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01 27 2015 Agenda PacketAGENDA YELM CITY COUNCIL MEETING TUESDAY, JANUARY 27, 2015, 6:00 P.M. Website Viewing: Clicking on agenda items will open associated documents including staff reports, resolutions, ordinances, etc. Note: some agenda items may not have attachments. Call to Order 2. Roll Call 3. Agenda Approval ACTION 4. Special Presentations- The Great Kindness Challenge Week Proclamation 5. Public Comment — Please complete a blue speaker's card and present it to the meeting recorder. Comment topics should not appear elsewhere on the agenda. Time (three minutes per speaker) and the number of speakers (five) are limited and may be adjusted to meet agenda requirements. 6. Consent Agenda ACTION a. Minutes; Regular Meeting January 13, 2015 b. Payables Checks # 7. Public Hearing- Ordinance No. 995, Unified Development Code (UDC) 8. New Business ACTION a. Ordinance No. 995, Unified Development Code (UDC) Presenter: Tami Merriman Attachments: Staff Report, Ordinance No. 995, Unified Development Code (UDC) b. Confirmation of Planning Commission Appointments ACTION 5 Presenter: Grant Beck min Attachments: Staff Report C. Confirmation of Historic Preservation Commission Appointments ACTION 5 Presenter: Grant Beck min Attachments: Staff Report d. Updated South Sound Military & Communities Partnership (SSMCP) ACTION Memorandum of Agreement (MOA) Presenter: Shelly Badger Attachments: Staff Report, MOA 9. Old Business — none scheduled 10. Council and Mayor Councilmember Foster represents Yelm on the following committees. • Thurston County Solid Waste • Nisqually River Council Advisory Committee (SWAC) • Yelm Finance Committee Councilmember Baker represents Yelm on the following committees. • Intercity Transit Board Yelm Adult Community Center Councilmember Isom represents Yelm on the following committees • Thurston Regional Planning Yelm Economic Development Council Committee (TRPC) • Yelm Finance Committee Councilmember Littlefield represents Yelm on the following committees. • Thurston County HOME Finance Committee Consortium Councilmember Wood represents Yelm on the following committees. • (TRPC) Transportation Policy • Yelm Transportation Committee Board • TComm 911 Admin Board Councilmember Garmann represents Yelm on the following committees. • Yelm Transportation Committee Thurston County Law and Justice Councilmember Hendrickson represents Yelm on the following committees. • Medic One Yelm Emergency Operations Board Mayor Harding represents Yelm on the following committees. • Thurston County Economic • Yelm Finance Committee Development Council • Yelm Emergency Operations Board • Yelm Transportation Committee • Thurston County Mayor's Forum Yelm Economic Development • (TRPC) Transportation Policy Committee Board 11. Executive Session- none scheduled 12. Correspondence (Correspondence is available upon request) South Sound Green Pages, Winter 2015 Municipal Research News, Winter 2015 13. Adjourn Upcoming Meetings Council Study Session, Wednesday, January 28, 2015, 5:00 pm, Public Safety Building Regular City Council Meeting, Tuesday, February 10, 2015 6:00 pm, Public Safety Building Regular City Council Meeting, Tuesday, February 24, 2015, 6:00 pm, Public Safety Building CITY OF YELM MEETING INFORMATION All regular Yelm City Council meetings are audio recorded. A $5.00 per CD (prepaid) fee is required. For information about obtaining a copy of the proceedings, please call 360.458.8402. Public comments are welcome. However, in order to proceed with scheduled agenda items the allowable time per speaker is limited to 3 minutes and the number of speakers limited to five. Comments during the public comment portion of the meeting should not be associated with measures or topics appearing elsewhere on the agenda and should not address topics for which public hearings have been conducted or are anticipated. It is the City of Yelm's policy to provide reasonable accommodations for people with disabilities. If you are a person with a disability and in need of reasonable accommodations to conduct business or participate in government processes or activities, please contact Janine Schnepf, at 360.458.8402 at least four (4) working days prior to the scheduled event. The City of Yelm is an equal opportunity provider and employer. The Preliminary Agenda and Approved Council Minutes are available at uvwvv.+ i.yLlrr7.w .u! Agenda Item 4. Great Kindness Challenge Proclamation Page 1 of 1 CITY OF YELM PROCLAMATION ..L.:..........:...T.... N The Great Kindness Challenge FIE . °AS, the Challenge, School"[,Aitio n was created n launched fin 2011 by 'Kids for Peace, a tw.w:wan-prw fit based fin Carlsbad, California; wnd FIE . °AS, the Challenge, School "[,Aitio n was piloted with thw^cx� . arlsbad public schools :in was now expwnded to all 50 states with over 2 irnillio�n students participatLng; &nd FIE . °AS, the challenge, °hwwwwl [,A itiown is wwin.e colryllrylitiment to ilrylproved school clirnate &nd Lncr . (.A student �°i�wgagerw �.�:in by ��arti ° ��atLtw. � �i�w "llll �w.�: Fw^ea :I '1Ln. in.e Challenge; wnd . IERI,AS, lackanias Elementary is Iminored to unite all . students fin the spirit of kii nd,iness wnd respect; 'elirn, ww�in behalf w:wfthe City Council, do hw: rcby proc;lairn Jwnuary 2 through J nwlary 30, 2015 . t w here Uin.:ine matt y.' at Lackarnas 17.1eirrie tart' School, Lin the ity of Yelim wnd be Fww:ind. Agenda Item 6. a. Minutes Page 1 of 3 YELM CITY COUNCIL REGULAR MEETING TUESDAY, JANUARY 13, 2015 MINUTES 1. Mayor Harding called the meeting to order at 6:00 p.m. 2. Roll Call Present: JW Foster, Joe Baker, Bob Isom, Jennifer Littlefield, Tracey Wood, Ken Garmann and Russ Hendrickson. Agenda Approval 15 -001 MOTION BY JOE BAKER APPROVING THE AGENDA AS PRESENTED. CARRIED. 4. Special Presentations -none scheduled 5. Public Comment - no comments 6. Consent Agenda Minutes - Regular Meeting December 9, 2014 Payables - Checks #63819 - #63982 Totaling $979,111.21. 15 -002 MOTION BY RUSS HENDRICKSON APPROVING THE CONSENT AGENDA AS PRESENTED. CARRIED. 7 Public Hearing -none scheduled 8. New Business - a. Ordinance No. 993 Establishing Lodging Tax Advisory Committee Janine Schnepf reported that any county, city or town that has imposed the hotel /motel (lodging) tax and has a population of 5000 or more is required to establish and maintain a Lodging Tax Advisory Committee per RCW 67.28.1817. This is a requirement established in 2013 for 2014 reporting requirements. The committee's membership must be a minimum of five members confirmed by the Council and made up of equal number of business members of the community that collect the tax and eligible agencies that request funding from the revenue collected from the tax, including any municipality, used directly or indirectly through convention, visitors bureau or destination marketing. One member shall be an elected official of the municipality who shall serve as chair of the committee. Ordinance No. 993 would establish the Lodging Tax Advisory Committee and define the duties and functions of the committee. Councilmember Littlefield asked what events the money could be used to promote. Ms. Schnepf stated there are specific criteria established in RCW 67.28.1816. Councilmember Isom expressed concern regarding the allocation of funds and the criteria of the committee since there is only one business in Yelm that contributes to the Lodging Tax. Ms. Schnepf stated there are specific requirements for the application and the process outlined in the RCW. Mayor Harding stated since Yelm only has one business contributing to the Lodging Tax that if there were two employees from the business, the statutory requirements would be met. Councilmember Wood asked about the amount of revenue we have collected. $167,000 has been collected over the last 10 -12 years and not expended, and $15,000 is budgeted for 2015. Councilmember Woods has concerns regarding the language in the RCW concerning the requirements of two members who are representatives of businesses required to collect the lodging tax since Yelm only Agenda Item 6. a. Minutes Page 2 of 3 has one business currently. Ms. Badger stated we would talk with the City Attorney regarding his interpretation of the law and the requirements. 15 -003 MOTION BY BOB ISOM ADOPTING ORDINANCE NO. 993 ESTABLISHING A LODGING TAX ADVISORY COMMITTEE, DEFINING THE DUTIES AND FUNCTIONS OF THE COMMITTEE AND DECLARING AN EFFECTIVE DATE. CARRIED. 9. Old Business —none scheduled 10. Mayor and Council Initiatives Councilmember Foster is unable to attend the upcoming Nisqually River Council meeting. The meeting is this Friday at 9 am at the Nisqually Wildlife Refuge for anyone interested in attending. Councilmember Foster had the opportunity to witness the Secret Santa program around Christmas time. An anonymous donor gave $5,000 to The Yelm Police Department to give out to citizens in $100 dollar bills that they felt could use the money. Councilmember Foster thanked the anonymous donor for the generous donation to our community and stated it was a nice thing that the Police Department were able to do for the citizens. Mayor Harding stated it was a well received and appreciated program. Councilmember Isom attended the Thurston Regional Planning Council meeting and their 2015 Legislative Priorities are Transportation, fix I -5 near JBLM (improve intersections and add capacity); preserve and maintain the Multimodal System, maintain and increase Regional and Rural Mobility Funding, maintain and grow public transportation services, create a Facilities Replacement Account to allow money from sale of WSDOT properties to be banked for WSDOT facilities projects, homelessness & affordable housing, shared revenue options, liquor & marijuana and sewer conversions. Councilmember Littlefield attended the Thurston County HOME Consortium and reported there will be a Homeless Connect event January 29th at the Yelm Community Services facility from fpm - 4pm. They will be compiling homeless census numbers, giving free haircuts, free adult flu shots, medical screening, and free food and making connections for people that are in need of assistance. Councilmember Littlefield also brought a big red bin to be placed at City Hall for gently used hats, scarves, gloves, blankets, sleeping bags and warm coats that will go to persons in need at the event. Councilmember Wood attended the Intercity Transit Board meeting for Councilmember Baker. Karen Venezuela was recognized for her time spent on the board and there was a presentation on the Bus Buddy program. Councilmember Woods attended the TComm 911 Admin Board meeting where they set up an evaluation process for the Executive Director position. Councilmember Garmann followed up on the report he gave last December regarding the Thurston County's Account Restitution Center (ARC) building in Thurston County. There was an article in the Seattle Times stating it costs '/z million dollars to maintain the empty building which was built four years ago. The building was intended to be a replacement for the existing jail so there is no new capacity. Mayor Harding stated it is a difficult issue because Thurston County is not offering any new funding to maintain and operate the ARC building. Mayor Harding suggested a meeting with the Sheriff so that Councilmember Garmann could better Agenda Item 6. a. Minutes Page 3 of 3 understand the issues regarding the ARC building. Mayor Harding will arrange the meeting and even attend with Councilmember Garmann. Councilmember Hendrickson attended the Yelm Emergency Operations Board meeting today but the meeting had been cancelled. Councilmember Hendrickson then met with Chief Stancil and discussed emergency meals for staff that work during emergencies. They also discussed fuel alternatives. Councilmember Hendrickson also attended Orval French's Retirement party from the Fire Department and the Chamber Luncheon where Andy Wolfe spoke about the upcoming School Bond. Mayor Harding has been working closely with several Legislatures who are prepping for this year's session. The City of Yelm has a couple of Capital requests for the upcoming session. The City is also supporting a request made by Yelm Senior Center and the funding for the SR510 Bypass. Mayor Harding has expressed the importance of these issues to the Legislatures in hopes those requests will be granted. Mayor Harding will be attending the Association of Washington Cities Mayors Exchange this week and tomorrow will be attending the Thurston County State of the City address where he will be presenting a condensed version of Yelm's State of the City presentation. Councilmember Baker thanked Councilmember Wood for attending the Intercity Transit Board meeting in his absence and thanked him for the great report. 11. Executive Session - none scheduled 12. Correspondence included - Thurston Regional Planning Council Pre - Agenda Friday, January 9, 2015 Nisqually Watershed Salmon Recovery Newsletter Winter 2014/2015 Thurston County Chamber of Commerce Voice Jan /Feb 2015 Federal Energy Regulatory Commission Project update December 2014 13. Adjourn 6:30 pm. Attest: Ron Harding, Mayor Lori Mossman, Deputy City Clerk Agenda Item 7. Notice of Public Hearing Page 1 of 1 Yelm City Council Notice of Public Hearing Amendment to the Yelm Municipal Code adopting a Unified Development Code. The Yelm City Council has scheduled a public hearing to receive comments on a proposed amendment to the Yelm Municipal Code. The hearing is scheduled for 6:00 PM on Tuesday, January 27, 2015, and will take place in the Council Chambers /Court Room at the Yelm Public Safety Building, 206 McKenzie Street SE. The Unified Development Code (UDC) is a single comprehensive document used as the primary guide for development within the City. The UDC is a compilation of existing zoning and subdivision regulations, along with other development related regulations found elsewhere in the Yelm Municipal Code, the Yelm Development Guidelines, and the Yelm Design Guidelines. For additional information, please contact Tami Merriman at 360- 458 -3835. Written comments will be received up to the close of the public hearing. Written comments may be submitted at the hearing or may be mailed to Tami Merriman, City of Yelm, 105 Yelm Avenue West, Yelm, WA 98597. It is the City of Yelm's policy to provide reasonable accommodations for people with disabilities. If you are a person with a disability in need of accommodations to conduct business or to participate in government processes or activities please contact Janine Schnepf at 360- 458 -8402 at least five working days prior to the scheduled event. Janine Schnepf, City Clerk Published: Nisqually Valley News: January 16, 2015 PLEASE DO NOT PUBLISH BELOW THIS LINE Posted Yelm City Hall and Yelm Timberland Library To: Mayor Ron Harding Yelm City Council Agenda Item 8. a. Unified Development Code Page 1 of 340 City of Yelm From: Tami Merriman, Associate Planner STAFF REPORT Date: January 16, 2015 (for January 27, 2015 City Council Meeting) Subj: Adoption of a Unified Development Code and other amendments to the Yelm Municipal Code Recommendation Adopt Ordinance 995, creating a new Title 18 — Unified Development Code, and amending Titles 1, 2, 5, 6, and 9 YMC, and repealing Titles 14, 15, 16, and 17 YMC, and creating a new Title 15 YMC. Background The City of Yelm first adopted development regulations to implement the policies of the Comprehensive Plan 20 years ago. Over time, these regulations have been edited, updated, and expanded. These regulations are located throughout the Yelm Municipal Code, Yelm Development Guidelines and Yelm Design Guidelines. To help clarify regulations and the permitting process, all development related requirements and processes have been compiled and arranged into one document, a Unified Development Code (UDC). With the creation of the UDC, staff and the Yelm Planning Commission reviewed the permit process and development standards for clarity, outdated information, and for ease of use. The Planning Commission conducted an extensive public outreach and participation program in order to engage citizens, the local real estate community, developers, and business groups. Staff made presentations before a number of these stakeholder groups and the Planning Commission held numerous meetings and hosted a public open house. As required by the Growth Management Act, the draft was also sent to the Washington State Department of Commerce for distribution to reviewing state agencies for comment, although no State agency provided any input into the document. Agenda Item 8. a. Unified Development Code Page 2 of 340 The Yelm Planning Commission held a public hearing on April 21, 2014 to receive final comments on the draft document. The Planning Commission reviewed all comments received throughout the process in detail, and addressed many of the comments by amending the draft language in the UDC. The Planning Commission voted unanimously to recommend that the City Council adopt the proposed amendments. Many development regulations appeared in Municipal Code Chapters that are not traditionally related to zoning and permitting. Regulations for kennels were found both in the Zoning Code and the Animal Control Chapter of the Municipal Code. As all development related regulations are being consolidated in the UDC, updates to various Titles and Chapters of the Municipal Code are required as part of the adoption of the UDC. Chapter 5.52 YMC — Adult Entertainment Business Licensing. The proposal moves the location and land use permitting requirements for Adult Entertainment Businesses into the UDC, and re- codifies the business license requirements in Chapter 5.52 YMC. Chapter 6.08 YMC — Animal Regulations. All permitting standards for kennels are removed from this Chapter. The location and permitting requirements are moved to the UDC. Hobby kennels are no longer regulated. The Council discussed whether to update this chapter to allow for the keeping of chickens in the City under limited circumstances, but chose to leave the existing prohibition in place. Chapter 9.86 — Adult Entertainment Business. The criminal and enforcement provisions for Adult Entertainment Businesses enforced by the Yelm Police Department are moved from the previous Chapter 5.52 YMC into Chapter 9.86 YMC. Title 15 — Franchises. The standards for the location and permitting of wireless communications facilities are moved into the UDC. The requirements for franchises to use the public right of way are being re- codified at Title 15 YMC. The City has consulted with an attorney familiar with franchise requirements, and has proposed an update to the franchise requirements which meet current Federal and State requirements and are consistent with case law. Current Situation A subcommittee of the City Council met with City staff to review the draft in detail to better understand the layout and to answer questions or concerns. The draft UDC was then distributed to Council at the October, 2014 study session for review. Agenda Item 8. a. Unified Development Code Page 3 of 340 The Council did not have any changes to the Planning Commission's recommendation, however added the following sections. Section 18.16.070 YMC. Reservation of water or sewer connections. This section allows the Council to reserve City utility connections for essential public facilities. Chapter 18.68 YMC. Marijuana retailers. This chapter upholds the provisions of the Washington State requirements that retail outlets shall be no closer than 1,000 feet of any school, playground, childcare center, public parks, etc. If the Council determines that the proposed UDC and other changes to implement the UDC are appropriate, it should adopt Ordinance 995. Agenda Item 8. a. Unified Development Code Page 4 of 340 Yelm City Council Notice of Public Hearing Amendment to the Yelm Municipal Code adopting a Unified Development Code. The Yelm City Council has scheduled a public hearing to receive comments on a proposed amendment to the Yelm Municipal Code. The hearing is scheduled for 6:00 PM on Tuesday, January 27, 2015, and will take place in the Council Chambers /Court Room at the Yelm Public Safety Building, 206 McKenzie Street SE. The Unified Development Code (UDC) is a single comprehensive document used as the primary guide for development within the City. The UDC is a compilation of existing zoning and subdivision regulations, along with other development related regulations found elsewhere in the Yelm Municipal Code, the Yelm Development Guidelines, and the Yelm Design Guidelines. For additional information, please contact Tami Merriman at 360- 458 -3835. Written comments will be received up to the close of the public hearing. Written comments may be submitted at the hearing or may be mailed