"Abutting"means having a common boundary, except that parcels having no common boundary other than a common corner shall not be considered abutting.
"Accessory structure"means a structure on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For floodplain management purposes, the term includes only accessory structures used for parking and storage.
"Alteration of watercourse"means any action that will change the location of the channel occupied by water within the banks of any portion of a riverine water body.
"Appeal"means a request for a review of the interpretation of any provision of this title or a request for a variance.
"Appeal, closed record"means an administrative appeal on the record, where no or limited new evidence or information is allowed to be submitted, and only appeal argument is allowed.
"Area of shallow flooding"means a designated zone AO, AH, AR/AO or AR/AH (or VO) on a community's flood insurance rate map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Also referred to as the "sheet flow area."
"Area of special flood hazard"means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. It is shown on the flood insurance rate map (FIRM) as zone A, AO, AH, A1-30, AE, A99, AR (V, VO, V1-30, VE). "Special flood hazard area" is synonymous in meaning with the phrase "area of special flood hazard."
"ASCE 24"means the most recently published version of ASCE 24, Flood Resistant Design and Construction, published by the American Society of Civil Engineers.
"Automobile wrecking"means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts. The presence on any parcel of land of five or more motor vehicles which for a period exceeding 30 days have not been capable of operating under their own power, and from which parts have been or are to be removed for reuse or sale shall constitute evidence of an automobile wrecking yard.
"Base flood"means the flood having a one percent chance of being equaled or exceeded in any given year (also referred to as the "100-year flood").
"Basement,"in the context of flood damage prevention, means any area of the building having its floor subgrade (below ground level) on all sides.
"Bed and breakfast"means a facility offering from one to eight lodging units and breakfast to travelers and guests.
"Breakaway wall"means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.
"Building code"means the currently effective versions of the International Building Code and the International Residential Code adopted by the State of Washington Building Code Council.
"Concurrency"means a determination that the facilities necessary to serve a proposed land development are in place or planned for and properly funded with a reasonable expectation that the facilities will be in place at the time needed to preserve adopted levels of service.
"Condominium"means a building or complex of buildings containing individually owned residential units.
"Contiguous land"means land touching other land at one or more points and having the same owner regardless of whether or not portions of the parcels have separate tax lot numbers, were purchased at different times, lie in different sections, are different government lots or are separated from each other by watercourses or private easements.
"Cottage housing"means a detached, single-family dwelling unit containing 1,500 square feet or less of gross floor area.
"Critical facility"means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, and installations that produce, use, or store hazardous materials or hazardous waste.
"Cumulative substantial value"means flood-related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 26 percent of the market value of the structure before the damage occurred.
"Development"in the context of flood damage prevention means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment located within the area of special flood hazard.
"Development agreement"means an agreement between the city and a property owner setting forth the applicable development standards and other provisions, including mitigation, which vest the development, and which are consistent with the development regulations at the time the agreement is entered into. Approval of a development agreement is obtained after a public hearing.
"Elevated building"means, for insurance purposes, a nonbasement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns.
"Elevation certificate"means an administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate, and to support a request for a letter of map amendment (LOMA) or letter of map revision based on fill (LOMR-F).
"Emergency housing"means temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that are intended to address the basic health, food, clothing, and personal hygiene needs or individuals or families. Emergency housing may or may not require occupants to enter into a lease or occupancy agreement.
"Emergency shelter"means a facility that provides a temporary shelter for individuals or families who are currently homeless. Emergency shelters may not require occupants to enter into a lease or occupancy agreement. Emergency shelter facilities may include day and warming centers that do not provide overnight accommodations.
"Essential public facility"means those infrastructure facilities that serve the residents of Yelm that are typically difficult to site. For Yelm, essential public facilities include such facilities as streets, domestic water systems, storm and sanitary sewer systems, public safety and emergency response facilities, parks and recreational facilities, schools, hospitals and emergency medical centers, railroad terminals and facilities, and electric/natural gas substations and appurtenances.
"Expansion to an existing manufactured home park or subdivision,"in the context of flood damage prevention, means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
"Family"means an individual, or two or more persons living together in a dwelling unit as a single housekeeping unit. The term "family" shall also include such other persons as may be included in any definition required by state or federal law.
