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Ordinance 346251 ORDINANCE NO. 346 YELM ZONING ORDINANCE AN ORDINANCE for the public health, safety, and welfare, in accordance with the provisions of RCW 35.63 and other applicable law, establishing a comprehensive zoning law for the Town of Yelm; directing that the same be codified within Title 17, Yelm Municipal Code; repealing inconsistent provisions of the said Title 17 and of the follow- ing listed ordinances, and of,all ordinances inconsistent herewith: Ordinance No. 6 (1925); Ordinance No. 126 (1971); Ordinance No. 147 (1973); Ordinance No. 150 (1973); Ordinance No. 259 (1982); Ordinance No. 345 (1988); and declaring an effective date. WHEREAS, RCW 35.63 empowers the Town to enact a zoning ordinance and to provide for its administration, enforcement, and amendment; and WHEREAS, the Town Council, after study and recommendations LO by its advisers and after public input deems it necessary to [� fully overhaul and redraft Title 17 YMC; and M WHEREAS, due.consideration has been given, among other things, to the present character, are, history, and logistics and demographics of the area within the corporate limits of the Town; are WHEREAS, due and reasonable consideration has been given, by the Planning Commission, also known as the Yelm Planning Committee, and by the Town Council, to the avoidance of indiscriminate urban growth and development of the Town, and to the avoidance thereby of the disruption of the safety, comfort, and general welfare of the citizens of the Town; to the development and implementation of a Comprehensive Plan; to the lessening of,vehicular and pedestrian congestion, now and in the future; to securing the public safety from fire, panic, and other dangers; to promotion of the general health and welfare; to provi sion of adequate light and air; to prevention of overcrowding of land, and of undue population concentration and problems attendent therewith; to facilitating and providing safe, adequate, and suitable transportation, water, sewerage, schools, parks, and public requirements; to the character of the identified districts of the Town, and their particular suitability for particular uses; to the preservation of buildings and areas of historical value; and WHEREAS, preliminary reporta and drafts have been submitted to tho Council) publio mootinga have been held and public input sought and obtained; and final reports and drafts submitted and considered, after notice and in public regular meetings of the Council; and WHEREAS, all other and further requirements of law preliminary to the adoption hereof have been met; NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE TOWN COUNCIL OF THE TOWN OF YELM, AS FOLLOWS: SECTION 1: STATEMENT OF PURPOSE SECTION 2: SHORT TITLE SECTION 3: INTERPRETATION SECTION 4: CLASSIFICATION, MAPS AND BOUNDARIES SECTION 5: DEFINITIONS SECTION 6: CLASSIFICATIONS SECTION 7: STANDARDS (BY ZONE) SECTION 8: LOCATION OF PORNO /ADULT THEATRES AND BOOK STORES SECTION 9: REPEALER SECTION 10: SEVERABILITY 1 252 SECTION 11: EFFECTIVE DATE SECTION 12: CODIFICATION SECTION 1. STATEMENT OF PURPOSE The purpose of this ordinance is to further policies of the Yelm Comprehensive Plan and under each zone classification and in order health, safety and general welfare, and the Code shall be liberally interpreted to effe the objectives and further stated herein to serve the public provisions of the -t that end. SECTION 2. SHORT TITLE This ordinance shall be known and may be cited as the "Yelm Zoning Ordinance ", and the codification hereof, and of Title 17, YMC, as the "Yelm Zoning Code ". SECTION 3. INTERPRETATION Interpretation: In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this ordinance to interfere with or abrogate or annul any easement, covenant or other agreement between parties. When this ordinance imposes a greater restriction upon the use of buildings or land or upon the height of buildings or requires larger open spaces than are imposed or required by other rules, regulations or by easements, covenants or agreements, the provisions of this ordinance shall control. Provisions Not Affected by Headings: Chapters and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of any section hereof. Tenses: The present tense includes the future and the future the present. Numbers: The singular number includes the plural and the plural the singular. SECTION 4. CLASSIFICATION, MAPS AND BOUNDARIES Purpose: The purpose of classifications in this ordinance is to provide the means of designating uses according to their mutual compatibility and regulating the use of land in a manner which will assist the people of Yelm to maintain the stability of their property values and to assist in providing adequate public facilities most efficiently and economically. It is the intent of this Code to segregate uses only to the extent necessary to attain the above stated objectives. Where performance standards or greater lot area requirements will satisfy these objectives, provision has been made for specific standards applicable to a use or for review by the Planning Committee or Council and the attachment of special conditions and standards. Classifications: In order to accomplish the purpose of this ordinance, zoning classifications are established as follows: REGULAR ZONING CLASSIFICATIONS: The following classifications are designated for purposes of explanation as "regular" classifications in that they are a part of a progression of classification from the least restrictive to the most restrictive: Residential Agricultural RA Residential Single- Family R -1 Residential 253 Multi- Family R -2 Central Business District CBD Commercial C -1 Heavy Commercial C -2 Industrial Zone IZ SPECIAL ZONING CLASSIFICATIONS: The following classifications are designated for purposes of explanation as "special" classifications in that they cannot be related to a progression of zones and are in themselves a restrictive classification: Special Use /Combining District SU Planned Development District PDD Degree of Restrictiveness: The following classifications, listed in order of restrictiveness, constitute a hierarchy of classifications; the uses contained in the less restrictive being also permitted in the more restrictive category subject to certain requirements and (�. conditions applicable to the appropriate zone. For example, a LO zone progression may be traced from RA to IZ as follows: M RA R -1 R -2 CBD C -1 C -2 IZ 0 [o The industrial zone excludes residential uses but permits some Q commercial uses in accordance with Chapter 5. In the RA, R -1 and R -2 classifications, the classification which establishes the lowest population density and requires the highest standards of lot area, yards and open spaces is considered to be the most restrictive and the uses permitted in such classifications are considered to be the highest and most restricted. The R -1 classification and the uses permitted therein are considered to be the highest and most restrictive. As greater population density is permitted by classification, the uses permitted are considered to be heavier and less restrictive. In the RA, R -1 and R -2 classifications, the numeral suffix refers to required minimum lot area in thousands of square feet. In the commercial classifications set forth in this ordinance, the CBD classification and the uses permitted therein are the lightest and most restricted and the commercial classifications become heavier and less restricted in the following sequences: C -1, C -2. Division of Zoning Map: The zoning map may, for convenience, be divided into parts and each such part may,, for purposes of more readily identifying locations within such zoning map, be subdivided into units and such parts and units may be separately employed for identification purposes when adopting or amending the zoning map or for any official reference to the zoning map. Potential Zones: Areas shown upon the zoning map enclosed within a heavily dashed line indicate locations considered to be potentially suitable for uses permitted in the classification indicated by the symbol enclosed within a circle therein and provided such areas are initially designed or redesigned for such uses. The uncircumscribed symbols shown within such areas on the zoning map represent the actual classification of such properties until they are processed as set forth herein. The designation of a potential zone is based upon a recognition of the suitability of the location for the type of uses indicated by the circumscribed symbol and the impracticability or untimeliness of precisely zoning such property for the indicated future types of uses until such lands are designed and planned for such use in detail. Furthermore, the designation will establish consistency with the Comprehensive Plan and Land Use Policies, insure compatibility between development sites, insure 3 254 adequate and safe vehicular controls, the preservation of the environment and site amenities. Such potential zones shall be shown on and be a part of the zoning map and may be adopted or amended in the manner prescribed for amendments. Reclassification of Potentially Zoned Areas: The owner (s) or contract purchaser (s) of an area identified on the zoning map as potentially zoned may initiate a change to the classification indicated by the circumscribed symbol by filing an application for an amendment together with an application for approval in the manner herein prescribed. Subject to any conflicting policy limitations imposed upon a potentially zoned area, the owner (s) or contract purchaser (s) of any portion of a potentially zoned area composed of two or more separate ownerships may make application in the same manner as hereinbefore, set forth for such portion of the potentially zoned area that he owns or is purchasing. In no event shall an optionee, leaseholder or a person, firm or corporation having only such interest in the property, as is conveyed by an earnest money agreement, be considered qualified as an applicant to file an application to implement a potential zone. Hearings for the reclassification property shall be separately noted in the public notice but may be held concurrently and action shall be taken separately. Changes in Boundaries: Changes in the boundaries of the zones shall be made by ordinance adopting an amended zoning map or part of said map or unit of a part of said zoning map, which said amended maps or parts or units of parts, when so adopted shall become a part of this ordinance. Uncertainty of Boundaries: Where uncertainty exists as to the boundaries of any zone shown upon the zoning map or any part of a unit thereof, the following rules shall apply: (a) Where such boundaries are indicated, as approx- imately following street lines or lot lines, such lines shall be construed to be such boundaries. (b) In unsubdivided property and where a zone boundary divides a lot, the location of such bound- aries, unless the same is indicated by dimensions, shall be determined be use of the scale appearing on such zoning map. (c) Where property abuts a lake, river or body of water, the land use classification extends to the inner harbor line and in areas where no harbor line has been defined, to a line which the Army Engineers would define as a line of navigability. (d) In any case uncertainty exists, the Planning Committee shall recommend and the Town Council shall determine the location of boundaries. (e) Where a public street is officially vacated or abandoned, the regulations applicable to abutting property shall apply to such vacated or abandoned street. Limitation of Land Use: The boundaries of such zones, as are shown upon any zoning map adopted by this ordinance or amendments thereto, are hereby adopted and approved and the regulations of this ordinance governing the uses of land, buildings and structures, the height of buildings and structures and other matters as herein set forth are hereby established and declared to be in effect upon all land included within the boundaries of each and every zone shown upon each zoning map, except as hereinafter provided. M LO co Q 255 (a) No building or structure shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land, building, structure or premises be used for any purpose or in any manner other than a use listed in this ordinance or amendments thereto as permitted in the zone in which such land, building, structure or premises is located. (b) No building or structure shall be erected nor shall any existing building or structure be moved, re- constructed or structurally altered to exceed in height the limit established by this ordinance or amendments thereto for the zone in which such building or struct- ure is located. (c) No building or structure shall be erected nor shall any building or structure be moved, altered, enlarged or rebuilt, nor shall any open spaces surrounding any building or structure be encroached upon or reduced in any manner, except in conformity with the building site requirements and the area and the yard regulations established by this ordinance or amendments thereto for the zone in which such build- ing or structure is located. (d) No yard or other open spaces provided abut any building or structure for the purpose of complying with the regulations of this ordinance or amendments thereto shall be considered as providing a yard or open space for any other building or structure. SECTION 5. DEFINITIONS "Accessory living quarter" means living quarters within an accessory building for the sole use of the family or of persons employed on the premises or for the temporary use of guests of the occupants of the premises. Such quarters shall not be rented or otherwise used as a separate dwelling unit. The term accessory living quarters includes "guest house ". "Accessory use or building" A subordinate use or building customarily incidental to, and located upon the same lot occupied by the main use or building. "Alley" means a public right -of -way which affords a secondary means of access to abutting property, not less than 10' nor exceeding 20' wide. "Amendment" means a change -in the wording context or substance of this ordinance or a change in the zone boundaries upon the zoning map adopted hereunder. "Animal, Small" means any domestic animal other than livestock. "Apartment House" A building or portion thereof used or intended to be used as the home of three or more families or householders living independently of each other. "Article" means an article of this ordinance unless some other code, resolution, ordinance or statute is mentioned. "Antiques" shall mean and include works of art, pieces of furniture or decorative objects made