Normal structural repair and maintenance as defined in the codes adopted by YCC Title 13;

Physical changes to conforming structures or uses other than structural alterations as that term is defined by this Title;

Rehabilitation of dwelling units when such rehabilitation does not expand the number of dwelling units nor physically expand the structure;

Accessory structures and uses listed under Section 19.18.020 that otherwise meet the specific development standards and requirements of this Title, when the principal use is already established;

Alteration to land, including grading and leveling, paving, stockpiling, and excavation, the amount of which does not exceed 500 cubic yards;

Required site improvements, including all construction of private or public roads, construction of sewer, electric, telecommunications, storm water, and water utilities under an approved and valid development authorization, subdivision or binding site plan regulating such improvements; and

New uses for a legally established multiple occupancy building provided that the use:

All plats, short plats, development permits, and building permits issued for development activities on, or within 500 feet of, lands designated by the Comprehensive Plan as agricultural lands, forest lands, or mineral resource lands, shall contain a notice that the subject property is within or near designated agricultural lands, forest lands, or mineral resource lands on which a variety of commercial activities may occur that are not compatible with residential development for certain periods of limited duration. The notice for mineral resource lands shall also inform that an application might be made for mining-related activities, including mining, extraction, washing, crushing, stockpiling, blasting, transporting, and recycling of minerals (RCW 36.70A.060(1)(b)).

The notice shall also state that agricultural, forest and mining activities performed in accordance with County, state and federal laws are not subject to legal action as public nuisances.

The Administrative Official reviews applications subject to Type 1 review under the procedures of Section 19.30.090 and YCC Chapter 16B.03 for compliance with this Title.

Applications requiring Type 1 review include:

Type 1 Permitted Uses require Type 2 review when:

Type 1 Uses generally not subject to project review by the Administrative Official provided all applicable standards of this Title are met and/or when categorically exempt from environmental review under YCC Section 16.04.100, or for which environmental review has been completed in connection with other project permits, and when locating on an existing lot:

The Administrative Official (and the hearing examiner when such applications are referred by the Administrative Official under YCC § 19.14.010(2)) reviews applications subject to Type 2 review under the procedures of Section 19.30.100 and YCC Chapter 16B.03 for compliance with this Title as provided by YCC Subsection 16B.03.030(1)(b).

Applications subject to Type 2 review include:

The Hearing Examiner reviews applications subject to Type 3 review under the procedures of Section 19.30.100 and YCC Subsection 16B.03.030(1)(c).

Applications subject to Type 3 review include:

Establishment of land uses and any division of land by subdivision or condominium must be consistent with:

Components or phases of the authorized RDP may be submitted with other required approvals as a master application.

Agricultural Tourist Operations;

Subdivisions (long plats);

Linear Transmission Facilities;

Mining Site Operations;

Master Planned Development applications;

Master Planned Resorts;

Development located within the FEMA 100-year floodplain; and

Other projects where required by the Administrative Official under YCC Section 16B.04.010.

Design modifications, administrative adjustments, variances, minor rezones, modifications to approved, existing, and nonconforming uses, lots and structures, and other specified applications shall submit documents and elements in conformance with this Chapter and the specific requirements of Chapters 19.33 through 19.36.

All applications shall include the following information:

All necessary documents, narratives, detailed project development schedule or special studies identified at the time of pre-application conference must be included with the site plan at the time of submittal;

A comprehensive sign plan meeting the requirements of Section 19.35.020(7), if an administrative adjustment or variance to the sign standards is requested;

Special studies, such as soil and geological analyses as determined necessary by the Administrative Official to address specific site constraints; and

Any other information specified by the Administrative Official, such as:

Boundary Line Adjustments.

The existing legal description of each parcel involved in the proposal;

Those individuals or corporations holding an ownership interest and any security interest (such as deeds of trust or mortgages) or any other encumbrances affecting the title of said parcels.

Any lands to be dedicated shall be confirmed as owned in fee title by the owner(s) signing the dedication certificate; and

Any easements or restrictions affecting the properties being adjusted with a description of purpose and referenced by the auditor's file number and/or recording number.

A written narrative shall be submitted that addresses the following:

Applications for binding site plans shall include a narrative describing the provisions for long term maintenance with adequate financing for areas and facilities under common ownership.

Applications for Master Planned Resorts shall include:

Application. A proposed master concept plan may include properties both within and outside the jurisdictional boundaries of the cities, provided all areas are located within the UGA. Applications for Master Planned Development Overlays that transcend jurisdictional boundaries shall complete one of the following prior to acceptance of the application for processing:

Development Plan – Submission Requirements. An application for Master Planned Development shall include the following information:

Planning History. A summary of all previous known land use decisions affecting the applicant's property and a list of all outstanding conditions of approval regarding such prior land use decisions.

Existing Property Information. An application for a Master Plan Development shall contain the following information on and adjacent to the site, presented in narrative, tabular and/or graphic formats:

Technical Studies. Technical Studies may be required by the Administrative Official when potential adverse impacts are identified and may include:

Site Plan. The application shall include a concept site plan consistent with Section 19.30.070 that includes the following elements:

A preliminary development plan consisting of a written statement for development setting out detailed information concerning the following subjects as they may be involved in the development, including, but not limited to the following items:

Development Agreement. The application should also include a Draft Development Agreement including the following elements:

Location of the subdivision in range, township and section;

Existing and Proposed Conditions:

Scale. The scale of the drawing shall be a standard engineering scale at least one inch equals 200 feet and shall reasonably utilize the paper size, unless the Administrative Official requests or authorizes a different scale. Where necessary, the plan may be on several sheets accompanied by an index sheet showing the entire site.

General information.

Proposed subdivision plat.

A vicinity map showing all roads or road reservations, streams, and any other pertinent information that will assist in the consideration of the proposed subdivision, including the names of adjacent subdivisions. The vicinity map shall extend at least 800 feet from the proposed subdivision.

Scale. The scale of the drawing shall be a standard engineering scale at least one inch equals 200 feet and shall reasonably utilize the paper size, unless the Administrator requests or authorizes a different scale. Where necessary, the plan may be on several sheets accompanied by an index sheet showing the entire site.

General Preliminary Binding Site Plan Requirements. Binding Site Plans shall show the location, description and proposed phasing of the following facilities proposed to serve the development, such as:

Site Plan Requirements for Manufactured/Mobile Home Parks. All proposals for manufactured/mobile home parks shall include a site plan based upon a land survey. The site plan shall be drawn by a licensed architect, engineer or surveyor and shall include the items listed in subsection (1) above and the following information:

Site Plan Requirements for Campgrounds and Recreational Vehicle Parks. Site plan requirements for campgrounds and recreational vehicle parks allowed under 19.18.130 shall include the items listed in subsection (1) above and the following campground-specific information:

Supplying water to the resort, showing: (i) approximate service line locations; (ii) water sources; (iii) needed volumes; (iv) available volumes; (v) water rights to support the resort; (vi) water storage and facility locations; (vii) designation of Satellite Management Agency; (viii) other necessary information identified by Administrative Official.

