a maximum density of six units per gross acre unless a higher density, not to exceed ten units per gross acre, is approved by the Yakima Health District.
(iii) 
For recreational vehicle parks or campgrounds with an approved sanitary sewer connection to each camping space, the density shall not exceed 20 camping spaces per gross acre; provided such density is consistent with site development standards of this Title and other applicable regulations and meets environmental policies of the County.
(i) 
Electrical and Other Utility Connections. Electrical hookups may be provided to each camping space in a developed campground or recreational vehicle park. If provided, the minimum amperage shall be specified by the Washington Department of Labor and Industries (L&I). Other services, such as television and telephone cable service, may be permitted. All electrical and other connections shall be:
(i) 
In compliance with applicable local and state codes; and
(ii) 
In close proximity to the user.
(j) 
Lighting. All security or safety lighting shall be designed as provided in Section 19.10.040 so as to limit illumination to the campground or recreational vehicle park, without interfering with the motoring public on adjacent roads.
(k) 
Fire Protection. Fire safety precautions for campgrounds and recreational vehicle parks shall be provided as required by the International Fire Code (IFC) and International Wildland Urban Interface Code (IWUIC), and YCC Title 13.
(l) 
Caretaker's Residence. One caretaker's residence and/or office facility for the owner or operator of the campground or recreational vehicle park may be allowed. A manufactured home can be utilized as the caretaker's residence, however no other manufactured homes shall be occupied, stored, or parked in a campground or recreational vehicle park. No manufactured home unit shall be used for commercial use, assembly of people, or accessory use within a campground or recreational vehicle park.
(m) 
Accessory Uses. Laundry, assembly, or commercial accessory or service uses may be allowed in a developed campground or recreational vehicle park provided, each structure meets building code standards. The appropriateness of all proposed accessory uses and their compatibility with adjacent land uses will be considered as part of the site plan review. Such accessory uses are restricted in their use to occupants of the campground or recreational vehicle park. Each accessory use or structure shall be accessible by improved pedestrian path convenient to occupants of the park or campground. Any manufactured coach used for laundry, assembly or commercial use shall be a commercial coach.
(n) 
Water Recreation Facilities. All water recreation facilities shall:
(i) 
Comply with the rules and regulations under Chapter 246-260 WAC and/or Chapter 246-262 WAC, as now exists or are amended;
(ii) 
Be approved and permitted by the Yakima Health District; and
(iii) 
Meet the pool barrier requirements of YCC Title 13.
(o) 
Exterior Boundary Survey. Exterior boundaries and all road centerlines shall be surveyed and monumented by a surveyor licensed in the State of Washington.
(p) 
Open Space and Recreation. A minimum 15% of the total site area within the campground or recreational vehicle park shall be set aside as community open space as defined in Section 19.01.070. The minimum area may be reduced to ten percent of the total site area where the campground is developed in conjunction with a master planned resort.
(q) 
Duration of Occupancy. Campgrounds and recreational vehicle parks are intended for recreational or temporary occupancy. Accordingly, the Reviewing Official shall require the following conditions and limitations on occupancy when approving permits for land uses under this section:
(i) 
The maximum length of stay of any camper shall be 180 consecutive days.
(ii) 
Campers may stay the maximum consecutive days in a permitted facility as provided in (i) above, after which they must vacate the facility for at least seven consecutive days.
(iii) 
The facility's management shall maintain accurate records of each camping site's occupancy and provide Yakima County code enforcement personnel with access to such records when requested.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017; Ord. 5-2020 § 2(F) (Exh. 3), 2020)

§ 19.18.135 Camping Accessory to Approved Recreational Uses.

Multiple camping or recreational vehicles may be located on a lot for temporary accommodation accessory to an approved recreational use (such as a livestock event facility, off-road recreational vehicle facility, or similar use), provided:
(1) 
Usage Area. The area for such use is shown on the site plan submitted with the primary application and approved in the underlying land use;
(2) 
Parking. Sufficient parking area is provided both for the accommodation use and the primary land use;
(3) 
Land Use Rules. The area set aside for this purpose is subject to land-use and environmental requirements attendant to the underlying land-use decision;
(4) 
Residential Buffer. Locations designated for recreational vehicles are separated from the nearest existing dwelling on any adjacent lot by a minimum distance of 300 feet, or by other equivalent mitigation, in order to mitigate noise created by generators used for electric power;
(5) 
Temporary. It is temporary and directly related to a specific event held at that facility;
(6) 
Access. Access is appropriate, internal pedestrian and vehicular circulation is safe, and physical access to the site is determined to be acceptable by the Reviewing Official;
(7) 
Stormwater. Stormwater is addressed on the site plan as per YCC Chapter 12.10 and appropriate provisions are made;
(8) 
Density. The number of units does not exceed that permitted with the underlying land use decision;
(9) 
Self-contained. The camping unit or recreational vehicle is self-contained (no hook-ups);
(10) 
Duration of Occupancy. Limited to no more than four consecutive nights and no more than 30 nights in any 12 month period;
(11) 
Unattended RVs. The RVs are not left unattended beyond the specific event associated with the recreational use; and
(12) 
Operating Permits. Annual operating licenses or permits as required by the Yakima County Fire Marshal, the Building Official and/or the Yakima Health District are secured as provided in YCC § 19.34.081.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.140 Cemetery Plots.

Cemetery and cemetery plots are subject to development standards in this Title and must meet state standards and other requirements in this Title, including a minimum setback for any cemetery plot from the centerline of rights-of-way as set forth in Chapters 19.11, 19.12 and 19.13. Other applicable setback State laws may apply.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.150 Community Open Space Requirements.

The following provisions shall apply whenever community open space is proposed by the developer, or when required by a Reviewing Official under Type 2 or 3 Review, as a condition of approval, or when qualifying for a smaller minimum lot area when within the SR, R-1, R-2, R-3 or RS zoning districts.
(1) 
Uses. The community open space may be used for recreation, shoreline access, landscaping, visual noise or land use buffer, drainage control, trails or pathways, shallow retention ponds, low-impact development purposes, or other uses approved by the Reviewing Official during project review. Uses authorized for the community open space shall be appropriate with the use, size and density of the proposed development and the natural features of the site.
(2) 
Improvements. Community open space shall be improved for its intended use, but community open space containing critical areas or other natural features may be left unimproved. All structures and improvements permitted in the community open space must be appropriate with the authorized use and natural features of the community open space. Community open space may be used only for those uses specified in the approved final site plan.
(3) 
Shared Outdoor Recreation Areas for Multifamily Residential Uses.
(a) 
Any provided outdoor recreation space shall be usable for the shared or common use of all residents.
(b) 
The required recreation space may include a combination of both outdoor and indoor public, common and private space.
(c) 
Design of managed public and common outdoor recreation spaces and pedestrian accessways should provide for easy surveillance from multiple units in order to contribute to greater public safety.
(d) 
All public and common outdoor recreation spaces shall equal one acre of recreation area for every 100 dwelling units, prorated for the number of dwellings proposed, exclusive of the 200 square feet per dwelling of outdoor living area required by Subsection 19.12.020(2)(e)(ii). This can be achieved through smaller multiple recreational areas if the cumulative percentage equals the required minimum amount.
(e) 
The boundaries of public areas, such as streets or public gathering places, semi-public areas, such as transition areas between streets and dwelling units and private outdoor areas shall be clearly defined so a person can readily determine where the public space ends and the private space begins, such as by using one or more of the following:
(i) 
A deck, patio, low wall, fence or other suitable structures;
(ii) 
Landscaping, such as a hedge or draping vine on a trellis or arbor;
(iii) 
A change in the texture of the path material;
(iv) 
Signs; or
(v) 
Substantial natural features, such as a drainageway or tree grove.
(4) 
Location. The location, shape, size and character of the open space shall be suitable for the type of project. Generally, community open space shall be located:
(a) 
Next to other open space areas;
(b) 
To buffer the proposed development from neighboring developments; and
(c) 
To provide access to recreation facilities or link recreational facilities with sidewalks or paths.
(5) 
Retention and Maintenance. The final site plan shall include a provision, approved by the Reviewing Official, assuring the permanent retention and maintenance of the community 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 identify a responsible individual or entity, such as a homeowners' association, for maintenance and upkeep of the dedicated community open space. The document shall contain a provision vesting the County with the right to enforce the permanent retention and maintenance of the community open space and providing that, if community open space is permitted to deteriorate, or is not maintained in a condition consistent with the approved plan, and program, the County may at its option cause necessary maintenance to be performed and assess the costs 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. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.170 Reserved.

(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.180 Drive-Through Facilities.

(1) 
Review Required. Review under this Section is required in recognition of the potential impacts of drive-through uses on adjoining residential uses and transportation systems. Any commercial use having a drive-through service window or booth is subject to the additional elements of review required in Subsection (2) of this Section for impacts on adjoining residential uses and the transportation system.
(a) 
Land uses other than financial institutions or espresso/coffee drive-through facilities located on properties that abut residential zones are subject to the following:
(i) 
Those listed as Type 1 Permitted Uses shall require at least a Type 2 review and review under this Section, and
(ii) 
Those listed in the Allowable Land Use Table 19.14-1 in Chapter 19.14 as Type 2 Administrative Uses shall require at least a Type 3 review and review under this Section.
(b) 
The drive-through facility will not require a higher review level for financial institutions and espresso/coffee drive-through facilities on properties that do not abut residential zones, but the standards of this Section will apply.
(2) 
Elements of Review. The review of a drive-through facility shall include consideration of impacts from the following: location in relationship to the building, sound-absorbing concrete noise barriers and other such alternative design strategies to address noise from the drive-through speaker and/or car radio, glare from vehicle head lights and exterior lighting fixtures, fumes to residential uses and impacts to transportation traffic flow and carrying capacity of the arterial street system.
(3) 
Adult Sales Practices. Any commercial use that includes an adult sales practice as defined in YCC Chapter 5.06 shall be reviewed as an adult entertainment facility under Section 19.18.030.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.190 Electric Vehicle Infrastructure.

(1) 
Legislative Intent. This Section provides opportunities for electric vehicle infrastructure, as defined in Section 19.01.070, in all zoning districts in the County. These regulations are intended to:
(a) 
Provide adequate and convenient electric vehicle charging stations, defined in Section 19.01.070, to serve the needs of the traveling public;
(b) 
Provide opportunities for Yakima County residents to have safe and efficient personal electric vehicle charging stations at their place of residence; and
(c) 
Provide the opportunity for commercial and industrial projects to supply electric vehicle charging station services to their customers and employees.
(2) 
Applicability. Electric vehicle infrastructure is permitted as follows:
(a) 
Electric vehicle charging stations equipped with Level 1 or Level 2 charging equipment, as defined in Section 19.01.070, as an accessory use in all zoning districts.
(b) 
Rapid charging stations, defined in RCW 36.70A.695(5), also known as Level 3 charging in FW, R-10/5, RS, B-2, SCC, LCC, GC, HTC, M-1 and M-2 districts.
(c) 
Battery exchange stations, defined in RCW 36.70A.695(5), in GC, HTC, M-1, and M-2 districts.
(3) 
General Requirements. Installation of electric vehicle infrastructure must be consistent with the rules for electric vehicle infrastructure requirements adopted by the State Building Code Council and the Department of Labor and Industries for the installation of electric vehicle infrastructure. All wires and equipment that convey electric current and any equipment to be operated by electric current must be consistent with the standards in RCW 19.27.540 and 19.28.281.
(4) 
Process.
(a) 
An application to establish electric vehicle infrastructure must also obtain an electrical permit through Washington State Department of Labor and Industries.
(b) 
Battery exchange stations that are an addition to an existing use require a Type 1 review process consistent with Chapter 19.30.
(c) 
New battery exchange stations require a Type 2 review process consistent with Chapter 19.30.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.205 Especially Sensitive Land Uses.

(1) 
Legislative Intent. Special standards are enacted for setbacks and review criteria of especially sensitive land uses (ESLU) (as defined in Section 19.01.070) to ensure that such uses are located on the least productive portion of the property and/or do not adversely impact or significantly interfere with adjacent or nearby farming operations.
(2) 
Setbacks. To provide a buffer between resource lands or uses and adjacent especially sensitive land uses, the following setbacks and considerations in reducing the setbacks are enacted:
(a) 
Where any existing or proposed lot borders on agricultural, mineral resource or forest land, a building setback for especially sensitive land uses is required from the adjoining resource land or use as follows:
(i) 
60 feet from any adjoining lot containing a commercial agricultural use in a rural zoning district;
(ii) 
150 feet from an agriculture (AG) zoned lot, unless the application is to establish a lot line adjacent to a legally existing especially sensitive land use, in which case the building setback will be the standard structural setback along the line adjacent to the existing ESLU;
(iii) 
200 feet from any forest-watershed (FW) zoned lot; and
(iv) 
500 feet from property designated Mineral Resource overlay by the Comprehensive Plan.
(b) 
Exceptions: The widths of the setbacks specified in Subsection (a) above may be modified as allowed by Section 19.35.020(6).
(3) 
Review. Proposals for especially sensitive land uses shall be reviewed as provided in this Subsection according to the following criteria:
(a) 
The proposal will not adversely impact, or interfere with accepted farm, forest or mining practices on adjacent or nearby AG or FW zoned land, or mineral resource designated land, respectively. Consideration shall include the type of agricultural, forest or mining activities in the area and the relative susceptibility to nuisance complaints;
(b) 
The proposal uses mitigation measures to reduce the potential for land use conflicts and separate the site from active agricultural, forest or mining activities, such as: landscape buffers and screening identified in Chapter 19.21; special setbacks; site design using physical features such as rock outcrops, ravines, roads, irrigation canals or critical areas; or proximity to established dwellings, small lots or other especially sensitive land uses; and
(c) 
When in an AG zone, to the maximum extent possible, the especially sensitive land use shall be located on the least productive portion of the property.
(4) 
Declarative Covenant Required. Where a proposed lot or use is within 500 feet of any agricultural, mineral or forest resource designated land, a declarative covenant shall be recorded indicating that the lot or especially sensitive land use is situated in an agricultural, mineral or forest resource area and, therefore, may be subject to noise, dust, smoke, odors, traffic and the application of chemicals resulting from commonly accepted practices associated with nearby agricultural, mineral extraction or forestry uses. Such covenant shall be in a form prescribed by the Reviewing Official.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.210 Farm Labor Housing and Farm Dwellings.

