Yelm City Zoning Code
Division 2
REVIEW, ADMINISTRATION, AND ENFORCEMENT
§ 18.10.010 Intent and general provisions.
The intent of this chapter is to establish procedures for implementing the provisions of Chapter 36.70A RCW regarding compliance, conformity, and consistency of proposed projects with adopted comprehensive plans and development regulations. This chapter is enacted pursuant to the Washington state legislature requirements under the Regulatory Reform Act and Chapters 36.70A, 36.70B, 36.70C, 43.21C, and 58.17 RCW.
Unless otherwise indicated in this chapter, the applicant shall be responsible for the initiation, preparation, submission, and expense of all required reports, assessments, studies, plans, reconnaissance, peer review by qualified consultants, and other work prepared in support of or necessary to review the application.
In the interpretation and application of this chapter, the provisions of this chapter shall be considered to be the minimum requirements necessary, shall be liberally construed to serve the purpose of this chapter, and shall be deemed to neither limit nor repeal any other provisions under state statute.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.10.020 Site plan review committee.
The site plan review committee shall be comprised of the community development director, the public works director, and other members as appointed by the city administrator or his/her designee. The site plan review committee reviews all applications for land development to ensure compliance with all city development regulations.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.10.030 Application and interpretation.
A.
Application. This chapter describes how the city will concurrently process applications for development subject to review under the Unified Development Code, this title.
B.
Interpretation. The community development director or his/her designee shall review project applications as follows:
1.
For consistency with Yelm's comprehensive plan, the standards of this title, and any adopted development and design guidelines;
2.
To identify specific project design and conditions relating to mitigation; and
3.
To make decisions on permits based upon the record established at the public hearing, if one is held.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.10.040 Consent to inspection.
The applicant shall provide sufficient and reasonable access to the property, to enter upon and inspect as reasonably necessary to process the application.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.10.050 Project categorization.
Once an application is received, the community development department determines the project's categorization, and shall follow the review process as described below.
A.
Ministerial. Projects allowed outright by the underlying zoning district and are of such a scale and character that they do not require public notice or hearings. These projects are subject to clear and objective standards and may require professional technical judgment.
B.
Administrative. Projects allowed outright by the underlying zoning district and are of such a scale and character that they may cause impacts to the surrounding neighborhood or to city services that may require mitigation. Administrative projects require public notice, but do not require an open record pre-decision hearing. These projects are subject to objective and subjective standards, about which there may be limited public interest, and which may require discretion about nontechnical issues.
C.
Quasi-Judicial. Projects that are of such a scale and character that they may be incompatible with the surrounding neighborhood or to city services that may not be able to be fully mitigated. Quasi-judicial permits require public notice, an open record pre-decision hearing, and allow for a closed record appeal. These projects require substantial discretion, and may have broad public interest.
D.
Legislative. Projects that entail the creation of new policies or codes that require significant public input. Legislative projects require an open record pre-decision hearing. These projects have broad public interest.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.10.060 Determination of completeness.
Within 28 days of receipt of an application, the city shall notify the applicant that the application is complete or what specific information is required to complete the application.
Within 14 days of receipt of additional information from the applicant, the city shall notify the applicant that the application is complete or remains incomplete.
Notices may be sent via electronic mail or first class mail.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.10.065 Determination of completeness for certain applications.
A.
Wireless Communication Facilities. For wireless communication facilities, the city must provide written notice to the applicant within 10 days of receipt of the application, specifically delineating any missing documents or information required in the application.
(Ord. 1057 § 1, 2019)
§ 18.10.070 Permit vesting.
A valid and fully complete ministerial, administrative, and quasi-judicial permit application, and/or developer agreement establishes the point of vesting of development rights.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.10.080 Notice of application.
A.
When Required. All administrative and quasi-judicial project permit applications require issuance of a notice of application.
B.
Content. All notices of application shall contain a description of the proposed project, including the dates of its application and determination of completeness; the date, time, place, and type of action for the project; the method to comment upon and/or appeal the project; identification of other known permits needed; identification of existing environmental documents; and the threshold determination pursuant to the State Environmental Policy Act, if applicable.
C.
Timing. A notice of application is distributed within 14 days after the determination of completeness, and provides for a comment period of 15 days following the date of the notice of application.
D.
Notice of Application Methods. Distribution of the notice of application will be by the following methods.
1.
Electronic mail, or first class mail to affected city departments, state or federal agencies having jurisdiction, affected tribal governments, and to the applicant and/or the applicant's representative.
2.
First class mail to all property owners of record within 300 feet of the subject project's boundaries.
3.
Publication in a newspaper of general circulation in the city.
4.
Other noticing requirements that may be required by state or federal statute.
E.
Special Considerations.
1.
Administrative Subdivision. Within 10 days of determination of completeness, notice shall be posted on or around the land proposed to be subdivided in at least five conspicuous places designed to attract public awareness of the proposal. The notice shall include notification that no public hearing will be held on the application unless requested within 21 days from the date of the notice, and set procedures and time limitations for persons to require a public hearing and make comments.
2.
Secure Community Transition Facilities. In addition to the methods listed above, notice shall be provided via first class mail to all property owners of record within 1,000 feet of the subject project's boundaries.
3.
Conceptual and Final Master Site Plans. In addition to the methods listed above, notice shall be provided via first class mail to all property owners of record within 1,000 feet of the subject project's boundaries.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.10.090 Final decision and notice.
All final decisions shall include procedures for appeal. A final decision may consist of a letter of approval for ministerial projects, or a permit approval or a decision at a hearing for administrative, quasi-judicial, and legislative projects.
A.
Timing.
1.
A final decision must be issued within 120 days after the notice of complete application is issued; provided, that this does not include any time taken:
a.
By the applicant to submit additional information required for the review of the project;
b.
For the preparation of an environmental impact statement; or
c.
To process and decide administrative appeals provided they do not exceed 90 days for an open record appeal hearing or 60 days for a closed record appeal.
2.
The 120-day limit does not apply to legislative projects.
B.
Special Considerations.
1.
Preliminary Subdivision. A final decision for preliminary subdivisions shall be issued within 90 days after the notice of complete application is issued.
2.
Final Subdivision. Final subdivisions will be approved, disapproved or returned to the applicant within 30 days from the date of submitting the final subdivision application to the city.
3.
New Wireless Communication Facility. A final decision for a new wireless communication facility shall be issued within 90 days after the notice of complete application is issued.
4.
Co-location or limited modification of an existing wireless communication facility. A final decision for the co-location or limited modification of an existing wireless communication facility will be issued within 60 days.
(Ord. 995 § 12 (Exh. A), 2015; Ord. 1057 § 2, 2019)
§ 18.10.100 Appeals.
A.
Appeals of Administrative Determinations. All ministerial and administrative project permit decisions, and any administrative determination that terminates review may be appealed to the hearing examiner at an open record appeal hearing.
B.
Appeals of Hearing Examiner Decisions. All final decisions of the hearing examiner may be appealed to the city council at a closed record appeal hearing.
C.
Judicial and State Board Appeals. All final decisions of the city council may be appealed pursuant to the time limits, methods, procedures and criteria for review of land use decisions by the courts or by a quasi-judicial body created by state law, such as the Growth Management Hearings Board.
D.
Appeal of State Environmental Policy Act Threshold Determinations.
1.
Determination of Nonsignificance (DNS). There is no local administrative appeal of a DNS.
2.
Determination of Significance (DS). An appeal of a DS or the scope of the environmental impact statement may occur before a final decision. The hearing examiner shall decide the appeal at a closed record appeal hearing.
E.
Standing to Appeal. Appeals may be initiated by:
1.
The applicant and/or the owner of property to which the decision is directed;
2.
Another person aggrieved or adversely affected by the decision, or who would be aggrieved or adversely affected by a reversal or modification of the decision. A person is aggrieved or affected within the meaning of this section only when all the following conditions are present:
a.
The land use decision has prejudiced or is likely to prejudice that person;
b.
That person's asserted interests are among those that the local jurisdiction was required to consider when it made the land use decision;
c.
A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the land use decision; and
d.
The petitioner has exhausted his/her administrative remedies to the extent required by law.
F.
Content of Appeal. Appeals must be in writing, be accompanied by the appeal fee established by the city council, and contain the following information:
1.
Appellant's name, address, and phone number;
2.
A statement describing the appellant's standing to bring the appeal;
3.
Identification of the decision that is the subject of the appeal, including date of the decision being appealed;
4.
A specific statement of the grounds for the appeal and the facts upon which the appeal is based;
5.
The relief sought; and
6.
A statement that the appellant has read the appeal and believes the contents to be true and correct, signed by the appellant.
G.
Timing of Appeal. All appeals must be filed within 21 days from the date of the decision being appealed.
H.
Requests for Reconsideration. Requests for reconsideration to the hearing examiner or city council are not authorized.
I.
Stay. A timely appeal stays the effective date of the decision until the matter has been resolved at the city level.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.10.110 Application requirements.
Each application shall contain the following information in clear and intelligible form:
A.
A complete description of the proposed development;
B.
The names, addresses and telephone numbers of the owner(s) of the land; the applicant; the names, addresses and telephone numbers of any architect, planner, designer or engineer responsible for the preparation of the plan; and of any authorized representative of the applicant;
C.
Names and addresses of owners of record of land within 300 feet of the parcel(s) proposed for development, and within 300 feet of contiguous property in the same ownership;
D.
Site address and legal description, including parcel numbers of all lands included in the development, and total acreage;
E.
Vicinity sketch showing the location of the site and its relationship to surrounding areas;
F.
The proposed use or uses of the land and buildings, and number of square feet in gross floor area for each commercial and industrial use;
G.
Copy of covenants or other restrictions applying to or proposed to encumber or be imposed upon the site;
H.
A site plan drawing or drawings at a scale of not less than one inch for each 50 feet which shall include or show:
1.
The location of all existing and proposed structures, including, but not limited to, buildings, building setback lines, fences, culverts, bridges, roads and streets on the subject property;
2.
The boundaries of the property proposed to be developed;
3.
All areas, if any, to be preserved as buffers or to be dedicated to a public, private or community use or for open space under the provisions of this or any other city ordinance, and information regarding percentage of area covered;
4.
Preliminary landscaping;
5.
All existing and proposed easements;
6.
The locations of all existing and proposed utility structures and lines, and the location of any wells and underground storage tanks on or within 100 feet of the site;
7.
The stormwater drainage systems for existing and proposed structures;
8.
All means of vehicular and pedestrian ingress and egress at the site and the size and location of driveways, streets and roads;
9.
The location and design of off-street parking areas showing their size and locations of internal circulation and parking spaces;
10.
The location of all loading spaces, including, but not limited to, truck loading platforms and loading docks;
11.
A grading plan for any cuts and/or fills collectively exceeding 100 cubic yards, exclusive of cuts and fills solely for streets or utilities. Such plan shall include the extent and nature of proposed cuts and fills and information on the character of the soil and underlying geology;
12.
Location and area, in square feet, of all signs;
13.
Topographic map or maps that delineate contours, both existing and proposed, at intervals of two feet, and which locate existing streams and forested areas, and the location of all areas subject to flooding with any proposed flood control facilities or improvements;
14.
The location of other natural features such as rock outcroppings and marshes;
15.
The boundaries of any natural resource lands or critical areas as defined by the city;
16.
The proposed number of square feet in paved or covered surfaces, whether covered by buildings, driveways, parking lots or any other structure covering land; and the total amount of square feet in the entire proposed development site; and
17.
The proposed number of dwelling units in the development, if applicable;
I.
Building elevations, perspective renderings or such other graphic material or evidence to illustrate effect on the view enjoyed by and from other properties in the vicinity;
J.
The appropriate application fee(s).
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.10.120 Additional application requirements for certain applications.
In addition to the application requirements above, additional information is required for certain specific applications, as follows.
A.
Building Permits.
1.
The name, address and phone number of the prime contractor;
2.
Either the name, address and phone number of the office of the lender administering the interim construction financing, if any, or the name and address of the firm that has issued a payment bond, if any, on behalf of the prime contractor for the protection of the owner, if the bond is for an amount not less than 50 percent of the total amount of the construction project;
B.
Sign Permits.
1.
Location of the sign structure, drawings or photographs showing the design and dimensions of the sign and details of its proposed placement.
2.
Indicate primary, secondary and if available third and fourth walls and such other pertinent information as the community development department may require.
C.
Civil Plan Review.
1.
Plans, specifications and reports, as required by the Yelm Engineering Specifications and Standard Details.
D.
Wireless Communications Facilities (WCF).
1.
The proposed color(s) of the facility including antennas.
2.
A statement signed by the applicant and landowner indicating that:
a.
For freestanding WCFs, the applicant and landowner agree they will diligently negotiate in good faith to facilitate co-location of additional WCFs, by other WCF providers, on the applicant's structure; and
b.