Sewage disposal, showing: (i) approximate sewer line locations; (ii) approximate drainfield areas and locations; (iii) estimated sewage volumes generated; (iv) designation of Satellite Management Agency; (v) treatment facility locations; (vi) lagoon and spray field areas and locations; (vii) other information determined necessary by the Administrative Official.

Vehicular, bicycle and pedestrian traffic flow, showing: (i) approximate road and path locations; (ii) methods of dealing with hills and steep slopes; (iii) methods of stormwater control; (iv) necessary upgrades to existing systems; (v) anticipated typical street sections; (vi) other necessary information identified by Administrative Official.

Grading, showing: (i) how grading and resort design works with natural topography of site; (ii) areas needing minor surface grading; (iii) areas needing major excavation or filling along with their anticipated depth; (iv) conceptual cross-sections to depict land form changes throughout resort; (v) approximate slopes planned throughout the resort; (vi) other information determined necessary by the Administrative Official.

Providing electric and communication utilities to the resort, showing: (i) approximate line locations; (ii) necessary upgrades to existing systems; (iii) substations and facility locations; (iv) other information determined necessary by the Administrative Official.

Providing emergency and other services, showing: (i) necessary upgrades to existing facilities; (ii) station and facility locations; (iii) other information determined necessary by the Administrative Official.

Providing a consistent architecture, landscape and open space character, showing: (i) design consistent with theme; (ii) typical or sample elevations depicting architectural character; (iii) landscaping and open space plans; (iv) other information determined necessary by the Administrative Official.

Treatment and modification of critical areas, showing: (i) stream, floodplain and wetland modification; (ii) restoration work; (iii) buffer modifications; (iv) stream and wetland crossings; (v) methods for dealing with other critical areas (if applicable such as Geological Hazards, Wildlife Habitat and Critical Aquifer Recharge Areas; (vi) other information determined necessary by the Administrative Official.

Notice shall be given for Type 2, 3 and 4 reviews as provided for in YCC Chapter 16B.05.

The Reviewing Official may also solicit comments from any other person or public agency he feels may be affected by the proposal.

The present and future needs of the community will be adequately served by the proposed development and that the community as a whole will be benefited rather than injured;

The proposed use is compatible with neighborhood land uses, the goals, objectives and policies of the Comprehensive Plan, and the legislative intent of the zoning district;

The site of the proposed use is adequate in size and shape to accommodate the proposed use;

All setbacks, spaces, walls and fences, parking, loading, sitescreening, landscaping, and other features required by this Title;

The proposed use complies with other development and performance standards of the zoning district and this Title;

The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;

The proposed use will have no substantial adverse effect on abutting property or the permitted use thereof;

In the case of residential uses, the housing density of the development is consistent with the existing zoning densities, or the Comprehensive Plan, and that all other aspects of the development are consistent with the public health, safety, and general welfare for the development and for adjacent properties; and

The development complies with all criteria in Chapter 19.18 applicable to the proposed use, unless otherwise administratively adjusted.

Approve the application;

Establish conditions for approval or require changes in the proposed site plan, provided that conditioning authority for Permitted Uses subject to Type 1 review is limited to that specified in Section 19.30.090;

Request additional or more detailed information per YCC Section 16B.07.030. The Reviewing Official may continue an open record public hearing to allow requested additional information to be provided;

Refer any Type 2 Administrative Use application to the Hearing Examiner for the purpose of holding a public hearing and rendering a decision on the proposal under Type 2 review procedures and criteria;

Deny the application; and

As provided in YCC Chapter 16B.09, the Board may also remand a Type 2 Administrative, Type 3 Conditional or Type 4 Quasi-judicial application to the Hearing Examiner before making a decision on the record if the Board finds that the Hearing Examiner's decision or recommendation needs clarification or further findings on specific points, consistency with this Title, or the Comprehensive Plan.

The proposed development complies with the standards and provisions of the zoning district in which it is located, the development standards and all other applicable sections of this Title, except when an Administrative Adjustment is granted or the proposed development is otherwise modified according to the provisions of this Title.

Adequate water, sewer, roads, and other infrastructure improvements exist, or will be provided, to serve the project consistent with the purpose of the zoning district.

When located within an Urban Growth Area, the Reviewing Official may solicit and consider comments from the affected city in making this determination.

When necessary to meet current development standards or to serve the proposed use, conditions may be required relating to:

Comply with any development standard or criteria for approval set forth in this Title or other relevant provisions of Yakima County Code;

Mitigate material impacts of the development, whether environmental or otherwise;

Ensure compatibility of the development with existing neighboring land uses; assure consistency with the intent and character of the zoning district involved;

Ensure that the structures and areas proposed are surfaced, arranged and screened in such a manner that they are compatible with and not detrimental to existing or reasonable expected future development of the neighborhood, or resource uses, consistent with the Comprehensive Plan; and

Achieve and further the intent, goals, objectives, and policies of the Comprehensive Plan and this Title.

Increasing or limiting the required lot size, setback or yard dimensions, consistent with development regulations;

Limiting or increasing the height of buildings or structures, consistent with development regulations;

Controlling the number and location of vehicular access points (subject to approval by the reviewing authority with jurisdiction to issue approach or access permits);

Requiring the dedication or reservation of additional rights-of-way or easements for future road or street improvements;

Requiring the designation of public use easements or drainage easements and recording of same;

Increasing or decreasing the number of required off-street parking and/or loading spaces as well as designating the location, screening, drainage, surfacing or other improvement of a parking area;

Limiting the number, size, height, shape, location and lighting of signs;

Requiring view-obscuring fencing, landscaping or other facilities to protect adjacent or nearby properties;

Designating sites for and/or the size of open space or recreational areas;

Requiring site reclamation upon discontinuance of use and/or expiration or revocation of the project permit;

Limiting hours and size of operation;

Controlling the siting of the use and/or structures on the property;

Requiring that public facilities are adequate to serve the proposed use;

Requiring improvements to public or private roads, bridges, stormwater facilities and drainageways, water systems or sewage systems; and

Requiring mitigation measures to effectively reduce the potential for land use conflicts and separate Especially Sensitive Land Uses, as defined in Chapter 19.01, from active agricultural, forest, or mineral operations, such as: landscape buffers; special setbacks; screening; site design using physical features such as rock outcrops, ravines, roads, irrigation canals or critical areas.

The Reviewing Official may approve a longer time frame to cover subsequent phases of the project permit or action where a specific detailed development schedule and sufficient information has been provided by the applicant to allow evaluation of the full scope of the proposal including all phases at the time of review.

Such time frame shall be consistent with state statute where specifically provided or such longer time as allowed by State law or by other requirements of this or other County Titles

As provided in YCC Section 16B.07.050, failure to meet the time limit set shall void the approval; except that the Administrative Official may authorize a onetime extension of either or both dates upon request, provided such extension request is filed in writing prior to the required commencement or completion date as authorized in YCC Section 16B.07.050. Such extension request shall define the circumstances that prohibited the commencement or completion, or both, of the use authorized. The length of such time extension, if authorized, shall not exceed 12 additional months from the date the extension decision becomes final.

The application included any false information material to the project permit approval; or

The project permit, previously found to be in compliance with conditions and safeguards, subsequently fails to maintain compliance with the conditions, safeguards and/or mitigation requirements made a part of the terms under which the approval was granted.