to Tami Merriman, City of Yelm, 105 Yelm Avenue West, Yelm, WA 98597. It is the City of Yelm's policy to provide reasonable accommodations for people with disabilities. If you are a person with a disability in need of accommodations to conduct business or to participate in government processes or activities please contact Janine Schnepf at 360- 458 -8402 at least five working days prior to the scheduled event. Janine Schnepf, City Clerk Published: Nisqually Valley News: January 16, 2015 PLEASE DO NOT PUBLISH BELOW THIS LINE Posted Yelm City Hall and Yelm Timberland Library Agenda Item 8. a. Unified Development Code Page 5 of 340 CITY OF YELM ORDINANCE NO. 995 AN ORDINANCE of the City of Yelm adopting a Unified Development Code, creating a new Title 18 Yelm Municipal Code (YMC), amending Titles 1, 2, 5, 6, & 9 YMC, repealing Titles 14, 15, 16, and 17 YMC, and creating a new Title 15 YMC. WHEREAS, the City of Yelm is required to plan under Section 36.70A.040 RCW; and WHEREAS, in compliance with the Washington State Growth Management Act, Chapter 36.70A RCW, the City of Yelm adopted a Comprehensive Plan in 1994, and has amended the plan on several occasions since that time; and WHEREAS, in accordance with the Comprehensive Plan, has adopted development regulations to be consistent with the goals and policies of the Comprehensive Plan; and WHEREAS, the Growth Management Act requires that cities establish a public participation program and procedures for amendments to development regulations; and WHEREAS, the public review process included at least twenty -five (25) public meetings in front of the Yelm Planning Commission, stakeholder meetings with local real estate groups, contractors, and the Chamber of Commerce, a public open house and a Public Hearing before the Yelm Planning Commission; and WHEREAS, the public participation program included notification to Departments of Washington State, notification to Joint Base Lewis McChord, email distribution to any person expressing interest in the review, and the posting of all pertinent drafts, notices, staff reports and public comment on the City's website, and WHEREAS, the City of Yelm Responsible Official issued a Determination of Nonsignificance for the proposed Unified Development Code pursuant to Section 197 -11 -340 WAC on March 28, 2014; and WHEREAS, in compliance Section 36.70A.106 (1) RCW, the draft update was mailed to Washington State Department of Commerce for distribution to reviewing state agencies, and received no comments from agencies; and WHEREAS, the Yelm Planning Commission held an open house on April 14, 2014, to solicit comments on the draft proposed amendments form interested parties in an informal setting with background material; and WHEREAS, the Yelm Planning Commission held a duly advertised public hearing on April 21, 2014 on the proposed amendments, at which time received written comments and oral testimony; and WHEREAS, amendments to the development regulations for the City of Yelm require a recommendation from the Yelm Planning Commission to the City Council; and WHEREAS, the Yelm Planning Commission reviewed all public comments on the proposed amendment and voted unanimously to recommend that the Yelm City Council adopt the proposed amendments. Agenda Item 8. a. Unified Development Code Page 6 of 340 WHEREAS, the Yelm City Council has reviewed the recommendations from the Yelm Planning Commission, and added requirements for reserving utility capacity for essential public facilities and development standards for marijuana retailers. WHEREAS, the public right of way is occupied by other public service entities for facilities used in the delivery, conveyance, and transmission of utility and public services to the enhancement of the health, welfare, and general economic well -being of the city and the region and its residents and businesses, and WHEREAS, the City has previously adopted and enforced provisions codified in Title 15 of the Yelm Municipal Code that establish requirements for franchise applications and use and occupancy of the public rights of way by cable service and telecommunications operators; and WHEREAS, the City desires to add a new chapter to Title 15 of the Yelm Municipal Code that will establish requirements for franchise applications and use and occupancy of the public rights of way by utility operators; Now, THEREFORE, the Yelm City Council do ordain as follows: SECTION 1. Title 14 YMC — Environment is repealed in its entirety. SECTION 2. Title 15 Y MC — Buildings and Construction is repealed in its entirety. SECTION 3. Title 16 YMC — Subdivisions is repealed in its entirety. SECTION 4. Title 17 YMC — Zoning is repealed in its entirety. SECTION S. Chapter 1.16 YMC — Enforcement of Development Regulations is repealed in its entirety. SECTION 6. Chapter 2.26 YMC —Hearing Examiner is repealed in its entirety. SECTION 7. Chapter 2.36 YMC — Planning Commission is repealed in its entirety. SECTION 8. Chapter 5.44 YMC — Home Occupations is repealed in its entirety. Agenda Item 8. a. Unified Development Code Page 7 of 340 SECTION 9. Chapter 5.48 YMC — Day Care Facilities is repealed in its entirety. SECTION 10. Chapter 5.52 YMC —Adult Entertainment Businesses is repealed in its entirety. SECTION 11. Chapter 6.08 YMC — Animal Regulations is amended as follows: 6.08.030 Definitions. A. "Abandon" means the act of leaving a pet animal without humane care in such a way that the health or safety of the animal is imperiled. B. "Adult pet animal" means a pet animal of either sex, altered or unaltered, which has reached the age of six months or which has produced offspring or which is pregnant. C. "Animal services department" means the department under supervision of the public works department that provides for the impoundment, care and placement of at large pet animals within the city limits. D. "At large" means any animal off the premises and outside any vehicle of the owner or custodian of the pet animal and not under control of a person by means of a leash or verbal command. E. "Dangerous dog" means a dog that has been declared dangerous by animal services. The dog has committed severe injury by aggressively biting, attacking or endangering the safety of humans or other pet animals. F. "Domestic animal" means an animal other than livestock. G. "Euthanasia" means the humane destruction of any animal, pursuant to this chapter. H. "Fees" and /or "charges" for services such as licensing, adoption, impounding, identification (micro) chipping, transports, euthanasia procedures and other services shall be established, approved, and revised by resolution of the Yelm city council. I. "Guard dog" or "attack dog" means any member of the dog family, which has been trained for or is used for the purpose of protecting persons or property by exhibiting hostile or aggressive behavior or propensities or which will attack on signal or command. J. "Harbors, keeps, possesses, or maintains a pet animal" means providing care, shelter, protection, refuge, food, or nourishment in such manner as to influence the behavior of the animal; or, treating the animal as living at one's property. Agenda Item 8. a. Unified Development Code Page 8 of 340 K. "Humane care" means care of an animal that includes providing necessary food, water, shelter, rest, sanitation, ventilation, space and medical attention in a way that the health and safety of the animal is not imperiled. L. "Impound" means to take control and possession by authorized officials of any animal found in circumstances constituting a violation of this title, and pursuant to the terms thereof. M. "Impound facility" means a place provided and operated or arranged for under the authority of the animal services department for the impoundment, care, placement and humane destruction of dogs, cats and other pet animals at large. N. "Kennel" means, where zoning permits, a place where adult dogs or cats are kept by persons providing facilities for breeding, and the offspring thereof are sold for profit; or where such dogs or cats are received for care, training and boarding for compensation; but not including a small animal hospital, clinic or pet shop. O. "License" means a registration or identification tag issued pursuant to this chapter for any dog, cat or other pet animal of six months of age or more. P. "Nuisance pet animal" means a pet animal that: 1. Damages or destroys landscaping or property of another person, including destruction of wildlife that has been purposefully attracted to the person's property; or 2. Soils or defecates on public or private property other than the owner's, unless such waste is immediately removed and properly disposed of by the owner of the pet animal; or 3. Causes unsanitary, dangerous, or offensive conditions; or 4. Is a female dog or cat in estrus not confined within a structure to prevent access of male dogs or cats except for planned breeding; or 5. Chases people or vehicles, or molests or interferes with persons or other animals on public or private property other than the owner's property; or 6. Habitually or continually disturbs the peace and quiet of any individual or neighborhood by unprovoked barking, whining, howling or making any other noise; at the discretion of the officer; or Agenda Item 8. a. Unified Development Code Page 9 of 340 7. Trespasses on private property and the property owner or tenant supplies a written complaint to animal services, and, in the case of a cat, physically contains the cat. Q. "Officer" or "official" means any police officer, animal control officer or other official designated by the city to issue licenses, citations, pick up, impound or restrain, sell, dispose of or give notice of or for any other acts, duties or functions, prescribed by this title or other title relating to pet animals. R. "Owner /custodian" means any person(s) who harbors, keeps, possesses or maintains a pet animal, or who encourages a pet animal to remain about their property for a period of seven consecutive days or more, or the person named on the license /registration record of any animal as the owner. The parent or guardian of an owner under eighteen years of age shall be deemed the owner for the purposes of this chapter. S. "Pet animal" means any species of wild or domestic animal sold or retained for the purpose of being kept for pleasure, companionship or utilitarian purposes and not kept as a food source. T. "Potentially dangerous dog" means a dog that according to the records of animal services has committed serious offenses as more fully set forth in YMC 6.08.070. U. "Restrained" means secured by a leash and under physical control of a person with the strength and judgment to handle the animal, or tethered to a stationary object, which keeps the animal confined to the pet owner's property. V. "Severe injury" means any physical injury that results in broken bones or lacerations requiring sutures or cosmetic surgery. W. "Sterilized" means the animal is surgically rendered incapable of reproduction by means of castration or an ovariohysterectomy. X. "Stray animal" means any pet animal found within the city without an apparent owner, custodian or home. 6.08.040 Licensing and registration requirements. A. Licenses Required. Except for licensed veterinarians and kennels, it is unlawful for any person to own, keep or have control of any dog in the city older than six months of age unless a license has been procured for such animal. Licenses are valid for the calendar year for which they are issued, expiring on the thirty -first of December of the licensing year. Failure to license a pet is a civil infraction. Licenses are voluntary for cats and other pet animals for identification purposes. B. Issuance of Licenses, Tags — Collars. The issuing authority or agent shall issue licenses and appropriate identification tags for each animal licensed upon receipt of dog registration application . The owner or custodian shall ensure that the identification tag is worn by the animal at all times. Agenda Item 8. a. Unified Development Code Page 10 of 340 1. Supplemental Identification. Upon payment of the appropriate license fee, the owner shall be issued an identification tag, which must be worn by the animal at all times. 2. Lack of Authorized and Current Tag. A dog without an authorized and current license tag may be impounded, except as otherwise set forth in this chapter. C. Annual License Fees. License fees shall be established by resolution of the city council. In establishing the license fee, the council may consider the number of animals needed to be licensed by one owner, the age of the owner, and whether the animal is spayed or neutered and any other applicable criteria. D. Date Due. Except as otherwise provided below, all licenses granted under this chapter shall be valid for the current calendar year, expiring on the thirty -first of December. A yearly notice will be sent out to all registered pet owners reminding them of their renewal date. E. Senior Citizen Lifetime License. Animals whose owners are 65 years of age or older, may be granted a license good for the life of their pet upon payment of a one time license fee as established by resolution of the city council. F. Licenses Nontransferable. Licenses shall not be transferable from one pet animal to another. 44G. License Fee Exemptions. The following animals are required to be licensed, but are exempt from licensing fees: 1. A professionally trained and certified guide dog owned or in the custody of a blind or partially blind person; 2. A signal dog owned by or in the custody of a deaf person or a person whose hearing is impaired. A "signal dog" shall mean any dog trained to alert a deaf person, or a person whose hearing is impaired, to intruders or sounds; 3. A service dog owned by or in the custody of a physically disabled person. A "service dog" shall mean any dog individually trained to the physically disabled participant's requirements including, but not limited to, minimal protection work, rescue work, pulling a wheelchair, or fetching dropped items; 4. Police dogs trained and actively assisting in law enforcement operations; 5. Dogs in training programs sponsored by licensed and approved agencies identified with providing trained animals to disabled individuals or law enforcement agencies. Agenda Item 8. a. Unified Development Code Page 11 of 340 6.08.050 Regulations and violations relating to pet animals. Owners and /or custodians are responsible for the behavior of animals in their ownership or care and are in violation of the terms of this chapter if: A. Pet Animal At Large. The owner's /custodian's pet animal is at large as defined in YMC 6.08.030; provided, however, this section shall not prohibit the owner and pet animal from participating in an organized show or training, exercise or hunting session in locations designated and authorized for that purpose. Pet animal at large is a civil infraction. B. Nuisance Pet Animal. The owner's /custodian's pet animal constitutes a nuisance pet animal as defined in YMC 6.08.030. Nuisance pet animal is a civil infraction. C. Pet Animal on Public Property. The owner's /custodian's pet animal is on public property such as a public park, sidewalks, streets or school grounds and not on a leash held by a person who is able to maintain physical control, or proper safeguards have not been taken to protect the public and property from injury or damage from said animal, or is in violation of additional specific restrictions which have been posted. Such restrictions shall not apply to guide dogs for the visually impaired or service animals for the physically handicapped or public property specifically designated by the city of Yelm as not requiring a leash. Pet animal on public property is a civil infraction. D. Keeping of a Dangerous or Potentially Dangerous Dog. Any person violating the provisions of this chapter relating to keeping, securing or confining of dangerous dogs shall be deemed guilty of a gross misdemeanor or potentially dangerous dogs shall be deemed guilty of a misdemeanor. E. Injury to a Person or Animal. Such person's pet animal cause's injury to a person or domestic or pet animal. Injury to a person or animal, including livestock, is a misdemeanor. F. Accumulation of Feces. Allow the accumulation of cat or dog feces in any open area, run, cage or yard wherein dogs and /or cats are kept and to fail to remove or dispose of feces at least once every 24 hours. G. Failure to Remove Fecal Material. Such person fails to remove animal fecal matter when accompanying an animal off the owner's property; or from another's property; or from public property. Such person shall possess and use the equipment or material necessary to remove animal fecal matter. Failure to remove fecal material is a civil infraction. Owners of duly licensed guide dogs shall be exempted from this subsection G. H. Failure to Provide Humane Care. Such person fails to provide a pet animal with humane care as defined in YMC 6.08.030(K). Failure to provide humane care is a misdemeanor. Failure to Meet Terms of Quarantine. Such person fails to accept or to meet the terms of a quarantine notice served pursuant to Thurston County health Agenda Item 8. a. Unified Development Code Page 12 of 340 department regulation after an animal has bitten a person. Failure to meet terms of quarantine is a misdemeanor. J. Confinement or Restraint of a Pet Animal. A pet animal shall not be trapped in any manner that subjects the animal to injury inherent in the mechanism of the trap. A humane box trap may be set on a complainant's property for the purpose of trapping nuisance pet animals. Animals, which are caught in such a trap, must be returned to their owners or taken to animal services. Injurious confinement or restraint of a pet animal is a misdemeanor. K. Venomous and Constrictor Reptiles. A humane and secure facility shall be provided for constrictor type reptiles over eight feet in length and all venomous reptiles. Escape of any venomous reptile or a constrictor type reptile over eight feet in length must be reported immediately to animal services. Failure to comply constitutes a misdemeanor. L. Unlawful Release of Pet Animal. No person other than the owner or an officer acting in an official capacity to enforce this chapter shall release a pet animal from any enclosed area within which the animal is properly restrained or from any restraining device such as a leash by which the animal is properly restrained. Unlawful release of a pet animal is a misdemeanor. M. Possession of Sick Animal. Have possession or control of any animal sick or afflicted with any infectious or contagious disease and fail to provide treatment for such infection or disease, or suffer or permit such diseased or infected animal to run at large, or come in contact with other animals, or drink at any public or common watering trough or stream accessible to other animals. Possession of a sick animal is a misdemeanor. N. Offenses Relating to Cruelty and /or Abandonment. The provisions of Chapters 16.52 and 16.54 RCW, as now or hereafter amended, are by this reference adopted as though here fully set forth. O. Owning Vicious Animals Prohibited — Exception. It is unlawful to own a vicious animal with knowledge that the animal is vicious, or with reckless disregard of the fact that the animal is vicious; provided, however, that this prohibition shall not apply to guard dogs that are to protect innocent third parties, controllable by their owners /handlers, and adequately confined is a misdemeanor. P. Offenses Relating to Sale of Animals. For the purpose of public and consumer safety, it is unlawful to: 1. Sell any animal known to be sick or injured unless the buyer is given, at the time of sale, written notice of the condition of the animal; 2. Sell any animal known to be a vicious or destructive animal; 3. Sell any dangerous animal except to zoos or other facilities possessing or maintaining dangerous animals which are owned by any city, county, state or federal agency or school, college, university or similar educational facility. Agenda Item 8. a. Unified Development Code Page 13 of 340 Any violation of the above offenses as defined in this subsection P relating to the sale of animals is a misdemeanor. #R -Q. Offenses Relating to Licensing. It is unlawful for the owner or custodian of any animal to: 1. Fail to display conspicuously any current and valid license identification tag on the licensed animal, except as otherwise provided in this chapter; 2. Fail to show any animal's license upon request of any animal control officer or any police officer therefore; 3. Use or permit another person to use a license or license identification not issued to such person for his animal; 4. Remove a valid license identification from any cat or dog without owner's consent, and that of the issuing authority; 5. Alter a license in any manner; 6. Make a false or misleading statement or representation regarding the ownership or right to custody or control of an animal redeemed from, surrendered to, detained by the director; 7. Remove any detained animal from the city animal shelter or a department vehicle without the written consent of the animal control officer or other representative of the issuing authority; or 8. Affix any animal identification tag to any animal for which such tag and license were not issued. Any violation of the above relating to licensing and registration is a civil infraction. SECTION 12. A new title is added to the Yelm Municipal Code at Title 18 — Unified Development Code. The new title is Exhibit A to this Ordinance. SECTION 13. A new title is added to the Yelm Municipal Code at Title 15 — Franchises. The new title is Exhibit B to this Ordinance. SECTION 14. A new chapter is added to the Yelm Municipal Code at Chapter 9.86 —Adult Entertainment Business. The new Chapter is Exhibit C to this Ordinance. Agenda Item 8. a. Unified Development Code Page 14 of 340 SECTION 15. A new chapter is added to the Yelm Municipal Code at Chapter 5.52 —Adult Entertainment Business Licensing. The new Chapter is Exhibit D to this Ordinance. SECTION 16. This ordinance shall take effect five days after passage, approval, and publication. PASSED by the City Council of Yelm this 27th day of January, 2015. Ron Harding, Mayor Authenticated: Janine A. Schnepf, City Clerk PUBLISHED: Nisqually Valley News, February 6, 2015 EFFECTIVE DATE: February 11, 2015 Agenda Item 8. a. Unified Development Code Page 15 of 340 ORDINANCE NO. 995 EXHIBIT A Title 18Yelm Municipal Code Unified Development Code Agenda Item 8. a. Unified Development Code Page 16 of 340 Agenda Item 8. a. Unified Development Code Page 17 of 340 UNIFIED DEVELOPMENT CODE General Provisions Review, Administration, and Enforcement Environment Buildings and Construction Zoning Design Standards Agenda Item 8. a. Unified Development Code Page 18 of 340 Agenda Item 8. a. Unified Development Code Page 19 of 340 UNIFIED DEVELOPMENT CODE GENERAL PROVISIONS Table of Contents CHAPTER 18.01- GENERAL PROVISIONS ........................................................................................ ..............................1 18.01.010 TITLE ..................................................................................................................... ..............................1 18.01.020 AUTHORITY ............................................................................................................. ..............................1 18.01.030 PURPOSE ................................................................................................................ ..............................1 18.01.040 ORGANIZATION OF THIS TITLE ..................................................................................... ..............................1 18.01.050 ADMINISTRATION OF THE TITLE ................................................................................... ..............................2 18.01.060 INTERPRETATION AND APPLICATION ............................................................................. ..............................2 18.01.070 FEES ...................................................................................................................... ..............................2 18.01.080 TIME COMPUTATION ................................................................................................. ..............................2 18.01.090 PRE- EXISTING, NON - CONFORMING STRUCTURES, USES AND LOTS ....................................... ..............................2 CHAPTER 18.02 - DEFINITIONS ........................................................................................................ ..............................4 18.02.010 INTENT ................................................................................................................... ..............................4 18.02.020 USE AND INTERPRETATION GENERALLY ......................................................................... ..............................4 18.02.030 INTERPRETATION IN CASE OF CONFLICTING DEFINITIONS ................................................... ..............................4 18.02.040 SPECIFIC DEFINITIONS ................................................................................................ ..............................5 CHAPTER 18.03 - HEARING EXAMINER .......................................................................................... .............................15 18.03.010 INTENT .................................................................................................................. .............................15 18.03.020 ESTABLISHMENT OF HEARING EXAMINER SYSTEM .......................................................... .............................15 18.03.030 APPOINTMENT ....................................................................................................... .............................15 18.03.040 QUALIFICATIONS ..................................................................................................... .............................15 18.03.050 EXAMINER PROTEMPORE — QUALIFICATIONSANDDUTIES ................................................ .............................15 18.03.060 CONFLICT OF INTEREST AND FREEDOM FROM IMPROPER INFLUENCE .................................. .............................15 18.03.070 RULES ................................................................................................................... .............................16 18.03.080 POWERS AND DUTIES ............................................................................................... .............................16 CHAPTER 18.04 - PLANNING COMMISSION .................................................................................. .............................17 18.04.010 MEMBERS & TERMS OF OFFICE .................................................................................. .............................17 18.04.020 VACANCY FILLING .................................................................................................... .............................17 18.04.030 RULES OF PROCEDURE AND OFFICERS .......................................................................... .............................17 18.04.040 QUORUM .............................................................................................................. .............................17 18.04.050 POWERS AND DUTIES ............................................................................................... .............................17 18.04.060 COMPENSATION ..................................................................................................... .............................18 18.04.070 COMMISSION STAFF ................................................................................................. .............................18 CHAPTER 18.05 - HISTORIC PRESERVATION COMMISSION .......................................................... .............................19 18.05.010 MEMBERS & TERMS OF OFFICE .................................................................................. .............................19 18.05.020 VACANCY FILLING .................................................................................................... .............................19 18.05.030 RULES OF PROCEDURE AND OFFICERS .......................................................................... .............................19 18.05.040 QUORUM .............................................................................................................. .............................19 18.05.050 POWERS AND DUTIES ............................................................................................... .............................19 18.05.060 COMPENSATION ..................................................................................................... .............................21 18.05.070 COMMISSION STAFF ................................................................................................. .............................21 Agenda Item 8. a. Unified Development Code Page 20 of 340 Agenda Item 8. a. Unified Development Code Page 21 of 340 CHAPTER 18.01 - GENERAL PROVISIONS 18.01.010 Title This title shall be known as the "Yelm Unified Development Code." 18.01.020 Authority This title is enacted pursuant to the authority vested in the City by Chapters 35.21, 58.10, 58.17, 36.70A, and 43.21C of the Revised Code of Washington (RCW), and that power and responsibility of the City to provide for the health, safety and general welfare of its citizenry and the public. 18.01.030 Purpose A. This code was created to assure that review and approval of any land use or permit decision is based on implementing the goals and policies of the City of Yelm Comprehensive Plan and Joint Plan with Thurston County, pursuant to the mandated provisions of the State of Washington's Growth Management Act (Chapter 36.70A RCW), Subdivision Act (Chapter 58.17 RCW), State Environmental Policy Act (SEPA) (Chapter 43.21C RCW), and other applicable state and local laws. If the provisions of this code conflict with any provision of the RCW, the RCW shall prevail. B. Other chapters have additional intent or purpose sections applicable to those chapters, which are to be read in concert with the purposes of the title as a whole. 18.01.040 Organization of this title This code is intended to be used as a single integrated document. Each part contributes to a unified regulatory system. The code is organized in divisions. Division 1 - General Provisions: Provisions that apply to all aspects of land development. Division 2 - Review, Administration, and Enforcement: Establishes different types of review, applications, processes, administration and enforcement of this code. Division 3 - Environment: Provides regulation regarding environmental concerns and protection. Division 4 - Buildings and Construction: Guides the approval of buildings and other structural requirements. Division 5 - Zoning: Establishes uses allowed by district. Division 6 - Design Standards: Provides regulation and design standards for all development within the City. Agenda Item 8. a. Unified Development Code Page 22 of 340 18.01.050 Administration of the title The administrator of this title shall be the Community Development Director or his /her designee. 18.01.060 Interpretation and application In their interpretation and application, the provisions of this title shall be held to be minimum requirements, adopted for the promotion of the public health, safety and general welfare. Nothing in this title is intended to impair, annul or abrogate any easement, covenant or other agreement between parties, public or private; however, if any provision of this title is found to be in conflict with any other provision of any zoning, building, fire, safety or health ordinance or code of the City, the provision which establishes the higher standard shall prevail. 18.01.070 Fees Applications for permits or other approvals pursuant to this title shall be subject to concurrent payment of any applicable fee as set forth in the Yelm development fee schedule adopted by resolution of the City Council. Such fees shall not be refundable unless authorized by the approval authority. Until all fees have been paid in full, no action shall be taken on the petition or application. 18.01.080 Time computation In computing any period of time prescribed by this title, the day of the act from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday or a City holiday, in which case the period runs until the end of the next day which is neither a Saturday, Sunday or a City holiday. 18.01.090 Pre - existing, non - conforming structures, uses and lots A. Structures. 1. Pre - existing, non - conforming structures may be maintained, provided that they shall not be enlarged, expanded or extended in a manner which would increase the nonconforming aspects of the structure. 2. Pre - existing, non - conforming structures shall not be relocated unless the move results in bringing the structure into closer conformance with the design standards of the Unified Development Code. B. Uses. A non - conforming use of a structure or land, shall not be extended or enlarged after the effective date of the ordinance codified in this title by attachment on a building or premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved. Agenda Item 8. a. Unified Development Code Page 23 of 340 A non - conforming use shall be deemed abandoned by discontinuance or abandonment for a period of 18 consecutive months, and any subsequent future use of such land or buildings shall be in conformity with the provisions of this title. C. Lots. In any district in which single - family dwellings are permitted, a single - family dwelling and customary accessory buildings may be erected on any single lot of record, notwithstanding limitations imposed by other provisions of this title. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. Agenda Item 8. a. Unified Development Code Page 24 of 340 CHAPTER 18.02 - DEFINITIONS 18.02.010 Intent It is the intent of this chapter to promote consistency and precision in the interpretation of this title and to define (and illustrate, where necessary) certain words, terms and phrases in the interest of reducing to a minimum the misunderstanding which may occur in the absence of such definition. 18.02.020 Use and interpretation generally In addition to the definitions in this title, the definitions from the following documents are adopted by reference: • International Building Code and Chapter 51 -50 WAC • International Residential Code and Chapter 51 -51 WAC • International Mechanical Code and Chapter 51 -52 WAC • Uniform Plumbing Code and Chapters 51 -56 WAC • Washington State Energy Code and Chapters 51 -11C and 51 -11R WAC • International Fire Code and Chapter 51 -54A WAC • State Subdivision Act, Chapter 58.17 RCW • State Condominium Act, Chapter 64.34 RCW • State Environmental Policy Act, Chapters 43.21C RCW and 197 -11 WAC • Growth Management Act, Chapter 36.70A RCW • Local Project Review, Chapter 36.70B RCW • Floodplain Management, Chapter 173 -158 WAC Words not defined in this title, the documents adopted by reference, the Yelm Municipal Code (YMC), the Washington Administrative Code (WAC), or the Revised Code of Washington (RCW) shall be as defined in the latest edition of Webster's Third New International Dictionary. Words used in the present tense include the future; the singular term includes the plural and the plural the singular. "Shall" is always mandatory and "May" denotes a use of discretion. 18.02.030 Interpretation in case of conflicting definitions In addition to the words and terms defined in this chapter, several sections of this title contain definitions specifically related to those sections. In the event of conflict between definitions in this list and those shown in other sections of this title, the definition in the other section shall govern within the context of the section within which it appears. Agenda Item 8. a. Unified Development Code Page 25 of 340 18.02.040 Specific definitions "A" Definitions "Abutting" means having a common boundary, except that parcels having no common boundary other than a common corner shall not be considered abutting. "Appeal, closed record" means an administrative appeal on the record, where no or limited new evidence or information is allowed to be submitted, and only appeal argument is allowed. "Area of special flood hazard" means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letter "A ". "Automobile wrecking" means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts. The presence on any parcel of land of five or more motor vehicles which for a period exceeding 30 days have not been capable of operating under their own power, and from which parts have been or are to be removed for reuse or sale shall constitute evidence of an automobile wrecking yard. "B" Definitions "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year. Designations on maps always include the letter "A ". "Bed and breakfast" means a facility offering from one to eight lodging units and breakfast to travelers and guests. "Breakaway wall" means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. "C" Definitions "Concurrency" means a determination that the facilities necessary to serve a proposed land development are in place or planned for and properly funded with a reasonable expectation that the facilities will be in place at the time needed to preserve adopted levels of service. "Condominium" means real property, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in the unit owners, and unless a Agenda Item 8. a. Unified Development Code Page 26 of 340 declaration and a survey map and plans have been recorded pursuant to this chapter. "Condominium" means either: a. A division which is made by subjecting a portion of the land to Chapter 64.32 RCW and for which a binding site plan has been approved; or b. A dwelling, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions under the provisions of Chapter 64.32 RCW. A dwelling is not a condominium unless the undivided interests in the common elements are vested in the unit owners, and unless a declaration and a survey map and plans have been recorded with the County Auditor. "Contiguous land" means land touching other land at one or more points and having the same owner regardless of whether or not portions of the parcels have separate tax lot numbers, were purchased at different times, lie in different sections, are different government lots or are separated from each other by watercourses or private easements. "Critical facility" means a facility for which even a slight chance of flooding, might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, and installations that produce, use, or store hazardous materials or hazardous waste. "Cumulative substantial value" means flood - related damages sustained by a structure on two separate occasions during a 10 year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 26 percent of the market value of the structure before the damage occurred. "D" Definitions "Development" in the context of flood damage prevention means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment located within the area of special flood hazard. "Development agreement" means an agreement between the City and a property owner setting forth the applicable development standards and other provisions, including mitigation, which vest the development, and which are consistent with the development regulations at the time the agreement is entered into. Approval of a development agreement is obtained after a public hearing. Agenda Item 8. a. Unified Development Code Page 27 of 340 "E" Definitions "Elevation certificate" means the official form (FEMA Form 81 -31) used to track development, provide elevation information necessary to ensure compliance with Chapter 18.21 YMC, and determine the proper insurance premium rate with Section B completed by the administrator. "Elevated building" means, for insurance purposes, a nonbasement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns. "Essential public facility" means those infrastructure facilities that serve the residents of Yelm that are typically difficult to site. For Yelm, essential public facilities include such facilities as streets, domestic water systems, storm and sanitary sewer systems, public safety and emergency response facilities, parks and recreational facilities, schools, hospitals and emergency medical centers, railroad terminals and facilities, and electric /natural gas substations and appurtenances. "F" Definitions "Family" means an individual, or two or more persons living together in a dwelling unit as a single housekeeping unit. The term "family" shall also include such other persons as may be included in any definition required by state or federal law. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: a. The overflow of inland or tidal waters; and /or b. The unusual and rapid accumulation of runoff of surface waters from any source. "Flood insurance study" (FIS) means the official report provided by the Federal Insurance Administration that includes flood profiles and the water surface elevation more than one foot. "Floodway" means the channel of a river or other watercourse and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the surface water elevation more than one foot, also known as the "zero rise floodway." "Floor area" means the sum of the gross horizontal area of the floor or floors measured from the exterior faces of the exterior walls, Agenda Item 8. a. Unified Development Code Page 28 of 340 including elevator shafts and stairwells on each floor and all horizontal areas having a ceiling height of seven feet or more, but excluding all parking and loading spaces, cellars, unroofed areas, roofed areas open on two sides, areas having ceiling height of less than seven feet and basements used exclusively for storage or housing of mechanical or central heating equipment. "Floor area, gross" means the sum of the total horizontal areas of the several floors of all buildings on a lot, measured from the interior faces of exterior walls. a. The term "gross floor area" includes basements, elevator shafts and stairwells at each story, floor space used for mechanical equipment with structural head room, interior balconies and mezzanines. b. The gross floor area of structures devoted to bulk storage of materials including, but not limited to, grain elevators and petroleum storage tanks, shall be computed by counting each 10 feet of height or fraction thereof, as being equal to one floor. c. The term "gross floor area" shall not include cellars or outside balconies that do not exceed a projection of 6 feet beyond the exterior walls of the building. Parking structures below grade and rooftop mechanical structures are excluded from gross floor area. "G" Definitions "Grade" in the context of signage, means the elevation or level of the street closest to the sign to which reference is made, as measured at the street's centerline, or the relative ground level in the immediate vicinity of the sign. "H" Definitions "Hazard areas" means areas designated as frequently flooded areas or geologically hazardous areas due to potential for erosion, landslide, seismic activity, mine collapse, or other geological condition. "I" Definitions "Increased cost of compliance" means a flood insurance claim payment up to $30,000 directly to a property owner for the cost to comply with floodplain management regulations after a direct physical loss caused by a flood. Eligibility for an ICC claim can be through a single instance of "substantial damage" or as a result of a "cumulative substantial damage." "Y' Definitions Agenda Item 8. a. Unified Development Code Page 29 of 340 "K" Definitions "Kennel" means a place where adult dogs are kept by persons providing the service of facilities for breeding, and the offspring thereof are sold for profit; or where such animals are received for care, training and boarding for compensation; but not including a small animal hospital, clinic, or pet shop. "L" Definitions "Lot" means a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood- resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this title found at Section 18.21.080 YMC. "M" Definitions "Manufactured home" at the time of manufacture is still considered to meet this definition notwithstanding that it is no longer transportable Section 46.04.302 RCW. Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term manufactured home also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 days consecutive days. For insurance purposes the term manufactured home does not include travel trailers, and other similar vehicles. "Manufactured housing community" means a residential development typified by single ownership of land within the development, with the landowner retaining the rights of ownership. Home sites within the community are leased to individual homeowners, who retain customary leasehold rights. "N" Definitions "Nonconforming building or structure" means a building, structure or portion thereof that was legally in existence, either constructed or altered prior to the effective date of the ordinance codified in this title, which does not conform with the requirements of this title. Agenda Item 8. a. Unified Development Code Page 30 of 340 "Nonconforming lot" means a parcel of land, in separate ownership, and of record prior to the effective date of the ordinance codified in this title, which does not conform to the dimensional or area requirements of this title. "Nonconforming use" means an activity in a structure or on a tract of land that was legally in existence prior to the effective date of the ordinance codified in this title, which does not conform to the use regulations of the use district in which it is located. "Nonconformity" means a legally established existing use or legally constructed structure that is not in compliance with current regulations. "0" Definitions "Open record hearing" means a hearing that creates the record through testimony and submission of information. An open record hearing held prior to a decision is an "open record predecision hearing." "Owner" means the fee simple owner as designated on the Thurston County Assessor's record. "P" Definitions "Principal use" means the specific and primary purpose for which land or building is occupied, arranged, designed or intended, or for which either land or building is or may be occupied or maintained. "Project permit" means any land use or environmental permit or license, including: binding site plans, building permits, critical area approvals, subdivisions, master plans, planned unit developments, site plan review, and special uses. "Proportionate share" means that portion of the cost of public facility improvements that are reasonably related to the service demands and needs of new development. "Q" Definitions "R" Definitions "Recreational vehicle" means a vehicle which is: a. Built on a single chassis; b. 400 square feet or less when measured at the largest horizontal projection; c. Designed to be self - propelled or towable by a light duty truck; and d. Designed primarily not for use as a permanent dwelling but as Agenda Item 8. a. Unified Development Code Page 31 of 340 temporary living quarters for recreational, camping, travel, or seasonal use. "Recreational vehicle park" means a parcel or tract of land having designated areas for rent to one or more persons for parking or placement of a recreational vehicle for less than 30 days, as opposed to permanent year -round occupancy. "Residential care facility" means a facility, licensed by the state, that cares for at least five but not more than 15 people in a state licensed facility, that has not been licensed as an adult family home pursuant to Chapter 70.128 RCW. These facilities include, but are not limited to: boarding homes as licensed by Chapter 18.20 RCW in accordance with Chapter 246 -316 WAC; residential treatment facility for psychiatrically impaired children and youth in accordance with Chapter 71.12 RCW and Chapter 246- 323 - 010(32) WAC; adult residential rehabilitation center in accordance with Chapter 71.12 RCW and Chapter 246- 325 - 010(3) WAC; private adult treatment home in accordance with Chapter 71.12 RCW and Chapter 246 -325- 010(28) WAC; alcoholism treatment facility in accordance with Chapter 71.12 RCW and Chapter 246- 326- 010(6) WAC; congregate care facility in accordance with Chapters 71.12 and 18.20 RCW and WAC 388 -15 -560; evaluation and treatment facility in accordance with Section 71.34.020(6) RCW; group training home in accordance with Section 71A.22.020(2) RCW; group care facility in accordance with Section 74.15.020(3)(x) RCW; and foster family homes in accordance with Section 74.15.020(3)(f) RCW or congregate care facilities for senior housing with central cooking facilities, group homes for children, safe -homes and comparable facilities as determined by the approval authority. "Retail establishment" means a business that is engaged in selling merchandise or goods to the general public for personal or household consumption. "Riparian habitat" means areas adjacent to aquatic systems with flowing water that contain elements of both aquatic and terrestrial ecosystems that mutually influence each other. The width of these areas extends to that portion of the terrestrial landscape that directly influences the aquatic ecosystem by providing shade, fine or large woody material, nutrients, organic and inorganic debris, terrestrial insects, or habitat for riparian- associated wildlife. Widths shall be measured from the ordinary high water mark or from the top of bank if the ordinary high water mark cannot be identified. It includes the entire extent of the floodplain and the extent of vegetation adapted to wet conditions as well as adjacent upland plant communities that directly influence the those riparian areas development activities "S" Definitions Agenda Item 8. a. Unified Development Code Page 32 of 340 stream system. Riparian habitat areas include severely altered or damaged due to human "Service oriented establishment" means a business that provides a specific or variety of services for individuals and businesses. "Setback" means the distance between any building foundation, and the adjacent facing lot line. "Site plan review committee" means a committee created by the City Administrator to administer sections of this title. "Special flood hazard areas" means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letter "A ". "Start of construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and /or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. "Structure" used in the context of flood damage prevention means a walled and roofed building including a gas or liquid storage tank that is principally above ground. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before - damage condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: a. Before the improvement or repair is started; or Agenda Item 8. a. Unified Development Code Page 33 of 340 b. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: a. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or b. Any alteration of a structure listed on the national register of historic places or a state inventory of historic places. "Support structure" in the context of wireless communication facilities means the structure to which antennas and other necessary associated hardware are mounted. Support structures include but are not limited to the following: a. Guyed tower: a support structure, consisting of metal cross strips or bars, which is steadied by wire guys in a radial pattern around the tower. b. Lattice tower: a support structure that consists of a network of crossed metal braces, forming a tower, which is usually triangular or square in cross - section. c. Monopole: a support structure that consists of a single pole sunk into the ground and /or attached to a foundation. d. Existing nonresidential structure: existing structures as specified in Section 18.69.020 YMC to which antennas may be attached which conform to the requirements of Chapter 18.69 YMC. "T" Definitions "Transfer of development rights" means the removal of the right to develop or build from land in one site, parcel, area or zoning district to another where such transfers are permitted. "U" Definitions "V" Definitions "Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. "W" Definitions Agenda Item 8. a. Unified Development Code Page 34 of 340 "X" Definitions "Y" Definitions "Yard" means an open space unoccupied to the sky of uniform depth or width which lies between the property line and building line, or between the shoreline and the building line. The inside boundary shall be considered parallel to the nearest property line. "Yard, flanking" means a yard on a corner building site extending from the front yard to the rear yard and measured as to the depth at the least horizontal distance between the street line of the flanking street and the exterior wall. "Yard, front" means a yard extending across the full width of the lot from one property line to another and measured as to depth at the least horizontal distance between street line and the exterior wall. "Yard, rear" means a yard extending from one property line to another except in the case of corner building sites when the rear yard shall extend from the interior side property line to the opposite side yard. Yard is measured as to depth at the least horizontal distance between the rear site line and the exterior wall. "Yard, side" means a yard extending from the front yard to the rear yard except in the case of corner building sites when the side yard on the flanking street shall extend to the rear property line. "Z" Definitions "Zoning map, official" means the parcel- specific map of the City of Yelm entitled "Official Zoning Map, City of Yelm," establishing the location and boundaries of the zoning districts established by this chapter. Agenda Item 8. a. Unified Development Code Page 35 of 340 CHAPTER 18.03 - HEARING EXAMINER 18.03.010 Intent It is the intent of the chapter to: A. Provide a single, efficient, integrated land use regulatory system which integrates the public hearing and decision - making process for land use matters; B. Provide a greater degree of due process in land use regulatory hearings and expand the principles of appearance of fairness; and C. Separate the land use policy formulation and the land use policy administration process. 18.03.020 Establishment of Hearing Examiner system The Hearing Examiner shall interpret, review and implement land use regulations as provided in this code and other ordinances. The term Hearing Examiner shall likewise include the Hearing Examiner pro -tem. 18.03.030 Appointment The Hearing Examiner and Examiner pro -tem shall be appointed by the Mayor and confirmed by the City Council. 18.03.040 Qualifications The Hearing Examiner shall be appointed solely with regard to qualifications for the duties of such office which shall include, but not be limited to, persons with appropriate educational experience, such as an urban planner, public administrator, or land use attorney with at least five years experience, persons who have extensive experience in planning work in a responsible capacity, and persons with legal experience, particularly where the experience is in the area of land use management of administrative law. The Hearing Examiner shall hold no other elective or appointive office or position in the City of Yelm. 18.03.050 Examiner pro tempore — qualifications and duties The Hearing Examiner pro -tem shall, in the event of the absence or the inability of the Hearing Examiner to act, have all the qualifications, duties and powers of the Hearing Examiner. 18.03.060 Conflict of interest and freedom from improper influence The Hearing Examiner shall not conduct or participate in any hearing or decision in which the Hearing Examiner has a direct or indirect personal or financial interest which might exert such influence upon the Hearing Examiner as to interfere with his /her decision making process. Any actual or potential conflict of interest shall be disclosed to the parties immediately upon discovery of such conflict. Agenda Item 8. a. Unified Development Code Page 36 of 340 Participants in the land use regulatory process have the right, insofar as possible, to have the Hearing Examiner free from personal interest or pre - hearing contacts on land use regulatory matters considered by him or her. It is recognized that there is a countervailing public right to free access to public officials on any matter. If such personal or pre- hearing interest contact impairs the Hearing Examiner's ability to act on the matter, such person shall so state and shall abstain there from to the end so that the proceeding is fair and has the appearance of fairness, unless all parties agree in writing to have the matter heard by said Hearing Examiner. No council member, City official, or any other person shall attempt to interfere with, or improperly influence the Hearing Examiner in the performance of his /her designated duties. This section shall not prohibit the City Attorney from rendering legal services to the Hearing Examiner upon request. 18.03.070 Rules The Hearing Examiner shall have the power to prescribe rules for the scheduling and conduct of hearings, to administer oaths, and other rules of procedure as related to the duties of his /her office. 18.03.080 Powers and duties The Hearing Examiner shall conduct public hearings for the purpose of receiving and examining available information, prepare a record thereof, and enter findings of fact and conclusions based upon these facts and a decision which shall represent the final action on the application, unless appealed. The Hearing Examiner shall receive and examine available information, conduct public hearings, prepare a record thereof and enter findings of fact and conclusions based on those facts, together with a recommendation to the City Council. The Hearing Examiner shall make recommendations for revision to relevant codes and ordinances which will clarify or otherwise improve the development review process. Agenda Item 8. a. Unified Development Code Page 37 of 340 CHAPTER 18.04 - PLANNING COMMISSION 18.04.010 Members & terms of office There is created a City Planning Commission consisting of seven members who shall be appointed by position by the Mayor of the City subject to confirmation by the City Council. The term of office of the members shall be six years. 18.04.020 Vacancy filling Vacancies on the Planning Commission shall be filled by appointment of the Mayor subject to confirmation by the City Council for the unexpired terms. Members may be removed by the Mayor, with the approval of the City Council for inefficiency, neglect of duty, malfeasance in office, or for failing to attend three consecutive meetings that are not excused. 18.04.030 Rules of procedure and officers The Planning Commission shall adopt rules of procedure consistent with state law to guide its activities and shall designate one of its members to serve as chair for a term to be specified in the rules of procedure. 18.04.040 Quorum A majority of the members of the Planning Commission constitutes a quorum for the transaction of business. Any action taken by a majority of those present, when those present constitute a quorum at any regular or special meeting of the Planning Commission, shall be deemed and taken as the action of the Planning Commission. 18.04.050 Powers and duties A. The Planning Commission shall have all of the powers, and shall perform all of the duties specified by the laws of the state including, but not limited to, Chapters 35A.63 and 36.7013 RCW. B. The Planning Commission may prepare a comprehensive plan for the physical and other generally advantageous development of the City. C. For any and all such purposes the City Council, on recommendation of the Planning Commission, may divide the municipality or any portion thereof into districts of such size, shape and area, or may establish such official maps or development plans for the whole or any portion of the municipality as may be deemed best suited to carry out the purposes of this chapter and within such districts as may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land. D. The City Council may refer to the Planning Commission for its recommendation and report of ordinances, resolution or other proposal Agenda Item 8. a. Unified Development Code Page 38 of 340 relating to any of the matters and subjects authorized by state law. The Planning Commission shall promptly report to the City Council all of such matters referred to them, making such recommendations as it may deem proper. 18.04.060 Compensation All members shall serve without compensation. 18.04.070 Commission staff Commission and professional staff assistance shall be provided by the Community Development Department with additional assistance and information to be provided as necessary to aid the Planning Commission in carrying out its duties and responsibilities under this chapter. Agenda Item 8. a. Unified Development Code Page 39 of 340 CHAPTER 18.05 - HISTORIC PRESERVATION COMMISSION 18.05.010 Members & terms of office There is created a Yelm Historic Preservation Commission consisting of up to eight members who shall be appointed by the Mayor of the City subject to confirmation by the City Council. The term of office of the members shall be six years. 18.05.020 Vacancy filling Vacancies on the Historic Preservation Commission shall be filled by appointment of the Mayor subject to confirmation by the City Council for the unexpired terms. Members may be removed by the Mayor, with the approval of the City Council for inefficiency, neglect of duty, malfeasance in office, or for failing to attend three consecutive meetings that are not excused. 18.05.030 Rules of procedure and officers The Historic Preservation Commission shall adopt rules of procedure consistent with state law to guide its activities and shall designate one of its members to serve as chair for a term to be specified in the rules of procedure. 