at an earlier period. "Antique Shop" shall mean to include, but not be limited to, a retail establishment involved in the selling of antiques. "Automobile Repair, Major" means the rebuilding or reconditioning of motor vehicles or trailers including trucks over one and one -half tons capacity, collision service, including body, frame or fender straightening or repair, overall painting or paint shop. "Automobile Repair, Minor" means a general motor repair, replacement of new or reconditioned parts to passenger 5 256 automobiles and trucks not exceeding one and one -half tons capacity, but not including any operations specified under "Automobile Repair, Major ". "Basement" As defined and adopted by the Uniform Building Code. "Block" means all property abutting upon one side of a street between intersecting and intercepting streets or between a street and a railroad right -of -way, waterway, terminus or dead -end street or city boundary. An intercepting street shall determine only the boundary of the block of the side of the street which it intercepts. "Building" means any structure which is built for the support, shelter or enclosure of persons, animals, chattels or moveable property of any kind and which is permanently affixed to the land. All forms of vehicles, even though immobilized are excluded from this definition. "Building, Accessory" See Accessory. "Building Completely Enclosed: is a building separated on all sides from the adjacent open space or from other buildings or other structures by a permanent roof and by exterior walls, pierced by windows and normal entrance or exit doors. "Building Department" means the Building Division of the Town of Yelm. "Building Detached" means a building surrounded by open space on the same lot. "Building Height" as defined and adopted by the Uniform Building Code. "Building Official" as defined and adopted by the Uniform Building Code. "Building, Principal" means the building or structure on a lot or building site designed or used to accommodate the primary use to which 'the premises are devoted, where a permissible use involves more than one building or structure designed or used for primary purposes, as in the case of group houses, each such permissible building or other structure on a lot or building site as defined by this ordinance shall be construed as comprising a principal building. "Building Site" means the ground area devoted to a main building and its' accessory buildings or to a group of main buildings and their accessory buildings, together with all yards and open spaces required by this ordinance, whether the area so devoted is comprised of one (1) lot, a combination of lots, a combination of lots and fraction of lots or a piece of unsubdivided land identified by a lot split as provided in the subdivision ordinance. "Business or Commerce" means the purchase, sale or other transaction involving the handling or disposition of any article, service, substance or commodity for livelihood or profit, or the management of office buildings, offices, recreational or amusement enterprises, or the maintenance and use of buildings, offices, structures and premises by professions and trade -rend- ering services. "Carport" as defined and adopted by the Uniform Building Code. "Children's Home" means an establishment consisting of one (1) or more buildings organized and maintained for the group care and supervision of seven (7) or more children, but not including hospitals. N 257 "Church" means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and including accessory uses in the main building or in separate buildings including religious educational classrooms, assembly rooms, kitchen, library room or reading room, recreation hall and a rectory dwelling unit, but excluding daycare nurseries and facilities for residence or for training of religious orders. "Classification" means a use category in the broad list of land uses in which categorize certain uses, either individually or as to type, are identified as possessing similar characteristics or performance standards and are permitted as compatible uses in the same zone or classification. A classification, as the term is employed in this ordinance, includes provisions, conditions and requirements related to the permissible location of permitted uses. "Council" means the Town Council of the Town of Yelm. "Convalescent Home" see Rest Homes. "Curb Level" for any building is the level of the established curb in front of such building measured at the center of such front. Where no curb elevation has been established, the mean elevation of the finished lot grade immediately adjacent to a building shall be considered the "curb level ". "Dairy" means any premises where three (3) or more cows, three (3) or more goats or any combination thereof are kept, milked or maintained. "Dangerous Waste" means any discarded, useless, unwanted or abandoned substances, including but not limited to, certain pesticides, or any residues or containers of such substances which are disposed of in such quantity or concentration as to pose a substantial present or potential hazard to human health, wildlife, or the environment because such wastes or constituents or combinations of such wastes: a) Have short- lived, toxic properties that may cause death, injury, illness or have mutagenic, teratogenic, or carcinogenic properties; or b) Are corrosive, explosive, flammable, or may generate pressure through decomposition or other means. "Day Nursery" means any type of group day child care program, including nurseries for children of working mothers, nursery schools for children under minimum age for education in public schools, privately conducted kindergarten when not a part of a 7 "Clinic" means a building or portion of a building containing offices for providing medical, dental, psychiatric or chiropractic services for outpatients only. LO LO "Committee" means the Town of Yelm Planning Committee. 0 "Conditional Use" means a use permitted on one or more zones as CO defined by this ordinance, but which because of characteristics Q peculiar to each such use or because of size, technological processes or equipment or because of the exact location which reference to surroundings, streets and existing improvements or demands upon public facilities, requires a special degree of control to make such uses consistent with and compatible to other existing or permissible uses in the same zone or zones. "Conditional Use Permit" means the documented evidence of authority granted by the Yelm Town Council to locate a condition- al use at a particular location. "Corporate Limits" Those certain corporate limits of the Town of Yelm existing as of the effective date of this'ordinance, unless otherwise provided by specific reference to a different date. "Council" means the Town Council of the Town of Yelm. "Convalescent Home" see Rest Homes. "Curb Level" for any building is the level of the established curb in front of such building measured at the center of such front. Where no curb elevation has been established, the mean elevation of the finished lot grade immediately adjacent to a building shall be considered the "curb level ". "Dairy" means any premises where three (3) or more cows, three (3) or more goats or any combination thereof are kept, milked or maintained. "Dangerous Waste" means any discarded, useless, unwanted or abandoned substances, including but not limited to, certain pesticides, or any residues or containers of such substances which are disposed of in such quantity or concentration as to pose a substantial present or potential hazard to human health, wildlife, or the environment because such wastes or constituents or combinations of such wastes: a) Have short- lived, toxic properties that may cause death, injury, illness or have mutagenic, teratogenic, or carcinogenic properties; or b) Are corrosive, explosive, flammable, or may generate pressure through decomposition or other means. "Day Nursery" means any type of group day child care program, including nurseries for children of working mothers, nursery schools for children under minimum age for education in public schools, privately conducted kindergarten when not a part of a 7 258 public or parochial school, parent cooperative nursery schools, play groups for preschool children, programs covering after - school care for school children, provided any such establish- ment is approved by the State and /or Town and conducted in accordance with State requirements. "Dump" means an open area devoted to the disposal of refuse, including incineration, reduction or dumping of ashes, garbage, combustible or noncombustible, but not including transfer stations. "Duplex" as defined and adopted by the Uniform Building Code. "Dwelling" as defined and adopted by the Uniform Building Code. "Dwelling Unit" as defined and adopted by the Uniform Building Code. "Educational Institution" includes elementary, junior high, high school, junior colleges, colleges or universities or other schools giving general academic instruction in the several branches of learning and study required to be taught in the State of Washington. "Erected" means the construction of any building or structure or the structural alteration of a building or structure, the result of which would be to change the exterior walls or roof or to increase the square foot floor area of the interior of the building or structure. "Establishment, Business or Commercial" means a place of business carrying on operations, the ownership and manage- ment of which are separate and distinct from those of any other place of business located on the same zoning lot and where direct access to each "business or commercial establishment" is separate and distinct from direct access to any other business or commercial establishment. "Established Grade" The curb line grade at the front lot line as established by the Town Council. "Excavation" shall mean the mechanical removal of minerals or topsoil. "Extremely Hazardous Waste" means any dangerous waste which: a) will persist in a hazardous form for several years or more at a disposal site and which in its persistent form: 1) presents a significant environmental hazard and may be concentrated by living organisms through a food chain or may affect the genetic make -up of man or wildlife, and 2) is highly toxic to man or wildlife. b) is disposed of at a disposal site in such quantities as would present an extreme hazard to man or the environment. "Family" means an individual or two (2) or more persons related by blood or marriage or a group of not more than five (5) persons who are not related by blood or marriage, excluding servants, living together in a dwelling unit. "Fence" means a masonry wall or a barrier composed of posts connected by boards, rails, panels or wire for the purpose of enclosing space or separating parcels of land. The term "fence" does not include retaining wall. "Flea Market" shall mean and include, but not limited to, arrangements whereby a person or persons sell, lease, rent, offer or donate to one (1) or more persons a place or area where such persons may offer or display secondhand or junk items. This term shall include, but not be limited to, swap meets. 0 259 "Floor Area" as defined and adopted by the Uniform Building Code. "Foster Family Day Care Home" means a residence licensed by authorized public authorities, to be used to care for not more than six (6) children by the day with or without compensation. A foster family day care home may be considered to include a day nursery conducted on a half -day basis, when such home is licensed by authorized public authorities, provided, the number of children cared for at any time shall not exceed six (6). "Foster Home, Twenty -four Hour Care" means a dwelling occupied by who, for compensation or otherwise, accepts and cares for not more than six (6) children as full -time residence as a part of the family as defined herein and which children are assigned by authorized public authorities. "Garage, Private" as defined and adopted by the Uniform Building Code. "Garage, Public" as defined and adopted by the Uniform Building LO Code. LO "Garage, Repair" as defined and adopted by the Uniform Building 0 Code. co "Grade, Lot" as defined and adopted by the Uniform Building Code. Grade, Sidewalk" established by Yelm Public Works. "Grading" shall mean any excavating or filling or combination thereof. "Groundcover" means low growing vegetative materials with a mound or spreading manner or growth that provides solid cover within two (2) years after planning, i.e. sod or seed lawn, ivy, junipers, cottoneaster, etc. or other methods approved by Yelm Planning Department. "Guest House" see Accessory Living Quarters. "Hazardous Waste" means all dangerous and extremely hazardous waste, including substances composed of radioactive and hazardous components. "Home for the Retired" means any establishment operated for the purpose of providing domiciliary care for a group of persons who, by reason of age, are unable to provide such care for themselves and who are not in need of medical or nursing treatment except in the case of temporary illness. "Home Occupation" means an occupation of a profession is carried on in the home, as defined in Title 5, YMC. "Hospital" means an institution specializing in giving clinical, temporary and emergency services of a medical or surgical nature to human patients and licensed by the State of Washington to provide the facilities and services in surgery, obstetrics and general medical practice, as distinguished from treatment of mental and nervous disorders, drug addition and alcoholics, but not excluding surgical and postsurgical treatment of mental cases. "Hospital, Mental" (including hospital for treatment of drug addition and alcoholism) means an institution licensed by agencies of the State of Washington under provisions of law to offer facilities, care and treatment for cases of mental and nervous disorders, drug addition and alcoholism. Establishments limiting services to juveniles below the age of five (5) years and establishments housing and caring for cases of cerebral palsy are specifically excluded from this definition. 