For all WCFs, the applicant and landowner agree to dismantle and remove the WCF and restore the site within one year after abandonment.
3.
Documentation that the WCF will not cause substantial noise or interference with electrical, transmission or reception functions or cause similar disturbances.
4.
If applicant is also the WCF provider, proof that the applicant is licensed by the FCC, or not required to be licensed.
5.
If the applicant is not the WCF provider, proof of lease agreements with an FCC licensed WCF provider if such provider is required to be licensed by the FCC.
6.
Except for a co-location proposal, documentation that there are no co-location possibilities as an alternative to installation of the WCF. At minimum, this requires an assessment of any existing towers that have the location, as well as the existing or potential height, structural capability and equipment structure area, to serve the applicant's needs, a written request to those tower owners to co-locate on their facilities, and a good faith effort to work with those tower owners to co-locate.
7.
Information identifying the radio frequencies to be received, transmitted, or relayed from the facility, and technical documentation demonstrating compliance with FCC standards for electromagnetic field strength in the form of power density expressed as micro-watts per square centimeter.
8.
Documentation that the WCF antenna and support structure are safe and the surrounding areas will not be negatively affected by WCF failure, falling ice, or other debris or interference.
E.
Freestanding Wireless Communication Facilities.
1.
The reasonably calculated distance between the freestanding WCF and the nearest residentially zoned property and the nearest property with an existing residence.
2.
A statement signed by the applicant stating the freestanding WCF will comply with all Federal Aviation Administration (FAA) regulations.
3.
A statement signed by the applicant documenting that the freestanding WCF will accommodate the co-location of at least two additional antennas for future users, or an explanation of why such design is not feasible for technical or physical reasons.
4.
Documentation that adequate security measures will be provided, including anti-climbing devices.
5.
Aerial test photos (e.g., balloon) from all four directions off-site, from close proximity to the front and rear of any residence on adjacent properties, including across any roadway fronting the subject property, and from the boundary line of any adjacent jurisdiction within two miles of the site.
6.
Method and color of fencing and, if applicable, the method of camouflage and illumination.
F.
Preliminary Subdivisions.
1.
A map of the proposed subdivision drawn upon one or more sheets with a maximum size of 18 inches by 24 inches; these sheets shall show specifically and clearly the following features and information:
a.
The plat datum, north arrow, date, and scale at one inch equals either 50, 100, or 200 feet.
b.
The boundary lines of the property to be divided and names of adjacent subdivisions, streets, and boundary lines of adjacent parcels.
c.
The boundaries of existing adjacent or internal lots, blocks and streets shown with dotted lines.
d.
The boundaries and purpose of parcels of land intended to be dedicated or temporarily reserved for public use or to be reserved for common use of property owners or residents of the subdivision, along with any conditions or limitations of such dedications or reservation clearly indicated.
e.
Location and type of existing and proposed street lighting.
f.
Location of any trees and natural features and whether they are to be preserved.
g.
The location and size of all existing sewers, water mains, culverts and other public or private underground installations within and adjacent to the subdivision.
h.
Location, widths and names of all existing and proposed streets, sidewalks, railroads, power lines, telephone lines within or adjacent to the proposed subdivision.
i.
The grade and curve radii of curves of existing and proposed streets within the plat boundary and within 300 feet of the subdivision.
j.
The layout and dimensions of existing and proposed street and alley rights-of-way, utility and access easements and lots and blocks.
k.
The location of other significant features such as city limits, section lines and section corners.
l.
Existing and proposed survey and elevation monuments.
G.
Planned Residential Developments.
1.
Front and side elevations, and exterior architectural treatments.
2.
Program for development including estimated staging or timing of development, including build-out data to be submitted to the city and to the applicable school district for each year during the construction period.
3.
Proposed ownership pattern upon completion of development.
4.
Basic content of restrictive covenants.
5.
Provisions to assure permanence and maintenance of common open space through homeowner's association formation, condominium development or other means acceptable to the city.
6.
Statement describing the relationship of the proposed planned residential development to the Yelm comprehensive plan.
H.
Conceptual Master Planned Communities.
1.
The acreage contained within the proposed master plan area, the number of dwelling units proposed, and the number of dwelling units per acre of land proposed.
2.
The total acreage of nonresidential uses proposed, by type of use.
3.
Applicable school district(s), fire district(s) or departments and other special purpose districts.
4.
General description of options for source(s) of water supply, method(s) of sewage disposal, methods of stormwater control and means to handle hazardous materials and hazardous waste if applicable.
6.
Multimodal transportation plans, with proposed major routes, points of ingress and egress and the relation to existing and proposed area transportation facilities.
7.
Existing site conditions including watercourses, wetland area, floodplains, unique natural features, forest cover, steep slopes and elevation contours of appropriate intervals to indicate the topography of the entire tract for a reasonable distance beyond the boundaries of the proposed development to include adjacent or nearby lands where project impacts are relevant.
I.
Final Master Planned Community.
1.
The acreage contained within the proposed master plan; the total number of dwelling units being proposed; and the average number of dwelling units per acre of land.
2.
The number and acreage of each type of dwelling units proposed.
3.
The acreage of open space (including a separate figure for active recreation space) to be contained in the master plan, and the percentage it represents of the total area.
4.
The total acreage of each type of nonresidential use, including the approximate floor area and type of commercial and industrial uses.
5.
The source of water supply, including the specific type of facilities involved, their capacities and the estimated timing of completion of these facilities.
6.
The method of sewage disposal, to include the name of sewer operator, if any, including the specific type of facilities involved, their capacities and the estimated timing of completion of these facilities.
7.
A plan for hazardous waste control if appropriate, including the specific type of facilities involved, their capacities and the estimated timing of completion of these facilities.
8.
Applicable school district(s), fire district(s) or department(s) and other special purpose districts.
9.
A development schedule indicating the approximate date when construction of the master plan or stages of the master plan can be expected to begin and be completed, including the approximate size in acres of each phase, and the proposed phasing of construction of public improvements and recreational and common open space areas.
10.
The proposed means of financing and allocation of responsibility for providing the utilities and services required as a result of the development, including off-site facilities and improvements. These utilities and services shall include, but not be limited to, water, sewer, streets and highways, schools, fire protection, parks, stormwater control and disposal of wastes, including toxic wastes, if any.
11.
The means of meeting any other requirements imposed as a condition of conceptual approval of the master plan.
J.
Mixed Use Development.
1.
A written statement providing the following information:
a.
Program for development including staging or timing.
b.
Proposed ownership pattern upon completion of development.
c.
Basic content of restrictive covenants, if any.
d.
Provision to assure permanence and maintenance of open space through means acceptable to the city.
e.
Statement of tabulation of number of persons to be employed, served or housed in the proposed development.
f.
Statement describing the relationship of the proposed development to Yelm's comprehensive land use plan.
g.
Statement indicating availability of existing or proposed sanitary sewers.
h.
Land use and architectural guidelines to be used by the city and the associated architectural review authority to apply to future buildings.
K.
Final Subdivisions, Short Subdivisions, Administrative Subdivisions, Subdivision Alterations, and Binding Site Plans.
1.
Each application for a final land division shall contain the following information. Specific items may be waived by the community development department if deemed such information to be irrelevant or not applicable to a particular application.
a.
Names, addresses and phone numbers of the owner, applicant, engineer and/or surveyor.
b.
A copy of any deed restrictions to be applicable to the subdivision.
c.
A copy of any separate dedication documents.
d.
Documentation of acreage to the nearest hundredth of each lot of one acre or more and square footage of each lot of less than one acre, and mathematical boundary closure of the subdivision, of each lot and block, of street centerlines, showing the error of closure, if any.
e.
A map on one or more sheets with, at minimum, the following content:
i.
The date, scale, north arrow and legend.
ii.
Controlling topography and existing features such as streams, streets and railroads.
iii.
Legal description of the subdivision boundaries.
iv.
A complete survey of the section or sections in which the subdivision is located, or as much thereof as may be necessary to properly orient the plat within such section or sections, including reference points and lines of existing surveys identified that relate to the plat including:
(A)
All stakes, monuments or other evidence found on the ground and used to determine the boundaries of the subdivision. If a section breakdown is required to determine the boundaries of the subdivision, such section breakdown shall be shown. Location and monuments found or reset with respect to any established centerline of streets adjacent to or within the proposed subdivision. All other monuments found or established in making the survey of this subdivision or required to be installed by provisions of this title division.
(B)
Adjoining corners of adjoining lots, blocks, and subdivisions.
(C)
Section and donation land claim lines within and adjacent to the subdivision.
(D)
The exact location and width of streets and easements intersecting the boundary of the tract.
(E)
Tract, block and lot boundary lines and street rights-of-way and centerlines, with dimensions, bearings or deflection angles, radii, arcs or central angles, points of curvature and tangent bearings. Tract boundaries, lot boundaries and street bearings shall be shown to the nearest second with basis of bearings. All distances shall be shown to the nearest one-hundredth foot.
(F)
The width and location of existing easements and rights-of-way and of easements and rights-of-way being dedicated.
f.
Prominent lot and block numbers beginning with number "1" and numbered consecutively without omission or duplication in a given block or subdivision and so placed as not to obscure any figure. Block numbering shall be a continuation of blocks in any contiguous subdivision of the same name.
g.
Land parcels to be dedicated to any public or private purpose shall be distinguished from lots intended for general development.
h.
Net acreage to the nearest hundredth of lots containing one acre or more.
2.
The land division map shall include the following statements, which may be combined where appropriate:
a.
Approval signature blocks for the city, to include the mayor, attested by the city clerk, the public works director and the community development director, except short subdivision maps do not require mayor signature.
b.
An acknowledgment before the auditor or another officer who is authorized by law to take acknowledgment of deeds by the person filing the plat or a certificate of the acknowledgment annexed to such plat and recorded therewith.
c.
A certificate of consent to the preparation and recording of the plat with the acknowledged signature of all parties with any record title interest in the land being subdivided.
d.
A certificate dedicating all parcels of land shown on the final map intended for any public use with the acknowledged signature of all owners of the subdivision.
e.
A certificate with the seal of and signature of the surveyor responsible for the survey and final plat.
f.
Certification from the county treasurer that all taxes and assessments for which the property may be liable have been duly paid, satisfied or discharged as of the date of certification.
g.
Certification of examination and approval by the county assessor.
h.
Certification of title by a title insurance company, dated not more than 30 days prior to final plat application, with the names of all persons whose consent is necessary to effectively dedicate proposed streets and other easements.
3.
All final subdivision maps shall be drawn in accordance with the following standards:
a.
The final map shall be clearly and legibly drawn in permanent black ink.
b.
The scale of the map shall be one inch equals either 50, 100, 200, or 400 feet; the appropriate scale to be determined on the basis of the area of the subdivision.
c.
Lettering shall be at least 3/32 of an inch high.
d.
The perimeter of the plat or subdivision being recorded shall be depicted with heavy lines wider than the remaining portion of the plat of the subdivision.
e.
The size of each sheet shall be 18 by 24 inches.
f.
A margin line shall be drawn completely around each sheet leaving an entirely blank margin of at least three inches on the left side and at least one-half inch on each of the other three sides.
g.
If more than two sheets are used, provide an index of the entire subdivision showing the arrangement of all sheets. Each sheet shall be numbered.
h.
The plat title, date, scale, quarter-quarter section and north arrow shall be shown on each appropriate sheet of the final plat.
i.
All signatures placed on the final plat shall be original signatures written in permanent black ink.
4.
The survey of the proposed subdivision and preparation of the plat shall be made by or under the supervision of a registered land surveyor of the state of Washington who shall certify on the plat that it is a true and correct representation of the lands actually surveyed.
5.
Permanent control monuments shall be established at each and every controlling corner on the boundaries of the parcel of land being subdivided. The public works director shall determine the number and location of permanent control monuments within the plat, if any. The type of monument will conform to the standards adopted by the city council.
L.
Special Use Permit for Secure Community Transition Facility.
1.
The applicant shall submit the following plans and notification procedures as part of the application. These plans and notification procedures shall be forwarded to the Yelm police department for review and recommendation to the hearing examiner.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.11.010 Intent.
The intent of this chapter is to establish procedure for processing environmental review and environmental permits that apply to all lands within the city that may or may not be required during other integrated project review.
(Ord. 995 § 12 (Exh. A), 2015; Ord. 1107 § 2, 2023)
§ 18.11.020 Authority.
§ 18.11.030 Permits within a special flood hazard area.
A.
Land Use Permit Required. A land use permit shall be obtained before construction or development begins within a special flood hazard area as established in Chapter 18.19 YMC.
B.
Land Use Permit Application. Where subdivision proposals and other proposed developments contain greater than 50 lots or five acres (whichever is the lesser) base flood elevation data shall be included as part of the application.