18.05.040 Quorum A majority of the members of the Historic Preservation Commission constitutes a quorum for the transaction of business. Any action taken by a majority of those present, when those present constitute a quorum at any regular or special meeting of the Historic Preservation Commission, shall be deemed and taken as the action of the Historic Preservation Commission. 18.05.050 Powers and duties The major responsibility of the Historic Preservation Commission is to identify and actively encourage the conservation of the City's historic resources by initiating and maintaining a register of historic places and reviewing proposed changes to register properties; to raise community awareness of the City's history and historic resources, and to serve as the City's primary resource in matters of history, historic planning, and preservation. In carrying out these responsibilities, the Historic Preservation Commission shall engage in the following: A. Conduct and maintain the inventory of historic resources within the boundaries of the City known as the Yelm historic inventory (inventory); publicize and periodically update inventory results. Properties listed on the inventory shall be separate and distinct from the "national register," "state register" and "local register "; B. Maintain the Yelm register of historic places (register). This official register shall be compiled of buildings, structures, sites, objects, and Agenda Item 8. a. Unified Development Code Page 40 of 340 districts identified by the Historic Preservation Commission as having historic significance worthy of recognition by the City. The object may be a thing of functional, aesthetic, cultural, historical or significant historic value. A district shall possess a significant concentration, linkage of sites or structures united by past events, aesthetic or physical development; C. Review nominations to the register. The Historic Preservation Commission shall consider the merits of the nomination according to criteria in Section 18.15.060 YMC; D. Issue a certificate of appropriateness, with or without mitigating conditions, for proposals to change, alter, modify, remodel, move, or significantly affect properties or districts on the register, certifying the changes do not adversely affect the historic characteristics of the property that contribute to its designation; E. Cause the removal of a site, building, object, or district from the register according to criteria in Section 18.15.070 YMC; F. Promote, conduct, and participate in information, educational and interpretive programs which pertain to historic resources; G. Establish liaison support, communication and cooperation with federal, state, and other local government entities which will further historic preservation objectives; H. Review and comment to the City Council on land use, housing and redevelopment, municipal improvement and other types of planning and programs undertaken by any agency of the City, other neighboring communities, the county, the state or federal governments, as they relate to historic resources of the City; I. Advise the City Council generally on matters relating to Yelm's history and historic preservation; J. Officially recognize excellence in the rehabilitation of historic buildings, structures, sites and districts, and new construction in historic areas, and encourage appropriate measures for such recognition; K. Submit nominations to the state and national registers of historic places, as deemed appropriate; L. Investigate and report to the City Council on the use of various federal, state, local or private funding sources available to promote historic resource preservation in the City; M. Serve as the local review board for the purpose of approving applications for special property tax valuation per Chapter 84.26 RCW and for the purpose of entering into agreements with the property owner for the duration of the special valuation during which time the review board Agenda Item 8. a. Unified Development Code Page 41 of 340 monitors the property for continued qualification for the special valuation per requirements of Chapter 84.26 RCW. 18.05.060 Compensation All members shall serve without compensation. 18.05.070 Commission staff Commission and professional staff assistance shall be provided by the Community Development Department with additional assistance and information to be provided as necessary to aid the Historic Preservation Commission in carrying out its duties and responsibilities under this chapter. Agenda Item 8. a. Unified Development Code Page 42 of 340 Agenda Item 8. a. Unified Development Code Page 43 of 340 UNIFIED DEVELOPMENT CODE REVIEW, ADMINISTRATION, and ENFORCEMENT Table of Contents CHAPTER 18.10 — INTEGRATED PROJECT REVIEW PROCESS .......................................................... ..............................1 18.10.010 INTENT AND GENERAL PROVISIONS ............................................................................... ..............................1 18.10.020 SITE PLAN REVIEW COMMITTEE .................................................................................. ..............................1 18.10.030 APPLICATION AND INTERPRETATION ............................................................................. ..............................1 18.10.040 CONSENTTO INSPECTION ........................................................................................... ..............................2 18.10.050 PROJECT CATEGORIZATION ......................................................................................... ..............................2 18.10.060 DETERMINATION OF COMPLETENESS ............................................................................ ..............................2 18.10.070 PERMIT VESTING ...................................................................................................... ..............................3 18.10.080 NOTICE OF APPLICATION ............................................................................................ ..............................3 18.10.090 FINAL DECISION AND NOTICE ...................................................................................... ..............................4 18.10.100 APPEALS ................................................................................................................. ..............................4 18.10.110 APPLICATION REQUIREMENTS ..................................................................................... ..............................6 18.10.120 ADDITIONAL APPLICATION REQUIREMENTS FOR CERTAIN APPLICATIONS ............................... ..............................8 CHAPTER 18.11- ENVIRONMENTAL REVIEW AND PERMITTING .................................................. .............................17 18.11.010 INTENT .................................................................................................................. .............................17 18.11.020 AUTHORITY ............................................................................................................ .............................17 18.11.030 PERMITS WITHIN A FLOOD HAZARD AREA ..................................................................... .............................17 18.11.040 CRITICAL AREAS REVIEW PROCESS ............................................................................... .............................17 18.11.050 DETERMINATION PROCESS ........................................................................................ .............................23 18.11.060 ADDITIONAL REQUIREMENTS FOR CERTAIN EXCEPTIONS ................................................... .............................24 18.11.070 MODIFICATIONS AND VARIANCES ............................................................................... .............................26 18.11.080 VARIANCES TO FLOOD DAMAGE PREVENTION ................................................................ .............................27 18.11.090 FLOOD DAMAGE PREVENTION APPEAL ......................................................................... .............................28 CHAPTER 18.12 - MINISTERIAL REVIEW ........................................................................................ .............................30 18.12.010 MINISTERIAL REVIEW - GENERALLY .............................................................................. .............................30 18.12.020 CONSTRUCTION PERMITS .......................................................................................... .............................30 18.12.030 RIGHT -OF -WAY USE PERMITS .................................................................................... .............................30 18.12.040 CERTIFICATE OF APPROPRIATENESSYELM HISTORIC REGISTER .......................................... .............................31 18.12.050 CIVIL PLAN REVIEW .................................................................................................. .............................31 18.12.060 MINISTERIALSITE PLAN REVIEW .................................................................................. .............................31 18.12.070 BOUNDARY LINE ADJUSTMENT ................................................................................... .............................32 18.12.080 HOME OCCUPATION ................................................................................................ .............................33 18.12.090 FINAL SUBDIVISIONS, ADMINISTRATIVE SUBDIVISIONS, SUBDIVISION ALTERATIONS, AND BINDING SITE PLANS ..........33 18.12.100 FINALSHORT SUBDIVISIONS ....................................................................................... .............................33 18.12.110 SIGNS ................................................................................................................... .............................34 18.12.120 STREETTREE PERMIT ................................................................................................ .............................34 CHAPTER 18.13— ADMINISTRATIVE REVIEW ................................................................................ .............................35 18.13.010 ADMINISTRATIVE REVIEW - GENERALLY ........................................................................ .............................35 18.13.020 ADMINISTRATIVE SITE PLAN REVIEW ............................................................................ .............................35 18.13.030 SHORT SUBDIVISION ................................................................................................. .............................36 18.13.040 ADMINISTRATIVE SUBDIVISION ................................................................................... .............................36 18.13.050 SUBDIVISION ALTERATIONS AND AMENDMENTS ............................................................. .............................37 18.13.060 ADMINISTRATIVE VARIANCE ....................................................................................... .............................38 CHAPTER 18.14 - QUASI- JUDICIAL REVIEW ................................................................................... .............................39 18.14.010 QUASI- JUDICIAL REVIEW - GENERALLY ......................................................................... .............................39 Agenda Item 8. a. Unified Development Code Page 44 of 340 18.14.020 PUBLIC HEARINGS .................................................................................................... .............................39 18.14.030 REPORT BY COMMUNITY DEVELOPMENT DEPARTMENT .................................................. .............................40 18.14.040 HEARING EXAMINER OR CITY COUNCILS DECISION AND RECOMMENDATION— FINDINGS REQUIRED ...................... 40 18.14.050 PRELIMINARY SUBDIVISIONS ...................................................................................... .............................40 18.14.060 SPECIAL USE ........................................................................................................... .............................41 18.14.070 BINDING SITE PLANS ................................................................................................. .............................42 18.14.080 PLANNED RESIDENTIAL DEVELOPMENT ......................................................................... .............................42 18.14.090 MIXED USE DEVELOPMENT ........................................................................................ .............................43 18.14.100 VARIANCES ............................................................................................................ .............................44 18.14.110 CRITICAL AREA EXCEPTION ......................................................................................... .............................45 CHAPTER 18.15 — LEGISLATIVE REVIEW ......................................................................................... .............................46 18.15.010 LEGISLATIVE REVIEW— GENERALLY .............................................................................. .............................46 18.15.020 PUBLIC HEARINGS .................................................................................................... .............................46 18.15.030 AMENDMENT OF UNIFIED DEVELOPMENT CODE ........................................................... .............................46 18.15.040 CONCEPTUAL MASTER PLANNED DEVELOPMENT ............................................................ .............................47 18.15.050 FINAL MASTER PLANNED DEVELOPMENT ...................................................................... .............................47 18.15.060 YELM HISTORIC REGISTER LISTING .............................................................................. .............................48 18.15.070 REMOVAL FROM YELM HISTORIC REGISTER .................................................................. .............................49 CHAPTER 18.16— CONCURRENCY MANAGEMENT ....................................................................... .............................50 18.16.010 INTENT OF CONCURRENCY MANAGEMENT .................................................................... .............................50 18.16.020 EXEMPTIONS .......................................................................................................... .............................50 18.16.030 LEVEL OF SERVICE STANDARDS ................................................................................... .............................51 18.16.040 PROCEDURES FOR CONCURRENCY EVALUATIONS ............................................................ .............................52 18.16.050 CRITERIA FOR ISSUING A FINDING OF CONCURRENCY ....................................................... .............................52 18.16.060 EFFECT OF A FINDING OF CONCURRENCY ...................................................................... .............................56 18.16.070 RESERVATION OF WATER OR SEWER CONNECTIONS ........................................................ .............................57 18.16.080 IMPROVEMENT DEFERRALS ........................................................................................ .............................57 18.16.090 IMPACT FEES .......................................................................................................... .............................57 CHAPTER 18.17 - IMPROVEMENT AGREEMENTS AND FINANCIAL GUARANTEES ........................ .............................60 18.17.010 AGREEMENT IN LIEU OF COMPLETION OF IMPROVEMENTS ............................................... .............................60 18.17.020 AGREEMENTTO ASSURE SUCCESSFUL OPERATION OF IMPROVEMENTS ................................ .............................61 18.17.030 FORM OF FINANCIAL SECURITY ................................................................................... .............................61 18.17.040 AMOUNT OF FINANCIAL SECURITY ............................................................................... .............................61 18.17.050 DEFECTIVE WORK .................................................................................................... .............................62 CHAPTER 18.18 - ENFORCEMENT .................................................................................................. .............................63 18.18.010 PURPOSE AND INTENT .............................................................................................. .............................63 18.18.020 VIOLATIONS ........................................................................................................... .............................63 18.18.030 ENFORCEMENT AND DUTY TO ENFORCE ....................................................................... .............................63 18.18.040 INVESTIGATION AND SERVICE OF NOTICE OF VIOLATION ................................................... .............................64 18.18.050 STOP WORK ORDER, EMERGENCY, AND ABATEMENT ORDERS ............................................ .............................67 18.18.060 PENALTIES ............................................................................................................. .............................67 18.18.070 UNAUTHORIZED CRITICAL AREA ALTERATIONS AND ENFORCEMENT .................................... .............................69 Agenda Item 8. a. Unified Development Code Page 45 of 340 CHAPTER 18.10 — INTEGRATED PROJECT REVIEW PROCESS 18.10.010 Intent and general provisions The intent of this chapter is to establish procedures for implementing the provisions of Chapter 36.70A (RCW) regarding compliance, conformity, and consistency of proposed projects with adopted comprehensive plans and development regulations. This chapter is enacted pursuant to the Washington state legislature requirements under the Regulatory Reform Act and Chapters 36.70A, 36.7013, 36.70C, 43.21C, and 58.17 (RCW). Unless otherwise indicated in this chapter, the applicant shall be responsible for the initiation, preparation, submission, and expense of all required reports, assessments, studies, plans, reconnaissance, peer review by qualified consultants, and other work prepared in support of or necessary to review the application. In the interpretation and application of this chapter, the provisions of this chapter shall be considered to be the minimum requirements necessary, shall be liberally construed to serve the purpose of this chapter, and shall be deemed to neither limit nor repeal any other provisions under state statute. 18.10.020 Site Plan Review Committee The Site Plan Review Committee shall be comprised of the Community Development Director, the Public Works Director, and other members as appointed by the City Administrator or his /her designee. The Site Plan Review Committee reviews all applications for land development to ensure compliance with all City development regulations. 18.10.030 Application and interpretation A. Application. This chapter describes how the City will concurrently process applications for development subject to review under the Unified Development Code, Title 18 YMC. B. Interpretation. The Community Development Director or his /her designee shall review project applications as follows: 1. For consistency with Yelm's Comprehensive Plan, the standards of this title, and any adopted development and design guidelines; 2. To identify specific project design and conditions relating to mitigation; and 3. To make decisions on permits based upon the record established at the public hearing, if one is held. Agenda Item 8. a. Unified Development Code Page 46 of 340 18.10.040 Consent to inspection The applicant shall provide sufficient and reasonable access to the property, to enter upon and inspect as reasonably necessary to process the application. 