Farm labor housing consists of temporary worker housing, farm labor dwellings and shelters, and accessory farm dwellings. They are regulated as follows:
(1) 
State-Licensed Temporary Worker Housing. Temporary Worker Housing, defined in RCW 70.114A.020. This type of farm labor housing is developed to comply with the temporary worker housing requirements of RCW 70.114A and is subject to siting and licensing issued by the Washington Department of Health for on-site temporary worker housing. This also includes cherry harvest temporary labor camps regulated under Chapter 70.114A RCW.
(2) 
Second Farm Dwellings and Farm Labor Shelters and Centers. Farm dwelling(s) for farm employees, laborers, and their families, not for temporary seasonal housing subject to RCW Chapter 70.114A are subject to the following:
(a) 
Occupants. The dwelling units are used exclusively to house persons employed or otherwise actively participating in the farm and their family members.
(b) 
Regulatory Compliance Required. The facilities shall conform to zoning, building and health regulations.
(c) 
Access, Water Supply and Sewage Disposal. The location for the units will be reviewed to evaluate access, public safety considerations, and provisions for potable water and sewage disposal, with preference given to community systems.
(d) 
Siting. The units shall be sited with consideration to minimizing negative effects on agricultural productivity of the site and adjoining farm operations, and minimizing effects on residences on neighboring properties.
(e) 
Covenant Required. A covenant shall be recorded in a form acceptable to the County, stipulating the second farm dwelling or farm labor shelters/center are exclusively for use by farm employees, laborers and their family members.
(f) 
Second Farm Dwelling. A second farm dwelling for a farm employee and family members, in addition to the primary single-family residence, shall be located on a lot at least 20 acres in size or one-half quarter-quarter section, including public right-of-way, that is primarily in active agricultural use.
(g) 
Farm Labor Shelters and Centers.
(i) 
Ownership. Farm Labor Shelters and Centers shall be owned and maintained by the owner or operator of an agricultural operation which evidences the need for farm laborers; or by an established non-profit organization, housing authority, growers co-op, or other corporate entity with a binding commitment to long-term maintenance and operation of the shelters/center; and
(ii) 
Annual Inspection. Farm Labor Shelter and Center facilities are subject to an annual inspection for compliance with this Section.
(3) 
Farm Labor Complexes. Farm labor complexes unrelated to the adjoining farming operations may be allowed as conditional uses in agricultural resource areas. These developments may provide either temporary or permanent housing, and may include farm labor camps, shelters, recreational vehicle parks, and facilities needed to serve the residents, including child care, recreation, etc. These facilities must meet or exceed all County design and development standards. Concerns of neighboring property owners and proposed management structures shall be given substantial weight in determining whether such complexes are appropriate.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.220 Reserved.

(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.225 Heavy Construction Equipment Storage, Maintenance, Repair and Contracting Businesses.

(1) 
Legislative Intent. This Section is intended to:
(a) 
Provide methods for the approval of Heavy Construction Equipment Storage, Maintenance, Repair and Contracting businesses in the Rural Zoning Districts listed in 19.14-1 Allowable Land Use Table.
(b) 
Ensure that the approval of Heavy Equipment Storage, Maintenance, Repair and Contracting businesses does not have a negative impact on the adjacent land uses or the rural character of the zoning district.
(c) 
Ensure that proper infrastructure is in place or proposed to be in place to support the proposed use.
(2) 
Applicability
(a) 
Permit Required
(i) 
Heavy Equipment Storage, Maintenance, Repair and Contracting businesses shall not be maintained, established, substantially altered, expanded, or improved until the person operating such site has obtained a project permit as provided in the Allowable Land Use Table 19.14-1 in Chapter 19.14.
(ii) 
Operation of the proposed use is not allowed until such site has obtained all applicable Federal, State and Local permits.
(iii) 
The property must be three (3) acres or larger and have direct access to a county road or state/federal highway.
(3) 
Public Notice
(a) 
Notice of the proposed Land Use change mailed under YCC Title 16B shall be sent to owners of property within 300 feet of the proposed use.
(4) 
Information Requirements
(a) 
In addition to the requirements of chapter 19.30 and the application procedures in YCC Title 16B, the application shall include the following information:
(i) 
A narrative detailing the reasons for locating the proposed business at this location, including reasons why it could not be located within an Urban Zoning District.
(ii) 
Water usage requirements.
(iii) 
Information of the vehicle trips that would be generated daily as a result of this proposal.
(iv) 
Circulation Plan, including locations of ingress and egress.
(v) 
Hours of operations
(5) 
Approval Requirements
(a) 
Findings. Before such approval shall be given, the Reviewing Official shall find:
(i) 
The proposed facility is designed, located, and proposed to be operated so the public health, safety, and welfare will be protected.
(ii) 
That the use will not prevent the orderly and reasonable use and development of surrounding properties or of properties in adjacent zones.
(iii) 
That all public or private utilities necessary for the use are available, and that the roads serving the use are adequate to accommodate the type and extent of vehicular traffic.
(b) 
Review Criteria. In addition to the requirements outlined in YCC Title 19.30, the Reviewing Official shall consider the following criteria, based on evidence provided by the applicant.
(i) 
Compatibility with the current uses of adjoining properties.
(ii) 
Capacity on operation of the roadways serving the subject property.
(iii) 
Adequate water supply for the proposed use.
(iv) 
Adequate sewerage disposal for the proposed use.
(v) 
Suitability of the land for the proposed use.
(vi) 
Whether a hazard to life, limb, or property, because of the proposed use is created which or which might be reasonably be created as a result of the proposed use, and what measures would mitigate any such hazards.
(vii) 
What restrictions should or should not be imposed to secure the purpose of this section and to protect the public and surrounding property owners.
(c) 
Ownership
No approval shall be issued for a premise, except with written consent of the owner or owners. Permission to engage in the use is granted to only the permit applicant or the permit applicant's transferee. Permits shall be transferable unless the approval specifies otherwise. Transferees shall engage in the use authorized by the permit only to the extent authorized by this Section and the permit itself.
(6) 
Restriction upon operations
In addition to the development standards outlined in YCC § 19.10.040 and the requirements of YCC § 19.30, reasonable restrictions upon the operations may be imposed by the Reviewing Official based on comments received, identified impacts resulting from the specific proposal, and/or to maintain compliance with the Comprehensive Plan, and this Title. Such restrictions may relate to any activity anticipated from the proposed use. Examples would be hours of operation, site-screening, traffic volume, setbacks, noise, light, and glare, etc.
(Ord. 4-2024 (Exh. 1), 2024)

§ 19.18.230 Historic Landmark.

(1) 
Historic Landmark Allowable Use Permits as defined in Section 19.01.070 are authorized by the Comprehensive Plan and this Title to ensure increased protection and provide for a variety of allowable uses for historic landmarks that will encourage rehabilitation and continued preservation of the unique qualities of these nonrenewable resources.
(a) 
Permits. The County may authorize a Historic Landmark Allowable Use Permit where it has been determined that a more intensive use, not listed in the zoning district under permitted, administrative or conditional use, will encourage and facilitate the rehabilitation and preservation of the historic landmark.
(b) 
Qualified Uses. To qualify as a historic landmark and be eligible for this permit, the property shall be:
(i) 
Eligible for placement or on the National Register of Historic Places; or
(ii) 
Recognized as being of historic significance by the Washington State Department of Archeology and Historical Preservation (DAHP); or,
(iii) 
Have local historic significance within Yakima County as documented by a qualified historian or the DAHP.
(c) 
Additional Requirements for Applications. Type 2 or 3 applications shall be accompanied by:
(i) 
A statement of the landmark's historic significance.
(ii) 
A description of the physical appearance and condition of the landmark.
(iii) 
A statement of need.
(iv) 
Plans and specifications drawn to scale, showing the actual shape and dimensions of the lot to be used.
(v) 
The sizes, shapes, dimensions and locations on the lot of all existing and any known previous structures.
(vi) 
The historic, present, and intended use of each structure.
(vii) 
The existing landscape and landscape features.
(viii) 
The relationship of the property to the surrounding area.
(ix) 
Black and white, 8 x 10 inch photographs of the exterior of the building, locations of required exterior alterations, and an explanation describing where the work is to be performed.
(x) 
Proposed interior alterations required for the allowable use shall be shown on floor plans and specifications drawn to scale, showing the shape, size and dimensions of all interior spaces.
(xi) 
Black and white 8 x 10 inch photographs of the interior architectural features, which shall show significant architectural features; a general feeling of the spaces; locations of required interior alterations with an explanation describing where the work is to be performed, and such other information as is needed to determine conformance with the comprehensive plan and this ordinance.
(d) 
Criteria for Approval. To approve a Historic Landmark Allowable Use Permit, the County must find all of the following:
(i) 
That the permit would be in conformance with the Comprehensive Plan.
(ii) 
That the existing zoning district's permitted uses do not allow the proposed use.
(iii) 
That the proposed use is appropriate and will assist in preserving the significant physical characteristics of the historic landmark.
(iv) 
That the physical changes necessary for the proposed use will not require substantial alteration, thus diminishing the historic significance of the historic landmark.
(2) 
The County may require the historic landmark owner and permit holder to follow The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, U.S. Department of the Interior, National Park Service, Washington, D.C., for the restoration and adaptive use of the historic structure.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.240 Home Businesses.