(Ord. 995 § 12 (Exh. A), 2015; Ord. 1107 § 2, 2023)
§ 18.11.040 Critical areas review process.
A.
Critical Areas Report Requirements.
1.
Preparation by Qualified Professional. If required by the public services department, the applicant shall submit a critical area report prepared by a qualified professional as defined herein.
2.
Incorporating Best Available Science. The critical area report shall use scientifically valid methods and studies in the analysis of critical area data and field reconnaissance and reference the source of science used. The critical area report shall evaluate the proposal and all probable impacts to critical areas in accordance with the provisions of this chapter.
3.
Minimum Report Contents. At a minimum, the report shall contain the following:
a.
The name and contact information of the applicant, a description of the proposal, and identification of the permit requested.
b.
A copy of the site plan for the development proposal including:
c.
The dates, names, and qualifications of the persons preparing the report and documentation of any fieldwork performed on the site.
d.
Identification and characterization of all critical areas, wetlands, water bodies, and buffers adjacent to the proposed project area.
e.
A statement specifying the accuracy of the report, and all assumptions made and relied upon.
f.
An assessment of the probable cumulative impacts to critical areas resulting from development of the site and the proposed development.
g.
An analysis of site development alternatives including a no-development alternative.
h.
A description of reasonable efforts made to apply mitigation sequencing pursuant to mitigation sequencing to avoid, minimize, and mitigate impacts to critical areas.
i.
Plans for adequate mitigation, as needed, to offset any impacts, in accordance with mitigation plan requirements, including, but not limited to:
j.
A discussion of the performance standards applicable to the critical area and proposed activity.
k.
Financial guarantees to ensure compliance.
l.
Any additional information required for the critical area as specified in the corresponding chapter.
m.
Unless otherwise provided, a critical area report may be supplemented by or composed, in whole or in part, of any reports or studies required by other laws and regulations or previously prepared for and applicable to the development proposal site, as approved by the public services department.
B.
Critical Area Report – Additional Requirements for Habitat Conservation Areas.
1.
The following areas shall be addressed in a critical area report for habitat conservation areas:
2.
Habitat Assessment. A habitat assessment is an investigation of the project area to evaluate the potential presence or absence of designated critical fish or wildlife species or habitat. A critical area report for a habitat conservation area shall contain an assessment of habitats including the following site- and proposal-related information at a minimum:
a.
Detailed description of vegetation on and adjacent to the project area and its associated buffer.
b.
Identification of any species of local importance, priority species, or endangered, threatened, sensitive, or candidate species that have a primary association with habitat on or adjacent to the project area, and assessment of potential project impacts to the use of the site by the species.
c.
A discussion of any federal, state, or local special management recommendations, including Washington Department of Fish and Wildlife habitat management recommendations, that have been developed for species or habitats located on or adjacent to the project area.
d.
A detailed discussion of the direct and indirect potential impacts on habitat by the project, including potential impacts to water quality.
e.
A discussion of measures, including avoidance, minimization, and mitigation, proposed to preserve existing habitats and restore any habitat that was degraded prior to the current proposed land use activity and to be conducted in accordance with mitigation sequencing.
f.
A discussion of ongoing management practices that will protect habitat after the project site has been developed, including proposed monitoring and maintenance programs.
3.
Additional Information May Be Required. When appropriate due to the type of habitat or species present or the project area conditions, the public services department may also require the habitat management plan to include:
a.
An evaluation by an independent qualified professional regarding the applicant's analysis and the effectiveness of any proposed mitigating measures or programs, to include any recommendations as appropriate;
b.
A request for consultation with the Washington Department of Fish and Wildlife or the local Native American Indian tribe or other appropriate agency; and
c.
Detailed surface and subsurface hydrologic features both on and adjacent to the site.
C.
Critical Area Report – Modifications to Requirements.
1.
Limitations to Study Area. The public services department may limit the required geographic area of the critical area report as appropriate if:
2.
Modifications to Required Contents. The applicant may consult with the public services department prior to or during preparation of the critical area report to obtain city approval of modifications to the required contents of the report where, in the judgment of a qualified professional, more or less information is required to adequately address the potential critical area impacts and required mitigation.
3.
Additional Information Requirements. The public services department may require additional information to be included in the critical area report when determined to be necessary to the review of the proposed activity in accordance with this chapter. Additional information that may be required, includes, but is not limited to:
a.
Historical data, including original and subsequent mapping, aerial photographs, data compilations and summaries, and available reports and records relating to the site or past operations at the site;
b.
Grading and drainage plans; and
c.
Information specific to the type, location, and nature of the critical area.
D.
Mitigation Requirements.
1.
The applicant shall avoid all impacts that degrade the functions and values of a critical area or areas. Unless otherwise provided in this chapter, if alteration to the critical area is unavoidable, all adverse impacts to or from critical areas and buffers resulting from a development proposal or alteration shall be mitigated using the best available science in accordance with an approved critical area report and SEPA documents, so as to result in no net loss of critical area functions and values.
2.
Mitigation shall be in kind and on site, when possible, and sufficient to maintain the functions and values of the critical area, and to prevent risk from a hazard posed by a critical area.
3.
Mitigation shall not be implemented until after city approval of a critical area report that includes a mitigation plan, and mitigation shall be in accordance with the provisions of the approved critical area report.
E.
Mitigation Sequencing. Applicants shall demonstrate that all reasonable efforts have been examined with the intent to avoid and minimize impacts to critical areas. When an alteration to a critical area is proposed, such alteration shall be avoided, minimized, or compensated for in the following sequential order of preference:
1.
Avoiding the impact altogether by not taking a certain action or parts of an action.
2.
Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts.
3.
Rectifying the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by repairing, rehabilitating, or restoring the affected environment to the historical conditions or the conditions existing at the time of the initiation of the project.
4.
Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other methods.
5.
Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action.
6.
Compensating for the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by replacing, enhancing, or providing substitute resources or environments.
7.
Monitoring the hazard or other required mitigation and taking remedial action when necessary.
8.
Mitigation for individual actions may include a combination of the above measures.
F.
Mitigation Plan Requirements. When mitigation is required, the applicant shall submit for approval by the city a mitigation plan as part of the critical area report. The mitigation plan shall include:
1.
Environmental Goals and Objectives. The mitigation plan shall include a written report identifying environmental goals and objectives of the compensation proposed and including:
a.
A description of the anticipated impacts to the critical areas and the mitigating actions proposed and the purposes of the compensation measures, including the site selection criteria; identification of compensation goals; identification of resource functions; and dates for beginning and completion of site compensation construction activities. The goals and objectives shall be related to the functions and values of the impacted critical area;
b.
A review of the best available science supporting the proposed mitigation and a description of the report author's experience to date in restoring or creating the type of critical area proposed; and
c.
An analysis of the likelihood of success of the compensation project.
d.
Performance Standards. The mitigation plan shall include measurable specific criteria for evaluating whether or not the goals and objectives of the mitigation project have been successfully attained and whether or not the requirements of this chapter have been met.
e.
Detailed Construction Plans. The mitigation plan shall include written specifications and descriptions of the mitigation proposed, such as:
i.
The proposed construction sequence, timing, and duration;
ii.
Grading and excavation details;
iii.
Erosion and sediment control features;
iv.
A planting plan specifying plant species, quantities, locations, size, spacing, and density; and
v.
Measures to protect and maintain plants until established.
vi.
These written specifications shall be accompanied by detailed site diagrams, scaled cross-sectional drawings, topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques or anticipated final outcome.
G.
Monitoring Program. The mitigation plan shall include a program for monitoring construction of the compensation project and for assessing a completed project. A protocol shall be included outlining the schedule for site monitoring (for example, monitoring shall occur in years one, three, five, and seven after site construction), and how the monitoring data will be evaluated to determine if the performance standards are being met. A monitoring report shall be submitted as needed to document milestones, successes, problems, and contingency actions of the compensation project. The compensation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than five years.
H.
Contingency Plan. The mitigation plan shall include identification of potential courses of action, and any corrective measures to be taken if monitoring or evaluation indicates project performance standards are not being met.
I.
Financial Guarantees. The mitigation plan shall include financial guarantees, if necessary, to ensure that the mitigation plan is fully implemented.
(Ord. 995 § 12 (Exh. A), 2015; Ord. 1107 § 2, 2023)
§ 18.11.050 Determination process.
A.
Determination. The public services department shall make a determination as to whether the proposed activity and mitigation, if any, is consistent with the provisions of this chapter. The public services department's determination shall be based on the review criteria.
B.
Review Criteria.
1.
Any alteration to a critical area, unless otherwise provided for in this chapter, shall be reviewed and approved, approved with conditions, or denied based on the proposal's ability to comply with all of the following criteria:
a.
The proposal minimizes the impact on critical areas in accordance with mitigation sequencing;
b.
The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site;
c.
The proposal is consistent with the general purposes of this chapter and the public interest;
d.
Any alterations permitted to the critical area are mitigated in accordance with mitigation requirements;
e.
The proposal protects the critical area functions and values consistent with the best available science and results in no net loss of critical area functions and values; and
f.
The proposal is consistent with other applicable regulations and standards.
2.
The city may condition the proposed activity as necessary to mitigate impacts to critical areas and to conform to the standards required by this chapter.
3.
Except as provided for by this chapter, any project that cannot adequately mitigate its impacts to critical areas in the sequencing order of preferences shall be denied.
C.
Completion of the Critical Area Review. The city's determination regarding critical areas pursuant to this chapter shall be final concurrent with the final decision to approve, condition, or deny the development proposal or other activity involved.
D.
Appeals. Any decision to approve, condition, or deny a development proposal or other activity based on the requirements of this chapter may be appealed according to, and as part of, the appeal procedure for the permit or approval involved.
(Ord. 995 § 12 (Exh. A), 2015; Ord. 1107 § 2, 2023)
§ 18.11.060 Additional requirements for certain exceptions.
A.
Critical Area Exception. A request for an exception shall be made to the city and shall include a critical area report. The public services department shall act on the exception request as part of the underlying permit approval based on the proposal's ability to comply with public agency and utility exception review criteria. The decision on the exception may be appealed pursuant to the appeal procedures of the underlying permit or approval.
1.
Exception Criteria.
a.
There is no other practical alternative to the proposed development with less impact on the critical areas;
b.
The application of this chapter would unreasonably restrict the ability to provide utility services to the public;
c.
The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site;
d.
The proposal attempts to protect and mitigate impacts to the critical area functions and values consistent with the best available science; and
e.
The proposal is consistent with other applicable regulations and standards.
B.
Exception Request and Review Process. An application for a reasonable use exception shall be made to the city and shall include a critical area report. The public services department shall prepare a recommendation to the hearing examiner based on the proposal's ability to comply with reasonable use exception criteria.
C.
Hearing Examiner Review. The hearing examiner shall review the application and conduct a public hearing. The hearing examiner shall approve, approve with conditions, or deny the request based on the proposal's ability to comply with all of the reasonable use exception review criteria.
D.
Reasonable Use Review Criteria.
1.
The application of this chapter would deny all reasonable economic use of the property;
2.
No other reasonable economic use of the property has less impact on the critical area;
3.
The proposed impact to the critical area is the minimum necessary to allow for reasonable economic use of the property;
4.
The inability of the applicant to derive reasonable economic use of the property is not the result of actions by the applicant after the effective date of this chapter, or its predecessor;
5.
The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site;
6.
The proposal will result in no net loss of critical area functions and values consistent with the best available science; or
7.
The proposal is consistent with other applicable regulations and standards.
(Ord. 995 § 12 (Exh. A), 2015; Ord. 1107 § 2, 2023)
§ 18.11.070 Modifications and variances.
A.
Modifications to the prescriptive standards for the protection of critical areas may be authorized by the city. The site plan review committee shall review the request and make a written finding that the request meets or fails to meet the modification criteria as part of the underlying permit approval.
B.
Modification Criteria. A modification may be granted only if the applicant demonstrates that the requested modification includes the best available science and gives special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish habitat.
C.
Variances from the standards of this chapter may be authorized by the city. The hearing examiner shall process the variance as provided in Chapter 18.14 YMC.
E.
Variance Criteria. A variance may be granted only if the applicant demonstrates that the requested action conforms to all of the criteria set forth as follows:
1.
Special conditions and circumstances exist that are peculiar to the land, the lot, or something inherent in the land, and that are not applicable to other lands in the same district;
2.
The special conditions and circumstances do not result from the actions of the applicant;
3.
A literal interpretation of the provisions of this chapter would deprive the applicant of all reasonable economic uses and privileges permitted to other properties in the vicinity and zone of the subject property under the terms of this chapter, and the variance requested is the minimum necessary to provide the applicant with such rights;
4.
Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings under similar circumstances;
5.