"Flood" or "flooding"means a general and temporary condition of partial or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters;
2. The unusual and rapid accumulation of runoff of surface waters from any source.
"Flood elevation study"means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. Also known as a "flood insurance study (FIS)."
"Flood insurance rate map (FIRM)"means the official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM).
"Floodplain administrator"means the community official designated by title to administer and enforce the floodplain management regulations.
"Floodplain management regulations"means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other application of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
"Floodproofing"means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. Floodproofed structures are those that have the structural integrity and design to be impervious to floodwater below the base flood elevation.
"Floodway"means the channel of a river or other watercourse and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the surface water elevation more than a designated height, also known as the "regulatory floodway."
"Floor area"means the sum of the gross horizontal area of the floor or floors measured from the exterior faces of the exterior walls, including elevator shafts and stairwells on each floor and all horizontal areas having a ceiling height of seven feet or more, but excluding all parking and loading spaces, cellars, unroofed areas, roofed areas open on two sides, areas having ceiling height of less than seven feet and basements used exclusively for storage or housing of mechanical or central heating equipment.
"Floor area, gross"means the sum of the total horizontal areas of the several floors of all buildings on a lot, measured from the interior faces of exterior walls.
1. The term "gross floor area" includes basements, elevator shafts and stairwells at each story, floor space used for mechanical equipment with structural head room, interior balconies and mezzanines.
2. The gross floor area of structures devoted to bulk storage of materials including, but not limited to, grain elevators and petroleum storage tanks shall be computed by counting each 10 feet of height or fraction thereof as being equal to one floor.
3. The term "gross floor area" shall not include cellars or outside balconies that do not exceed a projection of six feet beyond the exterior walls of the building. Parking structures below grade and rooftop mechanical structures are excluded from gross floor area.
"Grade,"in the context of signage, means the elevation or level of the street closest to the sign to which reference is made, as measured at the street's centerline, or the relative ground level in the immediate vicinity of the sign.
"Hazard areas"means areas designated as frequently flooded areas or geologically hazardous areas due to potential for erosion, landslide, seismic activity, mine collapse, or other geological condition.
"Highest adjacent grade"means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
"Historic structure"means any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
a. By an approved state program as determined by the Secretary of the Interior, or
b. Directly by the Secretary of the Interior in states without approved programs.
"Increased cost of compliance"means a flood insurance claim payment up to $30,000 directly to a property owner for the cost to comply with floodplain management regulations after a direct physical loss caused by a flood. Eligibility for an ICC claim can be through a single instance of "substantial damage" or as a result of a "cumulative substantial damage."
"Kennel"means a place where adult dogs are kept by persons providing the service of facilities for breeding, and the offspring thereof are sold for profit; or where such animals are received for care, training and boarding for compensation; but not including a small animal hospital, clinic, or pet shop.
"Land use application"means a completed land use application form as furnished by the city. The application shall also include all required attachments or other additional information listed in the application instructions. The required attachments and additional information required will depend on the type of permit requested.
"Live-work structures"means a building that contains commercial business and residential use for the business operator, owner, or employee. Allowed occupancies for live-work structures include assembly, office/cafe/business, retail, and manufacturing of nonhazardous materials. Subject to limitations set by the currently adopted International Building Code.
"Long-term bicycle parking"means bicycle parking designed for bicycles parked for more than four hours, such as bicycle lockers, cages, or rooms, providing additional security to ensure bikes are safe from theft, vandalism, and sheltered from weather over prolonged periods of time.
"Lot"means a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels.
"Lowest floor"means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of YMC §
18.21.080.
"Manufactured home"at the time of manufacture is still considered to meet this definition notwithstanding that it is no longer transportable (RCW
46.04.302). "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers, recreational and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include travel trailers, recreational, and other similar vehicles.
"Manufactured housing community"means a residential development typified by single ownership of land within the development, with the landowner retaining the rights of ownership. Home sites within the community are leased to individual homeowners, who retain customary leasehold rights.
"Manufactured home park or subdivision"in the context of flood damage prevention means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by the community. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the community.
"Mean sea level,"for purposes of the National Flood Insurance Program, means the vertical datum to which base flood elevations shown on a community's flood insurance rate map are referenced.