(1) 
Legislative Intent. A business within a single-family dwelling or accessory dwelling unit may be permitted under this Section. It is the intent of this Section to:
(a) 
Ensure the compatibility of the home businesses with other uses permitted in the particular districts;
(b) 
Maintain and preserve the character of residential neighborhoods;
(c) 
Provide for a distinction between home businesses not subject to review and those that are minor and major home businesses; and
(d) 
Promote the efficient use of public services and facilities by assuring these services are provided to the residential population for which they were planned and constructed, rather than commercial uses.
(2) 
Standards. Minor and major home businesses, as defined in Section 19.01.070, shall be subject to the following:
(a) 
Use Type.
(i) 
Minor home businesses are limited to those of a service character (typified by uses similar to one-chair beauty salon, one-table licensed massage therapist, caterer, mail-order business, etc.) but may include retail sales directly related to the home business.
(ii) 
Major home businesses may include services, small-scale retail sales of products, mail-order businesses and storage of materials associated therewith. Major home businesses located outside of Urban Growth Areas and the RT and RS zoning districts may also include small-scale manufacturing, assembly, or repair operations.
(b) 
Who May Conduct Business.
(i) 
Minor home businesses shall only be conducted by members of the family residing in the dwelling.
(ii) 
Major home businesses shall be conducted by members of a family residing in the dwelling, except the Reviewing Official may authorize the family to employ no more than two non-resident individuals to assist with the home business.
(c) 
Business Conducted within Dwelling.
(i) 
Minor home businesses shall be conducted within the dwelling unit and/or attached garage. The floor area devoted to the home business shall not exceed 30% of the floor area of the home and attached garage.
(ii) 
A major home business may be conducted within a single-family dwelling, two-family dwelling, attached or detached garage, or an accessory structure only. The floor area devoted to the home business shall not exceed:
(A) 
30% of the floor area of the home and garage in Urban Growth Areas and RT and RS zones; or
(B) 
30% of the floor area of the home, garage and accessory structure outside of Urban Growth Areas and RT and RS zones. The outward appearance and scale of any accessory structure shall be secondary and subordinate to the primary use of the property and the purpose of the zoning district.
(d) 
Outdoor Storage Prohibited. There shall be no outside storage of materials, supplies, or display of goods or equipment of any kind related to the home business, except:
(i) 
One commercial vehicle as it pertains to a minor home business; or
(ii) 
Employee parking and one commercial vehicle as it pertains to a major home business.
(e) 
Location and Number of Parking Spaces. Any need for any customer parking created by the home business, and for any employees if a major home business, shall be provided in a location so as to preserve the property's residential character, including on or off-street, or in a location other than the required front yard setback, as approved by the Reviewing Official; provided, that a home business shall not be approved if it generates a need for additional parking spaces, exclusive of those necessary to serve other land uses on site, for customers (and/or employees) in excess of:
(i) 
Two additional parking spaces for a minor home business; or
(ii) 
Two additional parking spaces for a major home business within Urban Growth Areas and RT and RS zones; or
(iii) 
Four additional parking spaces for a major home business outside of Urban Growth Areas and RT and RS zones.
(f) 
Exterior Appearance, Emissions and Character. There shall be no exterior evidence of the major or minor home business, other than a permitted sign and allowed vehicles for deliveries, employees (if a major home business), and customers, that would cause the premises to differ from its residential character: e.g., outward physical appearance, including commercial accessibility; lighting; the generation/emission of noise, fumes, or vibrations as determined by the Reviewing Official using normal senses and from any lot line; create visible or audible interference in radio or television reception or cause fluctuations in line voltage outside the home business. Photos of the home's full exterior appearance shall be submitted with each home business application to document the home's appearance prior to establishment of a home business.
(g) 
Water and Sewer Use. The home business shall not increase water or sewer use so the combined total use for the dwelling and home business is significantly more than the average for residences in the neighborhood.
(h) 
Restricted Hours for Deliveries. No deliveries or customers, by motor vehicle, shall occur between the hours of 8:00 p.m. and 7:00 a.m.
(i) 
Sign Area. Signage shall be limited to one nameplate of up to two square feet in the Urban Growth Area, RT, and RS zones, and up to eight square feet in other zones.
(j) 
Business Not Transferable to Future Property Owners. Approval of a home business shall benefit only the individuals making the application and shall not be transferable to future property owners. Further continuation of the home business shall be subject to new review upon property transfer.
(3) 
Minor Home Businesses Not Subject to Review. Minor home businesses that are limited to those of a home office character (typified by uses similar to an accountant, tax preparer, business administration) are not subject to Type 1 Review if they meet the standards listed in Subsection (2) above.
(4) 
Uses Not Permitted as Home Businesses. The following uses, by the nature of their operation or investment, have a pronounced tendency, once started, to increase beyond the limits permitted for home businesses, interfere with or impair the use and value of adjoining properties, or violate the restriction of no exterior evidence (e.g., outward physical appearance; outside storage of materials, supplies or vehicles; generate noise, dust, fumes, odors, electrical interference, vibrations, excessive traffic, etc.). Therefore, the uses listed below shall not be permitted as home businesses:
(a) 
Adult entertainment facilities;
(b) 
Beauty salons and barber shops with more than one chair;
(c) 
Boarding or lodging houses;
(d) 
Churches;
(e) 
Construction contractors other than for home business administration under Subsection (3) above;
(f) 
Dry cleaning;
(g) 
Equipment rental businesses;
(h) 
Gift shops, craft stores, second hand stores, antique stores;
(i) 
Home businesses prohibited by covenants, conditions and restrictions (CC&Rs);
(j) 
Kennel, veterinary clinic; or hospital;
(k) 
Large item repair, including stoves, refrigerators, washers and dryers, etc.;
(l) 
Motor vehicle, trailer or boat maintenance, repair, detailing, painting, electronics installation and body shops;
(m) 
Overnight lodging facilities;
(n) 
Private clubs;
(o) 
Restaurants, taverns;
(p) 
Towing services;
(q) 
Trucking businesses or storage, except for the parking or storage of one commercial vehicle and trailer used solely by the owner/operator residing on the premises; provided that no refrigerator trucks shall be allowed;
(r) 
Uses using or storing highly explosive or combustible materials on the premises (not including ammunition associated with gunsmithing);
(s) 
Veterinary clinic; and
(t) 
Vehicle sign painting (except for airbrushing and applying decals).
(5) 
Uses Not Permitted as Home Businesses in Urban Growth Areas, RT, or RS Zones. In addition to the uses listed above, the following uses have characteristics that would impair the use and value of a residentially zoned area for residential purposes. Therefore, the uses listed below shall not be permitted as home businesses within Urban Growth Areas or areas zoned Rural Transitional or Rural Settlement:
(a) 
Cabinet making, wood furniture repair and refinishing, woodworking or carpentry shops;
(b) 
Health salons, spas, gymnasiums, martial arts schools, dance studios, aerobic exercise studios;
(c) 
Machine and sheet metal shops;
(d) 
Taxidermist;
(e) 
Upholstering; and
(f) 
Firearms sales, except orders by mail, and/or gunsmiths.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.250 Kennels.

(1) 
Legislative Intent. This Section provides such standards to allow the location of commercial and foster shelter kennels within Yakima County land use jurisdiction. These standards apply to all zones that allow commercial and foster shelter kennels.
(2) 
Applicability. This Section applies to commercial and foster shelter kennel facilities for more than six dogs. Kennels defined by YCC Subsection 8.36.020(12), including commercial and foster shelter kennels for more than six dogs, and hobby kennels for ten or fewer adult dogs, are subject to an additional kennel license required by Yakima County Sheriff – Animal Control. All kennels of whatever size shall be operated in compliance with Yakima County Code public nuisance and noise codes.
(3) 
Standards Applicable to Commercial and Foster Shelter Kennels.
(a) 
The applicant/owner demonstrates compliance with all applicable dimensional standards of federal, state and local statutes (RCW 16.52.310, YCC Chapter 8.36) including public nuisance YCC Chapter 6.20 and noise codes (YCC Chapter 6.28).
(b) 
The structures and outside runs or areas, when allowed, housing the animals shall be at least 200 feet from any dwelling (other than the dwelling of the owner) and more than fifty feet from any property line.
(c) 
Outside runs or areas, where permitted, are enclosed by a solid fence or wall that will abate noise and area landscaped to a Standard C visual screen as set forth in Chapter 19.21.
(d) 
In the B-2 and GC zones adjacent to residential uses and districts (RT, SR, R-1, R-2, R-3), animals are to be continuously within a soundproof building.
(e) 
Indoor sleeping areas are to be provided for animals within a completely enclosed structure during the hours of 9:00 pm to 7:00 am.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.260 Linear Transmission Facilities.