The granting of the variance is consistent with the general purpose and intent of this chapter, and will not further degrade the functions or values of the associated critical areas or otherwise be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the subject property;
6.
The decision to grant the variance includes the best available science and gives special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish habitat.
F.
Conditions May Be Required. In granting any modification or variance, the city may prescribe such conditions and safeguards as are necessary to secure adequate protection of critical areas from adverse impacts, and to ensure conformity with this chapter.
G.
Time Limit. A modification or variance shall be valid for the time period of the underlying permit approval.
(Ord. 995 § 12 (Exh. A), 2015; Ord. 1107 § 2, 2023)
§ 18.11.080 Variances to flood damage prevention.
§ 18.11.090 Flood damage prevention appeal.
Repealed by Ord. 1107.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.12.010 Ministerial review – Generally.
The purpose of the ministerial review process is to ensure that projects are consistent with applicable development, construction, and design standards of the Unified Development Code. Ministerial permits do not require public notice or public review, and include:
A.
Construction permits (building, mechanical, and plumbing);
B.
Right-of-way use permits;
C.
Certificate of appropriateness (changes to Yelm Historic Register);
D.
Civil plan reviews;
E.
Ministerial site plan reviews;
F.
Boundary line adjustments;
G.
Home occupation permits;
H.
Final subdivisions, final administrative subdivisions, final subdivision alterations, and final binding site plans;
I.
Final short subdivisions;
J.
Mobile food vending;
K.
Sign permits;
L.
Street tree permit;
M.
Temporary use permits.
(Ord. 995 § 12 (Exh. A), 2015; Ord. 1022 § 1, 2017; Ord. 1095 § 1 (Exh. A), 2023)
§ 18.12.020 Construction permits.
A.
When Required. Construction permits are required pursuant to the International Residential Code, International Building Code, International Plumbing Code, International Mechanical Code, and Washington State Energy Code, as adopted by Washington State and the city of Yelm.
B.
Decision Making Authority. The building official or his/her designee shall process construction permits as provided in Chapter 18.10 YMC.
C.
Criteria for Approval. Construction plans shall be approved if they comply with all applicable development, construction, and design standards of the Unified Development Code.
D.
Term. Construction permits are effective pursuant to the terms of the International Codes, as adopted by Washington State and the city of Yelm.
(Ord. 995 § 12 (Exh. A), 2015; Ord. 1095 § 1 (Exh. A), 2023)
§ 18.12.030 Right-of-way use permits.
A.
When Required. A right-of-way use permit is required prior to any construction activities in the public right-of-way or for the placement of any obstruction within the public right-of-way.
B.
Decision Making Authority. The public works director or his/her designee shall process right-of-way use permits as provided in Chapter 18.10 YMC.
C.
Criteria for Approval. Right-of-way use permits shall be approved if they comply with all applicable development, construction, and design standards of the Unified Development Code and the Yelm Engineering Specifications and Standard Details, and if they do not negatively impact the public use of the public right-of-way.
D.
Term. Right-of-way use permits are effective for six months, unless otherwise specified in the approval.
(Ord. 995 § 12 (Exh. A), 2015; Ord. 1095 § 1 (Exh. A), 2023)
§ 18.12.040 Certificate of appropriateness – Yelm Historic Register.
A.
When Required. A certificate of appropriateness is required prior to the commencement of any work, excluding ordinary repair and maintenance or emergency measures, on a property that is listed on the Yelm Historic Register, or within a historic district.
B.
Decision Making Authority. The Yelm historic preservation commission shall issue a certificate of appropriateness.
C.
Criteria for Approval. The Yelm historic preservation commission shall review the proposed changes to affirm that the changes do not adversely affect the historic characteristics of the property which contribute to its designation.
D.
Term. The certificate of appropriateness is in effect until the property changes or is removed from the Yelm Historic Register.
(Ord. 995 § 12 (Exh. A), 2015; Ord. 1095 § 1 (Exh. A), 2023)
§ 18.12.050 Civil plan review.
A.
When Required. When improvements are proposed that are subject to the development standards of the Unified Development Code.
B.
Decision Making Authority. The public works director or his/her designee shall process civil plans as provided in Chapter 18.10 YMC.
C.
Criteria for Approval. Civil plans shall be approved if the proposal complies with all applicable development, construction, and design standards of the Unified Development Code and all construction details adopted by the city of Yelm.
D.
Term. Approval of civil plans shall be effective for 12 months from the date of approval, unless construction has begun and all other required permits have been issued, in which case civil plans are effective until the expiration of all other permits, or upon project completion, whichever is first.
(Ord. 995 § 12 (Exh. A), 2015; Ord. 1095 § 1 (Exh. A), 2023)
§ 18.12.055 Grading and clearing review.
A.
Purpose. The purpose of this section is to establish a permitting process for grading and clearing activities within the city of Yelm to ensure compliance with applicable regulations and to protect the environment.
B.
Permit Required. No person shall engage in clearing, grading, filling, excavating, storing or disposing any soil or earth materials, or performing any other land-disturbing activity on a private property without first obtaining a grading and clearing permit from the city when such activity meets any of the following conditions:
1.
Earthwork of 50 cubic yards or more. This means any activity which moves 50 cubic yards of earth, whether the material is excavated or filled and whether the material is brought into the site, removed from the site, or moved around on the site.
2.
Clearing of 3,000 square feet of land area.
3.
Removal of more than six significant trees from any property.
4.
Any clearing, grading, or other land-disturbing activity within a critical area or buffer of a critical area unless otherwise exempt from the provisions of Chapter 18.21 YMC.
5.
Any change of the existing grade by four feet or more.
6.
Any land surface modification not specifically exempted from the provisions of this chapter.
7.
Development that creates new, replaced or a total of new plus replaced impervious surfaces over 1,500 square feet in size.
8.
Any modification of or construction which affects a stormwater quantity or quality control system (does not include maintenance or repair to the original condition).
C.
Exemptions. A grading and clearing permit is not required for the following specific activities:
1.
Excavations for wells, utility pipes and conduits;
2.
Exploratory excavations made under the direction of a soils engineer;
3.
Emergency situations posing an immediate danger to life or property;
4.
Any construction of public drainage facilities to be owned or operated by the city;
5.
When city employees perform work on behalf of the city within the right-of-way;
6.
When normal disasters or other emergencies make it impossible to obtain a permit prior to commencing work. In such event, the director of public works shall be notified as soon as possible.
D.
Application Process.
E.
Review and Approval.
F.
Permit Conditions. The city may impose conditions on the permit to ensure compliance with environmental protection standards, erosion control measures, and other relevant regulations.
G.
Fees. The city council shall establish a fee schedule for grading and clearing permits, which shall be reviewed periodically.
H.
Enforcement. The city shall have the authority to enforce the provisions of this section and to take appropriate action against any person who violates the terms of a grading and clearing permit.
I.
Severability. If any provision of this section is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
(A, 2025; Ord. 1133 Exh)
§ 18.12.060 Ministerial site plan review.
A.
When Required. Ministerial site plan review approval is required prior to:
1.
Changes of use on a property; provided, that staff may still require ministerial review in cases of parking expansion, exterior building changes, or other reasons that staff may deem necessary.
2.
The construction of any new residential building containing between two and nine dwelling units.
3.
The addition of a tenant within a space previously permitted for a single business.
4.
The expansion of a commercial, industrial, institutional, or public building that is 25 percent or less of the building footprint at the time it was originally permitted.
5.
Co-location or limited modification of an existing wireless communication facility.
B.
Decision Making Authority. The site plan review committee shall process ministerial site plan review applications as provided in Chapter 18.10 YMC.
C.
Criteria for Approval. A ministerial site plan review shall be approved if the proposal complies with all applicable development, construction, and design standards of the Unified Development Code.
D.
Term. Approval of a ministerial site plan review shall be effective for 18 months from the date of approval, unless construction has begun or civil plans have been approved, in which case the permit is effective until the expiration of civil plan approval or upon project completion, whichever is first.
(Ord. 995 § 12 (Exh. A), 2015; Ord. 1084 § 1 (Exh. A), 2022; Ord. 1089 § 1 (Exh. A), 2022; Ord. 1095 § 1 (Exh. A), 2023)
§ 18.12.070 Boundary line adjustment.
A.
When Required. A boundary line adjustment is required to alter the boundary line between platted or unplatted lots, or both.
B.
Decision Making Authority. The community development director or his/her designee shall process boundary line adjustments as provided in Chapter 18.10 YMC.
C.
Criteria for Approval. A boundary line adjustment shall be approved if the resulting lots conform to all applicable development and design standards of the Unified Development Code and when there will be no adverse impact to access or easements.
D.
Term. A boundary line adjustment is effective upon recording at the Thurston County auditor's office.
(Ord. 995 § 12 (Exh. A), 2015; Ord. 1095 § 1 (Exh. A), 2023)
§ 18.12.080 Home occupation.
A.
When Required. A home occupation approval is required whenever a residential dwelling unit is utilized for any use which requires a state or city business license.
B.
Decision Making Authority. The community development director or his/her designee shall process home occupation permits as provided in Chapter 18.10 YMC.
C.
Criteria for Approval. A home occupation shall be approved if the proposal complies with all applicable development, construction, and design standards of the Unified Development Code.
D.
Term. A home occupation approval is effective upon approval. A home occupation permit may be revoked upon determination that there has been a violation of any conditions of approval or standards of the Unified Development Code.
(Ord. 995 § 12 (Exh. A), 2015; Ord. 1095 § 1 (Exh. A), 2023)
§ 18.12.090 Final subdivisions, administrative subdivisions, subdivision alterations, and binding site plans.
A.
When Required. To create commercial or industrial building pads, to complete a subdivision alteration, or to create 10 or more lots in Yelm.
B.
Decision Making Authority. The city council shall process final subdivisions, administrative subdivisions, subdivision alterations, and binding site plans as provided in Chapter 18.10 YMC.
C.
Criteria for Approval. A final subdivision, administrative subdivision, subdivision alteration, or binding site plan shall be approved if all conditions of the preliminary approval have been met and all required improvements have been constructed and approved.
D.
Term. A final subdivision, administrative subdivision, subdivision alteration, or binding site plan is effective upon recording with the Thurston County auditor's office. A subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances and regulations in effect at the time of approval under RCW 58.17.150(1) and (3) for a period of five years after final plat approval unless the legislative body finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. Approved lots in a residential subdivision shall be a valid land use notwithstanding any change in zoning for a period of five years from the effective date of the final decision approving the subdivision.
(Ord. 995 § 12 (Exh. A), 2015; Ord. 1095 § 1 (Exh. A), 2023)
§ 18.12.100 Final short subdivisions.
A.
When Required. To create up to nine lots in the city of Yelm.
B.
Decision Making Authority. The community development director or his/her designee shall process final short subdivisions as provided in Chapter 18.10 YMC.
C.
Criteria for Approval. A final short subdivision shall be approved if all conditions of the preliminary approval have been met and all required improvements have been constructed and approved.
D.
Term. A final short subdivision is effective upon recording with the Thurston County auditor's office.
(Ord. 995 § 12 (Exh. A), 2015; Ord. 1095 § 1 (Exh. A), 2023)
§ 18.12.105 Mobile food vending.
A.
When Required. A mobile food vending approval is required to site a mobile food vending cart or vehicle not part of a special event in any commercial zone within the city and is also the right-of-way use permit for those applications in the city right-of-way.
B.
Decision Making Authority. The site plan review committee shall process mobile food vending applications as provided in Chapter 18.10 YMC.
C.
Criteria for Approval. A mobile food vending application shall be approved if the proposal complies with all applicable development, construction, and design standards of the Unified Development Code.
D.
Term. Approval of a mobile vending application shall be effective for 12 months from the date of approval.
(Ord. 1022 § 2, 2017; Ord. 1095 § 1 (Exh. A), 2023)
§ 18.12.110 Signs.
A.
When Required. Sign permits are required for the placement of any sign or banner not exempt from permit requirements pursuant to the Unified Development Code.
B.
Decision Making Authority. The building official or his/her designee shall process sign permits as provided in Chapter 18.10 YMC.
C.
Criteria for Approval. Sign permits shall be approved if they comply with all applicable development, construction, and design standards of the Unified Development Code.
D.
Term. Sign permits are effective pursuant to the terms of the International Codes, as adopted by Washington State and the city of Yelm.
(Ord. 995 § 12 (Exh. A), 2015; Ord. 1095 § 1 (Exh. A), 2023)
§ 18.12.120 Street tree permit.
A.
When Required. Street tree permits are required prior to any planting, removal, topping and/or major pruning of any street tree.
B.
Decision Making Authority. The community development director or his/her designee shall process street tree permits as provided in Chapter 18.10 YMC.
C.