9 260 "Hospital, Animal" means an establishment in which veterinary services and temporary boarding incidental thereto are rendered, but not including kennels. "Hospital, Pet" an animal hospital restricted to domesticated animals other than livestock, where veterinary services and temporary boarding incidental thereto are rendered, but not Including kennels. "Hotel" as defined and adopted by the Uniform Building Code. "I.C.B.O." International Conference of Building Officials. "Junk and /or Salvage Yard" means an open area where waste or scrap materials are bought, sold, exchanged, stored, bailed, packaged, disassembled or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, bottles and such other worn out or discarded material and odds and ends as can be turned into some use but which cannot be used again for the purpose for which they were originally intended. "Kennel" as defined within Title 6 & Title 9, YMC and as addressed and defined in other zones. "Kitchen" means any room or rooms or portion of a room or rooms, used, intended or designed to be used for cooking or the prepar- ation of food. "Livestock" as defined within Title 6, Yelm Municipal Code. "Lot" is a platted or unplatted parcel of land unoccupied, occupied or to be occupied by a principal use or building and accessory buildings, together with such yards and open spaces as are required by this ordinance. "Lot, Area" is the land space contained within the various lines forming the perimeter boundary of any described lot, tract or parcel of land. "Lot, Corner" means a lot situated at the intersection of two (2) streets or roads. "Lot, Depth" means the horizontal distance between the front lot line and the,rear lot line. "Lot, Transitional" means a residentially classified lot, a side line of which forms a common boundary with contiguous property classified for either a higher density residential use or commercial or industrial uses. "Lot of Record" means an area of land designated as a lot on the plat or subdivision recorded or registered pursuant to statute with the Auditor of Thurston County. "Medical /Dental Clinic" means a building or group of buildings for the use of and occupancy by physicians and dentists and for others engaged professionally in such healing arts for humans as are recognized by the laws of the State of Washington and including the installation and use of therapeutic equipment, x- ray equipment or laboratories, chemical, biochemical and biological laboratories used as direct accessorites to the medical /dental professions; dental laboratories including facilities for the making of denture on prescription; pharmacies limited to the retail dispensing of pharmaceuticals and sick room supplies. "Minerals" shall mean coal, clay, stone, rock, sand, gravel, metallic, ore, peat, black soils and any other similar solid material or substance excavated or otherwise removed from natural deposits on or in the earth. 10 261 "Mini- Warehouse" is a facility consisting of separate storage units which are rented to customers having exclusive and independent access to their respective units for storage or residential or commercial oriented goods. "Mobile /Manufactured Park and /or Subdivision" see Chapter 17.42, YMC. "Motel" as defined and adopted by the Uniform Building Code. "Motorhome, Travel Trailer" shall be all vehicles,, self - propelled or propelled by another vehicle, designed primarily for touring with or without living and /or sleeping quarters on board. "Multi - family structure" means two (2) or more dwellings in one (1) or more structures as defined and adopted by the Uniform Building Code. "Non- Conforming Building or Structure" means any building or structure which: (1) Does not comply with all of the regulations of this ordinance or of any amendment hereto governing bulk for the zone in which such building, or structure is located, or (2) was designed for a use which is now non- conforming. "Non- Conforming Use" see Use, Non - Conforming. "Noxious Matter" means material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well- being of individuals. " Offsite Treatment and Storage Facility" means a facility that treats or stores hazardous wastes or special incinerator ash generated on properties other than the property on which the offsite facility is located. For further discussion refer to the current edition of "Zoning Guidelines for Hazardous Waste Treatment and Storage Facilities ", prepared by the Solid and Hazardous Waste Program of the State Department of Ecology. "Onsite Treatment and Storage Facility" means a facility that treats or stores hazardous wastes generated on the same property. For further discussion refer to the current edition of "Zoning Guidelines for Hazardous Waste Treatment and Storage Facilities ", prepared by the Solid and Hazardous Waste Program of the State Department of Ecology. "Parking Area" means an area accessible to vehicles and that such area is provided, improved, maintained and used for the sole purpose of accommodating a motor vehicle. "Parking Area, Private" means an open space other than a street, alley or other public property limited to the parking of automobile of occupants of a dwelling, hotel, motel, apartment hotel, apartment house, boarding house or lodging house to which these facilities are appurtenant. 11 "Motor Vehicle Wrecker" means every person, firm partnership, association or corporation engaged in the business of buying, selling or dealing in vehicles of a type required to be licensed under the laws of the State of Washington for the purpose of wrecking, dismantling, disassembling or essentially changing the form of any vehicle. "Motor Vehicle Wrecking" means any dismantling or wrecking of (O motor vehicles or trailers, wrecked vehicles or their parts. 0 CO "Motor Vehicle Wrecking Yard" means any premises devoted to motor vehicle, trailer wrecking or storage as the term is defined Q herein. "Multi - family structure" means two (2) or more dwellings in one (1) or more structures as defined and adopted by the Uniform Building Code. "Non- Conforming Building or Structure" means any building or structure which: (1) Does not comply with all of the regulations of this ordinance or of any amendment hereto governing bulk for the zone in which such building, or structure is located, or (2) was designed for a use which is now non- conforming. "Non- Conforming Use" see Use, Non - Conforming. "Noxious Matter" means material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well- being of individuals. " Offsite Treatment and Storage Facility" means a facility that treats or stores hazardous wastes or special incinerator ash generated on properties other than the property on which the offsite facility is located. For further discussion refer to the current edition of "Zoning Guidelines for Hazardous Waste Treatment and Storage Facilities ", prepared by the Solid and Hazardous Waste Program of the State Department of Ecology. "Onsite Treatment and Storage Facility" means a facility that treats or stores hazardous wastes generated on the same property. For further discussion refer to the current edition of "Zoning Guidelines for Hazardous Waste Treatment and Storage Facilities ", prepared by the Solid and Hazardous Waste Program of the State Department of Ecology. "Parking Area" means an area accessible to vehicles and that such area is provided, improved, maintained and used for the sole purpose of accommodating a motor vehicle. "Parking Area, Private" means an open space other than a street, alley or other public property limited to the parking of automobile of occupants of a dwelling, hotel, motel, apartment hotel, apartment house, boarding house or lodging house to which these facilities are appurtenant. 11 262 "Parking Area, Public" means an open area other than a street, alley or private parking area as defined herein, whether privately or publicly owned, which area is used for the parking of more than three (3) operational automobiles. "Person" means and includes an individual, firm, co- partnership, association or corporation. "Pet Shop" means an establishment dealing in buying and selling small animals and birds, provided no boarding or veterinarian services are rendered except bathing and clipping of dogs and cats. "Planned Development District" is a development built under those provisions of this ordinance which permit departures from the conventional siting, setback and density requirements of other sections of this ordinance in the interest of achieving superior site development, creating open space and encouraging imaginative design besides permitting design flexibility and /or implement potential zones. "Planning Commission" group of individuals elected by the Yelm Town Council. "Planning Committee" group of individuals appointed by the Yelm Town Council. "Primary Highway" means all state primary and secondary highways and all county or city major and minor arterials so designated by county, city or state authorities. "Professional Offices" means offices maintained and used as a place of business conducted by persons engaged in recognized professions and others whose business activity consists primarily of services to the person as distinguished from the handling of commodities. "Public Utility" means a private corporation performing a public service and subject to special governmental regulations or a governmental agency performing a similar public service, the service by either of which are paid for directly by individual recipients. Such services shall include, but are not limited to, water supply, electric power, gas and transportation of persons and freight. "Public Works" as defined by the Yelm Town Council. "Railroad Right -of -Way" is a strip of land with tracks and auxiliary facilities for track operations but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops or car yards. "Reclassification of Property" means a change in zone boundaries upon the zoning map, which map is a part of this ordinance when adopted in the manner prescribed by law. "Reclassification of Use" means the assignment by amendment of this ordinance of a particular use to a different use classification than that in which the use was originally permitted. "Recorded" means, unless otherwise stated, filed for record with the Auditor of Thurston County. "Recreational Area, Commercial" means an area operated for profit and devoted to facilities and equipment for recreational purposes, including swimming pools, tennis courts, playgrounds and other similarly uses, whether the use of such area is limited to private membership or whether open to the public upon the payment of fee. 12 "Recycle Center, Breakdown" facility established for bre material. "Recycle Center, Collection" the collection of recyclable structure or outside storage 263 means, but is not limited to, a akdown and reprocessing of recyclable means a facility which is used for material within an enclosed area. "Recyclable Material" means, but shall not be limited to, those materials such as glass, paper and certain metals which are suitable for breakdown and refuse. "Residence" means a building, structure, site built or manufactured or portion thereof which is designed for and used to provide a place of abode for human beings, but shall not include hotels or motels, except for managers quarters. "Restaurant" means an establishment providing a fully enclosed building in which all meals and food are prepared primarily for service to customers for consumption while seated at table or counters within the building and where any takeout service is entirely incidental. "Restaurant, Drive -In (car service)" means an establishment which includes, as any portion of its business, the service of food or drink directly to customers seated in their motor vehicles. "Restaurant, Drive -In (self- service)" means an establishment where food and drink are served to customers from a counter or order window either inside or outside the building for consumption either on or off the premises. "Retaining Wall" means any wall used to resist the lateral displacement of any material. "Sanitarium" means a health station or retreat or other place where resident patients are kept and which specialized in giving clinical, temporary and emergency services of a medical or surgical nature to patients and injured persons and licensed by the State of Washington agencies under provisions of law to provide facilities and services in surgery, obstetrics and general medical practice as distinguished from treatment of mental and nervous disorders and alcoholics, but not excluding surgical and postsurgical treatment of mental cases. "Secondhand Stores" means to include, but not be limited to, a retail establishment which is involved in the selling of any or all secondhand goods or items of personal property which can be used again for the purpose of which they were originally intended. No outside storage shall be permitted in the operation thereof. "Service Station" means an occupancy which provides for the servicing of motor vehicles and operations incidental thereto, not including automobile repair. 13 "Rest Home, Convalescent Home, Guest Home or Home for the Aged" means a home operated similarly to a boarding house but not restricted to any number of guests or guests rooms and the operator of which is licensed by the State of Washington, Thurston County to give special care and supervision to his or LO her charges and in which nursing, dietary and other personal services are furnished to convalescents, invalids and aged 0 persons, but in which homes are kept no persons suffering from a M mental sickness, mental disease, disorder or ailment or from a contagious or communicable disease and in which homes are performed no surgery, maternity or other primary treatment such as are customarily provided in sanitariums or hospitals and in which no persons are kept or served who normally would be admittable to a mental hospital. "Restaurant" means an establishment providing a fully enclosed building in which all meals and food are prepared primarily for service to customers for consumption while seated at table or counters within the building and where any takeout service is entirely incidental. "Restaurant, Drive -In (car service)" means an establishment which includes, as any portion of its business, the service of food or drink directly to customers seated in their motor vehicles. "Restaurant, Drive -In (self- service)" means an establishment where food and drink are served to customers from a counter or order window either inside or outside the building for consumption either on or off the premises. "Retaining Wall" means any wall used to resist the lateral displacement of any material. "Sanitarium" means a health station or retreat or other place where resident patients are kept and which specialized in giving clinical, temporary and emergency services of a medical or surgical nature to patients and injured persons and licensed by the State of Washington agencies under provisions of law to provide facilities and services in surgery, obstetrics and general medical practice as distinguished from treatment of mental and nervous disorders and alcoholics, but not excluding surgical and postsurgical treatment of mental cases. "Secondhand Stores" means to include, but not be limited to, a retail establishment which is involved in the selling of any or all secondhand goods or items of personal property which can be used again for the purpose of which they were originally intended. No outside storage shall be permitted in the operation thereof. "Service Station" means an occupancy which provides for the servicing of motor vehicles and operations incidental thereto, not including automobile repair. 