(1) 
Legislative Intent. This Chapter establishes standards and criteria for development and expansion of linear transmission facilities and accessory uses. The purpose is to achieve a predictable, but sensitive permitting process that effectively and efficiently addresses project impacts. Specifically, these standards and criteria are provided to:
(a) 
Assure that each linear transmission facility project will be subjected to individualized review and the imposition of conditions will be based on site specific information;
(b) 
Ensure uniform, coordinated development of linear transmission facility operations and to ensure the general health, welfare and safety of the residents that may be located within the impact areas of the operations developed under these standards.
(2) 
Applicability. Linear transmission facility operations are subject to the requirements of this Section in addition to the requirements of the zoning districts and other provisions of this Title.
(3) 
Application Requirements. In addition to the required application contents specified for Type 2 applications in Title 16B and Chapter 19.30, the applicant shall submit a supplement to the SEPA environmental checklist and other documents as follows:
(a) 
SEPA Checklist Requirements. The supplemental checklist shall (in addition to being consistent with the SEPA Checklist required under YCC Chapter 16.04) provide analysis of impacts to elements of the environment, as noted in the SEPA Checklist required by YCC Chapter 16.04 and WAC Chapter 197-11 and explain the mitigation proposed to minimize those impacts. Site specific studies, including but not limited to, impacts to habitat/wildlife (including avian impacts), a road impact assessment, cultural resource impacts, and a grading and stormwater management plan, complying with state best management practices stormwater quality standards, shall be attached to the supplemental checklist. All terrestrial habitat, critical area assessments, and cultural resource studies required shall be conducted within identified study corridors of sufficient width and dimension to enable comprehensive environmental assessment while allowing flexibility in the final layout.
(b) 
Site Plan Requirements. The supplemental checklist shall include sufficient information, including a preliminary site plan, to adequately describe the proposal and its impacts, including but not limited to, information on the total square footage of buildings to be constructed, probable sources/quantities of aggregate to be used in construction, the maximum height and number of transmission towers (etc.), expected noise generation levels, the length and width of new roads and the length of power lines, sources of water (for dust suppression, concrete batch plant, etc.) and transportation impacts. Survey corridor locations shall be described and included on the site plan.
(c) 
SEPA Checklist if EIS Has Been Prepared. Where the applicant is required to prepare an Environmental Impact Statement (EIS), the supplemental checklist may not be required, as this information may be provided as part of the EIS.
(d) 
EIS Documentation. If an EIS has been prepared under NEPA, the applicant shall document the sufficiency of that EIS's compliance with the requirements of this Title and YCC Chapter 16.04. Nothing in this Section shall preclude the SEPA Responsible Official from requiring additional studies or supplemental documentation to describe or mitigate potentially significant adverse environmental impacts.
(e) 
Determination of Application Completeness. An application for review under this Chapter shall not be deemed complete until the identified reports are provided. Upon a clear showing by the applicant that a study is not applicable or is unnecessary, the Administrative Official/SEPA Responsible Official may waive specific application requirements. Such a determination shall be documented in writing in the project file.
(4) 
Review Process for Linear Transmission Facilities. The review process for linear transmission facilities shall be as listed in the Allowable Land Use Table 19.14-1 in Chapter 19.14 and as follows:
(a) 
Pre-application Conference Required. A pre-application conference as described in YCC Title 16B is required prior to applying for linear transmission facilities. Pre-application conferences for linear transmission facilities are required prior to the community meeting described in Subsection 19.18.260(4)(b) below. The submittal requirements for pre-application conferences shall include a site plan of the entire project, a written narrative describing the proposal, draft environmental checklist, other information as specified by the Administrative Official, and any additional information that the applicant wishes to provide.
(b) 
Community Meeting Required.
(i) 
Prior to application submittal for linear transmission facilities, the applicant shall conduct a community meeting to discuss the proposal to ensure that potential applicants pursue early and effective citizen participation in conjunction with their proposal, giving the project proponent the opportunity to understand and try to mitigate any real and perceived impact their proposal may have on the neighborhood and ensure that the citizens and property owners of the area have an adequate opportunity to learn about the proposal that may affect them and to work with project proponents to resolve concerns at an early stage of the application process. The community meeting may be combined with other required public meetings. The community meeting shall meet the following requirements:
(A) 
Notice of the community meeting shall be provided by the applicant by first-class mail or postcard and shall include the date, time and location of the community meeting and a description of the project, zoning of the property, site and vicinity maps and the land use applications that would be required.
(B) 
The notice shall be provided at a minimum to property owners of real property, as listed on the most current Yakima County Assessor's records, located 660 feet from each side of the exterior limits of the Linear Transmission Facility, to interested or affected public agencies with jurisdiction, to affected Indian tribes, to cities and towns affected by the proposal, and to the Yakima County Planning Division.
(C) 
The notice for linear transmission facility proposals must be placed as a display ad in the Yakima Herald-Republic.
(D) 
The notice shall be postmarked ten to fourteen days prior to the community meeting.
(E) 
The community meeting shall be held within the geographic boundary of Yakima County.
(F) 
The community meeting shall be held anytime between the hours of 5:30 and 9:30 p.m. on weekdays or anytime between the hours of 9:00 a.m. and 9:00 p.m. on weekends.
(G) 
The community meeting agenda shall cover the following items: 1. introduction of community meeting organizer (i.e., developer, property owner, etc.); 2. description of proposed project; 3. list of permits that are anticipated for the project; 4. description of how comments made at the community meeting are used; 5. provide meeting attendees with the County's contact information; and 6. provide a sign-up sheet for attendees.
(ii) 
The applicant shall provide to the Planning Division a written summary of the community meeting prior to application submittal. The summary shall include:
(A) 
A copy of the mailed and published notice of the community meeting with a mailing list of property owners notified.
(B) 
Who attended the meeting (list of persons and their addresses).
(C) 
A summary of concerns, issues, and problems expressed during the meeting.
(D) 
A summary of concerns, issues, and problems the applicant is unwilling or unable to address and why.
(E) 
A summary of proposed modifications, or site plan revisions, addressing concerns expressed at the meeting.
(iii) 
The applicant shall post online and send electronically the summary of the community meeting to those who attended the community meeting, signed in and provided a legible email address and provide Yakima County with proof of the web posting and a list of email recipients. Attendees without email access may request the summary of the meeting by mail.
(c) 
Type 2 Review. Review of applications for linear transmission facilities shall be according to the procedures for Type 2 review as provided by Section 19.30.030 and YCC Section 16B.03.030 and:
(i) 
Following a pre-application conference and a community meeting the applicant may apply under this Chapter and this code.
(ii) 
Notice of the proposal shall be sent to all property owners located 660 feet from either side of the exterior limits of the Linear Transmission Facility.
(iii) 
Type 2 review of an application may be conducted with SEPA. The Administrative Official shall require necessary safeguards, conditions and SEPA mitigation to ensure the project complies with the Comprehensive Plan policy, this Title and other regulations.
(d) 
Micro-siting. Actual final locations of all applicable linear facilities shall be established during the micro-siting process, occurring after project permit approval and prior to or during actual construction. During the micro-siting process (when the final, exact locations of the applicable facilities and other project elements and equipment are determined) the applicant shall provide information regarding several technical and engineering factors, including, as applicable:
(i) 
Limitations imposed by the terrain, feasibility of access, setbacks (internally established or based on permit requirements),
(ii) 
Geotechnical considerations (subsurface conditions),
(iii) 
Environmental restrictions (avoidance of sensitive habitat),
(iv) 
Inadvertent Discovery Plan, under Subsection 19.18.260(7)(i) below,
(v) 
On-site Health and Safety Plan and Spill Prevention/Emergency Cleanup Plan, under Subsection 19.18.260(7)(l) below,
(vi) 
Road Impact Assessment, under Subsection 19.18.260(7)(m) below,
(vii) 
Cultural/archaeological restrictions,
(viii) 
Telecommunications constraints (line of sight microwave paths),
(ix) 
FAA requirements, and
(x) 
Other site-specific studies as determined by the Administrative Official.
The Administrative Official shall review final project lay-out prior to construction activities occurring. If the linear transmission facility extends beyond the initial corridors approved in the preliminary approval, before completing review, the Administrative Official shall provide at least two weeks' notice to parties who have requested notice regarding the project. The lay-out must be consistent with the permit conditions and all other applicable County requirements.
(e) 
Minor Revisions. The Administrative Official may approve minor revisions, as defined in Section 19.01.070, to the Type 2 decision text or project area. Minor revisions include adding property to a project which does not realign the corridor or increase the permitted project area by ten percent. A survey may be required to confirm the acreage. Any minor revision that involves expansion or realignment of the project area, which may impact wildlife/habitat values shall include WDFW consultation.
(f) 
Final Operational Layout Review Required.
(i) 
It is the affirmative duty of a project permit holder and the land owner to comply with any safeguards and conditions made a part of the terms under which approving a project permit was granted as authorized by this Title.
(ii) 
The Administrative Official shall review final linear facility operational layouts prior to issuance of building permits to ensure compliance with permit conditions. When the safeguards and conditions of the project permit have been met within the timeframe specified by the decision and any subsequent extension authorized by this Title, the Administrative Official shall issue a letter documenting operational layout review compliance.
(iii) 
No development permit may be issued without a final operational layout review issued by the Administrative Official, which may include by reference or otherwise, any terms and conditions of approval for the project with any approved final site plan. No linear transmission facility shall be entitled to a development permit until and unless the Administrative Official approves a final site plan. The final operational layout review is not a building or development permit and does not by itself authorize the construction or occupancy of any use or structure.
(5) 
Review Criteria.
(a) 
The Reviewing Official shall only approve applications for linear transmission facilities that meet all of the following criteria. Linear transmission facilities shall:
(i) 
Be designed to serve a broader community or regional area or to increase reliability or capacity to customers;
(ii) 
Accommodate the anticipated type and level of traffic for the construction and maintenance of the linear transmission facility project by ensuring state and local transportation systems and private access and service road(s) are adequate;
(iii) 
Be compatible with existing or planned land use patterns in the area;
(iv) 
Demonstrate the need for the location proposed to the satisfaction of the Administrative Official, including a full accounting of alternative locations and sites;
(v) 
Certify compliance with all Federal Energy Regulatory Commission (FERC) requirements and the National Electrical Safety Code (NESC) requirements;
(vi) 
Comply with the requirements of Subsection 19.18.260(7), Basic Standards of Operation; and
(vii) 
Incorporate measures identified through environmental review to mitigate impacts as follows:
(A) 
The applicant shall evaluate the physical, economic and aesthetic impacts of such facilities and measures, to mitigate these impacts provided and implemented;
(B) 
Incorporate project specific mitigation measures and conditions to mitigate adverse project impacts. The conditions and mitigation measures shall be based on site specific studies provided by the applicant and other relevant environmental review;
(C) 
Conditions shall be designed to address each element of the environment discussed in the supplement to the environmental checklist (or EIS), including but not limited to, surface/groundwater; plants; habitat/wildlife (including avian impacts); cultural resources; health and safety; and traffic/transportation.
(6) 
Lot size/Right of Way. Minimum lot size or right of way for establishing a linear transmission facility operation shall be sufficient to demonstrate the following:
(a) 
The linear transmission facilities shown on the site plan and allowed by this Chapter may be accommodated on the lot, or contiguous lots;
(b) 
The applicant shall secure the necessary property or right-of-way to assure for the proper construction, maintenance, and general safety of properties adjoining the linear transmission facility;
(c) 
Sufficient right of way is acquired to accommodate the linear transmission facility to maintain minimum National Electrical Safety Code (NESC) and Federal Energy Regulatory Commission (FERC) clearances;
(d) 
Where practical and feasible, developers should use common/adjacent transmission easements and facilities.
(7) 
Basic Standards of Operation. All linear transmission facilities authorized by this Chapter must conform to the following standards:
(a) 
Site Plan. Linear transmission facility operations shall be conducted under an approved site plan as indicated in the application requirements in Subsection 19.18.260(3) above and conditions of permit approval. The site plan shall indicate the following:
(i) 
Existing features such as contours, large trees, buildings, structures, roads (rights-of-way), utility easements, land use, zoning district, ownership of property, and vehicular access;
(ii) 
The location of proposed transmission towers, underground and overhead conductors (including the depth of underground conductors), access roads (including width), substations and accessory structures;
(iii) 
Excluded areas resulting from critical area buffers or other setbacks and other requirements of local, state or federal law that may impact the proposal;
(iv) 
A description of the routes to be used by construction and delivery vehicles and of any road improvements that will be necessary in the County to accommodate construction vehicles, equipment or other deliveries, caused by construction of the linear transmission facility operation;
(v) 
Engineering and design information concerning construction of the facility and its foundation;
(vi) 
Anticipated construction schedule; and
(vii) 
Description of operations, including anticipated regular and unscheduled maintenance.
(b) 
Responsible Party. The owner and operator of the facilities shall be held responsible for compliance with this Title. The owner and operator of the facilities shall be required to maintain in the County's file a designated agent residing within Washington State to receive notice in compliance matters and to address complaints.
(c) 
Water Quality. Linear transmission facility operations shall be operated in compliance with all local, state and federal water quality regulations.
(d) 
Air Quality. Linear transmission facility operations shall be operated in compliance with all local, state and federal air quality regulations.
(i) 
Re-vegetate any disturbed areas not permanently occupied by the project features;
(ii) 
Maintain a water truck on-site during construction for dust suppression;
(iii) 
Control, to the greatest extent practicable, the emission of gases or matter odorous at any point beyond the property line of the use emitting the odor shall be controlled to the greatest extent practicable, as may be usual and customary for the specific use or industry; and
(iv) 
Comply with the Washington State Department of Ecology or Yakima Regional Clean Air Agency requirements.
(e) 
Noise.
(i) 
Maintain sound levels at project boundaries under the maximum levels for the adjacent receiving properties based on the receiving properties' environmental designation for noise abatement per WAC 173-60; and
(ii) 
Comply with applicable state and federal noise control regulations and YCC Title 6.28.
(f) 
Vegetation and Wildlife.
(i) 
Limit construction disturbance by flagging the limits of construction and conduct ongoing environmental monitoring during construction to assure that flagged areas are avoided;
(ii) 
Projects located within agricultural areas must develop and utilize a reseeding/restoration and weed management plan in consultation with the Washington State or Yakima County Noxious Weed Control Board during construction of the project; and
(iii) 
Overhead collector lines and transmission lines (defined in Section 19.01.070) should be constructed consistently with the existing Avian Power Line Interaction Committee (APLIC) recommendations for raptor protection on power lines (including minimum conductor spacing and the use of anti-perch guards).
(g) 
Critical Areas and Shorelines. Structural foundations and towers shall be designed under National Electrical Safety Code (NESC), YCC Title 16C and, as applicable, YCC Title 16D.
(h) 
Water Resources. Water availability shall be demonstrated as needed for the project. For all projects, water required for onsite use shall be obtained under state and local requirements.
(i) 
Cultural Resources.
(i) 
Complete a cultural resource survey of areas of the project site that will be disturbed temporarily or permanently. The cultural resource survey shall be submitted to the County Planning Division and the Washington State Department of Archaeology and Historic Preservation for review at least sixty days prior to any kind of land disturbing activities;
(ii) 
During construction, flag and avoid cultural resources, and monitor construction activities to ensure all cultural properties are avoided;
(iii) 
An approved Inadvertent Discovery Plan (IDP) shall be prepared for each project. The IDP will outline the procedures to be followed in the case of inadvertent archaeological finds and/or human remains. The IDP shall include training for construction workers on the need to avoid cultural properties and procedures to follow if previously unidentified cultural properties, including Indian graves, are encountered during construction; and
(iv) 
If any previously unidentified cultural resource properties are encountered during construction, cease construction activities in the immediate vicinity of the site pending evaluation by a professional archeologist and consultation with the County Planning Division and the Washington State Department of Archaeology and Historic Preservation to identify appropriate mitigation measures such as avoidance or scientific data recovery.
(j) 
Setbacks.
(i) 
Linear transmission facilities shall observe the minimum setbacks allowed through the National Electrical Safety Code (NESC) and the Federal Energy Regulatory Commission (FERC). Additional setback distance may be required for addressing public safety or based upon other project impacts, as determined by the Reviewing Official as a result of the environmental review. Substations, transformers, and other components of linear transmission facilities shall be subject to greater setbacks as determined necessary to provide compatibility with existing uses.
(ii) 
Especially Sensitive Land Uses shall observe the following minimum setbacks.
(A) 
Construction or expansion of Especially Sensitive Land Uses shall be setback a minimum of 25 feet from the edge of the linear transmission facility easement.
(B) 
Additional setback distance may be required for Especially Sensitive Land Uses to address public safety or based upon project impacts, as determined by the Reviewing Official as a result of the application review.
(iii) 
The Administrative Official may reduce the setback due to site-specific conditions and an applicant's demonstration that the purpose of this Section will be met.
(iv) 
If the Administrative Official reduces the setback, the following applies:
(A) 
The setback shall be a minimum of 30 feet from the nearest linear transmission facility and shall comply with applicable National Electrical Safety Code (NESC) and Federal Energy Regulatory Commission (FERC) setback requirements.
(B) 
The setback shall be measured from the nearest edge of the linear transmission facility.
(C) 
Applicants shall show the location of a linear transmission facility and setbacks on site plans and subdivision plats.
(v) 
Setback Protection. Setbacks shall be identified and protected during construction of Especially Sensitive Land Uses by placement of a temporary barricade and on-site notices. Barricades and on-site notices are subject to review by the Building Official.
(vi) 
As a condition of any relief granted under this Section, the applicant shall be required to record a declarative covenant notifying all subsequent purchasers that a lesser setback from the linear transmission facility has been approved and of any and all conditions placed on the grant of relief.
(k) 
Height Limits. Height limits are not set for utility towers and transmission lines. However, the County may place reasonable limitations on height (or impose other alternative mitigation) to mitigate impacts to existing uses or if necessary to address impacts to public safety.
(l) 
Public Safety.
(i) 
The applicant shall develop and maintain an On-Site Health and Safety Plan that informs and trains employees and others on site what to do in case of emergencies, including the locations of fire extinguishers and nearby hospitals, telephone numbers for emergency responders, first aid techniques, and other safety procedures and information.
(ii) 
For projects in which hazardous substances are stored or used, a Spill Prevention and Emergency Cleanup Plan will be designed to assist on-site workers with accidental releases. Any large spill will require emergency response through the local fire department or designated contractor.
(iii) 
Signs warning of electrical dangers with emergency contact numbers (e.g. phone numbers of emergency responders) must be posted in compliance with all applicable standards.
(m) 
Roads.
(i) 
When required, a Road Impact Assessment shall be prepared by an independent qualified consultant selected by Yakima County and paid for by the applicant for roads to be used by the project. The Assessment shall include an analysis of project-related traffic routes to be used during phases of construction, project operation and decommissioning (i.e. traffic volumes, weights, frequency, time of year of use, etc.); the Plan shall include an assessment of existing road conditions (e.g. pavement width, intersection designs, subgrade condition, surface conditions, existing traffic use/volumes). The Assessment should also address project-related developments of new surface aggregate mines and batch plants necessary for road construction.
(ii) 
A Road Haul Agreement addressing impacts to county-maintained roads may be prepared in consultation with the County Engineer and approved prior to preliminary approval.
(n) 
Requirements for Land Use Compatibility within Liquid or Gas Pipeline Corridors.
(i) 
Especially Sensitive Land Uses. New and expanded Especially Sensitive Land Uses, proposed for location within 500 feet of a liquid or gas pipeline corridor shall at a minimum be designed by a qualified design professional to avoid increasing the level of risk if a pipeline failure occurs, and where feasible, reduce the risk compared to the existing development (see Section 19.18.205).
(ii) 
Other Development. Applicants for the following types of new or expanded development in Urban Growth Areas, RT and RS zoning districts shall use appropriate mitigation measures to help reduce adverse public safety impacts if a pipeline failure occurs:
(A) 
Commercial or industrial.
(B) 
Especially Sensitive Land Uses proposed for locations not covered by Subsection 19.18.260(7)(n)(i) above.
(C) 
Other use developments as required by the Administrative Official that, because of proximity to a liquid or gas pipeline corridor, pose a safety concern due to characteristics of the occupants, development, or site.
(iii) 
Mitigation measures intended to reduce risk and minimize impact if a pipeline failure occurs, include but are not limited to:
(A) 
Site and building design techniques such as maximizing the distance between new or expanded development and anticipated flow paths for leaking hazardous materials and controlling ignition sources.
(B) 
Emergency procedures such as emergency plans and guides, employee training and drills, and education programs for occupants and employees concerning pipeline safety, such as what to be aware of and how to respond if a problem occurs.
1. 
Applicants shall consult with the Fire Marshal regarding the level of emergency planning and procedures appropriate for the proposed development. Based on the nature, occupancy, or location of a proposed development, the Yakima County Fire Marshal may require emergency plans and procedures for any occupancy classifications.
2. 
Emergency plans and procedures shall be consistent with the Yakima County Fire Code and shall be approved by the Yakima County Fire Marshal.
(8) 
Compliance with Project Conditions.
(a) 
Compliance with project conditions and code requirements is required.
(b) 
A written request may be filed with the Administrative Official prior to the expiration date for extension of the time specified in the project permit as set forth in YCC Section 16B.07.050 and Chapter 19.30.
(c) 
A request to transfer a linear transmission facility development authorization to a new permit holder requires confirmation of compliance with project conditions, and may require re-execution of agreements or other documents entered into during and after project permitting to address impacts or related issues.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.270 Manufactured Homes Regulated for Purposes of Siting as Site-Built Homes.