Criteria for Approval. Street tree permits shall be approved if the proposal complies with the standards set forth in this title, and the current American Standard for Nursery Stock Guide.
D.
Term. Street tree permits are effective for six months, unless the permit is associated with another land use permit, then the restrictions and deadlines of that approval shall apply. (Correspondence from 2/1/24; Ord. 1095 § 1 (Exh. A), 2023; Ord. 995 § 12 (Exh. A), 2015).
§ 18.12.130 Temporary use permit.
A.
When Required. A temporary use permit is required when a nonpermanent use of private property is made, as long as no permanent structures or buildings are being built.
B.
Decision Making Authority. The site plan review committee shall process temporary use permits as provided in Chapter 18.41 YMC.
C.
Criteria for Approval. A temporary use of a property shall be approved if the proposal complies with all applicable development, construction, and design standards of the Unified Development Code.
(Ord. 1095 § 1 (Exh. A), 2023)
§ 18.13.010 Administrative review – Generally.
The purpose of the administrative review process is to ensure that projects are consistent with applicable development, construction, and design standards of the Unified Development Code and that all impacts attributable to a development are fully mitigated to ensure the use is compatible with the surrounding neighborhood. Administrative permits are discretionary and require public notice and comment periods, but do not require a public hearing. Administrative permits include:
A.
Administrative site plan review;
B.
Short subdivision;
C.
Administrative subdivision;
D.
Subdivision alterations and amendments;
E.
Administrative variance.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.13.020 Administrative site plan review.
A.
When Required. Administrative site plan review approval is required prior to:
1.
The use of property for new commercial, industrial, institutional, or public purposes.
2.
The construction of any new commercial, industrial, institutional, or public building.
3.
The construction of any new residential building with 10 or more dwelling units.
4.
Manufactured housing community.
5.
The expansion of a commercial, industrial, institutional, or public building which is greater than 25 percent of the building footprint at the time it was originally permitted.
6.
The use of property for freestanding wireless communication facilities listed as a permitted use.
B.
Decision Making Authority. The site plan review committee shall process administrative site plan review permits as provided in Chapter 18.10 YMC.
C.
Criteria for Approval. An administrative site plan review shall be approved if the proposal complies with all applicable development, construction, and design standards of the Unified Development Code and the site plan review committee finds that any impacts to neighboring properties and the transportation system are mitigated, and the proposal is consistent with the goals and policies of the Yelm comprehensive plan.
D.
Term. Approval of an administrative site plan review shall be effective for 18 months from the date of approval, unless construction has begun or civil plans have been approved, in which case the permit is effective until the expiration of civil plan approval or upon project completion, whichever is first.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.13.030 Short subdivision.
A.
When Required. A short subdivision is required for the division of land into nine or fewer parcels for the purpose of sale, lease, or transfer of ownership.
B.
Decision Making Authority. The community development director or his/her designee shall process short subdivisions as provided in Chapter 18.10 YMC.
C.
Criteria for Approval. A short subdivision shall be approved if:
1.
Appropriate provisions are made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, sidewalks, and other features assuring safe walking conditions for students who only walk to and from school;
2.
The public use and interest will be served by the platting of such subdivision and any dedication;
3.
The proposed subdivision is in conformity with applicable zoning and other development regulations;
4.
Public facilities impacted by the proposed subdivision will be adequate and available to serve the subdivision concurrently with the development or a plan to finance needed public facilities in time to assure retention of an adequate level of service;
5.
The project is within an approved sewer service area with capacity to serve all lots within the subdivision.
D.
Term. Approval of a short subdivision shall be for five years from the date of approval.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.13.040 Administrative subdivision.
A.
When Required. An administrative subdivision is required for the division of land into between 10 and 24 lots, for the purpose of sale, lease, or transfer of ownership, unless a public hearing is requested pursuant to RCW 58.17.095(1).
B.
Decision Making Authority. The site plan review committee shall process administrative subdivisions as provided in Chapter 18.10 YMC.
C.
Criteria for Approval. An administrative subdivision shall be approved if:
1.
Appropriate provisions are made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, sidewalks and other features assuring safe walking conditions for students who only walk to and from school;
2.
The public use and interest will be served by the platting of such subdivision and any dedication;
3.
The proposed subdivision is in conformity with applicable zoning and other development regulations;
4.
Public facilities impacted by the proposed subdivision will be adequate and available to serve the subdivision concurrently with the development or a plan to finance needed public facilities in time to assure retention of an adequate level of service;
5.
The project is within an approved sewer service area with capacity to serve all lots within the subdivision.
D.
Term. Approval of an administrative subdivision shall be for five years from the date of approval.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.13.050 Subdivision alterations and amendments.
A.
When Required. A subdivision alteration or amendment is required when any changes or alterations are requested to an approved subdivision.
C.
Criteria for Approval. A subdivision alteration or modification shall be approved if the proposed alteration is in conformity with applicable zoning and other development regulations, and the site plan review committee finds that any impacts to neighboring properties and the transportation system are mitigated, and the proposal is consistent with the goals and policies of the Yelm comprehensive plan;
D.
Term. Approval of an alteration or amendment shall be for five years from the date of approval, unless construction has begun and all other required permits have issued, in which case the permit is effective until the expiration of all other permits or upon project completion, whichever is first.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.13.060 Administrative variance.
A.
When Required. An administrative variance is required when the requested front, side, or rear yard setback is greater than 85 percent of the required setback.
B.
Decision Making Authority. The site plan review committee shall process all administrative variances as provided in Chapter 18.10 YMC.
C.
Criteria for Approval. An administrative variance shall be approved if:
1.
Literal interpretation and application of provisions of this code would deprive the applicant of the rights commonly enjoyed by other properties in the same district;
2.
A variance is necessary for the preservation and enjoyment of a property right possessed by other property in the same vicinity or district, but which is denied to the property in question because of special circumstances on that property;
3.
That the hardship described under this subsection is specifically related to the property and is the result of unique conditions such as irregular lot shape, size, or natural features, and the application of this code, and not, for example, from deed restrictions or the applicant's own actions;
4.
The granting of the variance will not be materially detrimental to the public welfare or injurious to the right of other property owners in the vicinity; and
5.
The variance will not permit a use prohibited by the Unified Development Code, in the district in which the subject property is located.
D.
Term. Approval of an administrative variance shall be effective for 18 months from the date of approval, unless construction has begun and all other required permits have issued, in which case the permit is effective until the expiration of all other permits or upon project completion, whichever is first.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.14.010 Quasi-judicial review – Generally.
The purpose of the quasi-judicial review process is to ensure that projects are consistent with applicable development, construction, and design standards of the Unified Development Code and that all impacts attributable to a development are fully mitigated to ensure the use is compatible with the surrounding neighborhood. Quasi-judicial permits are discretionary and require public notice, public comment periods, and public hearings. Quasi-judicial permits include:
A.
Preliminary subdivisions;
B.
Special uses;
C.
Binding site plans;
D.
Planned residential developments;
E.
Mixed use developments;
F.
Variances;
G.
Critical area exception.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.14.020 Public hearings.
A.
Public Hearing Required. A public hearing shall be held by the hearing examiner prior to rendering a decision or making a recommendation on quasi-judicial reviews.
B.
Notice of Public Hearing. Not less than 10 days prior to the date of the public hearing, notice shall be given by:
1.
First class mail to all persons entitled to receive the notice of application;
2.
Publication in the official newspaper of the city; and
3.
Posting notice on the property.
4.
For an adult entertainment buffering variance, in addition to the noticing requirements above, the notice shall also be sent by first class mailing to all parties within the 660-foot buffering distance.
C.
Contents of Hearing Notice. All notices of public hearing shall include:
1.
A description of the location of the proposed action including a vicinity location sketch or a written description other than a legal description.
2.
The date, time, and location of the public hearing.
3.
A mailing and electronic mail address for submission of written comments prior to the hearing.
D.
Special Considerations.
1.
Vacations of Rights-of-Way. Notice of public hearing for the vacations of streets and alleys shall be given as follows:
a.
Upon passage of resolution by city council, not less than 20 days' notice shall be posted in three of the most public places in the city, and a like notice in a conspicuous place on the street or alley to be vacated.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.14.030 Report by community development department.
The community development department shall coordinate and assemble the comments and recommendations of other city departments, governmental agencies and other interested parties and shall prepare a report summarizing the factors involved and the department's findings and recommendations.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.14.040 Hearing examiner or city council's decision and recommendation – Findings required.
A.
The hearing examiner or city council shall render a written decision which shall include findings of fact based upon the record created at the public hearing that support conclusions of law.
B.
A copy of such decision, including findings and conclusions, shall be transmitted by electronic mail or first class mail to the applicant and other parties of record in the case who requested notice of the decision.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.14.050 Preliminary subdivisions.
A.
When Required. A preliminary subdivision is required for the division of land into 25 or more lots for the purpose of sale, lease, or transfer of ownership, or for the division of land into 10 or more lots when a public hearing on an administrative subdivision is requested pursuant to RCW 58.17.095(1).
B.
Decision Making Authority. The hearing examiner shall process preliminary subdivisions as provided in Chapter 18.10 YMC.
C.
Criteria for Approval. A preliminary subdivision shall be approved if:
1.
Appropriate provisions are made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, sidewalks and other features assuring safe walking conditions for students who only walk to and from school;
2.
The public use and interest will be served by the platting of such subdivision and any dedication;
3.
The proposed subdivision is in conformity with applicable zoning and other development regulations;
4.
Public facilities impacted by the proposed subdivision will be adequate and available to serve the subdivision concurrently with the development or a plan to finance needed public facilities in time to assure retention of an adequate level of service;
5.
The project is within an approved sewer service area with capacity to serve all lots within the subdivision.
D.
Term. Approval of a preliminary subdivision shall be for five years from the date of approval.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.14.060 Special use.
A.
When Required. A special use permit is required for any use identified as a special use in the zoning district in which it is located.
B.
Decision Making Authority. The hearing examiner shall process special use permits as provided in Chapter 18.10 YMC.
C.
Criteria for Approval. A special use shall be approved if:
1.
The proposed use will not be contrary to the intent or purposes and regulations of the Unified Development Code or the Yelm comprehensive plan;
2.
The proposal is appropriate in design, character and appearance with the goals and policies of the Yelm comprehensive plan;
3.
The proposed use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated by conditions of approval;
4.
The proposal will be served by adequate facilities including access, fire protection, water, stormwater control, and sewage disposal facilities;
5.
The location, size, and height of buildings, structures, walls and fences, and screening vegetation associated with the proposed use shall not unreasonably interfere with allowable development or use of neighboring properties;
6.
The pedestrian and vehicular traffic associated with the special use will not be hazardous to existing and anticipated traffic in the neighborhood.
D.
Term. Approval of a special use permit shall be effective for 18 months from the date of approval, unless construction has begun or civil plans have been approved, in which case the permit is effective until the expiration of civil plan approval or upon project completion, whichever is first.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.14.070 Binding site plans.
A.
When Required. A binding site plan is required for the division of land into commercial or industrial pads.
B.
Decision Making Authority. The hearing examiner shall process binding site plans as provided in Chapter 18.10 YMC.
C.
Criteria for Approval. A binding site plan shall be approved if:
1.
Appropriate provisions are made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, sidewalks and other features assuring safe walking conditions for students who only walk to and from school;
2.
The public use and interest will be served by the binding site plan and any dedication;
3.
The proposed binding site plan is in conformity with applicable zoning and other development regulations;
4.
Public facilities impacted by the proposed binding site plan will be adequate and available to serve the subdivision concurrently with the development or a plan to finance needed public facilities in time to assure retention of an adequate level of service;
5.
The project is within an approved sewer service area with capacity to serve all pads in the binding site plan;
6.
If building pads contain property outside the exterior walls of the buildings, all standards of the Unified Development Code relating to property lines have been met.
D.
Term. Approval of a binding site plan shall be for five years from the date of approval.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.14.080 Planned residential development.
A.
When Required. A planned residential development overlay is required to vary from the development regulations of the zoning district in which it is located.
B.
Decision Making Authority. The hearing examiner shall process planned residential developments as provided in Chapter 18.10 YMC.
C.
Criteria for Approval. A planned residential development shall be approved if:
1.
It is consistent with the goals and policies of the city of Yelm comprehensive plan;
2.
It meets minimum requirements for fire and life safety;
3.
It provides adequate provisions for utilities and other public services, roads, streets and sidewalks necessary to serve the needs of the development;
4.
There are no unavoidable impacts to adjoining streets and neighborhoods;
5.
The development creates no greater burden on present and public utilities and services than would result from traditional development;
6.
The development is better than that resulting from traditional development.
D.
Term. Approval of a planned residential development shall be for 18 months from the date of approval unless application for final or partial final has been filed.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.14.090 Mixed use development.
A.