13 264 "Sign" see Chapter 15.24 YMC. "Single - Family Dwelling" a building arranged or designed to be occupied by not more than one family. "Site Coverage" means that portion of a lot covered by buildings, structures or any impervious surface. "Special Incinertor Ash" means ash residues resulting from the operation of incinertor or energy recovery facilities managing municipal solid waste, including solid waste from residential, commercial, and industrial establishments, if the ash residues: a) would otherwise be regulated as hazardous wastes under RCW 70.105; and b) are not regulated as a hazardous waste under the federal Resource Conservation and Recovery Act (RCRA), 42 U.S.C. Sec. 6910 et. seq. "Special Use" means a use possessing characteristics of such unique and special form as to make impractical its being made automatically and consistently permissible in any defined classification or zone as set forth in this ordinance. "Special Use /Combining District" means'a limiting authority granted by the Town and the documented evidence thereof to locate an unclassified use at a particular location and which limiting authority is required to modify the controls stipulated in this ordinance. "Soil" means the surface layer of earth supporting plant life. "Stand" means a structure for the display and sale of goods. "Story" as defined and adopted by the Uniform Building Code. "Story, First" as defined and adopted by the Uniform Building Code. "Street" means a public or recorded private thoroughfare which affords primary means of access to abutting property (not alley). "Street, Right -of -Way Line" means the boundary line between a street and the abutting property, which may include walks, landscaping and utility easements. "Structure" as defined and adopted by the Uniform Building Code. "Structural Alterations" means any changes, additions, or modifications in construction. "Surface Mining" shall mean the primary use of a tract of land whereby all or part of any part of the processes are employed of excavating or extracting minerals from natural deposits on or in the earth for natural deposits on or in the earth for immediate or eventual removal from the tract being mined in either a natural or processed form in aggregate quantities or more than ten thousand (10,000) tons within a period of twelve (12) consecutive calendar months for commercial, industrial or construction purposes. In the event the removal of minerals occurs concurrently on two (2) or more non - contiguous tracts of land with one -half (1/2) mile of each other, the total quantity that may be removed for said two (2) or more tracts by the same firm, corporation, partnership or by any other agreement, shall be limited to ten thousand (10,000) ton limitation. Removal of more than ten thousand (10,000) tons from said two (2) or more non - contiguous tracts within twelve (12) consecutive calendar months shall require a surface mining permit. "Surface mining" shall also include borrow pits and prospecting and exploration activities as defined in RCW 78.44. Surface mining shall be construed to be the principal use of a tract of land so long as any of the total activity is taking place. Surface mining shall not include site preparation unless more than ten thousand 14 265 (10,000) tons of minerals or soils are removed from the tract of land being prepared for development within a period of twelve (12) consecutive calendar months for any purpose, provided in lieu of a surface mining permit an acceptable performance bond may be filed for the purpose of reclamation. This performance shall be a safety bond executed in the favor of the Town of Yelm. The bond shall be filed and maintained in an amount equal to three hundred (300) dollars per acre for the purpose of reclamation in the event site preparation is not properly complete and approved. Liability under the bond shall be maintained until the project is complete and accepted by the Town of Yelm. "Toxic Materials" means those materials which are capable of causing injury to living organisms by chemical means when present in relatively small amounts. "Tract" means any parcel of land, lot, building site or contiguous combination thereof devoted to or intended to be devoted to a principal use and any other use customarily accessory thereto. "Trailer, Automobile Commercial" means a vehicle without motor power designed to be drawn by a motor vehicle and which trailer ❑ is used or is to be used for carrying goods and property. Q "Trailer -Mix Concrete Plant" means a plant which is accessory to a nursery, a retail hardware store or a tool rental establish- ment and which has not more than six (6) trailers, none of which are a U -haul type and none of which has a greater capacity than one (1) yard. "Trailer House" see "Motor Home ". "Trailer Park, Trailer Court, Mobile Home Park and Recreational and Vehicle Park" see Chapter 17.42 YMC. "Use" means the purpose or activity for which the land or building thereon is designed, arranged or intended or for which it is occupied or maintained and shall include any manner of performance of such activity with respect to the performance standards of this ordinance. "Use, Non - Conforming" means a lawful use of land or structure in existence on the effective date of this ordinance or at the time of any amendments thereto and which does not conform to the use regulations of the zone in which such use is located. "Use, Principal" means the main use of the land or buildings as distinguished from a subordinate or accessory use. "Use or Structure, Accessory" means a use customarily incidental to a permitted principal use when located whether in the same building or in a separate building located on the same lot. "Yard, Front" an open, unoccupied space in the same lot with a building, between the front line of the building (exclusive of steps) and the front property line. "Yard, Rear" an open unoccupied space on the same lot with a building, between the rear line of the building (exclusive of steps and porches) and the rear line of the lot. "Yard, Side" an open, unoccupied space on the same lot with a building, between the side wall line of the building and the side line of the same lot. "Variance" means that an adjustment is made in the application of the specific regulations of this ordinance to a particular piece of property, which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone and which adjustment remedies disparity in privileges. 15 i 1 "Warehouse" means a facility generally dealing with the active reception and dispersal of goods that are oriented to manufactured products and household goods. A warehouse usually consists of ,a large, single or multi- storied building with loading docks. "Zone" means an area accurately defined as to boundaries and location and classified by the Zoning Code as available for certain types of uses and within which other types of uses are excluded. "Zone Change of Area -Wide Applicability" means the adoption of or amendment to the official zoning map initiated by the Planning Committee and /or Town Council to implement the Comprehensive Land Use Plan or amendment thereto; an official control having wide applicability, such as to the Town as a whole. "Zone Change of Non -Area -Wide Applicability" means an amendment to the official zoning map initiated by one (1) or more property owners having limited effect. Also referred to as parcel rezones. Unlisted Words and not listed in this administering this following sources Said sources shall from source number then source number follows: Phrases: The definition of any word or phrase ordinance which is in question when ordinance shall be as defined from one of the which are incorporated herein by reference. be utilized by finding the desired definition one (1), but if it is not available there, two (2) may be used and so on. Sources are as 1. Any Town resolution, code or regulation, either adopted by reference or written in its' entirety. 2. Any statute or regulation of the State of Wash- ington (i.e. the most applicable). 3. Legal definitions from case law or a law diction- ary. 4. The common dictionary. SECTION 6. CLASSIFICATIONS RESIDENTIAL AGRICULTURE ZONE - RA Purpose: In furtherance of the Comprehensive Plan, this zone is intended to provide for areas where lower population densities make possible a greater use of the land for agricultural and related activities. This zone is intended to provide an appropriate interim use for underdeveloped suburban areas of the Town which lie in the path of projected urban development, but which are to be reserved at this time. Permitted Uses: The following uses only are permitted as hereinafter specifically provided and allowed by this chapter, subject to the off - street parking requirements set forth in Chapter 17.38 YMC and the general provisions and exceptions set forth. 1) Uses Permitted Outright: (a) All uses permitted outright or by conditional permit in the R -1 classification, subject to the least restrictive applicable standards and conditions set forth. (b) Agricultural crops (c) Dairying (d) Horticultural nurseries (e) The raising, slaughtering and dressing of livestock, poultry and small animals (raised on premises) for commercial purposes, provided that no building, cage or pen housing or feeding such animals shall be located closer than forty- -five (45) feet to any boundary property line. (f) Marketing of products on premises, provided: 16 (1) only one (1) stand to be used for such is permitted on the premises. (2) such stand shall contain not more than hundred (300) square feet of floor area. (3) such stand shall not be located in any yard or open space on the premises. (g) Pasture and grazing, but not including feed (h) Animal hospitals and clinics 267 purposes three required lots (i) Signs permitted in R -1 zone; also, business signs advertise agricultural products raised and sold on the premises only, provided that such business signs be not greater than sixteen (16) square feet in area nor more fifteen (15) feet in height and non - flashing. (j) Planned unit development (k) Similar uses as determined by the Town Council which than 2) Uses Permitted Subject to the Granting of a Conditional Use Permit: (a) Kennels, provided the buildings housing such use and the (� animal runs shall not be closer than one- hundred (100) feet Ln to any boundary property line of the premises, nor closer LO than forty-five (45) feet to any building containing a Q dwelling unit or accessory living quarters on the same premises. Public notice to adjacent property owners M shall be mandatory 30 days prior to granting of a Q Conditional Use Permit. (b) Horticultural nurseries with retail facilities exceed- ing those permitted by Section 1, subsection (1)f or with substantial investments in landscape offices or with heavy equipment. (c) Trailer Parks 3) Standards. See Section 7. SINGLE FAMILY RESIDENTIAL - R -1 Purpose: This zone is intended to be a low density residential area protected as to its residential quality, values and amenities so as to conform to the system of services available and to provide for such community facilities as will enhance the residential quality of the area. Permitted Uses: In an R -1 zone, the following uses only are permitted and as hereinafter specifically provided and allowed by this chapter, subject to the off - street parking requirements set forth in Chapter 17.38 YMC and the general provisions and exceptions set forth in this ordinance. 1) Uses Permitted Outright: (a) Single family dwellings (b) Duplexes (c) Churches with 250 seating capacity or less, provided: (1) All buildings and structures on the site shall not cover more than forty percent (40 %) of the area of the site. (2) The depth of the required front yard shall be the same as that required for the area zone in which the site is located as identified on the zoning map. (3) Buildings and structures on the site shall not be closer thirty (30) feet to any property line which is a common property line with Commercial or Industrial zoned property, except that a detached one - family dwelling on such site need conform only to the yard requirements and required distance between buildings prescribed by the area zone in which the site is located. (4) The height limit of the area zone in which the 17 Mi site is located shall apply, except that the height shall be measured to the mean height of the roof. (5) On interior lots, the required site yard may be used to provide off - street parking areas and on corner lots, the interior side yards may be similarly uses. Under no circumstances may the required front yard or the side yard on the side street be used for off - street parking. (6) Where areas devoted to off - street parking are contiguous to residential zoned property, then on the property line common with such residentially zoned property, there shall be erected and maintain- ed a solid wall or view - obscuring fence or hedge not less than five (5) feet nor more than six (6) feet in height. Such wall or fence may be built progress- ively as the parking facilities are installed. (7) All lights provided to illuminate any parking area or building on such site shall be so arranged as to direct the light away from any adjoining premises. (8) The following signs only are permitted: (a) A detached sign having dimensions totalling not more than twenty (20), feet and on which both faces may be utilized, such sign being securely mounted on the ground on supports and the top of which sign shall be not be more than six (6) feet above the natural level of the ground upon which it rests. On corner and reverse corner lots, one such sign may be placed facing the street. (d) Public utility facilities related directly to the dist- ribution of services, but not including offices, warehouses, storage or service yards or the like, provided: (1) Any equipment or structure shall observe a dis- tance or structure of twenty (20) feet from any property line that is a common property line with "R" classified property. (2) All equipment and structures shall be completely enclosed by a chain line fence not less than six (6) feet in height and the area outside of such fence shall be landscaped consistent with surrounding residential standards. (e) Schools; elementary, junior high and high school (public or parochial) provided the following conditions are conformed to: (1) Any building or structure on the site shall main- tain all yards required in the area zone in which the site is located as identified on the zoning map. (2) All buildings and structures shall maintain a distance not less than thirty (30) feet from any common property line with "R" zoned property. (i) Accessory uses: (1) Greenhouses, private and noncommercial for propagation and culture only, with no sales from the premises. (2) Guest house, as an accessory living quarter on lots not less than 20,000 square feet in area, provided that such guest house shall not exceed one thousand (1000) square feet in area. (3) Fallout shelters (4) Swimming pools and other recreational facilities for the sole use of occupants of premises and their guests. (5) Home occupations, subject to standards in Title 5, YMC. (6) Signs, as provided for within Chapter 15.24, YMC. 2) Uses Permitted Subject to the Granting of a Conditional Use Permit: 18 (a) Churches having a seating capacity greater than two hundred fifty (250) persons subject to the minimum require- ments set forth by the Yelm Town Council. 