"Mixed use development"is the development of land, buildings, or structures with a variety of complementary and integrated uses, such as, but not limited to, retail, office, public, residential, or entertainment, in a compact urban form. The development must achieve physical and functional integration within itself.
"Multifamily"is a housing classification of four or more dwelling units contained within one building or several buildings within one complex. Apartments and condominiums are considered multifamily.
"New construction,"for the purposes of determining insurance rates, means structures for which the start of construction commenced on or after the effective date of an initial flood insurance rate map or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
"Nonconforming building or structure"means a building, structure or portion thereof that was legally in existence, either constructed or altered prior to the effective date of the ordinance codified in this title, which does not conform with the requirements of this title.
"Nonconforming lot"means a parcel of land, in separate ownership, and of record prior to the effective date of the ordinance codified in this title, which does not conform to the dimensional or area requirements of this title.
"Nonconforming use"means an activity in a structure or on a tract of land that was legally in existence prior to the effective date of the ordinance codified in this title, which does not conform to the use regulations of the use district in which it is located.
"Nonconformity"means a legally established existing use or legally constructed structure that is not in compliance with current regulations.
"Open record hearing"means a hearing that creates the record through testimony and submission of information. An open record hearing held prior to a decision is an "open record predecision hearing."
"Owner"means the fee simple owner as designated on the Thurston County assessor's record.
"Permanent supportive housing"is subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and personal behaviors. Permanent supportive housing is paired with on-site or off-site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident's health status, and connect the resident of the housing with community-based health care, treatment, or employment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in Chapter
59.18 RCW.
"Principal use"means the specific and primary purpose for which land or building is occupied, arranged, designed or intended, or for which either land or building is or may be occupied or maintained.
"Project permit"means any land use or environmental permit or license, including: binding site plans, building permits, critical area approvals, subdivisions, master plans, planned unit developments, site plan review, and special uses.
"Proportionate share"means that portion of the cost of public facility improvements that are reasonably related to the service demands and needs of new development.
"Reasonably safe from flooding"means development that is designed and built to be safe from flooding based on consideration of current flood elevation studies, historical data, high water marks and other reliable date known to the community. In unnumbered A zones where flood elevation information is not available and cannot be obtained by practicable means, "reasonably safe from flooding" means that the lowest floor is at least two feet above the highest adjacent grade.
"Recreation and entertainment venue"is a commercial establishment (indoors or outdoors) where patrons can actively participate in sports, live or cinematic entertainment, and other recreational activities.
"Recreational vehicle"means a vehicle which is:
1. Built on a single chassis;
2. Four hundred square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or towable by a light-duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
"Recreational vehicle park"means a parcel or tract of land having designated areas for rent to one or more persons for parking or placement of a recreational vehicle for less than 30 days, as opposed to permanent year-round occupancy.
"Residential care facility"means a facility, licensed by the state, that cares for at least five but not more than 15 people in a state licensed facility, that has not been licensed as an adult family home pursuant to Chapter
70.128 RCW. These facilities include, but are not limited to: boarding homes as licensed by Chapter
18.20 RCW in accordance with Chapter
246-316 WAC; residential treatment facility for psychiatrically impaired children and youth in accordance with Chapter
71.12 RCW and WAC
246-323-010(32); adult residential rehabilitation center in accordance with Chapter
71.12 RCW and WAC
246-325-010(3); private adult treatment home in accordance with Chapter
71.12 RCW and WAC
246-325-010(28); alcoholism treatment facility in accordance with Chapter
71.12 RCW and WAC
246-326-010(6); congregate care facility in accordance with Chapters
71.12 and
18.20 RCW and WAC
388-15-560; evaluation and treatment facility in accordance with RCW
71.34.020(6); group training home in accordance with RCW
71A.22.020(2); group care facility in accordance with RCW
74.15.020(3)(a); and foster family homes in accordance with RCW
74.15.020(3)(f) or congregate care facilities for senior housing with central cooking facilities, group homes for children, safe-homes and comparable facilities as determined by the approval authority.
"Retail establishment"means a business that is engaged in selling merchandise or goods to the general public for personal or household consumption.