When Required. A mixed use development overlay allows for a mix of residential and commercial uses identified in the zoning district in which it is located.
B.
Decision Making Authority. The hearing examiner shall process mixed use developments as provided in Chapter 18.10 YMC.
C.
Criteria for Approval. A mixed use development shall be approved if:
1.
It preserves or creates environmental amenities superior to those generally found in conventional development;
2.
It preserves or creates usable open space for the enjoyment of the occupants;
3.
It preserves to the greatest possible extent the natural characteristics of the land, including topography, natural vegetation, waterways, views, etc.;
4.
Encourages development of a variety of housing types;
5.
Provides for maximum efficiency in the layout of streets, utility networks and other public improvements;
6.
The development will be served by adequate facilities including access, fire protection, water, stormwater control, and sewage disposal facilities;
7.
The pedestrian and vehicular traffic associated with the development will not be hazardous to existing and anticipated traffic in the neighborhood; and
8.
The proposal is consistent in design, character and appearance with the goals and policies of the Yelm comprehensive plan.
D.
Term. Approval of a mixed use development shall be for 18 months from the date of approval unless application for final or partial final has been filed.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.14.100 Variances.
A.
When Required. A variance is required to waive the design standards of the Unified Development Code, except where the waiver is an administrative variance.
B.
Decision Making Authority. The hearing examiner shall process all variances as provided in Chapter 18.10 YMC.
C.
Criteria for Approval. A variance shall be approved if:
1.
Literal interpretation and application of provisions of this code would deprive the applicant of the rights commonly enjoyed by other properties in the same district;
2.
A variance is necessary for the preservation and enjoyment of a property right possessed by other properties in the same vicinity or district, but which is denied to the property in question because of special circumstances on that property;
3.
That the hardship described under this subsection is specifically related to the property and is the result of unique conditions such as irregular lot shape, size, or natural features, and the application of this code, and not, for example, from deed restrictions or the applicant's own actions;
4.
The granting of the variance will not be materially detrimental to the public welfare or injurious to the right of other property owners in the vicinity; and
5.
The variance will not permit a use prohibited by the Unified Development Code in the district in which the subject property is located.
6.
For adult entertainment businesses, a variance from buffering requirements may be granted if the following criteria are met:
D.
Term. Approval of a variance shall be effective for 18 months from the date of approval, unless construction has begun and all other required permits have issued, in which case the permit is effective until the expiration of all other permits or upon project completion, whichever is first.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.14.110 Critical area exception.
A.
When Required. A critical area exception is required to waive the standards of the critical areas code.
B.
Decision Making Authority. The hearing examiner shall process all critical area exceptions as provided in Chapter 18.10 YMC.
D.
Term. Approval of a critical area exception shall be effective for the approval term of the underlying project.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.15.010 Legislative review – Generally.
The purpose of the legislative review process is to ensure that the creating of new policies or codes that have broad public impact are made by the city council after public input and a careful review process. Legislative review projects require public notice and a public hearing, and include:
A.
Amendment of Unified Development Code;
B.
Conceptual master planned development;
C.
Final master planned development;
D.
Historic register listing or removal.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.15.020 Public hearings.
§ 18.15.030 Amendment of Unified Development Code.
A.
When Required. When one or more owners of property file an application with the city to amend the Unified Development Code, when the city council adopts a motion requesting the planning commission consider an amendment to the Unified Development Code, or when the planning commission or hearing examiner recommends the city council consider an amendment to the Unified Development Code.
B.
Decision Making Authority. The city council acts on amending the Unified Development Code by ordinance, after receiving a recommendation from the planning commission or hearing examiner.
C.
Criteria for Approval. Amendments to the Unified Development Code may be approved so long as the city council finds that the amendment is consistent with the goals and policies of the comprehensive plan, furthers the implementation of the comprehensive plan, and is in the public use and interest.
D.
Term. Amendments to the Unified Development Code take effect five days after publication of the ordinance or a summary of the ordinance adopting the amendment.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.15.040 Conceptual master planned development.
A.
When Required. A conceptual master planned development approval is required when a property owner or applicant wishes to establish general land use policies to guide detailed planning for and development of property identified as a master planned community by the official zoning map for the city of Yelm.
B.
Decision Making Authority. The city council acts on a conceptual master planned development application, after receiving a recommendation from the hearing examiner.
C.
Criteria for Approval. A conceptual master planned development may be approved so long as the city council finds that the conceptual plan is consistent with the goals and polices of the comprehensive plan, furthers the implementation of the comprehensive plan, and is in the public use and interest.
D.
Term. A conceptual master planned development approval is effective for 10 years after approval by the city council; provided, that the approval shall be extended 10 years from the date of approval of every final master planned development within the master planned development.
Upon approval by the city council of a conceptual master planned development, the official zoning map shall be updated to include the proposed use districts, transportation routes, and case file number of the conceptual approval. |
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.15.050 Final master planned development.
A.
When Required. A final master planned development approval is required when a property owner or applicant wishes to establish specific development standards within all or a portion of a conceptual master planned community.
B.
Decision Making Authority. The city council acts on a final master planned development application, after receiving a recommendation from the hearing examiner.
C.
Criteria for Approval. A final master planned development may be approved when the city council finds that the final master plan is consistent with the conceptual master planned development approval and complies with the goals and policies of the Yelm comprehensive plan, and the provisions of the Unified Development Code.
D.
Term. A final master planned development approval is effective for five years after approval by the city council; provided, that the approval shall be extended three years from the date of approval of every project approval within the final master planned development.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.15.060 Yelm Historic Register listing.
A.
When Required. Approval for inclusion to the Yelm Historic Register is required when there is a nomination from the historic preservation commission to place a property, building, or site on the Yelm Register of Historic Places.
B.
Decision Making Authority. The city council acts on a Yelm Historic Register nomination after receiving a recommendation from the historic preservation commission.
C.
Criteria for Approval. Any building, structure, site, object or district may be designated for inclusion in the Yelm Historic Register if it is significantly associated with the history, architecture, archaeology, engineering, or cultural heritage of the community; if it has integrity; is at least 50 years old, or is of lesser age and has exceptional importance; and if it falls in at least one of the following categories:
1.
Is associated with events that have made a significant contribution to the broad patterns of national, state or local history;
2.
Helps in the understanding of the history of the local area, state, or nation (whichever is applicable) by illuminating the local, statewide, or nationwide impact of the events or persons associated with the property, or its architectural type or style in information potential;
3.
Embodies the distinctive architectural characteristics of a type, period, style, or method of design or construction, or represents a significant and distinguishable entity whose components may lack individual distinction;
4.
Is an outstanding work of a designer, builder or architect who has made a substantial contribution to the art;
5.
Exemplifies or reflects special elements of the city's cultural, special, economic, political, aesthetic, engineering or architectural history;
6.
Is associated with the lives of persons significant in national, state or local history;
7.
Has yielded or may be likely to yield important archaeological information related to history or prehistory;
8.
Is a building or structure removed from its original location but which is significant primarily for architectural value, or which is the structure significantly associated with an historic person or event;
9.
Is a birthplace or grave of an historical figure of outstanding importance;
10.
Is a cemetery which derives its primary significance from age, from distinctive design features, or from association with historic events, or cultural patterns;
11.
Is a reconstructed building that has been executed in an historically accurate manner on the original site; and
12.
Is a creative and unique example of folk architecture and design created by persons not formally trained in the architectural or design professions, and which does not fit into formal architectural or historical categories.
D.
Term. The listing on the Yelm Historical Register remains indefinitely unless the property is no longer deemed appropriate for designation to the register, or when a waiver of certificate of appropriateness is issued for the demolition of property on the register.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.15.070 Removal from Yelm Historic Register.
A.
When Required. Approval is required to remove a property from the Yelm Historic Register.
B.
Decision Making Authority. The city council acts on the removal of a property from the Yelm Historic Register after receiving a recommendation from the historic preservation commission.
C.
Criteria for Approval. The historic preservation commission must determine that the property is no longer appropriate for designation to the register based on the following criteria.
D.
Term. The removal of designation from the register is permanent, unless other historic relevance of the site is found, and requested to be listed again.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.16.010 Intent of concurrency management.
The intent of concurrency management is to implement the concurrency provisions of the comprehensive plan and to implement the provisions for determining adequate facilities found in the Growth Management Act, RCW 36.70A.070 and WAC 365-195-510 and 365-195-835, the State Subdivision Act, Chapter 58.17 RCW, and the State Building Code, Chapter 19.27 RCW.
The concept of concurrency is based on the maintenance of specified levels of service through capacity monitoring, allocation and reservation procedures. Concurrency describes the situation in which water, sewer and/or transportation facilities are available when the impacts of development occur. For transportation facilities, this time period is established by statute as within six years from the time of development.
No approval shall be issued except in accordance with this chapter. If a project requires more than one approval or permit, a separate concurrency determination will be made for every approval or permit, as required by this chapter.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.16.020 Exemptions.
No development activity shall be exempt from the requirements of this chapter unless specifically listed below. The following types of approvals and permits are exempt provided they do not create additional long-term impacts on transportation facilities or sewer capacity in the city's wastewater treatment plant, or water capacity in the city's water system:
A.
Administrative interpretations;
B.
Sign permits;
C.
Street vacations;
D.
Demolition permits;
E.
Right-of-way use permits;
F.
Interior alterations with no change of use;
G.
Clearing and grading permits;
H.
Plumbing permits;
I.
Electrical permits;
J.
Mechanical permits;
K.
Driveway or street access permit;
L.
Tenant improvement permits in previously occupied spaces;
M.
Fire sprinkler permits;
N.
Temporary use permits;
O.
Special event permits;
P.
Home occupations;
Q.
Boundary line adjustments;
R.
Critical areas permits;
S.
Variances.
Notwithstanding the above, if any of the above approvals or permits will generate any new peak p.m. trips, require additional sewer capacity, or increase water consumption, such approval or permit shall not be exempt from the requirements of this chapter. |
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.16.030 Level of service standards.
Level of service (LOS) is the established minimum capacity of public facilities or services that must be provided per unit of demand or other appropriate measure of need, as mandated by Chapter 36.70A RCW. LOS standards shall be used to determine if public facilities or services are adequate to support a development's impact at the time the impact occurs.
A.
Transportation. The city has designated levels of service for road facilities in the comprehensive plan, as follows:
1.
In all residential zones, LOS C.
2.
In all commercial and light industrial zones, LOS D.
3.
In the urban core between 4th Street and Solberg Street, LOS F is recognized as a level of service where mitigation to create traffic diversions, bypasses, and alternate routes and modes of transportation are authorized and being planned, funded, and implemented, and can result in improved LOS.
Level of service is calculated using the methodology found in the Highway Capacity Manual for signalized and unsignalized intersections using the average delay of all legs. The site plan review committee shall identify concurrency intersections annually. |
B.
Water. The ability to provide potable water to the consumer for use and fire protection in accordance with adopted health and environmental regulations.
C.
Sewer. The ability to treat and discharge wastewater in accordance with adopted health and environmental regulations.
The community development department shall use the adopted LOS standards to make concurrency evaluations as part of the review of any development. |
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.16.040 Procedures for concurrency evaluations.
A.
Ministerial, Administrative, and Quasi-judicial Review Projects.
1.
Prior to issuance of any ministerial, administrative, or quasi-judicial approval, the decision maker shall conduct a concurrency evaluation.
2.
If the decision maker finds concurrency based on the concurrency evaluation, the issuance of the underlying permit or approval constitutes the finding.
3.
If the decision maker finds that the proposal will have an impact on a public facility that causes a level of service failure that cannot be mitigated, or that potable water is not available pursuant to RCW 19.27.097, the permit or approval will be denied.
4.
A finding of concurrency for a ministerial, administrative, or quasi-judicial permit or approval may be appealed only as part of an appeal of the underlying permit or approval.
B.
Legislative Review Projects.
1.
Prior to approval of any legislative review project, the decision maker shall conduct a concurrency evaluation.
2.
If the decision maker finds concurrency based on the concurrency evaluation, that finding shall be documented in the written decision.
3.
If the decision maker finds that the proposal will have an impact on a public facility that causes a level of service failure that cannot be mitigated, the legislative review project will be denied.
4.
There is no city appeal of a concurrency determination for legislative review projects.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.16.050 Criteria for issuing a finding of concurrency.
A.
Ministerial Reviews.
1.
Construction Permits.
a.
Transportation. Frontage improvements have been or will be constructed prior to building occupancy and all improvements identified as necessary to issue a finding of concurrency on the underlying development approval have been made or are fully funded six years from the date of the approval of the underlying development approval.
b.
Water. The status of the city's water system annual operating permit with the Washington Department of Health allows new water system connections.
c.
Sewer. The city's sewer system is operating within the conditions and parameters of the city's national pollution discharge elimination permit and has capacity to serve the proposal.