Manufactured homes that comply with the following five requirements may be sited in the same manner, and subject to the same conditions, as a site-built home, notwithstanding any other requirements of this Title as authorized by RCW 36.01.225. The manufactured home shall be:
(1) 
A new manufactured home not been previously titled to a retail purchaser and is not a "used mobile home" as defined in RCW 82.45.032(2);
(2) 
Set upon a permanent foundation (same as pit set), as specified by Yakima County, and the space from the bottom of the home to the ground is enclosed by concrete, approved concrete product, or other product with equivalent compatibility approved by the Building Official, which can either be load bearing or decorative;
(3) 
In compliance with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located;
(4) 
Thermally equivalent to the state energy code; and
(5) 
In compliance with all other requirements for a designated manufactured home as defined by RCW 35.63.160.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.280 Manufactured/Mobile Home Park Standards.

(1) 
Legislative Intent. This Section establishes standards and criteria for development and expansion of mobile/manufactured home parks within Yakima County. These standards are provided to ensure uniform, coordinated development of mobile/manufactured home parks and to ensure the general health, welfare and safety of the occupants of mobile/manufactured homes that may be located within a park developed under these standards.
(2) 
Approval Process. Proposed new or expanded mobile/manufactured home parks shall be subject to Type 2 binding site plan review under Chapter 19.34 and a Type 2 or higher review as indicated for the Allowable Land Use Table 19.14-1 in Chapter 19.14.
(3) 
Development Standards. All mobile/manufactured home parks shall be developed in compliance with the underlying zoning district and shall comply with this Section. The density of a park or park expansion shall not exceed the density of the underlying zoning district. All required site improvements shall be installed prior to placement of units in the park. Additional site improvements may be required by the Reviewing Official.
(a) 
Minimum Space Size and Width. The minimum space size and width for a mobile/manufactured home park exclusive of streets shall meet the lot size, lot width and all other standards for detached single-family dwellings, as indicated in Chapters 19.11 through 19.13 of this Title, as if the spaces were lots. Space size may be reduced with the provision of improvements in accordance with the following:
(i) 
Provision of Recreational Areas. Space size requirements of the underlying district may be reduced by a maximum of ten percent with the provision of a developed recreational area for use by the residents. The area shall be suitable for active recreation and shall consist of a minimum of ten percent of the park area and shall be exclusive of the play area requirement under Subsection 19.18.280(4)(m)(i) below.
(ii) 
Provision of Sidewalks. Space size requirements of the underlying district may be reduced by a maximum of ten percent with the provision of sidewalks a minimum of four feet in width, serving at least one side of each street and all recreational areas with access to the street providing access to the development.
(iii) 
Provision of Curbs, Gutters and Sidewalks. Space size requirements of the underlying district may be reduced by a maximum of ten percent with the provision of curbs, gutters and sidewalks on both sides of the street.
(iv) 
Cumulative Space Size Reduction. Space size may be reduced up to 20% with the provision of any combination of items in Subsections (3)(a)(i) through (iii) of this Section.
(b) 
Street Connectivity. If determined by the County Engineer that the internal street design for the proposed mobile/manufactured home park would restrict or eliminate future county road connections he/she may require that the park's proposed internal streets be designed and constructed to allow for future street connectivity under the connectivity requirements of Chapter 19.23.
(c) 
Internal Street Paving. A minimum of 24 feet of paved internal street shall be required for access to each unit, paved under Chapter 19.23.
(d) 
Off-Street Parking. Two paved off-street parking spaces shall be provided for each unit under this Title and Chapter 19.22. Garages or carports, if provided shall be setback a minimum of 18 feet from the edge of the street or back of structure, sidewalks or pedestrian walkways.
(e) 
Street Lighting. A street light shall be provided at each street intersection within the park.
(f) 
Right-of-Way Dedication and Frontage Improvements. Appropriate provisions for right-of-way dedication and right-of-way improvements adjacent to the park shall be made, including street paving, sidewalks, curbs, gutters, and street lighting. Improvements shall be installed prior to placement of units in the park, unless an appropriate bond or instrument acceptable to the County is provided to guarantee installation of improvements. All other development standards of this Title or regulations adopted by County, City or State, when applicable, (e.g. Chapter 19.23) shall be met, except when installation of permanent improvements would likely result in unnecessary future public cost; in which case the developer may be required to place a proportional share of funds in escrow to be applied to the future improvements.
(g) 
Street Signs and Internal Directional Signs. All streets within the park shall be named utilizing street signs consistent with Yakima County standards. Internal directional signs indicating unit/space numbers shall be placed on all street intersections within the park.
(h) 
Utilities. All utilities, including irrigation and domestic water and sewer, shall be installed prior to placement of units in the park. All utilities, including electrical distribution, telephone, and cable TV, shall be installed underground. The internal water system shall include fire hydrants located at the direction of the Fire Marshal.
(i) 
Minimum Unit Separation. Units shall be separated by a minimum of ten feet, measured from the furthest extremity of each unit, including stairways.
(j) 
Perimeter Site-Screening and Landscaping. The perimeter of a park shall be site-screened with a Standard C Visual Screen under Chapter 19.21 or a six-foot-high, decorative fence in combination with a minimum a ten-foot-wide landscape strip adjacent to the street side of the fence and within the park consisting of a combination of shrubs, trees and groundcover. The Reviewing Official may require a higher screening standard as needed to resolve land-use compatibility questions or issues of record. Trees shall be planted no more than thirty feet apart.
(k) 
Stormwater Drainage. All stormwater drainage shall be retained on site, and a drainage plan shall be approved by the County.
(l) 
Dumpsters/Solid Waste Containers. Dumpsters and solid waste containers shall be provided for common use.
(m) 
Play Area Requirement.
(i) 
Each unit shall provide a play area for children contained within the unit's space, consisting of a minimum size of 600 square feet and a minimum width of 15 feet.
(ii) 
For developments that provide a common recreational area of a minimum of 400 square feet per unit, each space shall provide a minimum of 200 square feet of outdoor living area per unit.
(4) 
Maintenance of Common Areas, Landscaping and Open Space/Recreational Areas. All common areas and facilities, including streets, walkways, utilities, landscaping, storage areas, open space and recreational areas, shall be continuously maintained in good condition by the park owner or designated homeowner's association. An irrigation system shall be installed for maintenance of landscaping and recreational/open space areas that would normally require irrigation.
(5) 
Development under Planned Development Provisions of this Title. Development of a manufactured/mobile home park may be accomplished under the planned development provisions of this Title.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.290 Manufactured/Mobile Home Placement.

(1) 
Legislative Intent. These provisions are intended to assure the siting of manufactured/mobile homes is compatible with surrounding residential uses and preserves the general character and integrity of urban and rural neighborhoods. In addition to the specific regulations within each use district of this Title, the following regulations shall apply to placing all manufactured homes and mobile homes:
(2) 
General Requirements for Mobile Homes and Manufactured Homes Not Meeting Section 19.18.270. All mobile and manufactured homes, other than designated manufactured homes meeting Section 19.18.270, shall:
(a) 
Have permanent steps or inclined plains affixed to all entrances;
(b) 
Maintain a minimum crawl space of 18 inches under the entire unit;
(c) 
Have permanent skirting or sidewalls installed to enclose all areas between the lower edge of the outside walls and the ground;
(d) 
Be placed and anchored per the manufacturer's installation instructions or per the design of a professional engineer or architect licensed in Washington {WAC 296-150M-610 (1)(C)};
(e) 
Have the tow tongue and axles removed.
(3) 
Siting Requirements Outside Manufactured Home Parks. Manufactured homes shall also be required to meet the four siting requirements listed below, unless the home is being located in a manufactured/mobile home park:
(a) 
Roof slope shall be not less than a two-foot rise for each 12 feet of horizontal run.
(b) 
Roofing materials shall be compatible in appearance with surrounding site-built homes, and consistent with fire safety standards.
(c) 
Siding materials shall be wood, masonite, or other material compatible with surrounding site-built homes.
(d) 
Pit Set. Except in floodplains, manufactured homes shall be "pit set", with the bottom of the floor joist or frame no more than 12 inches above finished grade. The pit shall be of sufficient depth to accommodate an 18 inch clearance below the frame of the unit with crawl space access located near utility connections.
(4) 
Replacement of a Nonconforming Mobile Home on an Individual Lot with a Manufactured Home.
(a) 
A nonconforming mobile home, not within a mobile/manufactured home park, may only be replaced with a manufactured home. Replacement of a nonconforming mobile home with another mobile home is not allowed under this Title.
(b) 
Type 1 review shall be used to replace a nonconforming mobile home with a manufactured home.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.300 Manufactured Modular Nonresidential Structures ("Commercial Coaches") Placement.

(1) 
Legislative Intent. To assure public safety and compatibility with the general character and integrity of the district.
(2) 
Standards. Modular, non-residential structures, manufactured with the intent of being transported to a fixed site and built under YCC Title 13, may be allowed in all districts, subject to compliance with other standards of the district and the following:
(a) 
Documentation showing proof that the Washington State Department of Labor and Industries has inspected and approved the structure as a commercial coach (RCW 43.22.340);
(b) 
May not be used for single-family dwelling;
(c) 
Does not constitute a cargo container.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.310 Mining.