3) Special Use /Combining and Planned Development District: In compliance with standards set forth within Section 6. 4) Standards. See Section 7. RESIDENTIAL MULTI- FAMILY RESIDENCE - R -2 Purpose: In furtherance of the Comprehensive Plan, this zone is intended to provide areas for a multi - residence zone to be applied to generally residential or transitional areas where zoning can be made compatible with the total development of the community and provide for office services as a conditional use. Permitted Uses: The following uses only are permitted as hereinafter specifically provided and allowed by this chapter, subject to the off-street LO parking requirements set forth in Chapter 17.38 YMC and the LO general provisions and exceptions set forth by this ordinance. 0 co 1) Uses Permitted Outright: Q (a) All uses permitted outright in the R -1 zone subject to the least restrictive applicable standards and conditions set forth. (b) Multi- family dwellings 2) Uses Permitted Subject to the Granting of a Conditional Use Permit: (a) Banks and saving and loan associations (b) Barber and beauty shops (c) Boarding and lodging houses (d) Business and professional offices (e) Hotels and motels (f) Interior decorator studios (g) Medical and dental clinics and retail dispensing of pharmaceuticals and sick room supplies as an accessory use (h) Post Offices (i) Public parking areas (j) Similar uses as determined by the Town Council 3) Special Use /Combining and Planned Development District In compliance with standards set forth in Section 6. 4) Standards. See Section 7. CENTRAL BUSINESS DISTRICT ZONE - CBD Purpose: In addition to the Commercial zoning district heretofore established, there is created an additional zone designated as the CBD Central Business District for the purposes of providing an area for high intensity uses or mixtures of uses for general commercial, retail, service and multi - dwelling activities. The zone is to promote the special characteristics of the existing downtown Yelm area, to provide a pedestrian shopping atmosphere and to promote the rehabilitation of existing structures and the most desirable uses of land and the following provisions shall be applicable to the zone. Permitted Uses: The following uses only are permitted as hereinafter specifically provided and allowed by this chapter. 19 270 1) Uses Permitted Outright: (a) Accessory buildings and uses customarily subordinated or incidental to a conforming principal building or use (b) Antique shops (c) Apartments at a density not to exceed the provisions of the R -2 zone (d) Art galleries and museums (e) Retail bakeries (f) Banks and savings and loan associations (g) Barber and beauty shops (h) Bowling alleys (i) Business and professional offices (j) Clothes cleaning agency (k) Confectionary stores (1) Conservatories of music, drama and instrument instruction (m) Daily and weekly newspaper publishing and commercial printing (n) Delicatessen stores (o) Department stores (p) Drug stores (q) Fraternal clubs and organizations (r) Grocery and hardware stores (s) Ice machine or storage for less than five tons (t) Jewelry stores (u) Liquor stores, off -sale, provided such uses not be permitted locate within five - hundred (500) feet of the exterior boundary property line of any public school grounds measured along the most direct over or across established public walks, streets or other public passageway to the nearest public entrance of the premises proposed for license. (v) Locksmiths (w) Millinery shops (x) Motels and hotels (y) Millinery shops (z) Newsstands (aa) Nurseries (bb) Offices, private and government (cc) Onsite treatment and storage facilities for hazardous waste, subject to the state siting criteria adopted pursuant to the requirements of Chapter 70.105 RCW. (dd) Parking lots, provided any area so used shall be improved and maintained to standards, and provided further that any such area shall not be used for a vehicle, trailer, or boat sales area or the accessory storage of such vehicles (ee) Pet shops (ff) Post office branch (gg) Radio and television retail and repair stops (hh) Restaurants, bars, taverns and lounges (ii) Stationery and book stores (jj) Tailor shops (kk) Theatres, when within an enclosed building (11) Transportation terminals (mm) Wearing apparel shops (nn) Any combination of the above uses (oo) Similar uses as determined by the Town Council 2) Conditional Uses: *To be set by Planning Committee. 3) Plan Review Required: Applications to develop, remodel or improve properties and structures within this zone shall require review and approval of a binding site plan. 20 Ln co Q 271 It is the intent of these provisions to provide increased design flexibility in development of the downtown area to ensure its continued prosperity for the benefit of Yelm. Site Plans will be reviewed to ensure they provide to the extent possible the following criteria: (a) Open space areas are provided, arranged and designed so as to promote, enhance and provide continuity with existing parks, sidewalks, bike- ways and landscaping on adjacent lots. (b) No business, trade or industry shall be per- mitted which is noxious or offensive by reason of emission or odor, dust, smoke, gas, vibration or noise or which imposes any extraordinary hazard to life or property. 4) Off- Street Parking. See Parking Ordinance #344. ?? 5) Loading and Unloading Space: All commercial buildings within the CBD Central Business District shall provide space for loading and unloading as follows: The loading space where the property is surrounded on all sides by streets to be within the property sufficiently far so that no part of a vehicle, loading or unloading, shall protrude onto the street. Where the building borders an alley, the loading space shall be along the alley and shall extend not less than fourteen (14) feet in depth back from the alley and no less than twenty -five (25) feet bordering the alley and sufficiently high for clear- ance of vehicles. 6) Standards: See Section 7. COMMERCIAL ZONE - C -1 Purpose: In furtherance of the Comprehensive Plan, this gone is intended to provide for the location of business centers to serve the needs of the community for convenience goods and services such as food, drugs, household supplies, automobile servicing, recreation, entertainment and other uses related to, but lesser in scope than downtown core area uses. Permitted Uses: The following uses only are permitted as hereinafter specifically provided and allowed by this chapter subject to the off - street parking requirements set forth in Chapter 17.38 YMC and the general provisions and exceptions set forth in this ordinance. 1) Uses Permitted Outright: (a) All uses permitted in R -1 and R -2 classifications subject to the least restrictive applicable standards and conditions. (b) Antique shops (c) Appliance stores (d) Auction house /barn, excluding auction house /barn for vehicles or livestock (d) Automobile laundry as an accessory use to a service station, based either upon a totally manual or fully automatic process, capable of servicing not more than two (2) vehicles simultaneously and having no conveyor or pull- through system and operating without blowers or steam cleaning facilities where not more than one (1) employee is necessary to the Incidental operation thereof. 21 272 (e) Automobile service stations (f) Bakeries (retail only) (g) Banks and savings and loan associations (h) Barber shops and beauty shops (i) Billiard hall and pool hall, provided such uses not be permitted to locate within five hundred (500) feet of the exterior boundary line of any public school grounds measured along the most direct route over or across established public walks, streets or other public passageway to the nearest public entrance of the premises proposed for license. (j) Blue printing and photostating (k) Bowling alleys (1) Business and professional offices (m) Clothes cleaning agency (n) Confectionery stores (o) Conservatories of music, drama and instrument instruction. (p) Delicatessen stores (q) Department stores (r) Drug stores (s) Dry cleaners, laundries, automatic or non- automatic, doing retail piece work and using non- combustible materials, provided not more than ten (10) persons are employed at any one time and with building facilities containing not more than 5,000 square feet in gross area. (t) Convenience food markets (u) Flea market (v) Garages for minor automobile repair (w') Garden supply shops, including plants in pots and containers (x) Gymnasium, public or commercial or physical culture studios (y) Horticultural nurseries (z) Ice, packages and storage retail dispensing not exceeding five (5) ton capacity (aa) Jewelry stores (bb) Laundries, automatic (cc) Liquor stores, off -sale, provided such uses not be permitted to locate within five hundred (500) feet of the exterior boundary property line of any public school grounds measured along the most direct over or across established public walks, streets or other public passageway to the nearest public entrance of the premises proposed for license. (dd) Locksmiths (ee) Millinery shops (ff) Mortuaries (gg) Newsstands (hh) Onsite treatment and storage facilities for hazardous waste, subject to the state siting criteria adopted pursuant to the requirements of Chapter 70.105 RCW. (ii) Parking lots, provided any area so used shall be improved and maintained in the manner required by Chapter and provided further that any such area shall not be used for a vehicle, trailer, or boat sales area or for the accessory storage of such vehicles. (jj) Pet hospitals (kk) Pet shops (11) Post office branch (mm) Printing establishments except for newspaper letter presses (nn) Radio and television retail and repair shops (oo) Restaurants, cafeterias including drive -in (car service), and drive -in (self - service) restaurants including cocktail lounges (pp) Secondhand store (qq) Studios, such as record recording couturier, artist, music, dancing and photographic (rr) Stationery and book store, including incidental 22 273 printing (ss) Swimming pools (commercial) (tt) Tailor shops and wearing apparel shops (uu) Taverns, provided such use shall not be permitted within five hundred (500) feet of the exterior boundary property line of any public school grounds, public park or public playground (vv) Theatres, when within an enclosed building (ww) Tool sales and rental (xx) Trade schools (yy) Similar uses as determined by the Town Council HEAVY COMMERCIAL ZONE - C-2 Purpose: In furtherance of the Comprehensive Plan, this zone is intended to provide for the location of non - retail, commercial and semi - industrial establishments which are primarily oriented to automotive rather than pedestrian buying activity. It is a further intent of this zone to provide for the productive use of land already oriented to the above - described activity, consistent with the requirements of public safety and the maintenance of property value in the surrounding area. Permitted Uses: The following uses only are permitted as hereinafter specifically provided and allowed by this chapter, subject to the off- street parking requirements in Chapter 17.38 YMC and the general provisions and exceptions set forth in this ordinance. 1) Uses Permitted Outright: (a) All uses permitted outright in R -1, R -2, CBD and C -1 zones, subject to the least restrictive applicable standards and conditions set forth. (b) Advertising signs, subject to Chapter 15.24 YMC (c) Assembly of electrical appliances, such as: (1) Electronic instruments and devices (2) Radios, phonographs and televisions, including manufacture of small parts (d) Ambulance service (e) Automobile laundries (f) Automobile, truck and trailer sales (g) Bakery, wholesale and retail (h) Boat sales, new and used (i) Boat repairs (j) Cabinet shops (k) Ceramic products, manufacture of, including figurines (but not including bricks, drain, building or conduit tile), using only previously pulverized clay and batch kilns as distinguished from shuttle, tunnel or beehive kilns and such batch kilns shall not exceed a total capacity of one hundred and thirty (130) cubic feet 23 2) Uses Permitted Subject to the Granting of a Conditional Use Permit by the Town Council: (a) Automobile laundries which utilize blowers and /or steam cleaning facilities: (1) The Town shall investigate uses and zoning of adjacent lands and shall impose such conditions as may be deemed necessary to protect the public (� interest and welfare. LO (b) Mobile Home Park - standards in Ordinance #345 LD 3) Special Use /Combining and Planned Development District: M In compliance with standards set forth in Section 6. Q 4) Standards. See Section 7. HEAVY COMMERCIAL ZONE - C-2 Purpose: In furtherance of the Comprehensive Plan, this zone is intended to provide for the location of non - retail, commercial and semi - industrial establishments which are primarily oriented to automotive rather than pedestrian buying activity. It is a further intent of this zone to provide for the productive use of land already oriented to the above - described activity, consistent with the requirements of public safety and the maintenance of property value in the surrounding area. Permitted Uses: The following uses only are permitted as hereinafter specifically provided and allowed by this chapter, subject to the off- street parking requirements in Chapter 17.38 YMC and the general provisions and exceptions set forth in this ordinance. 