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669 Amend Title 17 ZoningCITY OF YELM ORDINANCE NO. 669 AN ORDINANCE OF THE CITY OF YELM, WASHINGTON, AMENDING Ordinance 550 by amending Title 17, Zoning of the Yelm Municipal Code. These amendments include allowing for the construction of secondary dwelling units on lots of record one acre or more, including Mini - Storage Facilities and recreational vehicle storage under specific criteria, providing criteria for minimum lot size created through subdivision or binding site plan and development standards for manufactured housing. WHEREAS, on July 19, 1999, pursuant to notice duly given, a public hearing was held and findings were duly made pursuant to RCW 35.63A.070; and WHEREAS, on July 1, 1999, pursuant to the State Environmental Policy Act, the City issued a Determination of NonSignificance on the proposed zoning code amendments. NOW, THEREFORE THE COUNCIL OF THE CITY OF YELM ORDAINS THAT TITLE 17 OF THE YELM MUNICIPAL CODE SHALL BE AMENDED AS FOLLOWS: Section 1. Chapter 17.12.020 Permitted uses shall be amended, in part, to read as follows: 17.12.020(B) Permitted uses. 3. Secondary dwelling units as follows: A secondary dwelling unit may be created on a single- family lot for the exclusive use of persons related by blood or marriage to the owner /occupant of the property. The secondary dwelling unit may consist of one or more rooms, including kitchen and cooking facilities; and may be created by new construction, conversion of, or addition to, either the main residence on the lot or legal accessory building; provided that: a. For lots of record under one acre such conversion or addition shall not cause the maximum allowable building or development coverage of the lot to be exceeded and shall not itself exceed 1,000 square feet, b.. For lots of record of one acre or more such conversion or addition shall not cause the maximum allowable building or development coverage of the lot to be exceeded a,7d shall not itself exceed. a ?8' x 56' manufactured home or a st:icl built horne of equal size. _ mm _ C. Such conversion or addition shall be subject tip the availability of ublic utilities or the ant)roval of the Thurston. County Env ronrnental Health Department. Vii.. Said conversion or addition shall comply with all rules and regulations of the building, plumbing, fire and other applicable codes, e. A building permit and all other applicable permits shall be obtained prior to construction of such conversion or addition; Section 2. Chapter 17.15.020 Permitted uses shall be amended, in part, to read as follows: 17.15.020(B) Permitted uses. 6. Secondary dwelling units as follows: A secondary dwelling unit may be created on a single- family lot for the exclusive use of persons related by blood or marriage to the owner /occupant of the property. The secondary dwelling unit may consist of one or more rooms, including kitchen and cooking facilities; and may be created by neYy cons true uon... conversion of, or addition to, either the main residence on the lot or legal accessory building; provided that: a. 1I`or lots of record wider one acre such conversion or addition shall not cause the maximum allowable building or development coverage of the lot to be exceeded and shall not itself exceed 1,000 square feet, 1), For lots of record of one acre or more such conversion or addition shall not cause the maximum allowable buildina or develo nient cov crape of the lot to be exceeded. and. shall not itself exceed a 28'x 56' manutacttired. home or a stick built borne of" equal size. c. Such conversion or addition shall be subb'ect to the av t l.abiliLN of___ l;ublic utilities or the al)proval of the l "hurston (:;ounty l rtvironmental Health. D_.. ep �_tment., d� Said conversion or addition shall comply with all rules and regulations of the building, plumbing, fire and other applicable codes, A building permit and all other applicable permits shall be obtained prior to construction of such conversion or addition; Section I Chapter 17.26. shall be amended, in part, to read as follows: 17.26.030 Permitted uses. 4. Mini- Storae, Facilities orovided then are not located within 500' of an Urban Arterial, 17.26.035 Prohibited uses. Uses other than those identified or described in Section 17.26.030 of this �haiter gjse.prohibited. including but not limited to: A. Automobile sales, major; is . B. Recreational vehicle storage, 1.ersonal� recreational equipment and accessories. urrless fully contained wit Tin an enclosed structure. Section 4. Chapter 17.27. shall be amended, in part, to read as follows: Ordinance 669 August 11, 1999 City of Yelm Page 2 17.27.020 Permitted uses. W., Mini-Storage Facilities; x, Recreational. Vehicle Storages Section 