Ensure that public and private improvements required of a project permit are constructed;

Provide for Latecomers Agreements and Road Improvement Districts to assist with financing required public improvements over time;

Allow individuals developing property options for financing public and private improvements required by this Title to provide performance assurance in lieu of construction through acceptance of:

Provide a remedy and financing mechanism to ensure construction of required public and private improvements when the applicant fails to perform; and

Protect public property.

As a condition of approval of any project permit decision under this Title, the Reviewing Official may require security for the performance, completion and maintenance of any proposed or required public or private improvement or any other term or condition of approval pertaining to a public or private improvement. The estimate of the performance and completion of any proposed or required improvement or any other term or condition of approval pertaining to an improvement will be reviewed and/or calculated by the County Engineer or a designee. When such security is required, it shall be made under this Section and must be made and approved prior to issuing the development permit. The quality, sufficiency, amount and exact form of the security are subject to the approval and satisfaction of Reviewing Official, typically the County Engineer for Public infrastructure, and Administrative Official for private infrastructure, or the Public Services Director where stormwater facilities are involved.

Whenever security is provided by an applicant it shall state directly or by reference all the following provisions:

The applicant may provide security in either of the following:

The nature of the noncompliance and the action necessary to correct the same;

The time in which the applicant must take corrective action; and

That if corrective action is not completed within the time specified, the County will apply the funds in the security deposit or bond to effect compliance. If the corrective action is not taken by the applicant or permit holder within the time specified in the notice given by the Reviewing Official, the County shall, through its representatives, take whatever action that the County deems necessary to ensure the improvements are made. The County shall cause the performance or completion of the items covered by the security deposit or bond and shall apply funds held to the cost of such completion or performance. Any excess or surplus funds shall be refunded to the applicant after the performance maintenance warranty period has expired.

Partial Release. An applicant may request a partial release of any security under this Section based on partial completion or compliance with the events secured. If the Reviewing Official determines partial release is warranted he may cause a partial release of security in an amount deemed by him to be appropriate. A cash escrow shall not be reduced below 25% of the principal amount. At the end of the maintenance and warranty periods, all escrowed funds, if any, shall be released to the applicant.

Full Release. The County will not accept dedication of required improvements, nor release nor reduce any security posted by the applicant until the Reviewing Official has determined all required improvements have been satisfactorily completed and until:

No use interpretation shall vary the location or review requirements of any use listed in this Title.

No use interpretation shall permit any use in any zoning district unless evidence is presented that demonstrates it will comply with the purpose, intent, goals, objectives and policies of the comprehensive plan, and the intent and development standards established for the particular district.

Legal Nonconforming. Lots, uses and structures legally created or lawfully established prior to subdivision or zoning requirements, under prior zoning codes and/or County subdivision regulations are legally nonconforming and may be maintained or altered subject to provisions of this Chapter.

Illegal Lots, Structures and Uses. Structures, lots, required site improvements, uses and/or developments not legally established or existing as of the effective date of this Title retain their illegal status and must be abated or comply with this Title under actions directed as a result of enforcement proceedings and/or the necessary permit applications.

A permitted use or structure shall meet all existing development standards of the zoning district within which it is located including, but not limited to, required yards/setbacks, lot coverage, density (units per parcel), parking, landscaping, storm drainage, signage, and road standards, subject to Subsections (1)(b) and (c) below. Adjustments to these standards shall be subject to Chapter 19.35.

The following uses established on a nonconforming lot shall additionally require at least 20 feet of frontage on, or a minimum 20 foot wide access easement to, a public or private road:

The 20 foot-wide access standard shall not be adjustable below minimum fire safety standards established under YCC Title 13.

A legal nonconforming lot may be increased in size to bring it into closer conformance with area, yard or depth requirements of the zone in which it is located. Reduction to a nonconforming lot's size is permitted only under Subsection 19.34.020(5)(d).

A legal nonconforming lot combined with other land to eliminate the nonconformity with any or all lot requirements of its zoning district shall thereafter remain in compliance.

A separate unit of "land" containing a building site reduced through governmental action or adverse possession below, or further below the required minimum size of the zoning district that it is located, shall be deemed a legal nonconforming lot. Any such action shall be reviewed under Chapter 19.34.

Building Permit Required. When any enlargement meets applicable development standards for the zoning district and this Title, such as building height, lot coverage, or setbacks, a building permit will be required for the structural enlargement.

Administrative Adjustment or Variance. When the enlargement does not meet the development standards of this Title, such as building height, lot coverage, or setbacks, relief may be requested in an administrative adjustment or variance under Chapter 19.35 and a demonstration of compliance with this Subsection prior to issuance of a building permit.

Damaged or Destroyed Structure. A legal nonconforming building or structure damaged or destroyed by fire, flood, explosion, wind, earthquake, war, riot, calamity or other catastrophic event may be restored or repaired under this Subsection.

Documentation. The property owner shall provide the information necessary under Subsection 19.33.030(2) to reasonably assure the Reviewing Official that a requested restoration or repair complies with this Section. Acceptable documentation may include:

Natural Hazards – Additional Requirements. Nonconforming structures damaged or destroyed by flooding or other natural hazards shall additionally be subject to the requirements of YCC Titles 16C or 16D.

Reconstruction Not Involving Expansion or Nonconforming Use. The Administrative Official may, through a Type 1 review process, approve reconstruction in conformance with the site plan or to be more conforming with the provisions and standards of the zoning district in which it is located. If it is determined that the requested reconstruction amounts to any expansion of the nonconforming structure's original bulk or dimension, the proposal shall be reviewed under Subsection (1) above. If it is determined the requested reconstruction involves a nonconforming use, the proposal shall also be reviewed under Section 19.33.060 Legal Nonconforming Uses.

Reconstruction of Structures. The building or structure, not expanding and not containing a nonconforming use, may be reconstructed to the footprint existing immediately before damage or destruction, provided:

No sign shall be changed in any manner that increases its noncompliance with this Title;

If the sign is structurally altered or moved, its legal nonconforming status shall be voided, and the sign and any replacement will be required to conform to Chapter 19.20. Nothing in this Section shall be construed to restrict normal structural repair and maintenance; and

The sign is not a hazardous sign or abandoned sign.

The sign is not a portable sign, temporary sign or an illegal sign.

Any person may request a determination by the Administrative Official through a Type 1 process regarding legal status of a nonconforming use.

Evidence submitted by the applicant shall demonstrate the specific use was lawfully created or established under the zoning regulations in existence at the time and that said use has been maintained and operated continuously, without alteration to the use outside of approval under applicable code, since the time zoning regulations governing the land changed. Acceptable documentation may consist of, but is not limited to, such items as:

If the Administrative Official cannot conclusively determine that the nonconformity was lawfully established and in continuous use or operation based on Subsection (b) above, then the matter may be referred to the Hearing Examiner for Type 2 hearing review. The Hearing Examiner shall be authorized to render a decision as to whether the nonconforming use or structure was lawfully established and in continuous operation, and review it for compliance with this Chapter.