1) Uses Permitted Outright: (a) All uses permitted outright in R -1, R -2, CBD and C -1 zones, subject to the least restrictive applicable standards and conditions set forth. (b) Advertising signs, subject to Chapter 15.24 YMC (c) Assembly of electrical appliances, such as: (1) Electronic instruments and devices (2) Radios, phonographs and televisions, including manufacture of small parts (d) Ambulance service (e) Automobile laundries (f) Automobile, truck and trailer sales (g) Bakery, wholesale and retail (h) Boat sales, new and used (i) Boat repairs (j) Cabinet shops (k) Ceramic products, manufacture of, including figurines (but not including bricks, drain, building or conduit tile), using only previously pulverized clay and batch kilns as distinguished from shuttle, tunnel or beehive kilns and such batch kilns shall not exceed a total capacity of one hundred and thirty (130) cubic feet 23 27'4 (1) Contractor yards (m) Electric or neon sign manufacturing, servicing and repairing (n) Frozen food or cold storage lockers (o) Fix -it shops (p) Furniture repair (q) Garages, public (including storage and major repairs (r) Glass edging, beveling and silvering in connection with the sale of mirrors and glass decorated furniture (s) Glass studios (stained, etc.) (t) Laboratories; experimental, motion picture, testing, etc. (u) Lumber yards (v) Machine shop, no punch press over five (5) tons or automatic screw machines (w) Mortuaries (x) Onsite treatment and storage facilities for hazardous waste, subject to the state siting criteria adopted pursuant to the requirements of Chapter 70.105 RCW. (y) Paint shop (painting contractor) (z) Parcel service delivery (aa) Pet hospitals (bb) Pet shops (cc) Printing establishment (dd) Plumbing shops (ee) Saw and filing shops (ff) Tire rebuilding (gg) Upholstery (custom work) (hh) Recycle center collection when located totally within a completely enclosed building or site obscuring fenced storage yard. (ii) Repair, Automobile (major) (jj) Retail heating oil distribution service as an accessory use to an automobile service station pro- vided: (1) All heating oil storage tanks shall be located underground (2) No more than two (2) delivery trucks shall be used for said purpose or stored on the site (3) Heating oil pump rack shall be limited to one (kk) Automobile repair, major (11) Motor vehicle impound yard when located within a completely enclosed building, except for off - street parking of customer's vehicles (mm) Motor vehicle wrecking when conducted totally within a completely enclosed building, except for off - street parking for customer's vehicles (nn) Mini - warehouses, provided the Building Official reviews and approves a site plan reflecting the follow- ing conditions: (1) Mini - warehouse sites shall not exceed three acres (2) Lot coverage of all structures shall be limited to 50% of the total area (3) Building height shall not exceed fifteen (15) feet (4) Vehicular ingress /egress shall be limited to one (1) point for each side of property abutting any street lot line (5) The exterior areas of mini - warehouses shall be of finished quality and maintained so as not to be offensive from adjacent property abutting streets (6) No advertising signs will be permitted on the property, except as provided for in Yelm Sign Ordinance #324 (7) No business activities other than rental of storage units shall be conducted on the premises (R) Landscaping; A landscaping area not lejo 24 275 2) Uses Permitted Subject to the Granting of a Conditional Use Permit by the Town Council: (a) Trailer -mix concrete plants (b) Motor vehicle impound yard, including accessory structures necessary as a part thereof, provided that said yard shall be substantially obscured from surrounding properties and that the drainage shall be properly-controlled. When an impound yard abuts prop- erty classified more restrictively than C -2, Heavy Commercial, the Council shall establish setback and screening conditions as deemed necessary to accomplish the purpose of this section. Parking of impounded vehicles in any required side, front or rear yard shall be prohibited. (c) Auction house /barn, limited to vehicles only 3) Special Use /Combining and Planned Development Districts: In compliance with standards set forth in Section 6. 4) Standards. See Section 7. INDUSTRIAL ZONE - IZ Purpose: The purpose of this zone is to provide an environment exclusively for and conducive to the development and protection of a broad range of industrial activities including modern, large -scale administrative facilities, research institutions and specialized manufacturing organizations. This zone is intended to provide areas for those industrial activities that desire to conduct 25 than six (6) feet in width shall be provided continuously (except for authorized curb cuts) inside the property and parallel to the boundary property lines along roadway frontages. Land- scaping shall consist of a variety of hardy ever- green planted material consisting of trees, low, medium and high profile shrubs together with suit- able ground cover such as native grasses, bark, rockeries or a combination thereof and shall be designed, placed and maintained in such a manner as not to impair vehicle visibility at corner intersections or adjacent to points of ingress or egress. (9) Fences: Not withstanding any other provision of the Zoning Code, fences for the purpose of security may be erected in any required yard provided the fence is constructed with chain link material. In no event shall a fence or gate be constructed principally from wood. Signs or other advertising mediums shall not be placed upon, attached to or painted on a fence or LO screen fence when required. Fences shall normally not exceed six (6) feet in height provided that the Building Official may in unusual topographic Q or other similar situations permit a fence not co exceeding eight (8) feet in height. Q (10) Screening. In the event a mini - warehouse site abuts upon or is across a street or alley from a more restrictive zone district or abuts or is across a street or alley from property containing residential uses, screening shall be required to minimize the environmental impact of the mini - warehouse operation such as visual blight, parking or roadway illumination, head- light glare, noise, blowing debris and dust. Screening shall be provided by a fence pursuant to item (9) above to which has been affixed wood or plastic slats. (oo) Similar uses as determined by the Town Council 2) Uses Permitted Subject to the Granting of a Conditional Use Permit by the Town Council: (a) Trailer -mix concrete plants (b) Motor vehicle impound yard, including accessory structures necessary as a part thereof, provided that said yard shall be substantially obscured from surrounding properties and that the drainage shall be properly-controlled. When an impound yard abuts prop- erty classified more restrictively than C -2, Heavy Commercial, the Council shall establish setback and screening conditions as deemed necessary to accomplish the purpose of this section. Parking of impounded vehicles in any required side, front or rear yard shall be prohibited. (c) Auction house /barn, limited to vehicles only 3) Special Use /Combining and Planned Development Districts: In compliance with standards set forth in Section 6. 4) Standards. See Section 7. INDUSTRIAL ZONE - IZ Purpose: The purpose of this zone is to provide an environment exclusively for and conducive to the development and protection of a broad range of industrial activities including modern, large -scale administrative facilities, research institutions and specialized manufacturing organizations. This zone is intended to provide areas for those industrial activities that desire to conduct 25 276 business in an atmosphere of a prestigious location in which environmental amenities are protected through a high level of development standards. Permitted Uses: The following is illustrative of the types of permitted uses and is not intended to be exclusive: (a) Boat building for craft not exceeding forty -eight (48) in length (b) Manufacturing, assembling and package of articles, products or merchandise from previously prepared natural or synthetic materials, including but not limited to bristles, canvas, cellophane and similar synthetics, chalk, clay (pulverized only with gas or electric kilns), cloth, cork, feathers, felt, fiber, fur, glass (including glass finishing), graphite; hair, horn, leather, paper, paraffin, plastic.and resins, precious or semiprecious metals or stones, putty, pumice, rubber, shell, textiles, tobacco, wire, wood, wool and yarn. (c) Printing, publishing and allied industries, including such processes as lithography, etching, engraving, binding, blueprinting, photocopying, film processing and similar operations or activities. (d) Manufacturing, processing, blending and packaging of the following: (1) Drugs, pharmaceuticals, toiletries and cosmetics (2) Food and kindred products such as confectionery products, chocolate, cereal breakfast foods, bakery products, paste products, fruits and vegetables, beverages, prepared food specialities (such as coffee, dehydrated and instant food, extracts, spices and dressings) and similar products (3) Dairy products and by- products such as milk, cream, cheese and butter; including the processing and bottling of fluid milk and cream and wholesale distribution (e) Onsite treatment and storage facilities for hazardous waste, subject to the state siting criteria adopted pursuant to the requirements of Chapter 70.105 RCW (f) Warehousing and distribution facilities and the storage of goods or products, retail warehousing, general business offices and restaurants (g) Administrative or executive offices which are a part of a predominant industrial operation (h) Scientific research, testing and experimental develop- ment laboratories (i) Wholesale and retail sale of products manufactured on the premises (j) Warehousing and distribution facilities and storage of goods or products including rail - truck, truck -truck and truck - transfer facilities. (k) Establishments engaged in electronic, automotive, aero- space, missile, airframe or related manufacturing and assembly activities, including precision machine shops producing parts, accessories, assemblies, systems, engines, major devices, automobiles, aircraft, missiles, aerospace or underwater vehicles, but specifically excluding explosive fuels. (1) Manufacturing, processing, assembling and packaging of precision components and products, including precision machine shops for products such as radio and television equipment, business machine equipment, home appliances, scientific, optical, medical, dental and drafting instru- ments, photographic and optical goods, phonography records and prerecorded audio /visual tape, measurement and control devices and sound equipment and supplies, personal access- ories and products of similar character. (m) Headquarter offices of industrial operations (n) Retail heating oil distribution service (o) Other similar uses which the Town Council finds compatible with the permitted uses described herein consist- 26 277 ent with the purpose and intent of the IP zone and not a type to adversely affect the use of adjoining properties. (p) Special Use Combining District; see Chapter 5 (q) Planned Development Disticts; see Chapter 5 Existing dwellings may be rebuilt, repaired and otherwise changed for human occupancy. Accessory uses for existing dwellings may be constructed. Such uses are garages, carports, storage sheds and fences. Accessory Uses: The following are the accessory uses permitted in the Industrial Zone. Conditional Uses: The following are the type of conditional uses permitted in the Industrial Zone subject to approval by the Town Council. The list of conditional permitted uses is illustrative of the types of uses which shall be permitted and not intended to be exclusive. (a) Any permitted use whose operations are predominantly conducted out of doors rather than completely enclosed within a building. (b) Any type of permitted use whose operations are pre- dominantly for the repair of products described rather than the manufacturing or processing of such products. (c) Commercial office, retail and service type uses which are intended primarily to serve the needs of the Industrial Zone are compatible with the permitted types of industrial uses and will not interfere with the orderly development of the industrial area. (d) Offsite treatment and storage facilities, subject to the following standards: (1) Offsite treatment and storage facilities are subject to the state siting criteria adopted pursuant to the requirements of Chapter 70.105 RCW. (2) Offsite treatment and storage facilities are limited to treating or storing hazardous wastes or special incinertor ash generated within the Town of Yelm. (d) Manufacturing and paint (e) Trailer parks (f) Similar uses which are not stipulated in this section may be granted through an appeal to the Town Council. These uses must be compatible with those permitted uses as described herein and consistent with the purpose and intent of this zone and not of a type to adversely affect the uses on adjoining properties. Development Standards. See Section 7. Off - Street Parking: See Chapter 17.38 YMC. 27 (a) Limited repair operations for products described as permitted uses and commercial sales and service incidental to a permitted use, provided such operations are housed as a part of the buildings or buildings comprising the basic operation. (b) Dwelling units limited to not more than one (1) per establishment for security or maintenance personnel and LO their families when located on the premises where they are employed in such capacity. No other residential use shall be permitted. ❑ (c) Employee recreation facilities and play areas (n (d) Restaurant, cafe or cafeteria operated in conjunction with a permitted use for the convenience of'persons employ- ed on the premises (e) Temporary buildings for construction purposes for a period not to exceed the duration of construction (f) Other accessory uses and building customarily appurtenant to a permitted use. Conditional Uses: The following are the type of conditional uses permitted in the Industrial Zone subject to approval by the Town Council. The list of conditional permitted uses is illustrative of the types of uses which shall be permitted and not intended to be exclusive. (a) Any permitted use whose operations are predominantly conducted out of doors rather than completely enclosed within a building. (b) Any type of permitted use whose operations