5. Chapter 17.28. shall be amended, in part, to read as follows: Sections: 17.28.070 Minirntim floor area. 17.28.050 Site area. Minimum size of any parcel to be developed in this district shall be. 10 "Wlreas subdivided or develo ed throu{jh the bindin a site clan shall result ira at least 70% of the site rein ainintr in one Marcel or con7mercialimd. No minimum lot size restrictions shall ap )I for the 115e aainin { } +>,,i, of the site. Section 6. Chapter 17.63. shall be repealed and replaced with the following: Chapter 17.63 MANUFACTURED HOMES Sections: 17.63.010 Intent 17.63.020 Definitions 17.63.030 Designated manufactured home requirements 17.63.040 Manufactured home subdivision development standards 17.63.050 Manufactured home subdivision -- Review 17.63.070 Manufactured home community -- Development standards 17.63.080 Manufactured home community -- Review 17.63.095 Manufactured home community design standards -- Stormwater runoff 17.63.010 Intent. It is the intent of this chapter to: A. Permit the location of manufactured homes as a permanent form of dwelling unit in certain districts and as an accessory use or a temporary use in certain other districts: B. Provide standards for the development and use of manufactured homes appropriate to their location and their use as permanent, accessory or temporary facilities; C. Designate appropriate locations for such dwelling units; D. Ensure a high quality of development for such dwelling units to the end that the occupants of manufactured homes and the community as a whole are protected from potentially adverse impact of such development or use; E. Provide for city review of proposed manufactured home communities and subdivisions; and F. Make a distinction between manufactured home communities and manufactured home subdivisions, and their development and occupancy characteristics. 17.63.020 Definitions. Ordinance 669 August 11, 1999 City of Yelm Page 3 A. "Designated Manufactured Home " means a manufactured home on an individual parcel that is used for residential purposes. It is a single- family dwelling built according to the Federal Manufactured Housing Construction and Safety Standards Act of 1974. B. "Facia" means a type of wainscoting which encloses the lower part of the manufactured home, covering wheels and undercarriage. C. "Footing" means that portion of the support system that transmits loads directly to the soil. D. "Ground set" means the installation of manufactured homes with crawl space elevation three inches or more below elevation of exterior finished grade. E. "Main fi;ame" means the structural component on which is mounted the body of the manufactured home. F. "Manufactured home " means a single- family dwelling built according to the Federal Manufactured Housing Construction and Safety Standards Act of 1974. A manufactured home includes plumbing, heating, air conditioning, and electrical systems; and is built on a permanent chassis. G. "Mobile home" means a factory-built dwelling built prior to the enactment of the Federal Manufactured Home Construction and Safety Standards. H. "Manufactured housing community " means a residential development typified by single ownership of land within the development, with the landowner retaining the rights of ownership. Home sites within the community are leased to individual homeowners, who retain customary leasehold rights. 1. "Manufactured home subdivision" means an area of land, platted in accordance with the subdivision or platting regulations of the city and the state of Washington, in which each parcel or lot is designed and intended to be owned in fee by a person or persons also owning and occupying the manufactured home. J. "Modular home " means a structure constructed in a factory of factory assembled parts and transported to the building site in whole or in units which meets the requirements of the Uniform Building code. This includes prefabricated, panelized, and modular units shipped either preassembled or assembled at the site. K. "Pier" means that portion of the support system between the footing and the Manufactured home, exclusive of caps and shims. L. "Support system" means a combination of footings, piers, caps and shims that will, when properly installed, support the mobile /manufactured home. 17.63.030 Designated Manufactured Home Requirements. Manufactured housing units placed on a lot outside of a manufactured home subdivision or manufactured home community shall comply with the following requirements. A. Permitted Use. A designated manufactured home is a primary use on existing lots in all residential districts (R -4, R -6 and R -14 ). B. Foundation. Homes shall be set below grade on ribbon - footings and a permanent foundation shall be constructed around