The required maintenance and repair activities are for the purpose of continuing the nonconforming use at or below the lawful nonconforming use level, except as permitted through the nonconforming use alteration review process under Subsection (4) below; and

The value of work and materials in any 12 month period does not exceed 25% of the assessed valuation of such building or structure as established by the most current County Assessor's tax roll. Minor maintenance and repair includes such activities as painting, roof repair and replacement, plumbing, wiring, mechanical equipment replacement, and weatherization. Incidental alterations may include construction of nonbearing walls or partitions. Repair and alteration exceeding the 25% valuation shall require approval under the nonconforming use alteration review process of Subsection 19.33.060(4) below.

When Authorized. No existing nonconforming use of a structure or land shall be altered, enlarged, expanded, extended or replaced except as authorized under this Section. Replacement or restoration of nonconforming uses due to damage or destruction shall be reviewed under Subsection (6) below, with criteria that may also apply in this Subsection.

Definition. For this Section, the terms "alter, enlarge, expand, or extend" shall include, but not be limited to:

Nonconforming Dwellings. Any alteration or expansion of a nonconforming dwelling shall not exceed an increase of 50% of the gross floor area (including attached structures) when the dwelling became nonconforming. New detached, private garages and other structures accessory to the dwelling may be established, but new accessory housing units shall not be established on a lot containing a nonconforming dwelling. Expansions to nonconforming dwellings, not exceeding 50% of the gross floor area, and new detached structures accessory to the dwelling, other than accessory housing units, may be allowed under Type 1 review by the Administrative Official, who may attach conditions and limit the size and number of proposed accessory structures, provided the proposal:

Process to Alter, Enlarge, Expand or Extending Nonconforming Uses or Structures. The Hearing Examiner may consider applications under Type 3 review to alter, enlarge, expand, extend or reconstruct a legal nonconforming use, other than residential structures and mining sites described in Subsections (4)(c) above and (e) below, in the same location or to include a portion of a structure, site or adjoining lot it did not previously occupy on the date said use became nonconforming. The alteration, enlargement, expansion, extension or reconstruction requested shall be denied if the Hearing Examiner finds that one or more provisions in Subsection (i) below of this Subsection are not met.

Nonconforming Mining Site/Operation. Enlargement or expansion of a nonconforming mining site/operation that does not have a current permit from the Department of Natural Resources (DNR) may be allowed when the site is within an area plan designated mineral resource overlay, subject to the respective listed required level of review (1, 2, 3 or 4), rather than the nonconforming use expansion procedure of this Section. Those without current DNR permits shall be required to comply with this Title by applying for and receiving approvals for designation and operation of the site.

Change to an Allowed Use in the Zone. Applications to convert from a nonconforming use to a use allowed in the zone shall be made under Type 1, 2, 3 or 4 review, depending on the designated level of review for the new use as a Type 1 Permitted, Type 2 Administrative or Type 3 or 4 Conditional Use. Once converted to a permitted use, the nonconforming use shall not be re-established.

Change to Another Non-Allowed Use. A legal nonconforming use may be changed to another non-allowed use, subject to a Type 2 review, only if all of the following conditions are met:

Required site improvements, parking and signage shall be subject to the specific provisions of this Title.

Substantial or Partial Destruction of a Residential Structure. When a lot contains one or more legal, nonconforming, habitable dwellings, as defined in YCC Title 13, a dwelling with gross square footage not to exceed an increase of 50% of the building at the point it became nonconforming may be reconstructed through Type 1 review. Nonconforming mobile homes may only be replaced with a site-built dwelling, modular home or a manufactured home conforming to siting requirements of Section 19.18.290. The replaced or restored dwelling must be constructed according to building, health, and life safety codes within the time frame of Subsections (6)(d) and (e) below. New detached, private garages, carports and other residential accessory structures may be established without regard to a time frame under Subsection (4)(c) above.

Partial Destruction of a Non-Residential Structure. If the extent of either damage or repair cost does not exceed 50% of either the square footage or assessed value, as established by the most current County Assessor's tax roll, of a building or structure containing a nonconforming use, other than a dwelling or accessory residential structure, the building or structure may be reconstructed to the footprint existing immediately before partial destruction, subject to the time frames of Subsections (6)(d) and (e) below. Any expansion is subject to the review process of Subsection (4) above.

Substantial Destruction of a Non-Residential Structure. If the extent of either damage or repair cost exceeds 50% of either the square footage or assessed value of such building or structure as established by the most current County Assessor's tax roll, the building or structure shall only be reestablished when approved as an alteration under Subsection (4) above.

A building permit application for said restoration shall be filed for within 18 months of the date of the damage, disaster or destruction.

Restoration/reconstruction shall be completed within two years from the date of the issuance of the permit.

Upon receiving a written request submitted prior to the expiration of 18 months following destruction, the Administrative Official may through a Type 1 review process extend the above time limitations for special circumstances beyond the control of the owner of said building or structure. A lapse of more than 18 months shall be considered a discontinuation under Subsection (7) below.

A use is discontinued when:

The Administrative Official may, through a Type 1 process, grant an extension to the timeframe identified above, provided the property owner submits documentation demonstrating there was no intent to abandon the use and other applicable permits are obtained prior to the expiration of the extension. Documentation may include, but is not limited to, the following:

A statement from the property owner merely stating there is no intent to abandon is not sufficient documentation without showing additional actions taken by the property owner to re-establish the use or structure.

The Growth Management Act;

The Shoreline Management Act;

The Yakima County Comprehensive Plan, the Yakima Urban Area Comprehensive Plan, subarea plans and all related elements; and

Adopted Comprehensive Flood Hazard Management Plans.

Cemeteries and burial plots while used for that purpose.

Division of land into lots or tracts not containing a dedication, in which the smallest lot created by the division is 40 acres in area, or more, or that which is defined in the instrument of division as one-quarter of a quarter section of land, or greater area where the zoning district specifies a greater minimum; provided, that to compute the size of any lot under this Subsection the lot size shall be expanded to include that area which would be bounded by the centerline of the adjacent public street or road right-of-way.

Divisions of land made by testamentary provisions, or the laws of descent;

Divisions for lease when no residential structures other than mobile homes, manufactured homes, park models or travel trailers may be placed upon the land when the Reviewing Official has approved a binding site plan for the use of the land under Section 19.34.082.

Divisions of land created under RCW Chapter 64.32 or Chapter 64.34 (the Horizontal Property Regimes Act and Condominium Act).

