Zoneomics Logo
search icon

Yelm City Zoning Code

Division 1

GENERAL PROVISIONS

§ 18.01.010 Title.

This title shall be known as the "Yelm Unified Development Code."
(Ord. 995 § 12 (Exh. A), 2015)

§ 18.01.020 Authority.

This title is enacted pursuant to the authority vested in the city by Chapters 35.21, 58.10, 58.17, 36.70A, and 43.21C RCW, and that power and responsibility of the city to provide for the health, safety and general welfare of its citizenry and the public.
(Ord. 995 § 12 (Exh. A), 2015)

§ 18.01.030 Purpose.

A. 
This code was created to assure that review and approval of any land use or permit decision is based on implementing the goals and policies of the city of Yelm comprehensive plan and joint plan with Thurston County, pursuant to the mandated provisions of the state of Washington's Growth Management Act (Chapter 36.70A RCW), Subdivision Act (Chapter 58.17 RCW), State Environmental Policy Act (SEPA) (Chapter 43.21C RCW), and other applicable state and local laws. If the provisions of this code conflict with any provision of the RCW, the RCW shall prevail.
B. 
Other chapters have additional intent or purpose sections applicable to those chapters, which are to be read in concert with the purposes of the title as a whole.
(Ord. 995 § 12 (Exh. A), 2015)

§ 18.01.040 Organization of this title.

This code is intended to be used as a single integrated document. Each part contributes to a unified regulatory system. The code is organized in divisions.
Division 1 – General Provisions: Provisions that apply to all aspects of land development.
Division 2 – Review, Administration, and Enforcement: Establishes different types of review, applications, processes, administration and enforcement of this code.
Division 3 – Environment: Provides regulation regarding environmental concerns and protection.
Division 4 – Buildings and Construction: Guides the approval of buildings and other structural requirements.
Division 5 – Zoning: Establishes uses allowed by district.
Division 6 – Design Standards: Provides regulation and design standards for all development within the city.
(Ord. 995 § 12 (Exh. A), 2015)

§ 18.01.050 Administration of the title.

The administrator of this title shall be the community development director or his/her designee.
(Ord. 995 § 12 (Exh. A), 2015)

§ 18.01.060 Interpretation and application.

In their interpretation and application, the provisions of this title shall be held to be minimum requirements, adopted for the promotion of the public health, safety and general welfare. Nothing in this title is intended to impair, annul or abrogate any easement, covenant or other agreement between parties, public or private; however, if any provision of this title is found to be in conflict with any other provision of any zoning, building, fire, safety or health ordinance or code of the city, the provision which establishes the higher standard shall prevail.
(Ord. 995 § 12 (Exh. A), 2015)

§ 18.01.070 Fees.

Applications for permits or other approvals pursuant to this title shall be subject to concurrent payment of any applicable fee as set forth in the Yelm development fee schedule adopted by resolution of the city council. Such fees shall not be refundable unless authorized by the approval authority. Until all fees have been paid in full, no action shall be taken on the petition or application.
(Ord. 995 § 12 (Exh. A), 2015)

§ 18.01.080 Time computation.

In computing any period of time prescribed by this title, the day of the act from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday or a city holiday, in which case the period runs until the end of the next day which is neither a Saturday, Sunday or a city holiday.
(Ord. 995 § 12 (Exh. A), 2015)

§ 18.01.090 Pre-existing, nonconforming structures, uses and lots.

A. 
Structures.
1. 
Pre-existing, nonconforming structures may be maintained; provided, that they shall not be enlarged, expanded or extended in a manner which would increase the nonconforming aspects of the structure.
2. 
Pre-existing, nonconforming structures shall not be relocated unless the move results in bringing the structure into closer conformance with the design standards of the Unified Development Code.
B. 
Uses. A nonconforming use of a structure or land shall not be extended or enlarged after the effective date of the ordinance codified in this title by attachment on a building or premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.
A nonconforming use shall be deemed abandoned by discontinuance or abandonment for a period of 18 consecutive months, and any subsequent future use of such land or buildings shall be in conformity with the provisions of this title.
C. 
Lots. In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record, notwithstanding limitations imposed by other provisions of this title. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership.
(Ord. 995 § 12 (Exh. A), 2015)

§ 18.02.010 Intent.

It is the intent of this chapter to promote consistency and precision in the interpretation of this title and to define (and illustrate, where necessary) certain words, terms and phrases in the interest of reducing to a minimum the misunderstanding which may occur in the absence of such definition.
(Ord. 995 § 12 (Exh. A), 2015; Ord. 1124 § 2 (Att.), 2025)

§ 18.02.020 Use and interpretation generally.