the perimeter. No more than twelve inches (12 ") of the perimeter foundation shall be visible or above the finish grade of the lot. C. Size and Compatibility with Site -Built Housing. Manufactured housing shall be compared to site - built housing in the neighborhood within the same zoning district. In general, manufactured homes shall be comprised of at least two (2) fully enclosed parallel sections with a total width of a least twenty-four (24) feet and a length of at least thirty-six (36) feet. Approval for the manufactured home shall not be granted unless it is found that the manufactured home is substantially similar in Ordinance 669 August 11, 1999 City of Yelm Page 4 size, siding, material, roof pitch, roof material and general appearance to the site -built housing which may be permitted by the zoning and /or building code in the neighborhood in the same zoning district. D. Age of a Manufactured Home. The age of a manufactured home, as reflected on the title, shall not exceed a maximum of five years at the time of installation. E. As an accessory use for security or maintenance personnel in the following districts, subject to site plan review: 1. Heavy commercial zone (C -2); 2. Industrial/ warehouse district (I /W); 3. Industrial district (1); 4. Open space /institutional district. F. As temporary or emergency use in: 1. Any district as part of a construction project for office use of construction personnel or temporary living quarters for security personnel for a period extending not more than ninety days beyond completion of construction. A thirty day extension may be granted by the city administrator upon written request of the developer and upon the administrator's finding that such request for extension is reasonable and in the public interest; 2. Any district as an emergency facility when operated by or for a public agency; 3. In the open space /institutional district where a community need is demonstrated by a public agency such as temporary classrooms or for security personnel on school grounds. 17.63.040 Manufactured Home Subdivision Requirements. The following requirements apply to manufactured home subdivisions. A. Permitted Use. As a primary use in the following districts, provided the subdivision is not less than five nor more than twenty acres in the: 1. Low - density residential district (R -4); 2. Moderate - density residential district (R -6); 3. As part of a planned residential development as provided for in Chapter 17.60 of this title. B. Foundation. Homes shall be set below grade on ribbon - footings and a permanent foundation shall be constructed around the perimeter. No more than twelve inches (12 ") of the perimeter foundation shall be visible or above the finish grade of the lot. C. Size. Manufactured homes shall be comprised of at least two (2) fully enclosed parallel sections with a total width of a least twenty -four (24) feet and a length of at least thirty -six (36) feet. In a Master Planned Community or Planned Residential Community the City Council may waive the minimum size requirements for manufactured homes for up to twenty percent (20 %) of the total number of manufactured housing units allowed. D. Lot Size and Width. The minimum lot size and width for a manufactured home in a subdivision shall be as follows: 1. Low - density residential district (R -4) - 5,000 square foot average lot size with a fifty (50) foot minimum width. 2. Moderate- density residential district (R -6) - 4,000 square foot average lot size with a fifty (50) foot minimum width. E. Setbacks. Setbacks shall be those of the underlying residential district. F. Development Coverage. Development coverage shall be that of the underlying residential district. G. Development standards. A manufactured home subdivision shall be subject to the same land development and site development standards that apply to conventional subdivisions. Ordinance 669 August 11, 1999 City of Yelm Page 5 H. Open Space. At least five percent (5 %) of the gross parcel shall be dedicated as open space and located in a centralized location or locations for recreational uses, as required by YMC, Chapter 16.14, Parks and Open Space. I. Age of a Manufactured Home. The age of a manufactured home, as reflected on the title, shall not exceed a maximum of five years at the time of installation. 17.63.050 Manufactured home subdivision -- Review. All manufactured home subdivisions shall be reviewed and approved according to the provisions of YMC, Title 16, Subdivisions. 