All lots involved in the BLA application shall be contiguous and legally created as described in Subsection 19.01.070;

Will not create additional lots, tracts, parcels, or divisions;

Vacated rights-of-way or utility sites or easements parcels must remain in their configuration or be consolidated with adjoining lots;

Will not render a conforming structure or lot as substandard with respect to minimum setbacks, width and area, nor increase the nonconforming aspects of an existing nonconforming structure;

Will not compromise or render impractical any existing easement, designated building area, building envelope or easement reservation so it is unable to serve its intended purpose, unless acceptable provisions are made to replace or fully compensate for said purposes;

Will not alter boundaries to create intervening in-fee ownership separating the property;

Ensure accessory dwelling units as set forth in 19.18.020(1) remain with the primary use of the property;

Is consistent with applicable development restrictions and the requirements of this title, including but not limited to the general development standards of Chapter 19.10 and any conditions deriving from prior subdivision or short subdivision actions;

Will not cause boundary lines to cross a UGA boundary, jurisdictional boundaries, split zoned lots, cross on-site sewage disposal systems, prevent adequate access to water supplies, or obstruct fire lanes;

Will correct split zoned or designated lots with two or more zoning designations;

Will not detrimentally affect access, access design, or other public safety and welfare concerns. The evaluation of detrimental effects may include review by the health district, the County Engineer, or any other agency or department with expertise;

Will not create new access which is unsafe or detrimental to the existing road system because of sight distance, grade, road geometry, or other safety concerns as set forth in Chapter 19.23 and as determined by the County Engineer;

A BLA involving more than four lots must comply with the provisions set forth in Chapter 19.25;

The proposed BLA will not cause any lot that conforms with lot area or lot width requirements to become substandard;

The proposed BLA may adjust the size and dimension of undersized or nonconforming lots; provided, that the adjustment does not increase the divisibility of any of the final lots. Additionally, proposals for BLA changes in the AG and FW zoning district must be shown to benefit existing long-term commercial resource use;

Proposals for a BLA within the AG zoning district resulting in one vacant 1 to 3 acre lot and 1 remainder lot will require the recording of a declarative covenant to be placed on the large remaining lot immediately upon any future BLA or subdivision creating a 1 to 3 acre residential lot. The declarative covenant will indicate the large remaining lot cannot be further subdivided for 15 years while designated Agriculture by the Yakima County Comprehensive Plan.

Record of Survey. A record of survey shall be submitted as a condition of approval of the adjustment application in compliance with Chapter 58.09 RCW and YCC § 19.30.071. The document shall be titled "Record of Survey" and shall contain the full and detailed proposed legal descriptions.

Payment of Taxes Prior to Recording. In accordance with RCW 84.56.345, the applicant shall present a certificate of payment from the Yakima County Treasurer that all required taxes and all other assessments are paid prior to recording.

Owners' Signatures Required. All owners within the boundary line adjustment application shall sign the final recording document in the presence of a notary public.

Applications by Single Ownership. If applicable, boundary line adjustments within single ownership shall be conveyed through declaration of reconfiguration, declaration of easement or other conveyance recognized by the State of Washington.

Disclaimer. Approval of a boundary line adjustment does not represent or warrant that any lot so altered by an approved boundary line adjustment is suitable for development. All boundary line adjustments filed with the auditor shall contain the following on the recorded survey:

Other Recorded Documents. The deeds or other appropriate conveyances recognized by the State of Washington shall be filed for record concurrently with all other required documents, including any applicable disclosures.

In the AG and FW districts, provided that the number of buildable lots, defined in Section 19.01.070, may not be increased through the cluster development provisions of this Section in these districts;

Ten or more total acres in areas of the Rural-10/5 district that meet the criteria of Subsection 19.11.030(3);

Four or more total acres in the RT district;

Five or more total acres in the SR, R-1 and R-2 districts where a community on-site sewage disposal system or regional sewer system is also provided for the new lots.

Outside Urban Growth Areas where a public water system, defined in Section 19.01.070, is provided;

Within Urban Growth Areas where both a public water system and a community on-site sewage disposal or regional sewer system are provided; and

Cluster development is not allowed in the MIN, R/ELDP-40, RS, HTC, R-3, B-1, B-2, SCC, LCC, GC, M-1 and M-2 zoning districts;

Maximum Density. Cluster developments involving new lots in rural and Urban Growth Areas are allowed to the applicable minimum lot size requirements of Chapters 19.11 through 19.13. A density bonus of 115% of the gross area of the site may be used when clustering new lots.

Cluster Lots.

Remainder Parcel.

Lot Requirements. New lots subject to this Section shall comply with the applicable lot size standards for clustered lots in the following Table 19.34.035-1.

In reviewing a proposal for cluster development through boundary line adjustment, the Reviewing Official shall determine whether:

The Reviewing Official may apply such special conditions or stipulations to approving a cluster development as required to maintain compatibility with neighboring uses and to promote the objectives and purposes of the Comprehensive Plan and this Title.

If the Reviewing Official finds that the requirements of this Section are satisfied, they shall approve the cluster development, subject to any special conditions or stipulations under this Section, any necessary reduction to special setbacks provided by Section 19.18.205, and any necessary enlargement to lot size under Section 19.11.010(3)(d).

Application. An applicant for a preliminary short subdivision shall submit the requisite fee, a completed application review form and the information in Section 19.30.060.

Process. Review of the application shall be conducted as a Type 2 process under Chapter 19.30 and YCC Title 16B.

The Administrative Official shall approve a preliminary short plat if the applicant has demonstrated the application complies with the approval criteria in Subsection 19.34.050(5)(a) or that the application can meet those criteria by complying with conditions of approval.

Preliminary short subdivision approval shall be considered the basis upon which the applicant may proceed with development of the short subdivision and preparation of the final short plat subject to all conditions of the preliminary short subdivision approval.

Applications to amend a preliminary short subdivision approval shall be processed through Type 2 review subject to additional notice and fees provided that the short subdivision application has not expired. The Administrative Official may amend conditions of the preliminary short subdivision approval as necessary to address the proposed amendment request; however, this process is not intended to remove conditions of approval more appropriately addressed through the appeal process.

Minor changes or correction of errors not involving an increase in the number of lots or the change of conditions may be made by the applicant or County through the Type 1 review process.

The altered or vacated short subdivision must comply with the procedures and requirements of this Chapter. A new plat will be required with a survey of any new lot lines created by the altered or vacated short subdivision. The title block of the recorded plat map shall state "Amended Short Plat."

The altered or vacated short subdivision shall show all of the land on the original short plat and shall bear the signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites, or divisions in the subject short subdivision or portion to be altered within the original short subdivision as described in RCW 58.17.212 and 58.17.215 as shown by a current (i.e., within 60 days) title certificate.

Minor changes or correction of errors not involving a change in lot lines or conditions may be made by the surveyor through the Type 1 review process by recording an affidavit with the County Auditor referencing the short plat by number and the correction.

When reducing the number of lots from the original approval and the proposed change does not affect any of the recorded plat requirements from the original approval, such as but not limited to easements, plat notes, access and/or utility locations, the boundary line adjustment process may be used as outlined in this Chapter.

An application fee as specified in YCC Chapter 20.01;

The preliminary plat; and

Supplementary material as specified in Sections 19.30.060, 19.30.070, 19.30.072 and Subsection 19.34.050(1) shall be submitted to the Planning Division.

Copies of the preliminary subdivision application, supplementary material, environmental documents and notice of public hearing shall be forwarded by the Planning Division to the agencies identified in RCW 58.17.080, RCW 58.17.150 and YCC Subsection 16B.05.030(3)(a) for their respective recommendations, if any.

The Yakima Health District may require the applicant to provide information necessary to determine the feasibility of the contemplated sewage disposal and water supply for the proposed subdivision.

Any recommendations of the aforesaid public agencies shall be submitted to the Planning Division prior to the close of the record under Subsection 19.34.050(5).

Decision Criteria. The Reviewing Official shall approve a preliminary subdivision if the applicant has demonstrated the application complies with the following approval criteria or that the application can meet these criteria by complying with conditions of approval:

Open Record Public Hearing Review.