Mining can occur in areas zoned Mining (MIN) or as a use in the Allowable Land Use Table 19.14-1 in Chapter 19.14.
(1) 
Submittal. An application for review under this Section shall follow the requirements of Chapter 19.30.
(2) 
Notification. When establishing a MIN zone or the review of a Type 1, 2 or 3 mining use or mining site/operations plan, the notice of the proposal shall be sent to agencies with expertise or jurisdiction, to property owners within one-half mile of the property, or any contiguous properties under the same mining operation, and to owners adjacent to any private access roads that would serve as haul roads in the manner provided in YCC Section 16B.05.030.
(3) 
Review Criteria. The establishment of this zoning district or the review of a Type 1, 2 or 3 mining use or mining site/operations plan shall consider the following:
(a) 
Confirmed presence of large volumes of high-quality, mineral resource deposits that will sustain an operation over a long term.
(b) 
Adequacy of state and local transportation systems, and private access and haul road(s), to accommodate heavy equipment and truck traffic.
(c) 
Compatibility with existing or planned land use patterns in the area.
(d) 
Presence of fish and wildlife habitat, hydrologically related critical areas.
(e) 
Impacts to air and water quality.
(f) 
Impacts identified through environmental review.
(g) 
Proximity to major transportation corridors and market areas.
(h) 
The requirements in Subsection 19.18.310(4) Basic Standards of Operation.
(4) 
Basic Standards of Operation. All mining operations must conform to the following standards; except as otherwise noted. Subsection 19.18.310(7) below shall be the process for revising the operational standards:
(a) 
Site Plan. Mining site/operations shall be conducted under an approved site plan and conditions of permit approval. The site plan shall indicate the location of all mining activities, including excavation, processing, stockpiling, batching, product manufacturing and sales areas, equipment maintenance and storage areas, and any excluded areas resulting from setbacks and other requirements of local, state or federal law.
(b) 
Responsible Party. The landowner and operator shall be held jointly responsible for compliance with this Title. If a permit is required for the activity, the landowner and operator shall be required to provide to the County a written designation of an agent residing within the County to receive notice in compliance matters.
(c) 
Visual Impact.
(i) 
Existing trees and other vegetation adjacent to any public park, residence, or Rural 5/10, RS, RT or urban residential zoning district shall be preserved for a minimum width of 25 feet.
(ii) 
If topography, existing trees or other vegetation cannot screen the site, the Reviewing Official may require additional screening in the form of a fence, wall, berm, or vegetation. Berms may be removed when authorized as part of a final reclamation plan.
(d) 
Water Quality. Mining site/operations shall be operated in compliance with all local, state and federal water quality regulations. The Reviewing Official may require from the operator/owner a detailed hydrological report and frequent groundwater monitoring to address any questions of compliance with these regulations. If any gravel mining operation causes the water quality of any domestic water supply to fail to meet the drinking water quality standards of WAC 246-290, as amended, the mine owner shall remedy the effect of the operation on the water supply through monetary payment to the water system owner, the provision of treatment methods and devices approved by the State Department of Health, or other correction of the specific water quality problem. This mitigation shall be approved by the Health District and the State Department of Health.
To preserve water quality, the Reviewing Official shall determine the minimum horizontal distance to be maintained between an excavation and any well used as a potable water supply in existence at the time of permit application. Location of wells in relation to the mine and groundwater flow direction and depth of excavation shall be considered in these determinations.
(e) 
Air Quality. Mining site/operations shall be operated in compliance with all local, state and federal air quality regulations.
(f) 
Setbacks. Each mining site/operation shall observe the following minimum setbacks, except where the operation is lawfully preexisting and encroachment within the prescribed setbacks has already occurred. However, further encroachment shall only be permitted by revision under Subsection 19.18.310(7) below.
(i) 
No extraction or removal of aggregate/minerals shall occur within 25 feet of any exterior property line abutting a public or private road.
(ii) 
Mineral processing and batching, and manufacturing and fabricating plants shall not occur within 500 feet of an existing residence not on the subject property or under the same ownership, or within 25 feet of any exterior property line, unless the adjacent property is also zoned Mining.
(iii) 
Mineral extraction shall not occur within 200 feet of an existing residence not on the subject property or under the same ownership, or within 25 feet of any exterior property line, unless the adjacent property is also zoned Mining.
(g) 
Landscaping and Screening. A berm around the perimeter of the site is required unless the operator can demonstrate that one is not necessary to mitigate noise and visual impacts. The side slopes of the berm shall not exceed 1.5:1 ratio. Berms shall be at least eight feet in height. The approval authority may reduce the required berm height below eight feet if resulting noise impacts will not exceed the applicable standard and any resulting visual impacts will be consistent with the purposes of this Chapter. Berms shall be planted and erosion control measures shall be taken as may be approved by the approval authority. Planting and berms shall begin at a point not closer to a street than the ultimate right-of-way line. The Reviewing Official may require additional planting under Chapter 19.21. The Reviewing Official shall consider site conditions, proximity to residential uses, and existing views from neighboring properties, in setting specific conditions for landscaping, screening and berming, including increased berm height.
(h) 
Hours of Operation.
(i) 
The MIN zoning district is typically not subject to restrictions on hours of operation, except as established through SEPA review.
(ii) 
The standard hours of operation for blasting shall be: 9:00 a.m. to 4:00 p.m., Monday through Friday, excluding New Year's Day, the Fourth of July, Labor Day, Thanksgiving and Christmas Day. Longer hours of operation for blasting may be requested at the time of initial application or later through the revision process of Subsection 19.18.310(7) below.
If there are residences located within one-half mile of the site, a property owner notification plan must be developed by the operator and filed with the Planning Division before blasting can occur. The operator/property owner shall be responsible for implementation of the blasting notification plan.
(iii) 
The hours of operation for mining activities located outside of the Mining zoning district shall be as follows:
(A) 
Equipment and vehicle maintenance and administrative activities – No restrictions on hours of operation;
(B) 
Mineral batching (defined in Section 19.01.070) – 6:00 a.m. to 6:00 p.m., daily;
(C) 
Excavation, hauling mineral products offsite, and mineral processing – 7:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 5:00 p.m. on Saturdays. None on New Year's Day, the Fourth of July, Labor Day, Thanksgiving and Christmas Day;
(iv) 
Longer hours of operation may be requested: at the time of initial application; under the revision process of Subsection 19.18.310(7) below; or through the processes of Subsections (A) and (B) below:
(A) 
The Reviewing Official may authorize an exemption from the standard operating hours for sites that are isolated, either due to remoteness or location surrounded by other resource, commercial or industrial land uses that effectively buffer the mining operations. Notice of requested exemptions from the standard hours of operation must be provided to property owners within one-half mile of the site, and to owners adjacent to private access roads that would serve as haul roads. A request for a public hearing may be made within 14 calendar days of mailing the notice. If no request for a public hearing is made, the operating hours can be changed. The County may, at any time, require resumption of standard operating hours for good cause as determined by the Reviewing Official, subject to appeal as provided in YCC Title 16B. If a request is made for a public hearing, the exemption request shall be considered by the Hearing Examiner at a public hearing. The scope of the hearing shall be restricted to the exemption request, unless a specific violation of operational standards or conditions of approval is documented by the County. Approving the exemption can be made contingent upon compliance with standards and conditions.
(B) 
The Reviewing Official may approve extended hours of operation beyond the established operating hours for short durations (not to exceed a consecutive four-week period) without a public hearing for a project directly related to public health, safety or welfare or for an emergency situation.
(i) 
Slopes and Grading. Excavations, both above and below water level, shall be maintained in an operationally and environmentally safe condition by complying with standards established by the Department of Natural Resources.
(j) 
Land Reclamation. A land owner or an operator of a mining site/operation shall, in advance of any extraction of materials, prepare and submit a reclamation plan under the requirements of the Department of Natural Resources (DNR), or to the satisfaction of the Reviewing Official using DNR standards if the site is not subject to a DNR permit. Reclamation must return the land to a state compatible with the land uses identified by the Comprehensive Plan, or conform to stipulated environmental mitigation. Sites to be operated for more than five years shall conduct phased or segmented reclamation, unless determined to be unfeasible by DNR and the Reviewing Official.
(k) 
Nuisance Mitigation. Uses within this zoning district shall be maintained and operated consistent with the purpose of this Title and the Comprehensive Plan. The owner/operator shall be required to take reasonable steps to ensure public health, safety, and welfare through installation of fencing and locked gates, advance notice to adjacent properties of blasting, and other measures necessary to mitigate nuisance hazards.
(l) 
Setbacks. Setbacks from right-of-way, adjoining residences, and exterior property lines as set forth in this Section and Chapters 19.10 and 19.11 shall be excluded from applications, except as necessary to provide for access to the site or as part of final reclamation.
(m) 
Control of Vibration. No ground vibration caused by blasting or machinery shall exceed the limits established by state regulations. Further regulations may be required to mitigate impact on adjoining properties.
(n) 
Stockpiles. Stockpiles shall not exceed 100 feet in height as measured from ground level before excavation, and shall be set back twice the height of the stockpile from the edge of the nearest property boundary as measured from the center of the stockpile. The Reviewing Official shall consider all reasonable measures, including additional stockpile setbacks to prevent any materials or wastes deposited upon any stockpile from being washed, blown or otherwise transferred off the site by normal causes or forces. Stockpiles must also adhere to the requirements of YCC Titles 16C and 16D. The Reviewing Official may require the operator to provide a survey by a registered land surveyor certifying the height of any stockpiles on the site at any time requested, to ensure compliance with this Section.
(o) 
Other. The use shall comply with all other applicable rules, standards, or statutes governing such uses, including federal, state and local environmental protection requirements, and State law.
(5) 
Inspections.
(a) 
Initial Inspection. For applications filed after the effective date of this Chapter, the operator shall provide access to the site for inspections to ensure compliance with this Chapter. The Reviewing Official may authorize a reasonable fee for such inspections. The operator will submit to either an inspection or, at the option of the Reviewing Official, a conference before commencing the extraction of mineral resources. The inspection or conference shall be based on conditions and standards ordered by the approval authority to be complied with before the operations commence.
(b) 
Annual Inspection. Aggregate mines, whether in existence on the effective date of this Chapter or subsequently permitted, shall be inspected annually for compliance with this Chapter. The Planning Division, in consultation with Corporate Counsel, shall establish in writing a program and schedule under which such inspections shall be carried out. This program shall prioritize inspections concerning fuel and petroleum products storage, spill prevention, spill occurrence and water pollution prevention.
(6) 
Temporary Mining.
(a) 
Duration. Temporary mining site/operations, mineral batching and processing are limited to 18 months or less in duration.
(b) 
When Permitted. Temporary mining, batching and processing may be permitted only when necessary to provide mineral products to a specific project, or when the temporary mining, batching and processing is for the purpose of preparing a property for an approved use that necessitates removal of the mineral resources. Temporary mining, batching and processing may only be permitted outside of areas designated mineral resource when there are no existing sites that are practicable to provide mineral products to a specific project.
(c) 
Exemptions from Certain Standards. Temporary mining, batching and processing shall be exempt from the setbacks of Subsection 19.18.310(4)(f)(ii) above when it is for the purpose of preparing a property for an approved use that necessitates removal of the mineral resources.
(d) 
Long Term Mining. Mining site/operations, batching and processing that will continue for more than 18 months may only be permitted in those areas designated as Mineral Resource by the Comprehensive Plan, or in the RS, SR, M-1, and M-2 zoning districts under the Allowable Land Use Table 19.14-1 in Chapter 19.14.
(e) 
Extensions. An extension of the 18 month time limit may be authorized by the Reviewing Official for good cause (e.g. unexpected delays in completing a contracted job, or obtaining a rezone to Mining). The extension of time shall not exceed two consecutive six-month periods.
(f) 
Emergency Exemptions.
(i) 
The Reviewing Official may permit the immediate initiation of a temporary mining operation ordinarily requiring a Type 2 or 3 use permit if necessary to prevent eminent and potentially serious damage to property or threat to human life. The exemption shall be in writing;
(ii) 
For mining sites located within a critical area, the Reviewing Official may authorize an emergency operation only when the owner or operator has filed a request for an emergency exemption under the Critical Areas Ordinance, and affected state agencies have issued necessary permits and/or have attested to the urgency of the situation and provided assurances to Yakima County they will issue said permits;
(iii) 
Emergency exemptions authorized by this Section shall meet the operation standards of Subsection 19.18.310(4) above. The Reviewing Official may (in writing) revise the operation standards for good cause. An operation approved under this Section shall cease once the threat to human life and property is no longer serious or imminent, and shall not exceed 90 days, upon which the site shall be reclaimed. Failure to reclaim the property shall constitute a violation of this Title.
(7) 
Revision of Standards. The standards of Subsection 19.18.310(4) above may be revised under Type 2 review, only if the Reviewing Official finds that the revised standards are consistent with protecting public health, safety, and welfare, as expressed in Section 19.11.020, Subsection 19.18.310(3) above, the Comprehensive Plan and relevant state or federal law. Notification of proposed revision of standards shall be given to agencies with expertise or jurisdiction, to property owners within one-half mile of the site, and to owners adjacent to private access roads that would serve as haul roads. Revision of the 500 foot and 200 foot setbacks of Subsection 19.18.310(4)(f)(ii) and (iii) may be authorized when measures are used to mitigate the impacts to neighboring residences that would occur as the result of the reduced setbacks. Such measures may include, but are not limited to: use of vegetation, natural topography, berms, or other screening materials; installation of noise deflectors and dampening devices; placement of equipment within buildings or below ground level; and implementation of other best management practices.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.320 Mini Storage Facilities.

(1) 
Mini storage facilities, as defined in Section 19.01.070, shall be subject to the following minimum requirements:
(a) 
Location. In all zoning districts except for M-1, M-2 and GC, the site shall be contiguous to a designated urban arterial or rural collector road, although access may or may not be directly onto such arterial or collector, as determined through the review process;
(b) 
Sitescreening and Landscaping. Sitescreening and landscaping consistent with the requirements of Chapter 19.21 shall be provided along all street frontages with any combination of lawn, flowers, trees, shrubs and ground cover. Along all other property lines a six-foot-high, decorative fence or wall with Standard A open area landscaping shall be installed and maintained, provided that where doors face adjacent residential areas the fence or wall shall be solid and view-obscuring;
(c) 
Outdoor Storage. Any outdoor storage area shall be enclosed with a six-foot-high, view-obscuring fence and/or vegetative site screening that will achieve a height of not less than six feet within three years, or the standards of Chapter 19.21, whichever are greater;
(d) 
Hardsurfacing Required. All access, travel surface and loading areas, building aprons shall be paved. Where appropriate other areas not covered by structures or landscaping shall be hard-surfaced;
(e) 
Signs. One unlighted on-premises sign identifying the storage warehouses shall be permitted. The sign shall not exceed 15 feet in height nor 40 square feet in area, or the standards of the zoning district, whichever is less;
(f) 
Building Heights. Building shall not exceed 18 feet;
(g) 
Lighting. All exterior lighting shall meet the standards of Section 19.10.040(10);
(h) 
Compatibility. The Reviewing Official may require exterior modifications of structures, including use of architectural features or details, materials for siding and roofing, fencing, reduction of building mass and numbers of units when necessary to assure compatibility with adjoining residential zoning districts;
(i) 
Outdoor Storage. Recreational vehicles may be stored outside in the GC, M-1 and M-2 districts when appropriate sitescreening is provided.
(2) 
Use of the facility shall be limited to the storage of excess personal property. No garage sales, servicing or repair of vehicles or appliances, commercial business or other similar activities shall be conducted on the premises.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017; Ord. 6-2018 § 2(F)(i) (Exh. 4), 2018)

§ 19.18.330 Mixed Uses (Residential and Commercial).

The first floor of mixed (residential and commercial) use along the street frontage must be used for commercial uses. The dwelling units may be located above the first floor or to the back of the building. Also, the proposal must be served with a public water supply.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.340 Nurseries.

Within the Agriculture and Rural-10/5 zoning districts, retail plant nurseries shall only be permitted when they grow the majority of their products on the premises or the same farm operation. Retail nurseries may also sell incidental related products. Wholesale nurseries may not sell incidental related products.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017; Ord. 6-2018 § 2(G)(i)(2) (Exh. 6(2)(B)), 2018)

§ 19.18.350 Off-Road Vehicle Recreation Facilities.