In addition to the definitions in this title, the definitions from the following documents are adopted by reference:
A. 
International Building Code and Chapter 51-50 WAC.
B. 
International Residential Code and Chapter 51-51 WAC.
C. 
International Mechanical Code and Chapter 51-52 WAC.
D. 
Uniform Plumbing Code and Chapter 51-56 WAC.
E. 
Washington State Energy Code and Chapters 51-11C and 51-11R WAC.
F. 
International Fire Code and Chapter 51-54A WAC.
G. 
State Subdivision Act, Chapter 58.17 RCW.
H. 
State Condominium Act, Chapter 64.34 RCW.
I. 
State Environmental Policy Act, Chapters 43.21C RCW and 197-11 WAC.
J. 
Growth Management Act, Chapter 36.70A RCW.
K. 
Local Project Review, Chapter 36.70B RCW.
L. 
Floodplain Management, Chapter 173-158 WAC.
Words not defined in this title, the documents adopted by reference, the Yelm Municipal Code (YMC), the Washington Administrative Code (WAC), or the Revised Code of Washington (RCW) shall be as defined in the latest edition of Webster's Third New International Dictionary.
Words used in the present tense include the future; the singular term includes the plural and the plural the singular. "Shall" is always mandatory and "may" denotes a use of discretion.
(Ord. 995 § 12 (Exh. A), 2015)

§ 18.02.030 Interpretation in case of conflicting definitions.

In addition to the words and terms defined in this chapter, several sections of this title contain definitions specifically related to those sections. In the event of conflict between definitions in this list and those shown in other sections of this title, the definition in the other section shall govern within the context of the section within which it appears.
(Ord. 995 § 12 (Exh. A), 2015)

§ 18.02.040 Specific definitions.

"A"
Definitions
"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.
"B"
Definitions
"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").
"Base flood elevation (BFE)"
means the elevation to which floodwater is anticipated to rise during the base 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.
See "structure."
"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.
"C"
Definitions
"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.
"D"
Definitions
"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.
"E"
Definitions
"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).
"F"
Definitions
"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" or "flood-prone area"
means any land area susceptible to being inundated by water from any source. See "flood" or "flooding."
"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.
"G"
Definitions
"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.
"H"
Definitions
"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.
"I"
Definitions
"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."
"J"
Definitions
"K"
Definitions
"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.
"L"
Definitions
"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.
"M"
Definitions
"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.
"N"
Definitions
"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.
"O"
Definitions
One-Hundred-Year Flood or 100-Year Flood.
See "base flood."
"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.
"P"
Definitions
"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.
"Q"
Definitions
"R"
Definitions
"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.
"S"
Definitions
"Service oriented establishment"
means a business that provides a specific or variety of services for individuals and businesses.
"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.
"Site plan review committee"
means a committee created by the city administrator to administer sections of this title.
"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.
"T"
Definitions
"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.
"U"
Definitions
"V"
Definitions
"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.
"W"
Definitions
"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.
"X"
Definitions
"Y"
Definitions
"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.
"Z"
Definitions
"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)

§ 18.03.010 Intent.

It is the intent of the chapter to:
A. 
Provide a single, efficient, integrated land use regulatory system which integrates the public hearing and decision-making process for land use matters;
B. 
Provide a greater degree of due process in land use regulatory hearings and expand the principles of appearance of fairness; and
C. 
Separate the land use policy formulation and the land use policy administration process.
(Ord. 995 § 12 (Exh. A), 2015)

§ 18.03.020 Establishment of hearing examiner system.

The hearing examiner shall interpret, review and implement land use regulations as provided in this code and other ordinances. The term "hearing examiner" shall likewise include the hearing examiner pro tem.
(Ord. 995 § 12 (Exh. A), 2015)

§ 18.03.030 Appointment.

The hearing examiner and examiner pro tem shall be appointed by the mayor and confirmed by the city council.
(Ord. 995 § 12 (Exh. A), 2015)

§ 18.03.040 Qualifications.

The hearing examiner shall be appointed solely with regard to qualifications for the duties of such office which shall include, but not be limited to, persons with appropriate educational experience, such as an urban planner, public administrator, or land use attorney with at least five years experience, persons who have extensive experience in planning work in a responsible capacity, and persons with legal experience, particularly where the experience is in the area of land use management of administrative law. The hearing examiner shall hold no other elective or appointive office or position in the city of Yelm.
(Ord. 995 § 12 (Exh. A), 2015)

§ 18.03.050 Examiner pro tempore – Qualifications and duties.