Closed Record Hearing Review.

Approval of a preliminary subdivision shall not constitute approval of the final plat for recording. Rather, it shall be a guide to preparing the final plat which shall be submitted for approval of the required officials within five years of preliminary subdivision approval, or as such time period is modified by RCW 58.17.140.

An approved subdivision expires five years after the effective date of the preliminary subdivision approval (or as such time period is modified by RCW 58.17.140) unless a fully complete application for a final subdivision has been submitted. Extensions may be approved under Subsection (10) below.

Criteria – Minor Amendments.

Filing – Minor Amendments. The following procedures shall be required for all minor amendments:

Major Amendments – Criteria.

Approval Criteria. The Administrative Official may approve the request after making findings that the final subdivision extension will not be contrary to the public health, safety or general welfare, and provided that one or more of the following circumstances is found to apply:

Submittal Requirements and Timeline. The request for the time extension shall be accompanied by the approved preliminary subdivision showing the location and size of any development or work already completed on the project, with a timeline that identifies when each of the conditions of the decision has or will be completed and details circumstances that prohibited the commencement or completion, or both, of the authorized subdivision.

Extension Limitations and Additional Conditions. The Administrative Official may only grant one time extension, up to a period of five additional years from the original expiration date. RCW 58.17.140(4) authorizes the grant of extension to include additional or altered conditions and requirements recommended by affected agencies or found applicable by the Administrative Official if issues presented are substantially mitigated by revisions to the original approval or if changes in adjacent development or studies merit updates to required conditions.

Subdivision name;

Name, mailing address, and telephone number of engineer preparing the plan; and

Date (month and year).

Verification. The applicant shall provide written verification from the Yakima Health District to the Planning Division that the proposed lots are adequate to accommodate an on-site sewage system and reserve area outside of any water supply protection zone under WAC 246-272A-0320 when an individual, on-site sewage system is proposed:

Notice. Where the Yakima Health District waives the requirement to provide written verification that the lots can accommodate an on-site sewage system, but one or more resultant parcel is under 2.5 acres, the following notice shall be recorded on the final plat or document:

Improvements Required. As a condition of approval the Reviewing Official may require sewer improvements as set forth under Subsection 19.25.045(1) for development within Urban Growth Areas.

Each lot has direct access to water from the mainline without the service line having to be installed on or across a separate lot from the lot to be served;

Service lines would not need to cross roads or other utilities;

Water service to other lots would not need to be interrupted to install the service lines in the future; and

Where required, a covenant shall be recorded establishing a well control zone (sanitary control area) of sufficient diameter as determined by the Yakima Health District and/or the Washington State Department of Health.

Standards and Review.

Alternative to Dedication or Payment in Low-Density Neighborhoods. As an alternative to providing a recreation area under Subsection (7)(a) above within the SR and R-1 districts the applicant may choose to limit the entire development to a minimum lot size of 7,000 square feet or larger and a maximum lot coverage of 45%. A statement shall appear on the face of the plat that acknowledges these limitations and that the maximum lot coverage may not be adjusted to exceed 45%.

Conform substantially to the preliminary subdivision;

Incorporate any conditions or recommendations imposed by the Reviewing Official;

Include the following information, either on the face of the plat, if practicable, or, if not, on a separate attached statement. Any required signatures shall be in permanent black ink on the original document to be filed;

Subdivisions within Irrigation Districts. Comply with the following provisions if the subdivision lies wholly or in part in an irrigation district:

Subdivisions within Floodplains. Comply with the following provisions if wholly or in part within an identified special flood hazard area:

Subdivisions within Shoreline Jurisdiction. Include the following statement on the face of the plat, if wholly or in part within the jurisdictional boundary of the Yakima County Regional Shoreline Master Program:

Stormwater. Include a statement on the face of the plat that the owners and their grantees and assignees in interest agree to retain surface water generated by the (___-year, 24-hour) storm event (defined by the Reviewing Official) within the divisions of land. Any drainageways must not be altered or impeded; provided, this provision will not apply to divisions of land that have received written approval of a stormwater site plan to discharge surface water to a publicly owned or authorized storm water system.

Individual Driveway Grades. Include the following statement on the face of the plat for properties with ground slopes exceeding ten percent, as depicted on the final grading plan:

Addressing. Include the following statement on the face of the plat:

Dedications. Include dedication by owner of streets, rights-of-way, easements and any sites for private or public use.

Acknowledgement of Subdivider. Include an acknowledgment by the person filing the plat before the Auditor of the County. A certificate of said acknowledgment shall be enclosed or annexed to such plat and recorded therewith.

Payment of Taxes. Accompany a certificate of payment from the County Treasurer stating all taxes and delinquent assessments for which the property may be liable as of the date of certification by the Treasurer have been fully paid, satisfied or discharged.

Approvals, Certificates, Affidavits, Covenants, Disclaimers and Endorsements. Include the following information, if practicable, or, if not, on a separate attached statement. Any required signatures shall be in permanent black ink on the original document to be filed.

The Administrative Official, County Engineer and Yakima Health District shall review the final plat for conformance to conditions imposed on the approved preliminary subdivision. Approval of the planning agency shall be indicated by the signature of the Administrative Official on the original tracing.

The final plat shall be submitted to the office of the County Engineer for final checking and inspection before ultimate approval is given. Office checking will be charged for at the prevailing wage rate for county engineers. A field check may be made of the boundaries of the plat. Approval of the County Engineer shall be indicated by the signature of the County Engineer on the original tracing.

Divisions as provided in RCW 58.17.040(4) for the purpose of sale, lease or transfer of property zoned Small Convenience Center (SCC), Large Convenience Center (LCC), General Commercial (GC), Highway/Tourist Commercial (HTC), Light Industrial (M-1), and Heavy Industrial (M-2) under Subtitle 19.1; and

Divisions of property for lease as provided for in RCW 58.17.040(5), when no residential structure other than mobile or manufactured homes or travel trailers are permitted to be placed upon the land when the County has approved a binding site plan for the use of the land under Sections 19.18.130 and 19.18.280.

General Binding Site Plan.

Administrative Approval of Individual Lots. The creation of individual lots, other than lots established by the recorded general binding site plan, may be administratively approved through Type 1 review. Once a completed binding site plan division application is submitted with the fee in YCC Title 20, it will be reviewed by the Planning Division and all other divisions of the Public Services Department, and any other agency with jurisdiction, for compliance with this Chapter. An application shall not be accepted or approved unless:

The lot(s) to be created meets the requirements set forth in the recorded general binding site plan;

The lot(s) meets the minimum lot size in the zoning district.

Compatible with other existing uses within the general area;

Consistent with goals, objectives, policies, and recommendations of Yakima County Comprehensive Plan(s) and if applicable, the Regional Shoreline Master program;

In conformance with the uses allowed in the zoning classification within which the property is located;

In compliance with and meets all requirements and standards of this Chapter and Section 19.18.130; and

Consistent with land use requirements listed in YCC Title 13 Appendix G601 Recreational Vehicles, provided that recreational vehicle length of stay shall be limited to a period not to exceed 30 days, except for the camping vehicle occupied by the campground hosts.