2.
All Other Ministerial Reviews.
a.
Transportation. Frontage improvements have been or will be constructed prior to building occupancy and all improvements identified as necessary to issue a finding of concurrency on the underlying development approval have been made or are fully funded six years from the date of the approval of the underlying development approval.
b.
Water. The status of the city's water system annual operating permit with the Washington Department of Health allows new water system connections or is anticipated to allow new connections at the time a construction permit will be issued.
c.
Sewer. The city's sewer system is operating within the conditions and parameters of the city's national pollution discharge elimination permit and has capacity to serve the proposal or is anticipated to be available to serve at the time a construction permit will be issued.
B.
Administrative Reviews.
1.
Administrative Site Plan Review.
a.
Transportation. The level of service at concurrency intersections will not drop below accepted levels of service due to new trips associated with the proposed development unless the planned improvements identified in the six-year transportation improvement program would maintain levels of service.
b.
Water. The infrastructure required to serve the proposed use is in place or will be constructed as a condition of the site plan review approval and it is reasonably anticipated that sufficient water rights to serve the proposed use will be in place at the time of impact to the system (construction permit issuance).
c.
Sewer. The infrastructure required to serve the proposed use is in place or will be constructed as a condition of the site plan review approval and it is reasonably anticipated that sufficient treatment plant capacity to serve the proposed use will be in place at the time of impact to the system (construction permit issuance).
2.
Preliminary Short Subdivisions and Administrative Subdivisions.
a.
Transportation. The level of service at concurrency intersections will not drop below accepted levels of service due to new trips associated with the proposed land division unless the planned improvements identified in the six-year transportation improvement program would maintain levels of service.
b.
Water. At the time of preliminary approval, the planned infrastructure identified in the six-year improvement program and water rights acquisition program of the water system plan are sufficient to provide for the proposed land division.
c.
Sewer. At the time of preliminary approval, the planned infrastructure identified in the six-year improvement program of the sewer system plan are sufficient to provide for the proposed land division and it is reasonably anticipated that the treatment plant has sufficient capacity to provide for the proposed land division.
3.
All Other Administrative Reviews.
a.
Transportation. The level of service at concurrency intersections will not drop below accepted levels of service due to new trips associated with the proposed development unless the planned improvements identified in six-year transportation improvement program would maintain levels of service.
b.
Water. The infrastructure required to serve the proposed use is in place or will be constructed as a condition of the site plan review approval and it is reasonably anticipated that sufficient water rights to serve the proposed use will be in place at the time of impact to the system (construction permit issuance).
c.
Sewer. The infrastructure required to serve the proposed use is in place or will be constructed as a condition of the site plan review approval and it is reasonably anticipated that sufficient treatment plant capacity to serve the proposed use will be in place at the time of impact to the system (construction permit issuance).
C.
Quasi-Judicial Reviews.
1.
Preliminary subdivisions, binding site plans, mixed use developments, and planned residential developments.
a.
Transportation. The level of service at concurrency intersections will not drop below accepted levels of service due to new trips associated with the proposed land division unless the planned improvements identified in six-year transportation improvement program would maintain levels of service.
b.
Water. At the time of preliminary approval, the planned infrastructure identified in the six-year improvement program and water rights acquisition program of the water system plan are sufficient to provide for the proposed land division.
c.
Sewer. At the time of preliminary approval, the planned infrastructure identified in the six-year improvement program of the sewer system plan are sufficient to provide for the proposed land division and it is reasonably anticipated that the treatment plant has sufficient capacity to provide for the proposed land division.
2.
Special Uses.
a.
Transportation. The level of service at concurrency intersections will not drop below accepted levels of service due to new trips associated with the proposed development unless the planned improvements identified in six-year transportation improvement program would maintain levels of service.
b.
Water. The infrastructure required to serve the proposed use is in place or will be constructed as a condition of the special use approval and it is reasonably anticipated that sufficient water rights to the proposed use will be in place at the time of impact to the system (construction permit issuance).
c.
Sewer. The infrastructure required to serve the proposed use is in place or will be constructed as a condition of the special use approval and it is anticipated that the treatment plant has sufficient capacity to serve the proposed use at the time of impact to the system (construction permit issuance).
3.
All Other Quasi-Judicial Reviews.
a.
Transportation. The level of service at concurrency intersections will not drop below accepted levels of service due to new trips associated with the proposed development unless the planned improvements identified in six-year transportation improvement program would maintain levels of service.
b.
Water. The infrastructure required to serve the proposed use is in place or will be constructed as a condition of the special use approval and it is reasonably anticipated that sufficient water rights to the proposed use will be in place at the time of impact to the system (construction permit issuance).
c.
Sewer. The infrastructure required to serve the proposed use is in place or will be constructed as a condition of the special use approval and it is anticipated that the treatment plant has sufficient capacity to serve the proposed use at the time of impact to the system (construction permit issuance).
D.
Legislative Reviews.
1.
Conceptual and Final Master Planned Developments.
a.
Transportation. The environmental documents and conceptual master site plan identify how transportation levels of service within the city will be maintained if the master planned development is approved. Development within the master planned development will be subject to a finding of concurrency appropriate to the development approval being issued.
b.
Water. The environmental documents and conceptual master site plan identify how water system levels of service within the city will be maintained if the master planned development is approved. Development within the master planned development will be subject to a finding of concurrency appropriate to the development approval being issued.
c.
Sewer. The environmental documents and conceptual master site plan identify how sewer system levels of service within the city will be maintained if the master planned development is approved. Development within the master planned development will be subject to a finding of concurrency appropriate to the development approval being issued.
2.
Annexations.
a.
Transportation. The transportation plan includes the infrastructure to serve the proposed annexation area.
b.
Water. The annexation area is within Yelm's retail water service area and the water system plan includes the infrastructure and water rights to serve the proposed annexation area.
c.
Sewer. The annexation area is within Yelm's sewer service area and the sewer system plan includes the infrastructure and treatment plant capacity to serve the proposed annexation area.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.16.060 Effect of a finding of concurrency.
The factors affecting available capacity, in some instances, lie outside of the city's control. The city's adoption of this chapter relating to the manner in which the city will make its best attempt to determine infrastructure capacity does not create a duty in the city to provide water or sewer service to the public or any individual, regardless of whether a finding of concurrency has been made.
A finding of concurrency is not a guarantee that water and/or sewer will be available to serve the proposed project at the time a building permit application is made.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.16.070 Reservation of water or sewer connections.
The city may reserve water and sewer capacity by resolution of the city council for essential public facilities, improvements identified in an adopted capital facilities plan and listed in the six-year improvement program.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.16.080 Improvement deferrals.
In certain circumstances it may not be appropriate to require installation of improvements required for a finding of concurrency at the time a development occurs. In such situations, the site plan review committee may permit deferral of installation of such improvements to a later date under the provisions of this section.
The city may authorize a deferral of any or all required improvements, provided one or more of the following criteria are met:
A.
The installation of required improvements would be inconsistent with the city's long-range street or utility system comprehensive plans.
B.
The installation of improvements could be more safely, efficiently and effectively implemented if done concurrently with the installation of improvements required for other properties along the same street frontage.
C.
The scope of the improvement being authorized does not constitute a significant change in the existing demands of the use of property upon the city's transportation and utility transmission systems.
D.
The developer and property owner enter into a mitigation agreement with the city that ensures the proposal pays its pro-rata cost of the improvement.
E.
The developer and property owner enter into an agreement to participate in a local improvement district formed for the construction of the improvement.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.16.090 Impact fees.
A.
Transportation. The project makes a contribution to the facilities relating to capacity improvements identified in the adopted six-year traffic improvement program, in the form of a transportation facility charge calculated as follows:
The city council shall establish the transportation facility charge (TFC) annually as part of the adoption of the most current six-year transportation improvement program (STIP). The TFC shall be based on the development's contribution to the increase in local traffic and the capacity-related improvements identified in the STIP.
 |
STIP | = | The total cost of all capacity-related improvements on the six-year transportation improvement program. |
LP | = | The percentage local traffic (generated within the city of Yelm) represents the total traffic at the intersection of 1st Street and Yelm Avenue. |
TG | = | Total traffic growth (peak p.m.), based on an annual growth rate applied to the base traffic count over the six-year period covered by the latest STIP. |
BG | = | Background traffic growth (peak p.m.), based on an annual growth rate applied to the base traffic count over the six-year period covered by the latest STIP, excluding any new development. |
BT | = | Baseline traffic (peak p.m.) in the first year of the latest STIP. |
1.
Credits shall be given to reflect the projected impact on the community system, such as traffic decreases where an existing facility on site is removed or replaced, and traffic reduction systems which are binding and likely to remain effective for the life of the project.
2.
Credits may also be given for projects which create a significant economic benefit to the community, including industrial or manufacturing uses with an excess of 500 trips per day. The size of the credit shall be measured at an appropriate percentage of the anticipated annual tax revenue increase to the community and available for capital contribution to transportation facilities on the approved plan as a result of the project. The said credit shall be calculated as follows:
a.
Estimated gross revenue for six years.
b.
Multiply gross revenue by 0.2 percent (B&O tax).
c.
Multiply gross revenue subject to sales tax by 1.5 percent (city share of state sales tax).
d.
Add products of b and c above.
e.
Multiply total from line d by nine percent (percentage of tax revenue budgeted to city road fund).
f.
Multiply product from line e by 28 percent (percentage of money in the road fund that is designated as private share for projects on the TFC).
B.
Schools. The project makes a contribution to Yelm Community Schools as identified in the most current version of the capital facilities plan adopted by Yelm Community Schools and endorsed by resolution of the Yelm city council.
C.
Fire Protection Facilities. The project makes a contribution to the fire protection facilities as identified in the most current version of the capital facilities plan adopted by the S.E. Thurston Fire Authority and endorsed by resolution of the Yelm city council.
D.
Payment of impact fees shall be as follows:
1.
For projects involving the division of land for sale or lease, upon the issuance of a building permit for construction of each lot of record, for the traffic attributable to that lot;
2.
For projects approved through site plan review, upon the issuance of the building permit authorizing the construction of any phase, for the traffic associated with that phase;
3.
For projects approved through site plan review which do not include a list of tenants at the time of approval, upon the issuance of the building permit for the tenant improvements, if required, or otherwise upon the issuance of the business license, for the traffic associated with that tenant.
(Ord. 995 § 12 (Exh. A), 2015; Ord. 1022 § 3, 2017)
§ 18.17.010 Agreement in lieu of completion of improvements.
Before any subdivision is finally approved the subdivider shall install required improvements and replace or repair any such improvements which are damaged in the development of the subdivision. In lieu of installation of all required improvements, the subdivider may execute and file with the city an agreement guaranteeing completion of such improvements together with any needed replacement or repair. The agreement shall:
A.
Specify the period of time within which all work required shall be completed. Such schedule may provide for construction of improvements in units or phases. In no case shall the time for completion exceed one year from the date of final approval of the subdivision. The agreement may provide for reasonable extensions of time for completion of work. Extensions must be requested, approved by the city council and properly secured as provided herein in advance of the required initial completion date;
B.
Require notice by the subdivider to the public works director promptly upon completion of all required improvements;
C.
Provide for notice of approval or disapproval by the director of the improvement within a reasonable time after receiving notice of completion;
D.
Designate the form and require financial security to be provided by the subdivider in a form permitted by this chapter;
E.
Provide that if the subdivider fails to complete all required work within the period specified, including any approved extensions of time, the city may take steps to demand performance of the developer's obligation within a reasonable time not to exceed 90 days from the date of demand;
F.
Provide that if the required improvements are not completed within that time, the city may take action to forfeit the financial security;
G.
Provide that the city shall be entitled to recover all costs of such action including reasonable attorney's fees;
H.
Provide that following recovery of the proceeds of the financial security, those proceeds shall be used to complete the required improvements and pay the costs incurred;
I.
Provide that should the proceeds of the financial security be insufficient for completion of the work and payment of the costs, the city shall be entitled to recover the deficiency from the subdivider.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.17.020 Agreement to assure successful operation of improvements.
Regardless of whether all required improvements are completed prior to final approval of any subdivision of land, as a condition of such approval the subdivider shall execute an agreement to assure successful operation of said improvements. The agreement shall:
A.
Require the subdivider to post a bond or other financial security permitted by this chapter to secure successful operation of all required improvements and full performance of the developer's maintenance obligation. Such financial security shall be effective for a two-year period following approval of installation of all required improvements;
B.
Require the subdivider to perform maintenance functions on drainage improvements for a period of time not to exceed two years from approval of their completion or final subdivision approval, whichever is later. Such maintenance functions shall be specified by the public works director and shall be reasonably related to the burdens which the subdivision will impose on drainage facilities during the time maintenance is required. The city council may agree to accept and perform maintenance of the improvements, in which case the subdivider's obligation to perform maintenance functions shall terminate;
C.