The hearing examiner pro tem shall, in the event of the absence or the inability of the hearing examiner to act, have all the qualifications, duties and powers of the hearing examiner.
(Ord. 995 § 12 (Exh. A), 2015)

§ 18.03.060 Conflict of interest and freedom from improper influence.

The hearing examiner shall not conduct or participate in any hearing or decision in which the hearing examiner has a direct or indirect personal or financial interest which might exert such influence upon the hearing examiner as to interfere with his/her decision making process. Any actual or potential conflict of interest shall be disclosed to the parties immediately upon discovery of such conflict.
Participants in the land use regulatory process have the right, insofar as possible, to have the hearing examiner free from personal interest or pre-hearing contacts on land use regulatory matters considered by him or her. It is recognized that there is a countervailing public right to free access to public officials on any matter. If such personal or pre-hearing interest contact impairs the hearing examiner's ability to act on the matter, such person shall so state and shall abstain therefrom to the end so that the proceeding is fair and has the appearance of fairness, unless all parties agree in writing to have the matter heard by said hearing examiner.
No council member, city official, or any other person shall attempt to interfere with, or improperly influence the hearing examiner in the performance of his/her designated duties. This section shall not prohibit the city attorney from rendering legal services to the hearing examiner upon request.
(Ord. 995 § 12 (Exh. A), 2015)

§ 18.03.070 Rules.

The hearing examiner shall have the power to prescribe rules for the scheduling and conduct of hearings, to administer oaths, and other rules of procedure as related to the duties of his/her office.
(Ord. 995 § 12 (Exh. A), 2015)

§ 18.03.080 Powers and duties.

The hearing examiner shall conduct public hearings for the purpose of receiving and examining available information, prepare a record thereof, and enter findings of fact and conclusions based upon these facts and a decision which shall represent the final action on the application, unless appealed.
The hearing examiner shall receive and examine available information, conduct public hearings, prepare a record thereof and enter findings of fact and conclusions based on those facts, together with a recommendation to the city council.
The hearing examiner shall make recommendations for revision to relevant codes and ordinances which will clarify or otherwise improve the development review process.
(Ord. 995 § 12 (Exh. A), 2015)

§ 18.04.010 Members and terms of office.

There is created a city planning commission consisting of seven members who shall be appointed by position by the mayor of the city subject to confirmation by the city council. The term of office of the members shall be four years. All advisory committee roles and responsibilities will be defined and approved by the city council as an appendix to the mayor and city council protocol manual.
(Ord. 995 § 12 (Exh. A), 2015; Ord. 1073 § 1 (Exh. A), 2021)

§ 18.04.020 Vacancy filling.

Vacancies on the planning commission shall be filled by appointment of the mayor subject to confirmation by the city council for the unexpired terms. Members may be removed by the mayor with the approval of the city council for inefficiency, neglect of duty, malfeasance in office, or for failing to attend three consecutive meetings that are not excused.
(Ord. 995 § 12 (Exh. A), 2015; Ord. 1073 § 1 (Exh. A), 2021)

§ 18.04.030 Rules of procedure and officers.

The planning commission shall adopt rules of procedure consistent with state law to guide its activities and shall designate one of its members to serve as chair for a term to be specified in the rules of procedure.
(Ord. 995 § 12 (Exh. A), 2015; Ord. 1073 § 1 (Exh. A), 2021)

§ 18.04.040 Quorum.

A majority of the members of the planning commission constitutes a quorum for the transaction of business. Any action taken by a majority of those present, when those present constitute a quorum at any regular or special meeting of the planning commission, shall be deemed and taken as the action of the planning commission.
(Ord. 995 § 12 (Exh. A), 2015; Ord. 1073 § 1 (Exh. A), 2021)

§ 18.04.050 Powers and duties.

A. 
The planning commission shall have all of the powers, and shall perform all of the duties specified by the laws of the state including, but not limited to, Chapters 35A.63 and 36.70B RCW.
B. 
The planning commission may prepare a comprehensive plan for the physical and other generally advantageous development of the city.
C. 
For any and all such purposes the city council, on recommendation of the planning commission, may divide the municipality or any portion thereof into districts of such size, shape and area, or may establish such official maps or development plans for the whole or any portion of the municipality as may be deemed best suited to carry out the purposes of this chapter and within such districts as may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land.
D. 
The city council may refer to the planning commission for its recommendation and report of ordinances, resolution or other proposal relating to any of the matters and subjects authorized by state law. The planning commission shall promptly report to the city council all of such matters referred to them, making such recommendations as it may deem proper.
(Ord. 995 § 12 (Exh. A), 2015; Ord. 1073 § 1 (Exh. A), 2021)

§ 18.04.060 Compensation.