are pre- dominantly for the repair of products described rather than the manufacturing or processing of such products. (c) Commercial office, retail and service type uses which are intended primarily to serve the needs of the Industrial Zone are compatible with the permitted types of industrial uses and will not interfere with the orderly development of the industrial area. (d) Offsite treatment and storage facilities, subject to the following standards: (1) Offsite treatment and storage facilities are subject to the state siting criteria adopted pursuant to the requirements of Chapter 70.105 RCW. (2) Offsite treatment and storage facilities are limited to treating or storing hazardous wastes or special incinertor ash generated within the Town of Yelm. (d) Manufacturing and paint (e) Trailer parks (f) Similar uses which are not stipulated in this section may be granted through an appeal to the Town Council. These uses must be compatible with those permitted uses as described herein and consistent with the purpose and intent of this zone and not of a type to adversely affect the uses on adjoining properties. Development Standards. See Section 7. Off - Street Parking: See Chapter 17.38 YMC. 27 278 SPECIAL USE- COMBINING DISTRICT - SU Purpose: It is the purpose of this zone to provide for special controls for certain uses which do not clearly fit into other zones, which may be due to technological and social changes or which are of such unique character as to warrant special attention in the interest of the Town's optimum development and the preservation and enhancement of its environmental quality. A Special Use - Combining District is imposed on an existing zone, permitting the special use as well as uses permitted by the underlying zone. The combining district becomes void if substantial construction has not begun within a one (1) year period and the district reverts to its' original zoning designation. It is the intent of the Special Use - Combining regulations to provide the Town with adequate procedures for controlling and reviewing such uses and to discourage application for speculative rezoning. Uses Subject to Special Use - Combining District Regulations: The following list is illustrative of the types of uses subject to Special Use- Combining District regulations and is not intended to be exclusive. (a) Would involve the construction of building or other structures of unusual height or mass (b) House, employ or serve large numbers of people (c) Generate heavy traffic (d) Have unusual impact on environmental quality of the area (e) Any use which does not lend itself to an interpretation of substantial similarity to other uses identified or described in this ordinance (f) Uses which, in the judgement of the Building Official, warrant review by the Planning Committee and the Town Council. Examples would include, but are not limited to: (1) Commercial uses, including sports stadiums, rodeos, fairgrounds, exhibition or convention halls, merchandise marts and drive -in theaters (2) Special environmental problems posed by refin- eries nuclear power generating plants, airports, heliports, sanitary landfills, extractive industries and rail classification. Application Procedures: The applicant procedure for a Special Use - Combining District shall be the same as for an amendment to this ordinance as provided in Chapter 17.56 YMC and development plan approval is concurrent with the combining district. Documentation Required: (a) A vicinity map drawn to a scale not smaller than one thousand (1,000) feet to the inch, showing the site in relation to its surrounding area including streets, roads, streams or other bodies of water; the development charact- eristics, zoning pattern of the area and a scale and north arrow. Said vicinity map may be in sketch form but shall be drawn with sufficient accuracy to reasonably orient the reader to the vicinity and to adequately convey the required information. (b) A map or drawing of the site drawn to a scale acceptable to the Building Official (generally one hundred (100) feet to the inch); said map or drawing shall show the following information: (1) Dimensions and names of streets bounding or touch- ing the site (2) Such existing or proposed features as streams or other bodies of water, rights -of -way, easements and 28 279 Development Standards: In reviewing and approving the proposed developments falling under the purview of this section, the Planning Committee and Town Council shall make the following findings: (1) That the location of the proposed use is reasonable (2) That existing or proposed traffic ways are adequate to serve new development (3) That setback, height and bulk of buildings are acceptable for the proposed use and for the vicinity in which it is located (4) That landscaping and other site improvements are comparable to the highest standards set forth for other developments in this ordinance (5) That the performance standards pertaining to air and water pollution, noise levels, etc. are comparable to the highest standards specified for other uses in this ordinance. (6) That the proposed development is in the public interest and serves a need of community -wide or regional importance. In reviewing and approving special uses, and the Town Council may impose such con necessary in the interest of the welfare protection of the environment. One Year Validity: Any Special Use - Combining District shall for one (1) year unless the use is begun 29 the Pl ditions of the remain within anning Committee as it deems Town and the effective only that time or other physical or legal features which may affect or be affected by the proposed development (3) Existing and proposed topography at contour intervals not more than five (5) feet (4) Accurate legal description of the property (5) Existing and proposed structures or buildings including the identification of types and proposed use of said structures. All uses must be compatible with the major use. (6) Off- street parking and loading facilities (7) Dimensions of the site, distances from property lines and space between structures (8) Tentative routing of domestic water lines, storm drains, sanitary sewers and other utilities (9) The Building Official may also require the developer to submit elevations, perspective renderings or such other graphic material or evidence to illustrate affect on the view enjoyed by and from other properties in the vicinity (10) Architectural renderings of the buildings (11) A written statement providing the following information: LO (a) program for development including staging or LO timing 0 (b) proposed ownership pattern upon completion of development (c) basic content of restrictive covenants, if any (d) provision to assure permanence and main- tenance of open space through means acceptable to the Town of Yelm (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 (12) Such other data or information as the Building Official may require. Development Standards: In reviewing and approving the proposed developments falling under the purview of this section, the Planning Committee and Town Council shall make the following findings: (1) That the location of the proposed use is reasonable (2) That existing or proposed traffic ways are adequate to serve new development (3) That setback, height and bulk of buildings are acceptable for the proposed use and for the vicinity in which it is located (4) That landscaping and other site improvements are comparable to the highest standards set forth for other developments in this ordinance (5) That the performance standards pertaining to air and water pollution, noise levels, etc. are comparable to the highest standards specified for other uses in this ordinance. (6) That the proposed development is in the public interest and serves a need of community -wide or regional importance. In reviewing and approving special uses, and the Town Council may impose such con necessary in the interest of the welfare protection of the environment. One Year Validity: Any Special Use - Combining District shall for one (1) year unless the use is begun 29 the Pl ditions of the remain within anning Committee as it deems Town and the effective only that time or M construction has commenced. If not in use or if construction has not commenced within one (1) year, the combining district shall become invalid and the original zoning designation of the land shall apply. Minor and Major Adjustments: If minor adjustments are made following the adoption of the final development plan and approval of the combining district, such amendments shall be approved by the Building Official prior to the issuance of building permits. Minor amendments are those which may affect the precise dimensions or siting or buildings approved in the final plan or the density of the development or open apace provided. Major adjustments are those which, as determined by the Building Official, substantially change -the basic design, density, open space uses or other similar requirements or provisions. Authorization for major adjustments shall be made by the Town Council. The provisions above pertaining to minor and major adjustments shall apply to various parts of a staged development. PLANNED DEVELOPMENT DISTRICT - PDD Purpose: The purpose of this section is to encourage imaginative design and the creation of open space in development by permitting greater flexibility in zoning requirements than is permitted by other chapters of this ordinance. Toward that end, it is the further purpose of this section to: (1) Preserve or create environmental amenities superior to those generally found in conventional developments (2) Create or preserve usable open space for the enjoyment of the occupants (3) Preserve to the greatest possible extent the natural characteristics of the land including topography, veg- etation, waterways and views (4) Encourage development of a variety of housing types (5) Provide for maximum efficiency in the layout of streets, utility networks and other public improvements (6) Establish a method for utilizing potential zoned properties Where Permitted: Planned Development Districts may be permitted in the following zones: Residential Agricultural RA Residential Single - Family R -1 Residential Multi - Family R -2 Central Business District CBD Commercial C -1 Heavy Commercial C -2 Industrial Zone IZ Potentially zoned properties Permitted Uses: (1) Residential developments of all types regardless of the type of building in which such residence is located, i.e. single family dwellings, townhouses, duplexes, fourplexes, apartment houses, mobile homes, provided that all residences are intended for permanent occupancy by their owners or tenants. (2) Accessory uses specifically designed to meet the needs of the facilities of a noncommercial nature (3) Nonresidential Planned Development District of Industrial or commercial uses may be permitted 30 281 Planned Development District Superimposed: Final approval of a Planned Development District superimposes such planned development of the underlying zone regulations as an exception to the extent that such planned development shall modify and supersede the regulations of the underlying zone. Relationship of this Section to Other Sections and Other Ordinances: (1) Minimum lot: The minimum lot size provisions of other sections of the Zoning Ordinance are waived in the Planned Development District. The number of dwelling units per net acre permitted in the underlying zone shall serve as the criteria to determine based PDD dwelling unit density. (2) Off - Street Parking: Off- street parking shall be provided in a PDD in the same ratio for types of buildings and uses as required in Ordinance #344. (3) A PDD shall be exempt from the lot standards of the Yelm Subdivision Ordinance, but other design standards shall be imposed in the PDD if such standards are not in conflict with the purposes of this section. A PDD shall specifically comply with the standards, if required, for sidewalks, under- ground wiring, utilities, street width and curbs and gutters. Upon final approval, filing of the PDD shall be in accordance Q with the procedures of the Yelm Subdivision Ordinance if any co lots are to sold. Q Density Standards: The basic density shall be the same as permitted by the underlying zone. The Planning Committee may recommend and the Town Council may authorize a dwelling unit density not more than twenty (20 %) percent greater than permitted by the underlying zone following findings that one or more of the amenities or design features which promote the purposes of this section and those listed below, are provided: (1) A variety of housing types are offered (2) The need for privacy indoors of each dwelling unit is recognized and private outdoor dwelling space for each unit is provided (3) Open space on a pedestrial plan is included (trail system) (4) Fifteen (15 %) percent of the natural vegetation (clusters of trees) is retained or provided in the develop- ment plan (5) Advantage is taken of unusual site features such as views, streams., natural features, etc. (6) Separation of auto traffic from pedestrian and provision of recreation areas (7) Potential zones are implemented through good site planning Relationship to Adjacent Areas: The design of Planned Development District shall take into account the relationship of the site to the surrounding areas. The perimeter of the PDD shall be so designed as to minimize undesirable impact of the PDD on adjacent properties and, conversely, to minimize undesirable impact of adjacent land use and development characteristics of the PDD. Setbacks from the property line of the PDD area shall be comparable or compatible with those of the existing development of adjacent properties or is adjacent properties are undeveloped, the type of development which may reasonable be expected on such properties given the existing zoning of such properties of the projections of the Comprehensive Land Use Plan. In no event shall such setback be less than ten (10) feet,'except in Commercial and Industrial zones. 