18.10.050 Project categorization Once an application is received, the Community Development Department determines the projects categorization, and shall follow the review process as described below. A. Ministerial. Projects allowed outright by the underlying zoning district and are of such a scale and character that they do not require public notice or hearings. These projects are subject to clear and objective standards and may require professional technical judgment. B. Administrative. Projects allowed outright by the underlying zoning district and are of such a scale and character that they may cause impacts to the surrounding neighborhood or to City services that may require mitigation. Administrative projects require public notice, but do not require an open record pre- decision hearing. These projects are subject to objective and subjective standards, about which there may be limited public interest, and which may require discretion about nontechnical issues. C. Quasi - Judicial. Projects that are of such a scale and character that they may be incompatible with the surrounding neighborhood or to City services that may not be able to be fully mitigated. Quasi - judicial permits require public notice, an open record pre- decision hearing, and allow for a closed record appeal. These projects require substantial discretion, and may have broad public interest. D. Legislative. Projects that entail the creation of new policies or codes that require significant public input. Legislative projects require an open record pre- decision hearing. These projects have broad public interest. 18.10.060 Determination of completeness Within 28 days of receipt of an application, the City shall notify the applicant that the application is complete or what specific information is required to complete the application. Within 14 days of receipt of additional information from the applicant, the City shall notify the applicant that the application is complete or remains incomplete. Notices may be sent via electronic mail or first class mail. Agenda Item 8. a. Unified Development Code Page 47 of 340 18.10.070 Permit vesting A valid and fully complete ministerial, administrative, and quasi - judicial permit application, and /or developer agreement establishes the point of vesting of development rights. 18.10.080 Notice of application A. When required. All administrative and quasi - judicial project permit applications require issuance of a notice of application. B. Content. All notices of application shall contain a description of the proposed project, including the dates of its application and determination of completeness; the date, time, place, and type of action for the project; the method to comment upon and /or appeal the project; identification of other known permits needed; identification of existing environmental documents; and the threshold determination pursuant to the State Environmental Policy Act, if applicable. C. Timing. A notice of application is distributed within 14 days after the determination of completeness, and provides for a comment period of 15 days following the date of the notice of application. D. Notice of application methods. Distribution of the notice of application will be by the following methods. 1. Electronic mail, or first class mail to affected City departments, State or Federal agencies having jurisdiction, affected tribal governments, and to the applicant and /or the applicant's representative. 2. First class mail to all property owners of record within 300 feet of the subject project's boundaries. 3. Publication in a newspaper of general circulation in the City. 4. Other noticing requirements that may be required by state or federal statute. E. Special considerations. 1. Administrative subdivision. Within 10 days of determination of completeness, notice shall be posted on or around the land proposed to be subdivided in at least five conspicuous places designed to attract public awareness of the proposal. The notice shall include notification that no public hearing will be held on the application unless requested within 21 days from the date of the notice, and set procedures and time limitations for persons to require a public hearing and make comments. 2. Secure community transition facilities. In addition to the methods listed above, notice shall be provided via first class mail to all property owners of record within 1,000 feet of the subject project's boundaries. 3. Conceptual and final master site plans. listed above, notice shall be provided property owners of record within 1,000 boundaries. 18.10.090 Final decision and notice Agenda Item 8. a. Unified Development Code Page 48 of 340 In addition to the methods via first class mail to all feet of the subject project's All final decisions shall include procedures for appeal. A final decision may consist of a letter of approval for ministerial projects, or a permit approval or a decision at a hearing for administrative, quasi - judicial, and legislative projects. A. Timing. 1. A final decision must be issued within 120 days after the notice of complete application is issued, provided that this does not include any time taken: a. By the applicant to submit additional information required for the review of the project; b. For the preparation of an environmental impact statement; or c. To process and decide administrative appeals provided they do not exceed 90 days for an open record appeal hearing or 60 days for a closed record appeal. 2. The 120 day limit does not apply to legislative projects. B. Special considerations. 1. Preliminary subdivision. A final decision for preliminary subdivisions shall be issued within 90 days after the notice of complete application is issued. 2. Final subdivision. Final subdivisions will be approved, disapproved or returned to the applicant within 30 days from the date of submitting the final subdivision application to the City. 18.10.100 Appeals A. Appeals of administrative determinations. All ministerial and administrative project permit decisions, and any administrative determination that terminates review may be appealed to the Hearing Examiner at an open record appeal hearing. B. Appeals of Hearing Examiner decisions. All final decisions of the Hearing Examiner may be appealed to the City Council at a closed record appeal hearing. Agenda Item 8. a. Unified Development Code Page 49 of 340 C. Judicial and state board appeals. All final decisions of the City Council may be appealed pursuant to the time limits, methods, procedures and criteria for review of land use decisions by the courts or by a quasi - judicial body created by state law, such as the Growth Management Hearings Board. D. Appeal of State Environmental Policy Act threshold determinations. 1. Determination of Non - significance (DNS). There is no local administrative appeal of a DNS. 2. Determination of Significance (DS). An appeal of a DS or the scope of the environmental impact statement may occur before a final decision. The Hearing Examiner shall decide the appeal at a closed record appeal hearing. 3. Mitigated Determination of Non - significance (MDNS). a. For projects requiring a public hearing, the appeal shall be consolidated with the underlying permit. b. For projects that do not require a public hearing, the appeal must be made together with an appeal of the underlying permit of the MDNS. E. Standing to appeal. Appeals may be initiated by: 1. The applicant and /or the owner of property to which the decision is directed; 2. Another person aggrieved or adversely affected by the decision, or who would be aggrieved or adversely affected by a reversal or modification of the decision. A person is aggrieved or affected within the meaning of this section only when all the following conditions are present: a. The land use decision has prejudiced or is likely to prejudice that person; b. That person's asserted interests are among those that the local jurisdiction was required to consider when it made the land use decision; c. A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the land use decision; and d. The petitioner has exhausted his /her administrative remedies to the extent required by law. Agenda Item 8. a. Unified Development Code Page 50 of 340 F. Content of appeal. Appeals must be in writing, be accompanied by the appeal fee established by the City Council, and contain the following information: 1. Appellants name, address, and phone number; 2. A statement describing the appellant's standing to bring the appeal; 3. Identification of the decision that is the subject of the appeal, including date of the decision being appealed; 4. A specific statement of the grounds for the appeal and the facts upon which the appeal is based; 5. The relief sought; and 6. A statement that the appellant has read the appeal and believes the contents to be true and correct, signed by the appellant. G. Timing of appeal. All appeals must be filed within 21 days from the date of the decision being appealed. H. Requests for reconsideration. Requests for reconsideration to the Hearing Examiner or City Council are not authorized. I. Stay. A timely appeal stays the effective date of the decision until the matter has been resolved at the City level. 18.10.110 Application requirements Each application shall contain the following information in clear and intelligible form: A. A complete description of the proposed development; B. The names, addresses and telephone numbers of the owner(s) of the land; the applicant; the names, addresses and telephone numbers of any architect, planner, designer or engineer responsible for the preparation of the plan; and of any authorized representative of the applicant; C. Names and addresses of owners of record of land within 300 feet of the parcel(s) proposed for development, and within 300 feet of contiguous property in the same ownership; D. Site address and legal description, including parcel numbers of all lands included in the development, and total acreage; E. Vicinity sketch showing the location of the site and its relationship to surrounding areas; F. The proposed use or uses of the land and buildings, and number of square feet in gross floor area for each commercial and industrial use; G. Copy of covenants or other restrictions applying to or proposed to encumber or be imposed upon the site. Agenda Item 8. a. Unified Development Code Page 51 of 340 H. A site plan drawing or drawings at a scale of not less than one inch for each 50 feet which shall include or show: 1. The location of all existing and proposed structures, including, but not limited to, buildings, building setback lines, fences, culverts, bridges, roads and streets on the subject property; 2. The boundaries of the property proposed to be developed; 3. All areas, if any, to be preserved as buffers or to be dedicated to a public, private or community use or for open space under the provisions of this or any other City ordinance, and information regarding percentage of area covered; 4. Preliminary landscaping; 5. All existing and proposed easements; 6. The locations of all existing and proposed utility structures and lines, and the location of any wells and underground storage tanks on or within 100 feet of the site; 7. The stormwater drainage systems for existing and proposed structures; 8. All means of vehicular and pedestrian ingress and egress at the site and the size and location of driveways, streets and roads; 9. The location and design of off - street parking areas showing their size and locations of internal circulation and parking spaces; 10. The location of all loading spaces, including, but not limited to, truck loading platforms and loading docks; 11.A grading plan for any cuts and /or fills collectively exceeding 100 cubic yards, exclusive of cuts and fills solely for streets or utilities. Such plan shall include the extent and nature of proposed cuts and fills and information on the character of the soil and underlying geology; 12. Location and area, in square feet, of all signs; 13. Topographic map or maps that delineate contours, both existing and proposed, at intervals of 2 feet, and which locate existing streams and forested areas, and the location of all areas subject to flooding with any proposed flood control facilities or improvements; 14. The location of other natural features such as rock outcroppings and marshes; 15. The boundaries of any natural resource lands or critical areas as defined by the City. Agenda Item 8. a. Unified Development Code Page 52 of 340 16. The proposed number of square feet in paved or covered surfaces, whether covered by buildings, driveways, parking lots or any other structure covering land; and the total amount of square feet in the entire proposed development site; and 17. The proposed number of dwelling units in the development, if applicable; I. Building elevations, perspective renderings or such other graphic material or evidence to illustrate effect on the view enjoyed by and from other properties in the vicinity; J. The appropriate application fee(s). 18.10.120 Additional application requirements for certain applications In addition to the application requirements above, additional information is required for certain specific applications, as follows. A. Building permits. 1. The name, address and phone number of the prime contractor; 2. Either the name, address and phone number of the office of the lender administering the interim construction financing, if any, or the name and address of the firm that has issued a payment bond, if any, on behalf of the prime contractor for the protection of the owner, if the bond is for an amount not less than 50 percent of the total amount of the construction project; 3. Plans, specifications and reports, as required by Chapter 18.23 YMC. B. Sign permits. 1. Location of the sign structure, drawings or photographs showing the design and dimensions of the sign and details of its proposed placement. 2. Indicate primary, secondary and if available third and fourth walls and such other pertinent information as the Community Development Department may require. 3. Applications for digital messaging signs shall indicate how compliance with Section 18.60.050 YMC is achieved. C. Civil plan review. 1. Plans, specifications and reports, as required by the Yelm Engineering Specifications and Standard Details. D. Wireless communications facilities (WCF). 1. The proposed color(s) of the facility including antennas; Agenda Item 8. a. Unified Development Code Page 53 of 340 2. A statement signed by the applicant and landowner indicating that: a. For freestanding WCF's, the applicant and landowner agree they will diligently negotiate in good faith to facilitate co- location of additional WCF's, by other WCF providers, on the applicant's structure; and b. For all WCF's, the applicant and landowner agree to dismantle and remove the WCF and restore the site within one year after abandonment. 3. Documentation that the WCF will not cause substantial noise or interference with electrical, transmission or reception functions or cause similar disturbances. 4. If applicant is also the WCF provider, proof that the applicant is licensed by the FCC, or not required to be licensed. 5. If the applicant is not the WCF provider, proof of lease agreements with an FCC licensed WCF provider if such provider is required to be licensed by the FCC. 6. Except for a co- location proposal, documentation that there are no co- location possibilities as an alternative to installation of the WCF. At minimum, this requires an assessment of any existing towers that have the location, as well as the existing or potential height, structural capability and equipment structure area, to serve the applicant's needs, a written request to those tower owners to co- locate on their facilities, and a good faith effort to work with those tower owners to co- locate. 7. Information identifying the radio frequencies to be received, transmitted, or relayed from the facility, and technical documentation demonstrating compliance with FCC standards for electromagnetic field strength in the form of power density expressed as micro -watts per square centimeter. 8. Documentation that the WCF antenna and support structure are safe and the surrounding areas will not be negatively affected by WCF failure, falling ice, or other debris or interference. E. Freestanding wireless communication facilities. 1. The reasonably calculated distance between the freestanding WCF and the nearest residentially zoned property and the nearest property with an existing residence. 2. A statement signed by the applicant stating the freestanding WCF will comply with all Federal Aviation Administration (FAA) regulations. 3. A statement signed by the applicant documenting that the Agenda Item 8. a. Unified Development Code Page 54 of 340 freestanding WCF will accommodate the co- location of at least 2 additional antennas for future users, or an explanation of why such design is not feasible for technical or physical reasons. 4. Documentation that adequate security measures will be provided, including anti - climbing devices. 5. Aerial test photos (e.g., balloon) from all four directions off -site, from close proximity to the front and rear of any residence on adjacent properties, including across any roadway fronting the subject property, and from the boundary line of any adjacent jurisdiction within 2 miles of the site. 6. Method and color of fencing and, if applicable, the method of camouflage and illumination. F. Preliminary subdivisions. 1. A map of the proposed subdivision drawn upon one or more sheets with a maximum size of 18 inches by 24 inches; these sheets shall show specifically and clearly the following features and information: a. The plat datum, north arrow, date, and scale at one inch equals either 50, 100, or 200 feet. b. The boundary lines of the property to be divided and names of adjacent subdivisions, streets, and boundary lines of adjacent parcels. c. The boundaries of existing adjacent or internal lots, blocks and streets shown with dotted lines. d. The boundaries and purpose of parcels of land intended to be dedicated or temporarily reserved for public use or to be reserved for common use of property owners or residents of the subdivision, along with any conditions or limitations of such dedications or reservation clearly indicated. e. Location and type of existing and proposed street lighting. f. Location of any trees and natural features and whether they are to be preserved. g. The location and size of all existing sewers, water mains, culverts and other public or private underground installations within and adjacent to the subdivision. h. Location, widths and names of all existing and proposed streets, sidewalks, railroads, power lines, telephone lines within or adjacent to the proposed subdivision. i. The grade and curve radii of curves of existing and proposed Agenda Item 8. a. Unified Development Code Page 55 of 340 streets within the plat boundary and within 300 feet of the subdivision. j. The layout and dimensions of existing and proposed street and alley rights -of -way, utility and access easements and lots and blocks. k. The location of other significant features such as City limits, section lines and section corners. I. Existing and proposed survey and elevation monuments. G. Planned residential developments. 1. Front and side elevations, and exterior architectural treatments. 2. Program for development including estimated staging or timing of development, including build -out data to be submitted to the City and to the applicable school district for each year during the construction period. 3. Proposed ownership pattern upon completion of development. 4. Basic content of restrictive covenants. 5. Provisions to assure permanence and maintenance of common open space through homeowner's association formation, condominium development or other means acceptable to the City 6. Statement describing the relationship of the proposed planned residential development to the Yelm Comprehensive Plan. H. Conceptual master planned communities. 1. The acreage contained within the proposed master plan area, the number of dwelling units proposed, and the number of dwelling units per acre of land proposed. 2. The total acreage of nonresidential uses proposed, by type of use. 3. Applicable school district(s), fire district(s) or departments and other special purpose districts. 4. General description of options for source(s) of water supply, method(s) of sewage disposal, methods of stormwater control and means to handle hazardous materials and hazardous waste if applicable. 5. Conceptual plan and supporting maps. Generalized proposed land uses including: a. Potential uses. b. Range of densities and housing types. I Agenda Item 8. a. Unified Development Code Page 56 of 340 c. Phasing of development. 6. Multimodal transportation plans, with proposed major routes, points of ingress and egress and the relation to existing and proposed area transportation facilities. 7. Existing site conditions including watercourses, wetland area, floodplains, unique natural features, forest cover, steep slopes and elevation contours of appropriate intervals to indicate the topography of the entire tract for a reasonable distance beyond the boundaries of the proposed development to include adjacent or nearby lands where project impacts are relevant. Final master planned community. 