17.63.070 Manufactured housing community - development standards. The following requirements apply to manufactured housing communities. A. Permitted Use. As a primary use in the following districts, provided the manufactured housing community is not less than three acres nor more than fifteen acres in the: 1. Moderate- density residential district (R -6); 2. High- density residential district (R14), with a maximum density of six units per acre. B. Size. There are no minimum size requirements for manufactured homes in a Manufactured Home Community. All manufactured homes shall comply with construction standards as defined in Section 17.63.020, Definitions, "Manufactured home. " C. Setbacks. Setbacks shall be those of the underlying residential district. Yard setbacks along the perimeter of the property shall be fifteen feet from the required buffer. D. Development Coverage. Development coverage shall be that of the underlying residential district. E. Lot Size and Width. The minimum lot size and width for a manufactured home in a community shall be as follows: I . Minimum space area: four thousand square foot average; 2. Minimum width: forty feet; 3. Minimum depth: eighty feet; F. Buffering. A ten foot (10'), Type I Landscape Buffer and six foot (6') solid wood fence shall be required around the perimeter of the site. The buffer shall be placed along the perimeter property line and the six foot (6) solid wood fence shall be placed ten feet (10') inside the perimeter property line. G. Open Space. At least five percent (5 %) of the gross parcel shall be dedicated as open space and located in a centralized location or locations for recreational uses, as required by YMC, Chapter 16.14, Parks and Open Space. H. Age of a Manufactured Home. The age of a manufactured home, as reflected on the title, shall not exceed a maximum of five years at the time of installation. I. Access. 1. Each Manufactured home site shall have access from an interior drive or roadway only. 2. Access to the manufactured home community shall be limited to not more than one driveway from a public street or road for each two hundred feet of frontage. J. Parking. 1. Off - street parking shall be provided in accordance with Chapter 17.72 of this title. 2. On- street parking - Minimum seven foot (7') parking on each side of the street or minimum seven foot (7') parking on one side of the street and a parking area for quests of at least one space for each five homes. Parking areas shall be located in a centralized location(s). K. Interior Streets I . No manufactured home community shall be constructed to block connecting streets shown Ordinance 669 August 11, 1999 City of Yelm Page 6 or proposed as part of the Yelm comprehensive plan. 2. All interior private streets of the community shall have minimum eleven (11) foot driving lanes. 3. Manufactured home communities shall connect with traffic and pedestrian ways on all abutting or connecting streets. 4. All streets, roads and driveways shall be paved to a standard of construction acceptable to the public works department. Interior pedestrian walkways, carports and parking areas shall be paved. L. Pedestrian Walkways. Minimum four foot (4') internal walkway shall connect each space with common areas, internal roads, public streets and parking areas. All walkways must be separated, raised, or protected from vehicular traffic and provide access for handicapped persons. M. Accessory Buildings. 1. Buildings or structures accessory to individual manufactured homes are permitted, including enclosed carports, provided that the total development coverage of the space shall not exceed the development coverage permitted in the underlying residential district. 2. Buildings or structures accessory to the manufactured home community as a whole, and intended for the use of all manufactured home occupants are permitted, provided the building area not exceed one - fourth of the common open space area. A. Refuse Areas. 1. Refuse container screening shall be required and be of a material and design compatible with the overall architectural theme of the associated structure, shall be a least as high as the refuse container, and shall in no case be less than six feet high. 2. Refuse collection areas shall be designed to contain all refuse generated on site and deposited between collections, Deposited refuse shall not be visible from outside the refuse enclosure. 17.63.080 Manufactured home community -- Review. All manufactured home communities shall be reviewed and approved according to the provisions of YMC, Chapter 17.84, Site Plan Review. 