"Riparian habitat"means areas adjacent to aquatic systems with flowing water that contain elements of both aquatic and terrestrial ecosystems that mutually influence each other. The width of these areas extends to that portion of the terrestrial landscape that directly influences the aquatic ecosystem by providing shade, fine or large woody material, nutrients, organic and inorganic debris, terrestrial insects, or habitat for riparian-associated wildlife. Widths shall be measured from the ordinary high water mark or from the top of bank if the ordinary high water mark cannot be identified. It includes the entire extent of the floodplain and the extent of vegetation adapted to wet conditions as well as adjacent upland plant communities that directly influence the stream system. Riparian habitat areas include those riparian areas severely altered or damaged due to human development activities.
"Rowhouse"is a single-family home set at the same point on the property line as its neighboring units, sharing a common wall, roofline and, generally, a consistent exterior design.
"Setback"means the distance between any building foundation, and the adjacent facing lot line.
"Short-term bicycle parking"means bicycle parking meant for bikes parked less than four hours, such as bike racks or corrals, in locations that are easily accessible, such as sidewalks and parks, and on private property for visitors, customers, and residents.
"Special flood hazard areas"means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letter "A."
"Start of construction"includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
"Structure"used in the context of flood damage prevention means a walled and roofed building including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
"Substantial damage"means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damage condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
"Substantial improvement"means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the reconstruction, rehabilitation, addition, or other improvement is started. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:
1. Any project for improvement of a structure to correct previously identified existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to assure safe living conditions; or
2. Any alteration of a "historic structure"; provided, that the alteration will not preclude the structure's continued designation as a "historic structure."
"Support structure"in the context of wireless communication facilities means the structure to which antennas and other necessary associated hardware are mounted. Support structures include but are not limited to the following:
1. Guyed tower: a support structure, consisting of metal cross strips or bars, which is steadied by wire guys in a radial pattern around the tower.
2. Lattice tower: a support structure that consists of a network of crossed metal braces, forming a tower, which is usually triangular or square in cross-section.
3. Monopole: a support structure that consists of a single pole sunk into the ground and/or attached to a foundation.
4. Existing nonresidential structure: existing structures as specified in YMC §
18.70.030 to which antennas may be attached which conform to the requirements of Chapter
18.70 YMC.
"Tiny house"is a dwelling that may be built on wheels and is no larger than 400 square feet, including a kitchen, bathroom, and sleeping/living area, and must be built to the Washington State Building Code.
"Townhouse"means a multi-story house in a modern housing development which is attached to one or more similar houses by shared walls.
"Transfer of development rights"means the removal of the right to develop or build from land in one site, parcel, area or zoning district to another where such transfers are permitted.
"Transitional housing"means a project that provides housing and supportive services to homeless persons or families for up to two years and that has as its purpose facilitating the movement of homeless persons and families into independent living.
"Triplex"means a single residential structure containing three units.
"Variance"means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
"Water surface elevation"means the height, in relation to the vertical datum, utilized in the applicable flood insurance study of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
"Yard"means an open space unoccupied to the sky of uniform depth or width which lies between the property line and building line, or between the shoreline and the building line. The inside boundary shall be considered parallel to the nearest property line.
"Yard, flanking"means a yard on a corner building site extending from the front yard to the rear yard and measured as to the depth at the least horizontal distance between the street line of the flanking street and the exterior wall.
"Yard, front"means a yard extending across the full width of the lot from one property line to another and measured as to depth at the least horizontal distance between street line and the exterior wall.
"Yard, rear"means a yard extending from one property line to another except in the case of corner building sites when the rear yard shall extend from the interior side property line to the opposite side yard. Yard is measured as to depth at the least horizontal distance between the rear site line and the exterior wall.
"Yard, side"means a yard extending from the front yard to the rear yard except in the case of corner building sites when the side yard on the flanking street shall extend to the rear property line.
"Zoning map, official"means the parcel-specific map of the city of Yelm entitled "Official Zoning Map, City of Yelm," establishing the location and boundaries of the zoning districts established by this chapter.
(Ord. 995 § 12 (Exh. A), 2015; Ord. 1095 § 1 (Exh. A), 2023; Ord. 1107 § 2, 2023; Ord. 1124 § 2 (Att.), 2025)