1. The acreage contained within the proposed master plan; the total number of dwelling units being proposed; and the average number of dwelling units per acre of land. 2. The number and acreage of each type of dwelling units proposed. 3. The acreage of open space (including a separate figure for active recreation space) to be contained in the master plan, and the percentage it represents of the total area. 4. The total acreage of each type of nonresidential use, including the approximate floor area and type of commercial and industrial uses. 5. The source of water supply, including the specific type of facilities involved, their capacities and the estimated timing of completion of these facilities. 6. The method of sewage disposal, to include the name of sewer operator, if any, including the specific type of facilities involved, their capacities and the estimated timing of completion of these facilities. 7. A plan for hazardous waste control if appropriate, including the specific type of facilities involved, their capacities and the estimated timing of completion of these facilities. 8. Applicable school district(s), fire district(s) or department(s) and other special purpose districts. 9. A development schedule indicating the approximate date when construction of the master plan or stages of the master plan can be expected to begin and be completed, including the approximate size in acres of each phase, and the proposed phasing of construction of public improvements and recreational and common open space areas. 10. The proposed means of financing and allocation of responsibility for providing the utilities and services required as a result of the development, including off -site facilities and improvements. These Agenda Item 8. a. Unified Development Code Page 57 of 340 utilities and services shall include, but not be limited to, water, sewer, streets and highways, schools, fire protection, parks, stormwater control and disposal of wastes, including toxic wastes, if any. 11. The means of meeting any other requirements imposed as a condition of conceptual approval of the master plan. J. Mixed use development. 1. A written statement providing the following information: a. Program for development including staging or timing. b. Proposed ownership pattern upon completion of development. c. Basic content of restrictive covenants, if any. d. Provision to assure permanence and maintenance of open space through means acceptable to the City. e. Statement of tabulation of number of persons to be employed, served or housed in the proposed development. f. Statement describing the relationship of the proposed development to Yelm's comprehensive land use plan. g. Statement indicating availability of existing or proposed sanitary sewers. h. Land use and architectural guidelines to be used by the City and the associated architectural review authority to apply to future buildings. K. Final subdivisions, short subdivisions, administrative subdivisions, subdivision alterations, and binding site plans. 1. Each application for a final land division shall contain the following information. Specific items may be waived by the Community Development Department if deemed such information to be irrelevant or not applicable to a particular application. a. Names, addresses and phone numbers of the owner, applicant, engineer and /or surveyor. b. A copy of any deed restrictions to be applicable to the subdivision. c. A copy of any separate dedication documents. d. Documentation of acreage to the nearest hundredth of each lot of one acre or more and square footage of each lot of less than one acre, and mathematical boundary closure of the subdivision, of each lot and block, of street centerlines, showing the error of closure, if any. Agenda Item 8. a. Unified Development Code Page 58 of 340 e. A map on one or more sheets with, at minimum, the following content: i. The date, scale, north arrow and legend. ii. Controlling topography and existing features such as streams, streets and railroads. iii. Legal description of the subdivision boundaries. iv.A complete survey of the section or sections in which the subdivision is located, or as much thereof as may be necessary to properly orient the plat within such section or sections, including reference points and lines of existing surveys identified that relate to the plat including: 1) All stakes, monuments or other evidence found on the ground and used to determine the boundaries of the subdivision. If a section breakdown is required to determine the boundaries of the subdivision, such section breakdown shall be shown. Location and monuments found or reset with respect to any established centerline of streets adjacent to or within the proposed subdivision. All other monuments found or established in making the survey of this subdivision or required to be installed by provisions of this title division. 2) Adjoining corners of adjoining lots, blocks, and subdivisions. 3) Section and donation land claim lines within and adjacent to the subdivision. 4) The exact location and width of streets and easements intersecting the boundary of the tract. 5) Tract, block and lot boundary lines and street rights -of -way and centerlines, with dimensions, bearings or deflection angles, radii, arcs or central angles, points of curvature and tangent bearings. Tract boundaries, lot boundaries and street bearings shall be shown to the nearest second with basis of bearings. All distances shall be shown to the nearest 100th foot. 6) The width and location of existing easements and rights -of- way and of easements and rights -of -way being dedicated. f. Prominent lot and block numbers beginning with number "1" and numbered consecutively without omission or duplication in a given block or subdivision and so placed as not to obscure any figure. Block numbering shall be a continuation of blocks in any contiguous subdivision of the same name. Agenda Item 8. a. Unified Development Code Page 59 of 340 g. Land parcels to be dedicated to any public or private purpose shall be distinguished from lots intended for general development. h. Net acreage to the nearest hundredth of lots containing one acre or more. 2. The land division map shall include the following statements, which may be combined where appropriate: a. Approval signature blocks for the City, to include the Mayor, attested by the City Clerk, the Public Works Director and the Community Development Director, except short subdivision maps do not require Mayor signature. b. An acknowledgment before the auditor or another officer who is authorized by law to take acknowledgment of deeds by the person filing the plat or a certificate of the acknowledgment annexed to such plat and recorded therewith. c. A certificate of consent to the preparation and recording of the plat with the acknowledged signature of all parties with any record title interest in the land being subdivided. d. A certificate dedicating all parcels of land shown on the final map intended for any public use with the acknowledged signature of all owners of the subdivision. e. A certificate with the seal of and signature of the surveyor responsible for the survey and final plat. f. Certification from the county treasurer that all taxes and assessments for which the property may be liable have been duly paid, satisfied or discharged as of the date of certification. g. Certification of examination and approval by the county assessor. h. Certification of title by a title insurance company, dated not more than 30 days prior to final plat application, with the names of all persons whose consent is necessary to effectively dedicate proposed streets and other easements. 3. All final subdivision maps shall be drawn in accordance with the following standards: a. The final map shall be clearly and legibly drawn in permanent black ink. b. The scale of the map shall be one inch equals either 50, 100, 200, or 400 feet; the appropriate scale to be determined on the basis of the area of the subdivision. c. Lettering shall be at least 3/32 of an inch high. L Agenda Item 8. a. Unified Development Code Page 60 of 340 d. The perimeter of the plat or subdivision being recorded shall be depicted with heavy lines wider than the remaining portion of the plat of the subdivision. e. The size of each sheet shall be 18 by 24 inches. f. A margin line shall be drawn completely around each sheet leaving an entirely blank margin of at least three inches on the left side and at least one -half inch on each of the other three sides. g. If more than 2 sheets are used, provide an index of the entire subdivision showing the arrangement of all sheets. Each sheet shall be numbered. h. The plat title, date, scale, quarter - quarter section and north arrow shall be shown on each appropriate sheet of the final plat. i. All signatures placed on the final plat shall be original signatures written in permanent black ink. 4. The survey of the proposed subdivision and preparation of the plat shall be made by or under the supervision of a registered land surveyor of the state of Washington who shall certify on the plat that it is a true and correct representation of the lands actually surveyed. 5. Permanent control monuments shall be established at each and every controlling corner on the boundaries of the parcel of land being subdivided. The Public Works Director shall determine the number and location of permanent control monuments within the plat, if any. The type of monument will conform to the standards adopted by the City Council. Special use permit for secure community transition facility 1. The applicant shall submit the following plans and notification procedures as part of the application. These plans and notification procedures shall be forwarded to the Yelm Police Department for review and recommendation to the Hearing Examiner. a. The staffing and security plan for the proposed secure community transition facility. b. An escape search plan and procedures for immediate public notification of escapes. Agenda Item 8. a. Unified Development Code Page 61 of 340 CHAPTER 18.11 - ENVIRONMENTAL REVIEW AND PERMITTING 18.11.010 Intent The intent of this chapter is to establish procedure for processing environmental review and environmental permits that apply to all lands within the City that may or may not be required during other integrated project review. 18.11.020 Authority The City may withhold, condition, or deny development permits or activity approvals to ensure that the proposed action is consistent with the provisions of Chapters 18.20 and 18.21 YMC. 18.11.030 Permits within a flood hazard area A. Development permit required. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 18.21.090(C) YMC. The permit shall be for all structures, including manufactured homes, as defined Section 18.02.040 YMC, and for all development including fill and other activities. B. Development permit application. Application for a development permit shall be made on forms furnished by the planning department and may include but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required: 1. Elevation in relation to mean sea level of the lowest floor (including basement) of all structures. 2. Elevation in relation to mean sea level to which any structure has been flood proofed. 3. Certification by a registered professional engineer, surveyor, or architect that the flood proofing methods for any nonresidential structure meet the flood proofing criteria in Section 18.21.080 YMC, and 4. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. 18.11.040 Critical areas review process A. Critical areas report requirements. 1. Preparation by Qualified Professional. If required by the Community Development Department, the applicant shall submit a critical area report prepared by a qualified professional as defined herein. Agenda Item 8. a. Unified Development Code Page 62 of 340 2. Incorporating best available science. The critical area report shall use scientifically valid methods and studies in the analysis of critical area data and field reconnaissance and reference the source of science used. The critical area report shall evaluate the proposal and all probable impacts to critical areas in accordance with the provisions of this chapter. 3. Minimum report contents. At a minimum, the report shall contain the following: a. The name and contact information of the applicant, a description of the proposal, and identification of the permit requested. b. A copy of the site plan for the development proposal including: i. A map drawn to scale depicting critical areas, buffers, the development proposal, and any areas to be cleared. ii. A description of the proposed stormwater management plan for the development and consideration of impacts to drainage alterations. c. The dates, names, and qualifications of the persons preparing the report and documentation of any fieldwork performed on the site. d. Identification and characterization of all critical areas, wetlands, water bodies, and buffers adjacent to the proposed project area. e. A statement specifying the accuracy of the report, and all assumptions made and relied upon. f. An assessment of the probable cumulative impacts to critical areas resulting from development of the site and the proposed development. g. An analysis of site development alternatives including a no- development alternative. h. A description of reasonable efforts made to apply mitigation sequencing pursuant to mitigation sequencing to avoid, minimize, and mitigate impacts to critical areas. i. Plans for adequate mitigation, as needed, to offset any impacts, in accordance with mitigation plan requirements, including, but not limited to: i. The impacts of any proposed development within or adjacent to a critical area or buffer on the critical area. ii. The impacts of any proposed alteration of a critical area or buffer on the development proposal, other properties and the environment. Agenda Item 8. a. Unified Development Code Page 63 of 340 j. A discussion of the performance standards applicable to the critical area and proposed activity. k. Financial guarantees to ensure compliance. I. Any additional information required for the critical area as specified in the corresponding chapter. m. Unless otherwise provided, a critical area report may be supplemented by or composed, in whole or in part, of any reports or studies required by other laws and regulations or previously prepared for and applicable to the development proposal site, as approved by the Community Development Department. B. Critical area report - additional requirements for habitat conservation areas. 1. The following areas shall be addressed in a critical area report for habitat conservation areas: a. The project area of the proposed activity; b. All habitat conservation areas and recommended buffers within 300 feet of the project area; and c. All shoreline areas, floodplains, other critical areas, and related buffers within 300 feet of the project area. 2. Habitat assessment. A habitat assessment is an investigation of the project area to evaluate the potential presence or absence of designated critical fish or wildlife species or habitat. A critical area report for a habitat conservation area shall contain an assessment of habitats including the following site- and proposal- related information at a minimum: a. Detailed description of vegetation on and adjacent to the project area and its associated buffer. b. Identification of any species of local importance, priority species, or endangered, threatened, sensitive, or candidate species that have a primary association with habitat on or adjacent to the project area, and assessment of potential project impacts to the use of the site by the species. c. A discussion of any federal, state, or local special management recommendations, including Washington Department of Fish and Wildlife habitat management recommendations, that have been developed for species or habitats located on or adjacent to the project area. d. A detailed discussion of the direct and indirect potential impacts on habitat by the project, including potential impacts to water quality. C Agenda Item 8. a. Unified Development Code Page 64 of 340 e. A discussion of measures, including avoidance, minimization, and mitigation, proposed to preserve existing habitats and restore any habitat that was degraded prior to the current proposed land use activity and to be conducted in accordance with mitigation sequencing. f. A discussion of ongoing management practices that will protect habitat after the project site has been developed, including proposed monitoring and maintenance programs. 3. Additional information may be required. When appropriate due to the type of habitat or species present or the project area conditions, the Community Development Department may also require the habitat management plan to include: a. An evaluation by an independent qualified professional regarding the applicant's analysis and the effectiveness of any proposed mitigating measures or programs, to include any recommendations as appropriate; b. A request for consultation with the Washington Department of Fish and Wildlife or the local Native American Indian Tribe or other appropriate agency; and c. Detailed surface and subsurface hydrologic features both on and adjacent to the site. Critical area report - modifications to requirements. 1. Limitations to study area. The Community Development Department may limit the required geographic area of the critical area report as appropriate if: a. The applicant, with assistance from the City, cannot obtain permission to access properties adjacent to the project area; or b. The proposed activity will affect only a limited part of the subject site. 2. Modifications to required contents. The applicant may consult with the Community Development Department prior to or during preparation of the critical area report to obtain City approval of modifications to the required contents of the report where, in the judgment of a qualified professional, more or less information is required to adequately address the potential critical area impacts and required mitigation. 3. Additional information requirements. The Community Development Department may require additional information to be included in the critical area report when determined to be necessary to the review of 91 I: Agenda Item 8. a. Unified Development Code Page 65 of 340 the proposed activity in accordance with this chapter. Additional information that may be required, includes, but is not limited to: a. Historical data, including original and subsequent mapping, aerial photographs, data compilations and summaries, and available reports and records relating to the site or past operations at the site; b. Grading and drainage plans; and c. Information specific to the type, location, and nature of the critical area. Mitigation requirements. 1. The applicant shall avoid all impacts that degrade the functions and values of a critical area or areas. Unless otherwise provided in this chapter, if alteration to the critical area is unavoidable, all adverse impacts to or from critical areas and buffers resulting from a development proposal or alteration shall be mitigated using the best available science in accordance with an approved critical area report and SEPA documents, so as to result in no net loss of critical area functions and values. 2. Mitigation shall be in -kind and on -site, when possible, and sufficient to maintain the functions and values of the critical area, and to prevent risk from a hazard posed by a critical area. 3. Mitigation shall not be implemented until after City approval of a critical area report that includes a mitigation plan, and mitigation shall be in accordance with the provisions of the approved critical area report. Mitigation sequencing. Applicants shall demonstrate that all reasonable efforts have been examined with the intent to avoid and minimize impacts to critical areas. When an alteration to a critical area is proposed, such alteration shall be avoided, minimized, or compensated for in the following sequential order of preference: 1. Avoiding the impact altogether by not taking a certain action or parts of an action. 2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts. 3. Rectifying the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by repairing, rehabilitating, or restoring the affected environment to the historical Agenda Item 8. a. Unified Development Code Page 66 of 340 conditions or the conditions existing at the time of the initiation of the project. 4. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other methods. 5. Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action. 6. Compensating for the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by replacing, enhancing, or providing substitute resources or environments. 