Preliminary site plan approval of a campground or recreational vehicle park, including all development phases, shall be effective for five years from the date of approval.

If a final binding site plan is not approved and recorded within this five-year time period, preliminary site plan approval shall expire; however, as provided in YCC Section 16B.07.050, if the applicant completes and files all plans and specifications and substantially meets all conditions required as part of the preliminary approval, and further if the applicant requests an extension at least thirty days prior to the expiration date, the Administrative Official may grant one extension of preliminary application approval of a duration up to two years, during which all construction shall be completed or guaranteed.

Failure to complete construction of required improvements or provide satisfactory assurance of completion in the manner provided in Subsection 19.30.130(5) within the two-year time extension period shall cause expiration of preliminary site plan approval, and it shall be necessary to resubmit an application for preliminary approval if the project is to continue. Any resubmitted application shall be subject to the regulations and fees in effect at the time of resubmission.

Following preliminary site plan approval, the applicant shall proceed with completion of engineering plans and specifications for roads, water, sewage disposal, drainage and stormwater treatment, power, cable, and other utility services.

Following approval of the engineering plans and specifications, construction of the campground or recreational vehicle park may commence in conformance with the approved plans and specifications. Any deviation from the approved plans shall be subject to a modification to the approved use and written approval from the Reviewing Official.

Following installation and construction of the required improvements, as-built plans for the water system, sewage disposal system, road construction, storm drainage, and other improvements shall be prepared and certified by a registered engineer. Two copies of the certified as-built plans shall be submitted with the final binding site plan.

Final binding site plan approval is an administrative process. The final binding site plan and three copies shall be prepared on 18 inch by 24 inch Mylar sheets, or other media acceptable to the County Auditor. The final binding site plan shall contain:

One copy of the approved final binding site plan shall be recorded and filed in the Auditor's records. A campground or recreational vehicle park shall not be legal and approved until the approved final binding site plan has been recorded and filed with the County Auditor.

The operator of a campground or recreational vehicle park shall establish rules and regulations for the management of the establishment and its guests and employees, and each guest or employee staying or employed in the establishment shall conform to and abide by such rules and regulations so long as the guest or employee remains in the park or campground. The submission of campground or recreational vehicle park management rules shall be required when an applicant files for final binding site plan approval.

A final binding site plan drawn by a licensed surveyor or engineer for the project shall be submitted verifying all required improvements have been completed or a surety bond has been posted in a form and amount acceptable to Yakima County for their completion. The final binding site plan shall be legibly drawn, printed or reproduced at a scale appropriate to show the necessary detail, which in no event shall be less than one inch to 100 feet, and containing at least:

The final binding site plan shall be submitted to the Reviewing Official to be reviewed. Once approved, it shall be filed with the County Auditor within 14 days.

Building permits for the manufactured or mobile homes shall not be granted until after the final binding site plan has been filed with the County Auditor.

Development in conformity with the approved final binding site plan is binding. Deviation from any condition upon which approval was granted, or from any condition shown on the approved final binding site plan, shall constitute a violation of this Title punishable and enforceable in the manner provided for in YCC Section 16B.11.050.

Coordinate development with adjacent land uses and the physical features of the site;

Permit flexibility in the design and placement of structures and other site improvements;

Allow developments consistent with a respective city or neighborhood comprehensive plan; and

Allow buildings to be sited to maximize solar access;

Administrative adjustments to certain development standards under this Title may be approved, except as limited in Subsection (b) below, as follows:

The Reviewing Official shall not have the authority through the administrative adjustment process to modify the requirements for:

The purpose and intent of Comprehensive Plan policies that relate to the specific adjustment being proposed and this Title;

The purpose and intent of the specific zoning district and the standard being adjusted;

Maintaining the minimum administrative adjustment necessary to accommodate the proposed use;

Balancing the flexibility of the administrative adjustment with the health, safety and general welfare of individual neighborhoods and the community; and

The placement or design of structures will maximize solar access for the production of solar energy;

Legislative Intent. Special setbacks were adopted to protect the farmer or other resource property owner from nuisance complaints resulting from common, customary and accepted resource management practices, and to protect non-resource occupants of ESLUs from the noise, spray drift and other potential impacts from such adjacent management practices. Considerations in reducing the setback may include the dimensions of the parcel, historic use, natural features, physical barriers, crop type and location of structures on adjoining properties, proposed site design including location of the ESLU and the use of screening, berms, barriers and/or landscaping.

Review Criteria. In lieu of the review criteria for other types of administrative adjustments in Subsection (5), resource setback reductions to the setbacks for ESLUs, under Subsection 19.18.205(2) may be granted, subject to Type 2 review and recording a declarative covenant as provided in Section 19.18.205(4), if an applicant can document on the required site plan and accompanying narrative that:

Documentation. The documentation in Subsection (a) may include or be supported by the characteristics of adjoining and nearby land use and mitigation measures that effectively reduce the potential for land use conflicts and separate the site from active agricultural, forest or mineral operations, such as: use of landscape buffers or screening under Chapter 19.21 and site design using berms or other physical features. Where a setback reduction is justified by this specific subsection, the proposed ESLU must maintain the maximum practicable setback. Subsection (b) above shall not be used to reduce the setback by over fifty percent, except as provided under Subsection (d) below.

Exceptions. The widths of the setbacks specified in Subsection 19.18.205(2)(a) may be modified under Type 1 review by the Building Official in consultation with the Administrative Official and recording a declarative covenant as provided in section 19.18.205(4), or as stipulated by conditions of previous permit approvals, where the applicant documents one or more of the following cases:

Effect of Intervening Right-of-Way or Easement. If the property abuts a public or private right-of-way or easement that is precluded from being utilized for resource purposes (agricultural, mineral or forestry), because it contains limiting features such as, but not limited to, roadways, railroads, and irrigation canals, then the width of the right-of-way or easement may count towards the setback requirement.

Comprehensive Design Plan. A comprehensive design plan is required whenever adjustment of one or more sign standards of Chapter 19.20 is proposed or when required as part of the detailed sign plan. The comprehensive design plan shall include a narrative and site plan, including, but not limited to the following:

Review Procedures and Criteria. The Reviewing Official shall use the criteria in this Subsection in lieu of Subsection (5) above and review the comprehensive design plan under this Chapter and may either approve or disapprove the plan. The Reviewing Official shall approve the comprehensive design plan and/or adjustments in the standards of Chapter 19.20 when such approval would:

Conditions of Approval. The Reviewing Official may also attach conditions to this approval to accomplish the objectives of Chapter 19.20 and the legislative intent of this Chapter.

No useable space for landscaping exists between the proposed new structure and existing structures on adjoining lots or alleys because of inadequate sunlight or inadequate width.

The building setback provided in front of the new structure is less than six feet or is developed as a plaza with decorative paving/pavers, trees, planters, or other amenities.

Xeriscape landscaping is utilized in designated stormwater control areas; provided, this factor shall not be used exclusively in reducing a sitescreening standard.

When existing trees and other vegetation serves the same or similar function as the required landscaping, they may be substituted for the required landscaping if they are healthy and appropriate for the site at mature size. When existing trees are eight inches or more in diameter, they shall be equivalent to three required landscape trees. If necessary, supplemental landscaping shall be provided in areas where existing vegetation is utilized to accomplish the intent of this Chapter.