17.63.095 Manufactured home community design standards -- Stormwater runoff. All stormwater runoff shall be retained, treated and disposed of on site or disposed of in a system designed for such runoff and which does not flood or damage adjacent properties. Systems designed for runoff retention and control shall comply with specifications provided by the city and shall be subject to its review and approval, and shall, moreover, comply with Chapter 5 of the Yelm Development Regulations, Drainage Design and Erosion Control Standards for the City of Yelm. Section 7. Chapter 17.96. shall be repealed and replaced with the following: Chapter 17.96 AMENDMENTS, REZONES AND VARIANCES Sections: 17.96.010 Generally 17.96.020 Initiation of amendments, rezones and variances 17.96.023 Variances - -when granted Ordinance 669 August 11, 1999 City of Yelm Page 7 17.96.025 Variances -- front, side and rear yard setbacks 17.96.030 Application forms 17.96.040 Public hearings 17.96.050 Notice of hearing 17.96.060 Consideration by City Council 17.96.070 Action by City Council 17.96.088 Appeal of City Council's final decision 17.96.010 Generally. Whenever public necessity, convenience or general welfare requires, the provisions of this title may be amended. 17.96.020 Initiation of amendments, rezones and variances. Amendments of the text of this title or the official zoning map or variances may be initiated by A. Verified application of one or more owners of property which is proposed for a variance or rezone filed with the planning department. B. The adoption of a motion by the City Council requesting the planning commission to set the matter for hearing and recommendation; or C. A recommendation by the planning commission to the City Council. 17.96.023 Variances- -when granted. If because of special circumstances applicable to the subject property due to size, shape, topography, location or surroundings, and if the strict application of this title is found to deprive. subject property of rights and privileges enjoyed by other properties in the vicinity and under identical zone classification, the approval authority may grant a variance in accordance with the provisions for variances in Chapter 17.96 of the Yelm Municipal Code. 17.96.025 Variances -- front, side and rear yard setbacks. The SPRC may grant a variance of up to fifteen percent from the front, side and rear setback requirements in all zones. Any variance from such front, side and rear setback requirements that exceeds 15% shall be considered by the planning commission after the planning commission has provided notice and a public hearing as if such variance were a special use permit as provided in Chapter 17.66. This does not preclude other variances from being considered as provided in Section 17.96.023. 17.96.030 Application forms. The planning department shall prescribe the forms to be used for amendments, rezones and variances. The planning department may prepare and provide blanks for such purposes and prescribe the type of information to be provided. No application shall be accepted unless it complies with such requirements. 17.96.040 Public hearings. At least one public hearing on any such proposed amendment, rezone or variance shall be held by the planning commission. 17.96.050 Notice of hearing. Notice of public hearings for such proposals shall be published in a newspaper of general circulation in the city and by written notice, addressed through the United States mail, to all property owners as recorded in the Thurston County assessor's office, within three hundred feet of the subject property, at least ten days prior to the hearing. In addition, at least ten days prior to the hearing, notice of said hearing shall be posted in the following places: on the property; at a public street intersection near the property; and at city hall. Ordinance 669 August 11, 1999 City of Yelm Page 8 17.96.060 Consideration by City Council. The planning commission's recommendation shall be presented for City Council consideration no longer than twenty working days from the date a decision constituting a recommendation is rendered. 17.96.070 Action by City Council. The City Council may accept, modify or reject the planning commission's recommendation and findings or conclusions therein, or may remand the decision to the planning commission for further hearing. A decision by the City Council to modify, reject or remand shall be supported by findings and conclusions. 17.96.080 Appeal of City Council's Final Decision. These appeals go to the Superior Court and follow the judicial review process set forth in RCW 36.70C. Section 8. Sevewability. If any provisions of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provisions to other persons or circumstances is not affected. Section 9. Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. Passed by the Yelm City Council this 1 I "' day of August, 1999. KatUyn M. VW, Mayor ATT T: /� t t" � Agn s P. Bernick, City Clerk/Treasurer PASSED and APPROVED: August 11, 1999 PUBLISHED: Nisqually Valley News, August 20, 1999 EFFECTIVE: August 25, 1999 Ordinance 669 August 11, 1999 City of Yelm Page 9