31 282 Application Procedure for Tentative Review and Approval: (1) Who May Apply? Any owner or group of owners of contiguous property acting jointly may submit an application for a Planned Development District. (2) Pre - application conference: Every property owner or developer who considers developing property in accordance with this planned development section is required to confer with the Town Staff regarding the provisions of this section as would pertain to the property under consideration. This shall be done prior to submitting a formal application and prior to incurring obligations or making binding commitments in the preparation of plans, surveys and other data necessary for the processing of a formal PDD application. (3) Application Procedures: The applicant procedure for a Planned Development District shall be the same as for an amendment to this ordinance in Section 17.56 YMC. (4) Documentation Required: (a) A vicinity map drawn to a scale not smaller than one thousand (1000) feet to the inch, showing the site in relation to its surrounding area, including streets, roads, streams or other bodies of water; the development characteristics, zoning pattern of the area and a scale and north arrow. Said vicinity map may be in sketch form but shall be drawn with sufficient accuracy to reasonable orient the reader to the vicinity and to adequately convey the required information. (b) A map or drawing of the site drawn to a scale acceptable to the Building Official (generally one hundred (100) feet to the inch) and said map or drawings shall show the following information: (1) Dimensions and names of streets bounding or touching the site (2) Such existing or proposed features as streams or other bodies of water, rights -of- way, easements and other physical or legal features which may affect or be affected by the proposed development (3) Existing and proposed topography at contour intervals not more than five (5) feet (4) Accurate legal descriptions of the property (5) Existing and proposed structures of build- ings, including the identification of types and proposed use of said structures. All uses must be compatible with the major use. (6) Off- street parking and loading facilities (7) Dimensions of the site, distances from property lines and space between structures (8) Tentative routing of domestic water lines, storm drains, sanitary sewers and other utilities, including an identification of the planned disposal runoff (9) The Building Official may also require the developer to submit elevations, perspective rend- erings or such other graphic material or evidence to illustrate affect on the view enjoyed by and from other properties in the vicinity (10) 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, 32 283 if any (d) provision to assure permanence and main- tenance of open space through means accept- able to the Town of Yelm (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 (11) Such other date or information as the Building Official may require Minor and Major Adjustments: If minor adjustments are made following the adoption of the final development plan and approval, such amendments shall be approved by the Building Official prior to the issuance of the building permit. Minor amendments are those which may affect the precise dimensions or siting or buildings approved in the final plan or the density of the development or open space provided. LO Major adjustments are those which, as determined by the Building 0 Official, substantially change the basic design, density, open CD space uses or other similar requirements or provisions, Q authorization for major adjustments shall be made by the Town Council. The provisions above pertaining to minor and major adjustments shall apply to various parts of a staged development. SECTION 7. STANDARDS (BY ZONE) RESIDENTIAL AGRICULTURE ZONE STANDARDS - RA Subject to the general modifications and requirements set forth in Section 6, and additional requirements which may be imposed by the Town Council, the following standards shall apply to uses permitted. MINIMUM LOT AREA: In areas designated as: RA -lA 1 acre RA -2.5A Two and one half acres (2.5) RA -5A Five acres (5) RA -10A+ Ten acres (10) or more * *RA -5A and RA -10A +, measurement of lot is to center line of abutting roads. MINIMUM LOT WIDTH: In areas designated as: RA -lA 150 feet RA -2.5A 165 feet RA -5A 250 feet RA -10A+ 330 feet MINIMUM FRONT YARD: Twenty -five (25) feet, based on a sixty (60) foot street right -of -way. MINIMUM SIDE YARD: Twenty (20) feet, subject to use MINIMUM REAR YARD: Thirty (30) feet, subject to use MAXIMUM HEIGHT: Forty (40) feet, subject to use SINGLE FAMILY RESIDENTIAL STANDARDS - R -1 33 284 Subject to the general modifications and requirements set forth in Section 6, and additional requirements which may be imposed by the Town Council for conditional uses, the following standards shall apply to uses permitted: MINIMUM LOT AREA: In areas designated: RE-6.0 6,000 sq. ft. MINIMUM LOT WIDTH: In areas designated: RE-6.0 50 ft. MINIMUM FRONT YARD: Twenty -five (25) feet, based upon a sixty (60) foot street right -of -way. MINIMUM SIDE YARD: Seven (7) feet, subject to use. MINIMUM REAR YARD: Twenty (20) feet, subject to use. MAXIMUM HEIGHT: Forty (40) feet, subject to use. RESIDENTIAL MULTI - FAMILY STANDARDS - R -2 Subject to the general modifications and requirements set forth in Section 6, and additional standards which may be imposed by the Town, the following standards shall apply to uses permitted. MINIMUM LOT AREA: For single family dwellings or duplexes or for the first dwelling of a multiple family dwelling, seven thousand two hundred (7,200) square feet. MINIMUM LOT AREA FOR DWELLING UNIT: For each additional unit over two (2), two - thousand eight- hundred (2,800) square feet. MINIMUM LOT WIDTH: Sixty (60) feet. MINIMUM FRONT YARD: Twenty -five (25) feet, based upon a sixty (60) foot street right -of -way. MINIMUM SIDE YARD: Seven (7) feet, subject to use. MINIMUM REAR YARD: Twenty (20) feet, subject to use. MAXIMUM HEIGHT: Forty (40) feet, subject to use. CENTRAL BUSINESS DISTRICT STANDARDS - CBD Subject to the general modifications and requirements set forth in Section 6, and additional requirements which may be imposed by the Town Council, the following standards shall apply to uses permitted: MINIMUM LOT AREA: There is no minimum lot area in the Central Business District. MINIMUM FRONT YARD: Ten (10) feet, (may be amended as part of the site plan review process). MINIMUM SIDE YARD: There is no minimum side yard in the CBD except where abutting a residential zone, a side yard of ten (10) feet or one -third the building height, whichever is greater, except where separated by a public way or street. MINIMUM REAR YARD: There is no minimum rear yard in the CBD except where abutting a residential zone, a rear yard of twenty (20) feet or one -third the building height, whichever is greater, except where separated by a public way or street. MAXIMUM BUILDING COVERAGE: There is no maximum building coverage in the CBD. MAXIMUM HEIGHT: The maximum height for buildings in the CBD is sixty (60) feet. 34 S£ ZI - SQHdaNdZS SNOZ ZdI819nQNI -ATuo Agjadoad Ts9a p9uMO ATagsATad o4 pauTguoo aq TTsys asn eons 4sg4 'sanaMOq 'papTAosd 'asn o4 4oeCgns 'uoT4onpoid so buTan4os3nusw uT peon swagT s03 so 4u9a '9Tes TTs49s jog peon aq o4 eae 4gu4 sw94T Jog paMOTTa sz 9sTpuvgOJ9w 3o xsTdGTP J0 96ss04S :HOvHOZS HQISZnO •49a3 (09) A4xTS :ZHOIHH WnWIXVW •asn o4 4oeCgns 149ag (OZ) 44uem4 'seuoz sag4o TTy -asn o4 goaCgns 'A4sadojd psuoz Z -H Pug T -H 'VS TTs woJ3 4999 (OE) A4JT91 :QHVx HVHH WnWINIW -asn o4 4oeCgns 14993 (OT) uey :QHvx HQIS WnWINIW •xsM- jo -4g6Tj 499i4s goog (09) 44xTs s uodn pasgq (SZ) 9ATJ- x4u9M4 :s9jn4onj4s jo seen jeg4o ITV (Z) •49ag: (ST) uaeggz3 seTdouso pus pusTsT dwnd uOT4s4s 90TAJ9S (T) :QHbx ZNOH3 WnWINIW •4999 (09) x4XTS :HSQIM SOZ WnWINIW •gaaj ajsnbs (OOZ'G) paapunq oM4 pussnog4 ueneS :VHHv ZOZ WnWINIW :pa4gTwsed seen oq ATddg TTsus spsepus4s 5uTMOTTo3 9q4 'TTouno0 uMoy eq4 xq pasodwz eq xsw gOTUM s4u9wesTnb9j TsuoT4Tppe pus '9 UOT409S UT ggJoJ gas s4u9w9jTnb9j pus suoTgsoTjTpow Tsiaueb aq4 oq goaCgnS Z -o - SQHVQNVSS HNOZ ZdIOSSWWOO XAVHH -ATuo 44sedoad Tsaj p9uMO AT94sATsd oq pauTguoo aq TTsus esn eons 4gu4 'JaneMOq 'papTAojd 'esn oq goeCgns 'quaj so aTss TTs4ej jog peen eq o4 ais 4su4 sw94T jog paMoTTs sT asTpuvgOJ9w go AsTdsTP so e5sJo4S :SOVHOZS SQISZnO •asn og goaCgns 'seuoz J9g4O TTs Jog 4999 (OZ) x4u9My •A4s9dosd peuoz Z -H Pus T -H 'dH TTs wOJJ 4993 (OE) A4JT141 :QHvx avaH WAWINIW -asn oq goeCgns 14991 (OT) uas :QHvx HQIS WnWINIW •xsM_go -4gbTj 4e9s4s 4003 (09) x4xTs s uodn pessq 'gaa3 (SZ) 9AT3- xquaM4 :s9an4ona4s 10 seen seg4o TTV (Z) •4aeg (ST) uaa43T3 'seTdouvo pus spusToT dwnd suoT4s48 90TAJGS (T) :QHvx SNOH3 WnWINIW •49a3 (09) 44XTS :HZQIM SOZ WnWINIW •499J assnbs (OOZ'G) pespunq oM4 pussnog4 ueneS :vggy 107 WnWINIW :p944Twj9d sasn og ATdde TTsue spsspus4s buTMoTTog eq4 'seen TsuoT4Tpuoo jog TTounoo uMoy aq4 Aq pasodwT eq xsw goTgm s4uewejTnbea TeuoT4TPPg Pug '9 UOT409S UT u4so3 49s s4u9wesTnb9j pus suoT4vOTJTPow Taseuab eu4 o4 4o9CgnS T -D - SQUVGNVZS 7vIOHHWW00 - p944Twied eq TTTM puTx xus 3o'xsTdsTp ao 96sso4s epTs4no ON :HOvHOZS HQISSnO M 3' ai CD WOW W-4 1 MINIMUM LOT SIZE: One (1) acre. MINIMUM FRONT YARD: Forty (40) feet setback, subject to use. MINIMUM SIDE YARD: There shall be a minimum of twenty (20) feet on each side, subject to use. MINIMUM REAR YARD: There shall be a minimum of forty (40) feet for rear yard, subject to use. TRANSITIONAL CONDITIONS: Transitional conditions shall exist when an Industrial Zone, IZ, adjoins a Residential zone containing a density of two (2) dwelling units or more per acre or a proposed residential area indicated on the Comprehensive Land Use Plan. Such transitional conditions shall not exist where the separation includes.intervening use such as river, freeway, major topographic differential or other similar conditions or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as herein defined, a yard of not less than sixty (60) feet shall be provided and landscaped for buffering. MAXIMUM HEIGHT: Structures shall not exceed thirty -five (35) feet in height without a special permit from the Town Council. Guidelines for exceptions would be size of land areas under development in relationship to structure on -site, specific fire safety requirements, nature of plantings, parklike surroundings and the need for the structure to be compatible with the surroundings. ENCLOSURE OF ACTIVITIES% Predominant activities and operations shall be completely enclosed within buildings or structure, except for customary appurtenances, such as loading and unloading area or where special conditions exist as a result of a conditional use permit. The Town Council shall be authorized to determine the reasonable application of this provision in cases of operational hardship or other showing of uncommon circumstances. OUTSIDE STORAGE: Storage or display of merchandise is allowed (on private property) for items that are to be used for retail sale, rent or for items (produced at the site) used in manufacturing or production, subject to use. LOADING AREAS: Loading areas must be located in such a manner that no loading, unloading and /or maneuvering of trucks associated therewith takes place on public right -of -ways or private access easements. MULTI - TENANT BUILDINGS: Multi-tenant buildings shall be permitted. IMPROVEMENT AND MAINTENANCE OF YARDS AND OPEN SPACE: All required yards and other open uses on the site shall be maintained in a neat and orderly manner appropriate for the zone at all times. The Building Official shall be authorized to reasonably pursue the enforcement of these provisions. Where a use is in noncompliance, the property owner or operator shall be notified in writing of such noncompliance and shall be given a reasonable length of time to correct the condition. SECTION 8. LOCATION OF PORNO /ADULT THEATRES AND BOOK STORES The placement of any porno /adult theatres, book stores, etc., must comply with the following standards: (1) Must be located at least six (6) blocks (2,280 feet) from: (a) Residential areas (RA, R-1, R -2) (b)' Churches (c) Schools 36 287 (d) Public offices (e) Central Business District (f) Industrial Park (g) Parks and recreational areas Use shall not be permitted without Public Hearing and approval from the Planning Committee and Yelm Town Council. SECTION 9. REPEALER The following code sections and ordinances or parts of ordinances are hereby repealed: a) YMC 17.08, and Ordinance No. 126, Section 2(1971); b) YMC 17.12, and Ordinance No. 126, Section 3(1971); c) YMC 17.20, and Ordinance No. 126, Section 6(1971); h) YMC 17.40, and Ordinance 126, Section 10(1971); and Ordinance 6, Section 1(1925); and Ordinance 147, Section 1(1973); i) YMC 17.48 and Ordinance 126, Section 13(1971); J) all other provisions of the Yelm Municipal Code and of existing, unlisted ordinances, to the extent in- consistent herewith only. SECTION 10. SEVERABILITY Should any section, paragraph, sentence, clause, or phrase of this Ordinance, or its application to any other person or circumstance be declared unconstitutional or otherwise declared or adjudged invalid for any reason, such decision shall not be construed to affect the validity of the remaining portions of this Ordinance or its applicability to other persons or circumstances. SECTION 11. EFFECTIVE DATE This Ordinance and the amendments enacted therby shall be effective on and after December 27, 1988. SECTION 12. CODIFICATION This Ordinance shall be codified within Title 17, Yelm Municipal Code. Passed by the Town Council and approved as provided by law this dath day f D ember, 1988. Mayor, Town of Yelm Ronald G. Lawton ATTEST: 37 d) YMC 17.24, and Ordinance No. 126, Section 7(1971); LO e) YMC 17.28, and Ordinance No. 126, Section 19 (1971); and LO Ordinance No. 150, Section 1(1973); 0 co f) YMC 17.32, and Ordinance No. 126, Section 8(1971); and Ordinance No. 345, Section 20(1988); Q g) YMC 17.36, and Ordinance 126, Section 9(1971); and Ordinance 150, Section 2(1973); and Ordinance 259, Section 1(1982); h) YMC 17.40, and Ordinance 126, Section 10(1971); and Ordinance 6, Section 1(1925); and Ordinance 147, Section 1(1973); i) YMC 17.48 and Ordinance 126, Section 13(1971); J) all other provisions of the Yelm Municipal Code and of existing, unlisted ordinances, to the extent in- consistent herewith only. SECTION 10. SEVERABILITY Should any section, paragraph, sentence, clause, or phrase of this Ordinance, or its application to any other person or circumstance be declared unconstitutional or otherwise declared or adjudged invalid for any reason, such decision shall not be construed to affect the validity of the remaining portions of this Ordinance or its applicability to other persons or circumstances. SECTION 11. EFFECTIVE DATE This Ordinance and the amendments enacted therby shall be effective on and after December 27, 1988. SECTION 12. CODIFICATION This Ordinance shall be codified within Title 17, Yelm Municipal Code. Passed by the Town Council and approved as provided by law this dath day f D ember, 1988. Mayor, Town of Yelm Ronald G. Lawton ATTEST: 37 288 Yelm City Clerk Passed: December 14, 1988 Approved: December 14, 1988 Published (By Summary): December 22, 1988 a