The review criteria and conditioning authority delegated to the Reviewing Official shall include, but not be limited to, the following in evaluating proposed off-road vehicle recreation facilities:
(1) 
Environmental review and SEPA mitigation where required;
(2) 
Proximity to adjacent residences or other especially sensitive land uses;
(3) 
Parcel size not less than five acres and location within parcel sufficient to buffer the use from adjacent properties;
(4) 
Access and adequate off-street parking, as needed depending on the size and purpose of the facility;
(5) 
Proximity to/avoidance of critical areas;
(6) 
Hours of operation;
(7) 
Noise mitigation measures, enforceable under the Noise Control Ordinance (YCC Chapter 6.28); and
(8) 
Effective dust control/suppression measures to prevent dust from leaving the property.
Notice of an application for a proposed off-road recreation vehicle facility shall be sent to adjoining property owners within one thousand feet of the property where the facility is to be sited.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.360 Opiate Substitution Treatment Facilities.

This Section establishes regulations describing the siting criteria for opiate substitution treatment facilities.
The State of Washington has enacted RCW 96.70A.400 and declares opiate substitution treatment facilities to be essential public facilities. The Growth Management Act RCW 36.70A.200 provides that no local government regulations may preclude the siting of such facilities. However the State authorizes siting regulations for such facilities shall be subject to the following:
(1) 
No opiate substitution treatment facility shall be sited within 1,000 feet of:
(a) 
Public and private schools and their associated grounds;
(b) 
Public parks; and
(c) 
Public libraries.
(2) 
The proposed project shall comply with all provisions of this Title, all other provisions of the County Code, SEPA, and other federal, state, and local statutes, codes and ordinances.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.370 Outdoor Amusements.

(1) 
Outdoor amusements, as defined in Section 19.01.070, drive-in theaters, miniature golf courses, aquatic center, and zoos shall be subject to the following requirements:
(a) 
Access Restrictions. There shall be no direct entrance to or exit from such use on any rural major collectors or urban principal arterials, or state routes, unless determined to be acceptable by the Washington State Department of Transportation or the County Engineer, as appropriate.
(b) 
Access Improvements. Access to such uses shall be only from full width roads, which shall be paved or surfaced under the County Engineer's specifications.
(2) 
Parking areas for permanent outdoor amusements shall be paved if within an Urban Growth Area, Rural Settlement or Rural Transitional zoning districts, or in other zoning districts when determined necessary by the Reviewing Official to eliminate dust or mud. Unpaved parking areas shall be surfaced with crushed rock.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.390 Residential Uses.

(1) 
Only one of the following residential uses may be permitted per lot, except as otherwise allowed by this Title and only in the zones indicated. The residential uses are:
(a) 
Single-family dwelling;
(b) 
Double-wide or larger manufactured home, not in a mobile/manufactured home park;
(c) 
Single-wide manufactured home, not in a mobile/manufactured home park;
(d) 
Two-family dwelling;
(e) 
Single family detached dwelling, zero lot line;
(f) 
Single-family attached dwelling (common wall); and
(g) 
Dwelling for occupancy by guards, watchmen, caretakers or owners of a non-residential permitted use.
(2) 
In addition to a single-family dwelling, other than a zero lot line or common wall attached dwelling, an accessory dwelling unit may be permitted per lot, subject to 19.18.020.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.405 Separation Requirements for Certain Uses.

No convenience store, liquor store, tavern, bar, car wash, automotive service station, or fuel and oil distributor shall hereafter be erected or located within 150 feet of any school, park, playground, hospital, church or any of the urban residential zones. Such existing uses, otherwise conforming in this zoning district, shall not be considered as nonconforming uses, but are considered vested to their existing location as though these standards do not apply.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.410 Service Stations, Automotive.

(1) 
Legislative Intent. This Section establishes special site design standards for new service stations and other retail uses supplying motor fuel. These standards are intended to assure these uses are compatible with adjoining residential districts and the character of the district in which they are located.
(2) 
Fifty-Foot Setback from Residential Districts Required. Each pump island shall be setback at least 50 feet from the zoning district boundary of all adjoining residential districts. Other permitted structures shall comply with the setback provisions established in Chapters 19.11 through 19.18.
(3) 
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, sale or leasing of any new or used vehicle.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.420 Short-Term Rentals.

(1) 
Intent. It is the intent of this chapter to:
(a) 
Define Short-Term Rentals as a residential dwelling unit, or portions thereof, that are rented to overnight guests for fewer than 30 consecutive days.
(b) 
Establish appropriate regulations that mitigate the impacts that short-term rentals may have on a neighborhood.
(c) 
Recognize the desire of some property owners to rent their dwellings, or portions thereof, on a short-term basis.
(2) 
Permitted zones. Short-term rental use is a permitted use in all zoning districts that allow residential dwellings as a permitted use.
(3) 
Eligible dwellings and limitations. The residential unit must be a legally established residence as defined by the building and planning departments. No more than five short-term rental units shall be allowed on a single parcel. Where a single parcel of property contains a combination of any of the following: residential unit, private room, or ADU; no more than five units shall be eligible to function as a short-term rental.
(4) 
A conditional use permit for short-term rental approval. A conditional use permit for the short-term rental use of an eligible dwelling unit must be completed and submitted to the County for review. If compliance with the provisions of this chapter is demonstrated, approval for a short-term rental use will be issued.
(5) 
Criteria for approval. The following criteria shall be met for approval of a property to be authorized by the County as a short-term rental.
(a) 
Occupancy. Maximum occupancy of the short-term rental shall be based on the International Building Code standards. The property owner shall be responsible for ensuring that the short-term rental is in conformance with its maximum occupancy.
(b) 
Parking. One off-street parking space per guest unit shall be provided, meeting the design standards of 19.22.
(c) 
Signage. Signs must comply with the signs chapter, YCC § 19.20.
(6) 
Business license required. Short-term rentals shall meet all state and federal regulations, including those pertaining to business licenses and taxes.
(7) 
Severability. If any term or provision of this chapter or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this chapter or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and shall continue in full force and effect.
(Ord. 4-2022 (Exh. 1), 2022; Ord. 5-2023 (Exhs. 1, 2), 2023)

§ 19.18.430 Social Card Rooms.

In zones where allowed, no social card room shall be permitted within 500 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. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.440 Solid Waste Handling and Disposal Sites.

(1) 
Legislative Intent. This Section is intended to:
(a) 
Provide methods of solid waste disposal, which are calculated to make the most economical and efficient use of land where solid waste disposal either occurs or has occurred;
(b) 
Provide for the protection and preservation of land uses that might be adversely impacted by solid waste handling and/or disposal;
(c) 
Ensure that solid waste handling, disposal sites and/or facilities will not constitute nuisances to other land uses, especially residential neighborhoods;
(d) 
Ensure that premises utilized for solid waste handling and/or disposal are appropriately and timely reclaimed.
(e) 
Ensure that solid waste handling, disposal sites and/or facilities are consistent with the Solid and Moderate Risk Waste Management Plan and in compliance with all applicable Solid Waste Interlocal Agreements between Yakima County and all incorporated cities and towns.
(2) 
Applicability.
(a) 
Permit Required. Solid waste handling and disposal sites including, but not limited to, transfer stations, solid waste disposal sites, sanitary landfills, and limited purpose landfill disposal sites shall not be maintained, established, substantially altered, expanded, or improved until the person operating such site has obtained a project permit as provided in the Allowable Land Use Table 19.14-1 in Chapter 19.14.
(b) 
Exemptions. The following solid waste activities shall be exempt from any permit requirements of this Section:
(i) 
Solid waste activities with a total capacity of 250 cubic yards or less of inert wastes; provided, that such activities are consistent with WAC 173-350-410, grading and filling requirements in YCC Title 13 have been reviewed, and that such activities are not located within residential zoning districts.
(ii) 
Solid waste recycling and reclamation activities not conducted on the same site as an accessory to a solid waste disposal operation provided, that such recycling and reclamation activities shall be subject to the use regulation of this Section.
(3) 
Public Notice.
(a) 
Notice of hearing mailed under YCC Title 16B shall be sent to owners of property within 1,000 feet of the proposed use.
(b) 
The Solid Waste Advisory Commission shall be deemed a party of record in proceedings to obtain the conditional use permit required by this Section.
(4) 
Information Requirements. In addition to the requirements of Chapter 19.31 and the application procedures in YCC Title 16B, application for a conditional use permit shall include the following information:
(a) 
A statement and plan detailing the proposed reclamation of the site, particularly as reclamation will relate to the compatibility of the site as reclaimed with existing and anticipated land uses and zoning; and
(b) 
Any geological or other studies which are deemed necessary to determine the appropriateness of the land for the use proposed.
(5) 
Permit Criteria. Use or the location may be permitted only if a project permit is granted as provided by this Section. The use and its location may be allowed subject to the following:
(a) 
Findings. Before such approval shall be given, the Reviewing Official shall find:
(i) 
The proposed facility is designed, located, and proposed to be operated so the public health, safety, and welfare will be protected.
(ii) 
That the use will not prevent the orderly and reasonable use and development of surrounding properties or of properties in adjacent zones.
(iii) 
That all public or private utilities necessary for the use are available, and that the roads serving the use are adequate to accommodate the type and extent of vehicular traffic.
(iv) 
That the reclamation plan submitted by the applicant for the proposed use, and any expansion demonstrates that the site as reclaimed may be utilized for uses permitted within the zoning district in which it is located.
(v) 
That the proposed use is consistent with the goals and objectives of the Comprehensive Plan and any solid waste management plans, and the proposed facility is necessary to accommodate the waste needs of the area.
(b) 
Review Criteria. In making such findings, the Reviewing Official shall consider the following criteria, based on evidence submitted by the applicant:
(i) 
The negative effect that the location of the proposed use may have upon vehicular traffic congestion to public streets or highways;
(ii) 
The availability of adequate and proper public or private facilities for the treatment, removal, or discharge of sewage, refuse, or other effluent (whether liquid, solid, gaseous, or otherwise) that may be caused or created by or as a result of the use;
(iii) 
Whether the use, or materials incidental thereto or produced, may give off obnoxious gases, odors, smoke, or soot;
(iv) 
Whether the use will cause disturbing or unwanted dust, light, vibration, or noise emissions;
(v) 
Whether the operations will cause undue interference with the public's typical use of recreational facilities by the public, if existing, or if proposed by the County or by other competent governmental agency;
(vi) 
The necessity for suitably surfaced off-street parking facilities incidental to the use, and whether such space is reasonably adequate and appropriate; and can be furnished by the owner of the property or abutting the site;
(vii) 
Whether the plot area is sufficient, appropriate, and adequate for the use and the reasonably anticipated operation and expansion;
(viii) 
Whether the use to be operated is at least 1,000 feet from a church, school, theater, recreational area, or other place of public assembly;
(ix) 
Whether a hazard to life, limb, or property, because of conditions created or which may be created by reason or as a result of the use, and what measures would mitigate any such hazards;
(x) 
What restrictions should or should not be imposed to secure the purposes of this Section and to protect the public and surrounding property owners; and
(xi) 
The extent to which any of the criteria contained herein does not apply.
(6) 
Ownership. No permit shall be issued for a premise, except with written consent of the owner or owners. Permission to engage in the use is granted to only the permit applicant or the permit applicant's transferee. Permits shall be transferable, unless the approval specifies otherwise; provided, that the transferee submits proof that the performance bond or other security required under Section 19.30.130 remains in effect. Transferees shall engage in the use authorized by the permit only to the extent authorized by this Section and the permit itself.
(7) 
Restrictions upon Operations. Reasonable restrictions upon operations may be imposed that are calculated to secure the purposes of this Section, the Comprehensive Plan and this Title. Such restrictions may relate to any activity anticipated from the use proposed. Examples would be: hours of operation, traffic volume, types of materials processed, volumes of materials handled, setbacks, etc.
(8) 
Future Use of Premises.
(a) 
Land Use and Zoning. The future use of the premises may be limited, as a condition of granting the project permit to ensure those uses of the property to be effectuated when the use concluded will be consistent with the character of the land and surrounding existing and permitted land uses and zoning. After the conclusion of the conditional use, the property owner or occupier will be entitled to engage in any appropriate uses allowable in the zoning district in which the use was located.
(b) 
Future Reclamation or Landfill Closure. A binding plan of future reclamation of the land shall be required, which shall be consistent with any other required reclamation plan, such as for the Washington Department of Ecology, Department of Health, Department of Natural Resources or other State agency.
(c) 
Future Development. A binding plan of future development of land consistent with the Yakima County Solid Waste Management Plan may be required.
(d) 
Change in Zoning. If the nature of the use is such that other land uses allowed in the zoning district in which the property is located would no longer be suitable land uses when the use is concluded a change in zoning to a designation that would more clearly reflect the appropriate land uses may be considered or may be required as a condition of permit approval as a prerequisite which must be accomplished before the permit may be issued.
(9) 
Permit Period – Renewals – Reviews. Permit periods may vary. However, the Reviewing Official shall specify either a date upon which a permit expires, or the occurrence of an event upon which the permit expires. The permit period shall be of sufficient duration to ensure the completion of the use for which the permit is required. No permit shall be granted for a period of time in excess of 20 years. Extension normally available for other types of project permits through YCC Section 16B.07.050 is not available to solid waste handling and disposal site permits. Renewals of such permits shall be processed as new applications.
(10) 
Performance Bonds. Performance bonds or other security acceptable to the County in an amount deemed satisfactory to the Administrative Official, in consultation with the County Engineer, to cover the costs of ensuring compliance with this Title and the terms and conditions of any permit issued, including required reclamation, shall be required as a condition of permit approval. (See Section 19.30.130).
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.460 Aggregate Stockpiling.