Repealed by Ord. 1073.
(Ord. 995 § 12 (Exh. A), 2015)

§ 18.04.070 Commission staff.

Repealed by Ord. 1073.
(Ord. 995 § 12 (Exh. A), 2015)

§ 18.05.010 Purpose.

There is created a Yelm historic preservation commission to identify and actively encourage the conservation of Yelm's historic resources by initiating and maintaining a register of historic places and reviewing proposed changes to register properties; to raise community awareness of the city's history and historic resources, and to serve as the city's primary resource in matters of history, historic planning, and preservation. All advisory committee roles and responsibilities will be defined and approved by the city council as an appendix to the mayor and city council protocol manual.
(Ord. 995 § 12 (Exh. A), 2015; Ord. 1073 § 1 (Exh. A), 2021)

§ 18.05.020 Vacancy filling.

Repealed by Ord. 1073.
(Ord. 995 § 12 (Exh. A), 2015)

§ 18.05.030 Rules of procedure and officers.

Repealed by Ord. 1073.
(Ord. 995 § 12 (Exh. A), 2015)

§ 18.05.040 Quorum.

A majority of the members of the historic preservation commission constitutes a quorum for the transaction of business. Any action taken by a majority of those present, when those present constitute a quorum at any regular or special meeting of the historic preservation commission, shall be deemed and taken as the action of the historic preservation commission.
(Ord. 995 § 12 (Exh. A), 2015; Ord. 1073 § 1 (Exh. A), 2021)

§ 18.05.050 Powers and duties.

The major responsibility of the historic preservation commission is to identify and actively encourage the conservation of the city's historic resources by initiating and maintaining a register of historic places and reviewing proposed changes to register properties; to raise community awareness of the city's history and historic resources, and to serve as the city's primary resource in matters of history, historic planning, and preservation. In carrying out these responsibilities, the historic preservation commission shall engage in the following:
A. 
Conduct and maintain the inventory of historic resources within the boundaries of the city known as the Yelm historic inventory ("inventory"); publicize and periodically update inventory results. Properties listed on the inventory shall be separate and distinct from the "national register," "state register" and "local register";
B. 
Maintain the Yelm Register of Historic Places ("Register"). This official register shall be compiled of buildings, structures, sites, objects, and districts identified by the historic preservation commission as having historic significance worthy of recognition by the city. The object may be a thing of functional, aesthetic, cultural, historical or significant historic value. A district shall possess a significant concentration, linkage of sites or structures united by past events, aesthetic or physical development;
C. 
Review Nominations to the Register. The historic preservation commission shall consider the merits of the nomination according to criteria in YMC § 18.15.060;
D. 
Issue a certificate of appropriateness, with or without mitigating conditions, for proposals to change, alter, modify, remodel, move, or significantly affect properties or districts on the register, certifying the changes do not adversely affect the historic characteristics of the property that contribute to its designation;
E. 
Cause the removal of a site, building, object, or district from the register according to criteria in YMC § 18.15.070;
F. 
Promote, conduct, and participate in information, educational and interpretive programs which pertain to historic resources;
G. 
Establish liaison support, communication and cooperation with federal, state, and other local government entities which will further historic preservation objectives;
H. 
Review and comment to the city council on land use, housing and redevelopment, municipal improvement and other types of planning and programs undertaken by any agency of the city, other neighboring communities, the county, the state or federal governments, as they relate to historic resources of the city;
I. 
Advise the city council generally on matters relating to Yelm's history and historic preservation;
J. 
Officially recognize excellence in the rehabilitation of historic buildings, structures, sites and districts, and new construction in historic areas, and encourage appropriate measures for such recognition;
K. 
Submit nominations to the state and national registers of historic places, as deemed appropriate;
L. 
Investigate and report to the city council on the use of various federal, state, local or private funding sources available to promote historic resource preservation in the city;
M. 
Serve as the local review board for the purpose of approving applications for special property tax valuation per Chapter 84.26 RCW and for the purpose of entering into agreements with the property owner for the duration of the special valuation during which time the review board monitors the property for continued qualification for the special valuation per requirements of Chapter 84.26 RCW.
(Ord. 995 § 12 (Exh. A), 2015; Ord. 1073 § 1 (Exh. A), 2021)

§ 18.05.060 Compensation.

Repealed by Ord. 1073.
(Ord. 995 § 12 (Exh. A), 2015)

§ 18.05.070 Commission staff.

Commission and professional staff assistance shall be provided by the community development department with additional assistance and information to be provided as necessary to aid the historic preservation commission in carrying out its duties and responsibilities under this chapter.
(Ord. 995 § 12 (Exh. A), 2015; Ord. 1073 § 1 (Exh. A), 2021)