Not relieve the subdivider of liability for the defective condition of any required improvements discovered following the effective term of the security given;
D.
A waiver by the subdivider of all claims for damages against any governmental authority which may occur to the adjacent land as a result of construction, drainage and maintenance of the streets and other improvements.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.17.030 Form of financial security.
To assure full performance of the agreements required by this chapter, the subdivider shall provide one or more of the following:
A.
A surety bond executed by a surety company authorized to transact business in the state of Washington in a form approved by the city attorney;
B.
A letter of credit from a financial institution stating that the money is held for the purpose of development of the stated project in a form approved by the city attorney.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.17.040 Amount of financial security.
The financial security required by this chapter shall be for one and one-half percent of the sum estimated by the public works director to be the city's cost upon the developer's failure to comply with the above agreements and all related engineering and incidental expenses, final survey monumentation and preparation of reproducible city approved drawings of as-built improvements.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.17.050 Defective work.
The acceptance of improvements by the city shall not prevent the city from making a claim against the developer for any defective work if such is discovered within two years (or less if provided by state law) after the date of completion of the work.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.18.010 Purpose and intent.
A.
The purpose of this chapter is to provide a standard enforcement process for the Design Guidelines, Yelm Engineering Specifications and Standard Details, procedures, and permit requirements of the Unified Development Code; provided, that the enforcement of construction permits subject to the State Building Code Act, Chapter 19.27 RCW, shall be subject to the enforcement procedures, penalties, and notice requirements of that act.
B.
The primary intent of all enforcement actions described in this chapter is to educate the public and to encourage the voluntary correction of violations. Civil and criminal penalties will be used only when necessary to ensure compliance with the provisions of the codes to which this chapter applies. Criminal charges will be brought only when civil remedies have failed to ensure compliance.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.18.020 Violations.
§ 18.18.030 Enforcement and duty to enforce.
A.
Provisions of the regulations to which the enforcement provisions of this chapter apply will be enforced for the benefit of the health, safety, and welfare of the general public, and not for the benefit of any particular person or class of persons.
B.
The community development department is authorized to enforce the regulations to which the enforcement provisions of this code apply. The community development department may call upon law enforcement, public works, or other appropriate city departments to assist in enforcement.
C.
The police and all officers and officials charged with enforcement of the law are authorized to enforce provisions of this code.
D.
The owner of any real or personal property subject to enforcement action and any person responsible for a violation are liable for failure to comply with the regulations to which the enforcement provisions of this chapter apply or to comply with notices or orders issued pursuant to this chapter.
E.
No provision or term used in this code is intended to impose any duty upon the city or any of its officers or employees which would subject them or the city to damages in a civil action.
F.
No approval shall be granted for a land use permit, land division, building permit or connection to city services for any lot, tract, or parcel of land on which there is a final determination of a violation of any state law or city code to which the enforcement provisions of this chapter apply, pertinent to use or development of the property, unless such violations are either corrected prior to application or are required to be corrected as a condition of approval. City approval granted on that basis may be revoked at any time if there is a failure to comply with conditions of approval or violation of any state law or city regulation pertinent to use or development of the property.
G.
Violator's Liability for Damages. Any person who violates any provisions or any permit issued under the codes to which the enforcement provisions of this chapter apply shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to violation. The city attorney may bring suit for damages under this section on behalf of the city. Private persons shall have the right to bring suit for damages under this section on their own behalf and on the behalf of all persons similarly situated. If liability has been established for the cost of restoring an area affected by a violation, the court shall make provision to assure that restoration will be accomplished within a reasonable time at the expense of the violator.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.18.040 Investigation and service of notice of violation.
A.
The community development department shall investigate any facts which lead the community development department to reasonably believe that a person, use, or condition is in violation of the codes to which the enforcement provisions of this chapter apply.
B.
Should the administrator be denied access to such property to carry out the purpose and provision of this section, the administrator may apply to any court of competent jurisdiction for a search warrant authorizing access.
1.
The administrator or his/her designee may request the consent to enter property for the purpose of examining property, buildings, premises, records, or other physical evidence, or for conducting tests or taking samples.
2.
The administrator or designee may apply for an administrative search warrant to a court official authorized to issue a criminal search warrant. An administrative search warrant may be issued for the purposes described in subsection (B)(1) of this section. The warrant shall be issued upon probable cause. It is sufficient probable cause to show either of the following:
C.
If after investigation, the administrator determines that any provision of this code has been violated, a notice of correction letter shall be the first attempt at obtaining compliance. If voluntary compliance is not obtained, the administrator shall serve a notice of violation upon the owner and person(s) responsible for the violation. The notice of violation shall state the following:
1.
Description of the activity that is causing a violation;
2.
Each provision violated;
3.
Any civil penalty imposed;
4.
The corrective action, if any, necessary to comply with said provisions;
5.
A reasonable time for compliance according to provisions of this section; and
6.
That continued or subsequent violation may result in enforcement action through a court of competent jurisdiction.
D.
Following a notice of violation, the administrator and person in violation may develop a mutually agreeable compliance plan. The compliance plan shall establish a reasonable and specific time frame for compliance. No further action will be taken if the terms of the compliance plan are met. If no compliance plan is established, enforcement of the violation will proceed.
E.
When calculating a reasonable time for compliance, the administrator shall consider the following criteria:
1.
The type and degree of violations cited in the notice;
2.
The stated intent, if any, of a person responsible to take steps to comply;
3.
Procedural requirements for obtaining a permit to carry out corrective action;
4.
The complexity of corrective action, including seasonal considerations, construction requirements, and the legal rights and responsibilities of landlords and tenants; or
5.
Any other circumstances beyond the control of the party responsible.
F.
If the administrator believes that the requirements of this section are not being met, the administrator shall, in addition to the notice of violation, issue applicable stop work or emergency orders.
G.
The notice of violation, stop work order, or emergency order shall be served upon the owner and person(s) responsible for the violation by personal service, registered mail, or certified mail with return receipt requested, addressed to the last known address of each such person. If after a reasonable search and reasonable efforts are made to obtain service, the whereabouts of the person or persons is still unknown, or service cannot be accomplished and the administrator makes an affidavit to that effect, then service of the notice of violation may be made by:
1.
Publication of the notice once each week for two consecutive weeks in the official newspaper of the city;
2.
Mailing a copy of the notice or order to each person named on the notice or order by first class mail to the last known address if any, if known, or, if unknown, to the address of the property involved in the proceeding; and
3.
Mailing a copy to the taxpayer of record.
H.
A copy of the notice or order shall be posted at a conspicuous place on the premises, unless posting the notice or order is not physically possible.
I.
The administrator may mail or cause to be delivered to all residential and nonresidential units on the premises, or to be posted at a conspicuous place on the premises, a notice which informs each recipient or resident about any notice of violation, stop work order, or emergency order and the applicable requirements and procedures. Notices issued in this manner are sufficient for purposes of due process.
K.
If the scope of the notice is to be expanded or decreased, then a new notice of violation, a stop work order, or an emergency order shall be issued in order to expand or decrease the scope of the notice or order as consistent with the intent of this section and new timelines may be established pursuant to subsection D of this section.
L.
Nothing in this chapter shall be deemed to limit or preclude any civil or criminal action or proceeding available otherwise.
M.
Nothing in this chapter shall be deemed to limit or preclude the administrator from seeking the most appropriate course of action deemed necessary in relationship to the severity of the violation.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.18.050 Stop work order, emergency, and abatement orders.
A.
Stop Work Order. Whenever a continuing violation of this code will materially impair the administrator's ability to secure compliance with this code, or when any person is proceeding in defiance of permit requirements, the administrator may issue a stop work order specifying the violation and prohibiting any work or other activity at the site. The stop work order shall be served on the person(s) responsible pursuant to YMC § 18.18.040 and shall be posted in a conspicuous place on the premises, if posting is reasonable and practical. Failure to comply with a stop work order shall constitute a violation of this chapter.
B.
Emergency Order.
1.
Whenever any use or activity in violation of the codes to which the enforcement provisions of this chapter apply threatens the health or safety of occupants of the premises or any member of the public, the administrator may issue an emergency order directing that the use or activity be discontinued and the condition causing threat to health and safety be corrected. The emergency order shall be served on the person(s) responsible pursuant to YMC § 18.18.040, shall specify the time for compliance, and shall be posted in a conspicuous place on the premises, if posting is physically possible. Failure to comply with an emergency order shall constitute a violation of this chapter.
2.
Any condition described in an emergency order which is not corrected within the time specified in the order is a public nuisance. The administrator is authorized to abate said nuisance summarily by such means as the administrator finds reasonable. The cost of such abatement shall be recovered from the owner or the person responsible or both in any manner provided by law.
(Ord. 995 § 12 (Exh. A), 2015)
§ 18.18.060 Penalties.
A.
Civil Penalties. Any person violating or failing to comply with any of the provisions of the codes to which the enforcement provisions of this chapter apply may be subject to a cumulative civil penalty of up to $250.00 per day for each active occurrence of violation.
B.
Additional Penalties.
1.
In addition to civil and criminal penalties, the administrator may seek injunctive relief to enjoin any acts or practices and abate any nuisance or other condition which constitutes or will constitute a violation of the codes to which the enforcement provisions of this chapter apply when civil penalties are inadequate to affect compliance, or when otherwise appropriate. Owners of real or personal property adversely affected by a violation of the codes to which the enforcement provisions of this chapter apply may also seek injunctive relief.
C.
Appeal of the Issuance of Penalties. Within 30 days after the notice is received, the person incurring a penalty under this section may appeal the determination that a violation occurred or may request remission or mitigation of the penalty. Upon receipt of the application, the hearing examiner shall hold a closed record hearing pursuant to Chapter 18.10 YMC. If the examiner determines that a violation occurred, the penalty may be remitted or mitigated for good cause, upon whatever terms the examiner finds acceptable.
D.
Innocent Purchaser. No application for a building permit or other land use permit for any lot, tract, or parcel of land divided in violation of Chapter 58.17 RCW or this title will be granted without prior approval of the administrator. Approval will only be given if the applicant demonstrates the following:
1.
The property will be connected to the city sanitary sewer system and potable water system;
2.
The community development department has certified that the proposed lot, tract, or parcel of land is served with an adequately designed means of access, and with adequate drainage facilities, none of which interferes with existing or planned public or private road and drainage facilities in the vicinity;
3.
The proposed development will not adversely affect the safety or health of adjacent property owners;
4.
The community development director has certified that the proposed land division and development conform to the policies and directives of the comprehensive plan; and
5.
The applicant did not know, and could not have known by exercising reasonable care in purchasing the land, that the lot, tract, or parcel had been part of a larger lot, tract, or parcel divided in violation of state law or this code. (Correspondence from 2/1/24; Ord. 995 § 12 (Exh. A), 2015).
§ 18.18.070 Unauthorized critical area alterations and enforcement.
A.
When a critical area or its buffer has been altered in violation of this chapter, all ongoing development work shall stop and the critical area shall be restored. The city shall have the authority to issue a stop work order to cease all ongoing development work, and order restoration, rehabilitation, or replacement measures at the owner's or other responsible party's expense to compensate for violation of provisions of this chapter.
B.
Requirement for Restoration Plan. All development work shall remain stopped until a restoration plan is prepared and approved by city. Such a plan shall be prepared by a qualified professional using the best available science and shall describe how the actions proposed meet the minimum performance standards. The administrator shall, at the violator's expense, seek expert advice in determining the adequacy of the plan. Inadequate plans shall be returned to the applicant or violator for revision and resubmittal.
C.
Minimum Performance Standards for Restoration.
1.
For alterations to critical aquifer recharge areas, frequently flooded areas, wetlands, and habitat conservation areas, the following minimum performance standards shall be met for the restoration of a critical area; provided, that if the violator can demonstrate that greater functional and habitat values can be obtained, these standards may be modified:
a.
The historic structural and functional values shall be restored, including water quality and habitat functions;
b.
The historic soil types and configuration shall be replicated;
c.
The critical area and buffers shall be replanted with native vegetation that replicates the vegetation historically found on the site in species types, sizes, and densities. The historic functions and values should be replicated at the location of the alteration; and
d.
Information demonstrating compliance with the requirements for mitigation plans shall be submitted to the administrator.
2.
For alterations to flood and geological hazards, the following minimum performance standards shall be met for the restoration of a critical area; provided, that if the violator can demonstrate that greater safety can be obtained, these standards may be modified:
D.
Site Inspections. The administrator is authorized to make site inspections and take such actions as are necessary to enforce this chapter. The administrator shall present proper credentials and make a reasonable effort to contact any property owner before entering onto private property.
(Ord. 995 § 12 (Exh. A), 2015)