Aggregate stockpiling or storing recycled asphalt or concrete shall only be permitted within floodplains and other hydrologically related critical areas, when authorized by an appropriate critical area/shoreline permit (See YCC Titles 16C and 16D).
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017; Ord. 10-2019 (Exh. 1) (part), 2019)

§ 19.18.480 Temporary Use Permits.

The Building Official may issue temporary use permits for the following uses:
(1) 
Major Construction Projects. Temporary structures and associated site improvements for housing equipment or containing supervisory offices for major construction projects may be erected and maintained during the progress of such construction projects. Provided, that such temporary structures may not be maintained for a period exceeding one year. The Building Official may extend this period for one additional year if a valid active permit is maintained according to a firm schedule and the project does not constitute or cause a nuisance or violation of County code. A site plan showing the location, size and type of structure must be submitted at the time of application for a Temporary Use Permit.
(2) 
Construction of a Permanent Dwelling on the Same Lot. Temporary placement of a camping or recreational vehicle to provide temporary housing while constructing a permanent dwelling on the same lot; provided, that the property owner has an active residential building permit. Such temporary use may not be maintained for a period exceeding three years. The temporary use shall be removed from the property within 30 days of occupancy of the permanent dwelling.
(3) 
Temporary Caregiver Housing. Temporary placement of a camping or recreational vehicle adjacent to an existing residence to provide temporary housing for a caregiver for not more than six months for the care of a terminally ill relative. The medical condition must be documented by a physician or osteopath that the person is in hospice care.
(4) 
Other. Other temporary uses not requiring a building permit, if allowed within the zoning district, are subject to review for adequacy of such factors as access, traffic, noise, land use compatibility, public health and safety. Such permits shall be renewed annually.
(5) 
All recreational vehicles approved for temporary use under this section shall meet the following standards:
(i) 
It is placed on a lot under the same ownership as the recreational vehicle;
(ii) 
The recreational vehicle is an independent, self-contained unit;
(iii) 
There is no permanent residential unit on the subject lot;
(iv) 
No decks, porches, outdoor storage, skirting or other exterior additions are attached to the recreational vehicle or constructed or erected on a camping space; except for an awning designed as part of and permanently attached to the recreational vehicle; and
(v) 
Wheels and tires are not removed from the recreational vehicle.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.490 Towers.

The following provisions shall govern the placement of towers (amateur radio, communication, anemometers and personal wind energy) and support structures as defined in Section 19.01.070.
(1) 
Towers and support structures that are located in zoning districts with height limitations are subject to the following levels of review [35 ft.: FW, Rural-10/5, RT, SR, R-1, R-2, B-1, B-2, SCC; forty-five ft.: RS, HTC, 50 ft.: R-3, LCC, M-1]:
(a) 
Type 1 Review. Towers that are under the height restriction of the zoning district, are self-supporting and have a two-foot or less radius from the center axis of the base of the tower, and have antennae, rotors and other attachments with a diameter of nine feet or less, shall be subject to Type 1 review.
(b) 
Type 2 Review. Towers that are above the height restrictions of the zoning district or are not self-supporting or have a two-foot or greater radius from the axis of the base of the tower, and have antennae, rotors and other attachments with a diameter of greater than nine feet, and the height of the tower is 70 feet or less, shall be subject to Type 2 review.
(c) 
Type 3 Review. Towers within a zoning district that has a specific height standard and do not qualify for a Type 1 or Type 2 are subject to Type 3 review.
(2) 
Towers and support structures that are located in zoning districts without height limitations are subject to the following levels of review (R/ELDP-40, AG, MIN, M-1 or M-2):
(a) 
Type 1 Review. Towers that are self-supporting, have a two foot or less radius from the center axis of the base of the tower, and have antennae, rotors and other attachments with a diameter of nine feet or less, and the height of the tower is seventy feet or less, shall be subject to Type 1 review.
(b) 
Type 2 Review. Towers that are not self-supporting or two feet or greater radius from the center axis of the base of the tower, or have antennae, rotors and other attachments with a diameter of greater than nine feet, and the height of the tower or support is 70 feet or greater, shall be subject to Type 2 review.
(c) 
Type 3 Review. Towers that are 100 feet or greater in height shall be subject to Type 3 review.
(3) 
Co-location. Proposed to co-locate on existing towers, buildings, structures and facilities without an increase in height and have antennae, rotors and other attachments with a diameter of less than nine feet, the tower shall be subject to Type 1 review. Towers with an increase of less than ten percent of the tower height are subject to a Type 1 modification if a higher threshold of review is not exceeded.
(4) 
Setbacks. All towers and items affixed thereto, guy wires, or supports shall meet the setback standards of the zoning district in which they are located. Greater setbacks may be required by the Reviewing Official.
(5) 
Airport Safety Overlay. All towers and items affixed thereto, guy wires, or supports shall adhere to the requirements of the Airport Safety Overlay (ASO), when applicable.
(6) 
Temporary Towers. Towers located in R/ELDP-40, AG, MIN, M-1 and M-2 and qualify as a Type 3 use, but will be removed within three years, are considered temporary in nature and may be reviewed as a Type 2 use by the Reviewing Official. An extension of one year may be requested by the applicant. No more than two extensions will be granted by the Reviewing Official.
(7) 
Visual Compatibility. With consideration to engineering and structural requirements, towers shall be subject to the following visual compatibility standards:
(a) 
Location. Towers, rotors/turbines and antenna should reflect the visual characteristics of the structure to which it is attached, or the surrounding environment in which it is placed. This should be achieved through the use of colors and materials, as appropriate. When located on structures such as buildings or water towers, the placement of the antenna or rotor/turbine on the structure should reflect the following order of priority to minimize visual impact:
(i) 
A location close as possible to the center of the structure;
(ii) 
Along the outer edges or side-mounted; provided, that in this instance, additional means, such as screens, should be considered and may be required on a case-by-case basis; and
(iii) 
When located on the outer edge or side-mounted, be placed on the portion of the structure less likely to be seen from adjacent lands containing, in descending order of priority: existing residences, public parks and open spaces, and public roadways.
(b) 
Design. To the extent that there is no conflict with the color and lighting requirements of the Federal Communications Commission and the Federal Aviation Administration for aircraft safety purposes, transmission support structures shall be designed to blend in with existing surroundings to the extent feasible. This should be achieved through the use of compatible colors and materials, and alternative site placement to allow the use of topography, existing vegetation or other structures to screen the proposed transmission support structure from adjacent lands containing, in descending order of priority: existing residences, public parks and open spaces, and public roadways.
(c) 
Modifications. The requirements of Subsection 19.18.490(4) may be modified by the Reviewing Official to achieve greater levels of screening than that which would be available by using the stated setback during the review process.
(8) 
Towers no Longer Operational. Towers and support structures shall be removed within a year of ceasing use or operation. Antenna shall be removed from support structures within one hundred eighty days after the antenna is no longer operational.
(9) 
Personal Wind Energy Towers. Turbines on personal wind energy towers shall be designed, installed and operated so noise generated by the system shall not exceed fifty decibels (50dba) measured from the nearest property line, except during short term events such as utility outages and severe wind storms.
(10) 
Proximity to Roadways. Towers will be located not nearer than 50 feet from an edge of right-of-way or easement of a public or private road.
(11) 
Limit of Towers Per Parcel. No more than one tower, array, or rotor/turbine per parcel in residential districts (SR, RT, RS, R-1, R-2, R-3), and no more than two towers, arrays, or rotors/turbines per parcel in all other zoning districts shall be permitted.
(12) 
Equipment Storage. Support structures and towers may include an equipment enclosure, structure, shelter, cabinet, box or vault designed for and used to house and protect the electronic equipment necessary and/or desirable for processing wireless communications signals and data, including any provisions for air conditioning, ventilation, or auxiliary electricity generators.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 8-2015 § 2 (Exh. 4) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)

§ 19.18.495 Transportation Related Businesses.

(1) 
Legislative Intent. This Section is intended to:
(a) 
Provide administrative process for the approval of Transportation Related Businesses in the Rural Zoning Districts listed in 19.14-1 Allowable Land Use Table.
(b) 
Ensure that the approval of Transportation Related Businesses does not have a negative impact on the adjacent land uses or the rural character of the zoning district.
(c) 
Ensure that the proper infrastructure is in place or proposed to be in place to support the proposed use.
(d) 
Ensure that Transportation related businesses in rural zoning districts will not constitute nuisances to other land uses, especially residential neighborhoods.
(2) 
Applicability
(a) 
Permit Required. Transportation related businesses shall not be maintained, established, substantially altered, expanded, or improved until the person operating such site has obtained a project permit as provided in the Allowable Land Use Table 19.14-1 in Chapter 19.14.
(b) 
Transportation related businesses apply to operations that either do not require parking of vehicles on the property, such as dispatch operations, or those that do require parking of vehicles, such as brokerages.
(c) 
Operations that require storage of vehicles used seasonally, whether agriculture related or not.
(d) 
The property must be three (3) acres or larger and have direct access to a county road or state/federal highway.
(3) 
Public Notice
(a) 
Notice of the proposed Land Use change mailed under YCC Title 16B shall be sent to owners of property within 300 feet of the proposed use.
(4) 
Information Requirements
(a) 
In addition to the requirements of chapter 19.30 and the application procedures in YCC Title 16B, the application shall include the following information:
(i) 
Information on the vehicle trips per day that would be generated as a result of this proposed use, whether for seasonal or year-round use.
(ii) 
The size of the parking lot, if applicable, including the layout, surface type and number of parking spaces.
(iii) 
Circulation Plan, including locations of ingress and egress.
(iv) 
Hours of operation.
(5) 
Approval Requirements
(a) 
Findings. Before such approval shall be given, the Reviewing Official shall find:
(i) 
The proposed facility is designed, located, and proposed to be operated so the public health, safety, and welfare will be protected.
(ii) 
That the use will not prevent the orderly and reasonable use and development of surrounding properties or of properties in adjacent zones.
(iii) 
That all public or private utilities necessary for the use are available, and that the roads serving the use are adequate to accommodate the type and extent of vehicular traffic.
(b) 
Review Criteria. In addition to the requirements outlined in YCC Title 19.30, the Reviewing Official shall consider the following criteria, based on evidence provided by the applicant.
(i) 
Compatibility with the current uses of adjoining properties.
(ii) 
Capacity on operation of the roadways serving the subject property.
(iii) 
Adequate water supply for the proposed use.
(iv) 
Adequate sewerage disposal for the proposed use.
(v) 
Suitability of the land for the proposed use.
(vi) 
Whether a hazard to life, limb, or property, because of the proposed use is created which or which might be reasonably be created as a result of the proposed use, and what measures would mitigate any such hazards.
(vii) 
What restrictions should or should not be imposed to secure the purpose of this section and to protect the public and surrounding property owners.
(c) 
Ownership.
No approval shall be issued for a premise, except with written consent of the property owner or owners. Permission to engage in the use is granted to only the permit applicant or the permit applicant's transferee. Permits shall be transferable unless the approval specifies otherwise. Transferees shall engage in the use authorized by the permit only to the extent authorized by this Section and the permit itself.
(6) 
Restriction upon operations
In addition to the development standards outlined in YCC § 19.10.040 and the requirements of YCC § 19.30, reasonable restrictions upon the operations may be imposed by the Reviewing Official based on comments received, identified impacts resulting from the specific proposal, and/or to maintain compliance with the Comprehensive Plan, and this Title. Such restrictions may relate to any activity anticipated from the proposed use. Examples are, hours of operation, site-screening, traffic volume, setbacks, noise, light, and glare, etc.
(Ord. 4-2024 (Exh. 1), 2024)

§ 19.18.510 Zero Lot Line Development.

(1) 
Legislative Intent. 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.
(2) 
Review Levels. Review required for zero lot line developments in subdivisions and short subdivisions approved after the effective date of this Title may be approved by Type 2 review. Zero lot line development may also be approved on lots created before the effective date of this Title by Type 3 review. A site plan meeting the requirements of Section 19.30.060 shall be prepared for all zero lot line development.
(3) 
Development Standards. All zero lot line developments shall comply with the standards of Tables 19.12.010-1, 19.12.020-1, the provisions of this Title and the following requirements; provided, that where these standards conflict with the standards established in other Sections of this Title, these standards shall apply.
(4) 
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 19.12.010-2 or Table 19.12.020-2, as applicable for the zoning district.
(5) 
Accessory Building Setbacks. Accessory buildings and structures shall observe the setback requirements for the main dwelling unit.
(6) 
Maximum Lot Coverage. The total lot coverage on a lot shall not exceed the district requirements established in Chapters 19.11 through 19.13.
(7) 
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.
(8) 
Openings Prohibited on the Zero Lot Line Side. 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.
(9) 
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, except for 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. Eaves, but no other part of any structure, may protrude across a side lot line, and such protrusion shall not exceed 18 inches. Water runoff from the dwelling placed on the lot is limited to the easement area.
(10) 
Community Open Space and Maintenance Facilities. Any community open space provided shall comply with Section 19.18.150.
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)