Other adjustments to sitescreening requirements provided that they are able to comply with criteria in Subsection (5) above, as the Reviewing Official determines applicable.

Modifications to existing or approved Type 2 and 3 uses may be reviewed under this Section 19.35.030.

All modifications to an existing or approved Type 1 Permitted Use or development shall be reviewed as a Type 1 Permitted Use rather than under these modification provisions.

For a list of activities and modifications typically not subject to the modification review process of this Title, see Subsection 19.30.020(2).

The modification will not increase residential use by more than one unit, if allowed by the zoning district;

The modification will not increase the required parking by more than 20% or 20 spaces (whichever is less), except that the parking for controlled-atmosphere and cold storage warehouses may be increased by up to twenty spaces. This limit shall be calculated cumulatively for all previous modifications;

The proposed modification will not expand the total square footage of all structures and/or outdoor use areas, excluding parking, by more than 20%. This limit shall be calculated cumulatively for all previous modifications;

The modification will not change or modify any condition imposed under any previous official review where it is specifically found by the applicable Reviewing Official for the approved use that a particular condition is no longer necessary due to changes in circumstances (in such cases, notice shall be provided to adjacent property owners identified in YCC Subsection 16B.05.030(3), in a manner similar to Type 2 applications);

The modification will not significantly reduce the amount or location of required site screening;

The modification will not expand an existing nonconforming use, or render a conforming use or structure substandard;

The modification will not establish a new use;

The modification will not expand a landfill, mining/site operation, mineral processing or mineral batching activity;

In the determination of the Reviewing Official, the modification will not create or materially increase any adverse impacts or undesirable effects of the project, or cause the use or structure to become inconsistent with County adopted plans or the purpose of the zoning district;

The modification will not increase the height of any structure;

Any demolition of structures will not exceed 20% of the current area. This limit shall be calculated cumulatively for all previous modifications;

The modification will not add a drive-through facility that abuts a residential zone; and

The modification does not include hazardous materials (Chapter 70.105 RCW).

Design Modifications Requested Concurrently with a Project Permit Application. A pre-application meeting is required for all land use applications that include design modifications to the road standards in Chapter 19.23. Design modification requests must be presented to Yakima County during the pre-application meeting held for the associated permit application. Design modifications are reviewed and approved through the transportation review findings of the underlying land use application, based on additional information as required in Subsection (b) below. Design modifications must be requested at the time of the underlying land use application, or processed as an amendment to the permit, if available, as provided in Subsection (c) below.

Submittal Requirements for Requested Design Modifications.

Design Modifications Requested after the Project Permit Decision.

Before any design modification to the standards in Chapter 19.23 or Table 19.35.050-1 may be granted, the Reviewing Official shall consider all of the following:

In addition to Subsections (3)(a) and (b) above, in considering a road design modification request within Urban Growth Areas, the County will require sufficient right-of-way to be dedicated such that frontage and cross circulation roads will be substantially completed within the 20 year period provided in RCW 36.70A.110.

When granting a design modification, the Reviewing Official may attach specific conditions that will accomplish the intent of standards, criteria, and established policies. These conditions will be incorporated into the project permit requirements. Examples of such conditions may include:

Requests for design modifications will receive a final decision with the project permit.

The amendment does not increase the areas identified for any particular land use or increase the residential density approved in the master plan;

The amendment does not increase the total floor area of nonresidential uses by more than five percent;

The amendment does not materially change the type and character of approved uses;

The amendment does not materially change parking or traffic circulation within the development;

The amendment does not materially change setbacks, buffers, landscaping, shoreline, critical area or other mitigation measures;

The amendment does not materially impact the overall design of the approved master plan; and

Other similar changes minor nature proposed to be made to the configuration, design, layout or topography of the Master Planned Development deemed not to be material or significant in relation to the entire Master Planned Development and are determined not to have any significant adverse effect on adjacent or nearby lands or the public health, safety or welfare;

Under no circumstances shall the Hearing Examiner grant a variance to allow a use not permissible under the terms of the Title in the zoning district involved, or any use expressly or by implication prohibited in the zoning district by this Title.

A variance application that would alter density or minimum lot size requirements shall not be accepted or granted.

A variance application shall not be accepted if administrative adjustment or modification provisions apply and could provide the relief sought from the standards of this Title.

The Hearing Examiner shall not have jurisdiction to grant a variance to standards or requirements under the Federal Emergency Management Agency's National Flood Insurance Program (NFIP) as implemented by YCC Title 13.

Special circumstances applicable to the property, including size, shape, topography, location or surroundings, exist;

Due to such special circumstances, strict application of this Title would deprive the property of rights and privileges enjoyed by other properties in the vicinity under identical zoning district classification;

Granting the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zoning district classification in which the property is situated;

Special circumstances do not result from the actions of the applicant;

The variance is the minimum variance that will make possible the reasonable use of the land, building or structure;

Granting a variance will be in harmony with the general purpose and intent of this Title, the specific zoning district and the Comprehensive Plan;

Administrative adjustment or administrative modification provisions of this Chapter were not applicable or could not provide the relief sought from the standards of this Title;

Granting the variance requested will not confer on the applicant any special privilege denied by this Title to other lands in the same area; and

Financial gain is not the ground or grounds for the variance.

The conditions in Section 19.17.030;

All technical evaluations and standards that apply;

The danger to life and property due to flooding or airport land use and safety conflicts;

The importance of the services provided by the proposed use to the community;

The necessity to the facility of a waterfront or airport location;

The availability of alternative locations for the proposed use that is not subject to flooding or airport hazards;

The compatibility of the proposed use with existing and anticipated development; and

The relationship of the proposed use to the Airport Master Plan and floodplain requirements under the Federal Emergency Management Agency's National Flood Insurance Program (NFIP) as implemented by YCC Title 13.

The Hearing Examiner shall file a written decision following closing of the public hearing in accordance with YCC Chapter 16B.09 that shall include the following considerations:

The Hearing Examiner may approve, modify, deny, or require conditions of approval in his or her judgment that will substantially secure the objectives of the standards or requirements so varied or modified.

Violations of conditions and safeguards, when made a part of the terms under which the variance is granted, shall be considered a violation of this Title and is subject to remedies set forth in YCC Chapter 16B.11.

The Board;

The Planning Commission; or

A minor rezone application filed by the property owner(s).

The testimony at the public hearing;

The suitability of the property in question for uses permitted under the proposed zoning;

The recommendation from interested agencies and departments;

The extent to which the proposed amendments are in compliance with and/or deviate from the goals and policies as adopted in the Comprehensive Plans, adopted neighborhood plans and the intent of this Title;

The adequacy and availability of public facilities, such as roads, sewer, water and other required public services;

The compatibility of the proposed zone change and associated uses with neighboring land uses;

The public need for the proposed change. Public need shall mean that a valid public purpose, for which the Comprehensive Plan and this Title have been adopted, is served by the proposed application. Findings that address public need shall, at a minimum, document:

Whether substantial changes in circumstances exist to warrant an amendment to the current designation or zone.