7. Monitoring the hazard or other required mitigation and taking remedial action when necessary. 8. Mitigation for individual actions may include a combination of the above measures. F. Mitigation plan requirements. When mitigation is required, the applicant shall submit for approval by the City a mitigation plan as part of the critical area report. The mitigation plan shall include: 1. Environmental goals and objectives. The mitigation plan shall include a written report identifying environmental goals and objectives of the compensation proposed and including: a. A description of the anticipated impacts to the critical areas and the mitigating actions proposed and the purposes of the compensation measures, including the site selection criteria; identification of compensation goals; identification of resource functions; and dates for beginning and completion of site compensation construction activities. The goals and objectives shall be related to the functions and values of the impacted critical area; b. A review of the best available science supporting the proposed mitigation and a description of the report author's experience to date in restoring or creating the type of critical area proposed; and c. An analysis of the likelihood of success of the compensation project; d. Performance standards. The mitigation plan shall include measurable specific criteria for evaluating whether or not the goals and objectives of the mitigation project have been successfully attained and whether or not the requirements of this chapter have been met; e. Detailed construction plans. The mitigation plan shall include written specifications and descriptions of the mitigation proposed, Agenda Item 8. a. Unified Development Code Page 67 of 340 such as: i. The proposed construction sequence, timing, and duration; ii. Grading and excavation details; iii. Erosion and sediment control features; iv.A planting plan specifying plant species, quantities, locations, size, spacing, and density; and v. Measures to protect and maintain plants until established. vi.These written specifications shall be accompanied by detailed site diagrams, scaled cross - sectional drawings, topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques or anticipated final outcome. f. Monitoring program. The mitigation plan shall include a program for monitoring construction of the compensation project and for assessing a completed project. A protocol shall be included outlining the schedule for site monitoring (for example, monitoring shall occur in years one, three, five, and seven after site construction), and how the monitoring data will be evaluated to determine if the performance standards are being met. A monitoring report shall be submitted as needed to document milestones, successes, problems, and contingency actions of the compensation project. The compensation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than five years. g. Contingency plan. The mitigation plan shall include identification of potential courses of action, and any corrective measures to be taken if monitoring or evaluation indicates project performance standards are not being met. h. Financial guarantees. The mitigation plan shall include financial guarantees, if necessary, to ensure that the mitigation plan is fully implemented. 18.11.050 Determination process A. Determination. The Community Development Department shall make a determination as to whether the proposed activity and mitigation, if any, is consistent with the provisions of this chapter. The Community Development Department's determination shall be based on the review criteria. B. Review criteria. 1. Any alteration to a critical area, unless otherwise provided for in this Agenda Item 8. a. Unified Development Code Page 68 of 340 chapter, shall be reviewed and approved, approved with conditions, or denied based on the proposal's ability to comply with all of the following criteria: a. The proposal minimizes the impact on critical areas in accordance with mitigation sequencing; b. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site; c. The proposal is consistent with the general purposes of this chapter and the public interest; d. Any alterations permitted to the critical area are mitigated in accordance with mitigation requirements; e. The proposal protects the critical area functions and values consistent with the best available science and results in no net loss of critical area functions and values; and f. The proposal is consistent with other applicable regulations and standards. 2. The City may condition the proposed activity as necessary to mitigate impacts to critical areas and to conform to the standards required by this chapter. 3. Except as provided for by this chapter, any project that cannot adequately mitigate its impacts to critical areas in the sequencing order of preferences shall be denied. C. Completion of the critical area review. The City's determination regarding critical areas pursuant to this chapter shall be final concurrent with the final decision to approve, condition, or deny the development proposal or other activity involved. D. Appeals. Any decision to approve, condition, or deny a development proposal or other activity based on the requirements of this chapter may be appealed according to, and as part of, the appeal procedure for the permit or approval involved. 18.11.060 Additional requirements for certain exceptions A. Critical area exception. A request for an exception shall be made to the City and shall include a critical area report. The Community Development Department shall act on the exception request as part of the underlying permit approval based on the proposal's ability to comply with public agency and utility exception review criteria. The decision on the exception may be appealed pursuant to the appeal procedures of the underlying permit or approval. 1. Exception criteria. Agenda Item 8. a. Unified Development Code Page 69 of 340 a. There is no other practical alternative to the proposed development with less impact on the critical areas; b. The application of this chapter would unreasonably restrict the ability to provide utility services to the public; c. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site; d. The proposal attempts to protect and mitigate impacts to the critical area functions and values consistent with the best available science; and e. The proposal is consistent with other applicable regulations and standards. B. Exception request and review process. An application for a reasonable use exception shall be made to the City and shall include a critical area report. The Community Development Department shall prepare a recommendation to the Hearing Examiner based on the proposal's ability to comply with reasonable use exception criteria. C. Hearing Examiner review. The application and conduct a public approve, approve with conditions proposal's ability to comply with review criteria. D. Reasonable use review criteria. Hearing Examiner shall review the hearing. The Hearing Examiner shall or deny the request based on the all of the reasonable use exception 1. The application of this chapter would deny all reasonable economic use of the property; 2. No other reasonable economic use of the property has less impact on the critical area; 3. The proposed impact to the critical area is the minimum necessary to allow for reasonable economic use of the property; 4. The inability of the applicant to derive reasonable economic use of the property is not the result of actions by the applicant after the effective date of this chapter, or its predecessor; 5. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site; 6. The proposal will result in no net loss of critical area functions and values consistent with the best available science; or 7. The proposal is consistent with other applicable regulations and standards. Agenda Item 8. a. Unified Development Code Page 70 of 340 18.11.070 Modifications and variances A. Modifications to the prescriptive standards for the protection of critical areas may be authorized by the City. The Site Plan Review Committee shall review the request and make a written finding that the request meets or fails to meet the modification criteria as part of the underlying permit approval. B. Modification criteria. A modification may be granted only if the applicant demonstrates that the requested modification includes the best available science and gives special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish habitat. C. Variances from the standards of this chapter may be authorized by the City. The Hearing Examiner shall process the variance as provided in Chapter 18.14 YMC. D. Variance criteria. A variance may be granted only if the applicant demonstrates that the requested action conforms to all of the criteria set forth as follows: 1. Special conditions and circumstances exist that are peculiar to the land, the lot, or something inherent in the land, and that are not applicable to other lands in the same district; 2. The special conditions and circumstances do not result from the actions of the applicant; 3. A literal interpretation of the provisions of this chapter would deprive the applicant of all reasonable economic uses and privileges permitted to other properties in the vicinity and zone of the subject property under the terms of this chapter, and the variance requested is the minimum necessary to provide the applicant with such rights; 4. Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings under similar circumstances; 5. The granting of the variance is consistent with the general purpose and intent of this chapter, and will not further degrade the functions or values of the associated critical areas or otherwise be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the subject property; 6. The decision to grant the variance includes the best available science and gives special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish habitat. E. Conditions may be required. In granting any modification or variance, the City may prescribe such conditions and safeguards as are necessary Agenda Item 8. a. Unified Development Code Page 71 of 340 to secure adequate protection of critical areas from adverse impacts, and to ensure conformity with this chapter. F. Time limit. A modification or variance shall be valid for the time period of the underlying permit approval. 18.11.080 Variances to flood damage prevention A. Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one -half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items listed in Section 18.11.070 (B) YMC have been fully considered. As the lot size increases the technical justification required for issuing the variance increases. B. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places, or the Yelm Historic Register without regard to the procedures set forth in this section. C. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. D. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. E. Variances shall only be issued upon: 1. A showing of good and sufficient cause; 2. A determination that failure to grant the variance would result in exceptional hardship to the applicant; 3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Section 18.11.090(B) YMC, or conflict with existing local laws or ordinances. F. Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare. G. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of flood proofing than watertight or dry -flood proofing, where it can be determined that such action will Agenda Item 8. a. Unified Development Code Page 72 of 340 have low damage potential, complies with all other variance criteria except as set out in subsection A of this section. H. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. 18.11.090 Flood damage prevention appeal A. Determination. The Hearing Examiner shall process an appeal as provided in Chapter 18.14 YMC. B. Criteria. The Hearing Examiner shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and: 1. The danger that materials may be swept onto other lands to the injury of others; 2. The danger to life and property due to flooding or erosion damage; 3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; 4. The importance of the services provided by the proposed facility to the community; 5. The necessity to the facility of a waterfront location, where applicable; 6. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; 7. The compatibility of the proposed use with existing and anticipated development; 8. The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area; 9. The safety of access to the property in times of flood for ordinary and emergency vehicles; 10. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and 11. The cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. Agenda Item 8. a. Unified Development Code Page 73 of 340 D. Upon consideration of the criteria factors of this section and the purposes of this chapter, the Hearing Examiner may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. E. The Community Development Department shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon requests. Agenda Item 8. a. Unified Development Code Page 74 of 340 CHAPTER 18.12 - MINISTERIAL REVIEW 18.12.010 Ministerial review - generally The purpose of the ministerial review process is to ensure that projects are consistent with applicable development, construction, and design standards of the Unified Development Code. Ministerial permits do not require public notice or public review, and include: • Construction permits (building, mechanical, and plumbing) • Right -of -Way use permits • Certificate of appropriateness (Changes to Yelm Historic Register) • Civil plan reviews • Ministerial site plan reviews • Boundary line adjustments • Home occupation permits • Final subdivisions, final administrative subdivisions, final subdivision alterations, and final binding site plans • Final short subdivisions • Sign permits • Street tree permit 18.12.020 Construction permits A. When required. Construction permits are required pursuant to the International Residential Code, International Building Code, International Plumbing Code, International Mechanical Code, and Washington State Energy Code, as adopted by Washington State and the City of Yelm. B. Decision making authority. The Building Official or his /her designee shall process construction permits as provided in Chapter 18.10 YMC. C. Criteria for approval. Construction plans shall be approved if they comply with all applicable development, construction, and design standards of the Unified Development Code. D. Term. Construction permits are effective pursuant to the terms of the International Codes, as adopted by Washington State and the City of Yelm. 18.12.030 Right -of -Way use permits A. When required. A right of way use permit is required prior to any construction activities in the public right of way or for the placement of any obstruction within the public right of way. Agenda Item 8. a. Unified Development Code Page 75 of 340 B. Decision making authority. The Public Works Director or his /her designee shall process right of way use permits as provided in Chapter 18.10 YMC. C. Criteria for approval. Right of way use permits shall be approved if they comply with all applicable development, construction, and design standards of the Unified Development Code and the Yelm Engineering Specifications and Standard Details, and if they do not negatively impact the public use of the public right of way. D. Term. Right of way use permits are effective for six months, unless otherwise specified in the approval. 18.12.040 Certificate of appropriateness Yelm Historic Register A. When required. A certificate of appropriateness is required prior to the commencement of any work, excluding ordinary repair and maintenance or emergency measures, on a property that is listed on the Yelm Historic Register, or within a historic district. B. Decision making authority. The Yelm Historic Preservation Commission shall issue a certificate of appropriateness. C. Criteria for approval. The Yelm Historic Preservation Commission shall review the proposed changes to affirm that the changes do not adversely affect the historic characteristics of the property which contribute to its designation. D. Term. The certificate of appropriateness is in effect until the property changes or is removed from the Yelm Historic Register. 18.12.050 Civil plan review A. When required. When improvements are proposed that are subject to the development standards of the Unified Development Code. B. Decision making authority. The Public Works Director or his /her designee shall process civil plans as provided in Chapter 18.10 YMC. C. Criteria for approval. Civil plans shall be approved if the proposal complies with all applicable development, construction, and design standards of the Unified Development Code and all construction details adopted by the City of Yelm. D. Term. Approval of civil plans shall be effective for 12 months from the date of approval, unless construction has begun and all other required permits have been issued, in which case civil plans are effective until the expiration of all other permits, or upon project completion, whichever is f rst. 18.12.060 Ministerial site plan review A. When required. Ministerial site plan review approval is required prior to: Agenda Item 8. a. Unified Development Code Page 76 of 340 1. The use of an existing building or previously approved site for a use that is not similar to the previous use considering the impacts of the two uses, the Standard Industrial Code Classification Manual divisions and major groups, and the intent of the zoning district in which the property is located. 2. The construction of any new residential building containing between 2 and nine dwelling units. 3. The addition of a tenant within a space previously permitted for a single business. 4. The expansion of a commercial, industrial, institutional, or public building that is 25 percent or less of the building footprint at the time it was originally permitted. 5. Co- location or limited modification of an existing wireless communication facility. B. Decision making authority. The Site Plan Review Committee shall process ministerial site plan review applications as provided in Chapter 18.10 YMC. C. Criteria for approval. A ministerial site plan review shall be approved if the proposal complies with all applicable development, construction, and design standards of the Unified Development Code. D. Term. Approval of a ministerial site plan review shall be effective for 18 months from the date of approval, unless construction has begun or civil plans have been approved, in which case the permit is effective until the expiration of civil plan approval or upon project completion, whichever is f rst. 18.12.070 Boundary line adjustment A. When required. A boundary line adjustment is required to alter the boundary line between platted or unplatted lots, or both. B. Decision making authority. The Community Development Director or his /her designee shall process boundary line adjustments as provided in Chapter 18.10 YMC. C. Criteria for approval. A boundary line adjustment shall be approved if the resulting lots conform to all applicable development and design standards of the Unified Development Code and when there will be no adverse impact to access or easements. D. Term. A boundary line adjustment is effective upon recording at the Thurston County Auditor's Office. Agenda Item 8. a. Unified Development Code Page 77 of 340 18.12.080 Home occupation A. When required. A home occupation approval is required whenever a residential dwelling unit is utilized for any use which requires a state or City business license. B. Decision making authority. The Community Development Director or his /her designee shall process home occupation permits as provided in Chapter 18.10 YMC. C. Criteria for approval. A home occupation shall be approved if the proposal complies with all applicable development, construction, and design standards of the Unified Development Code. D. Term. A home occupation approval is effective upon approval. A home occupation permit may be revoked upon determination that there has been a violation of any conditions of approval or standards of the Unified Development Code. 18.12.090 Final subdivisions, administrative subdivisions, subdivision alterations, and binding site plans A. When required. To create commercial or industrial building pads, to complete a subdivision alteration, or to create 10 or more lots in Yelm. B. Decision making authority. The City Council shall process final subdivisions, administrative subdivisions, subdivision alterations, and binding site plans as provided in Chapter 18.10 YMC. C. Criteria for approval. A final subdivision, administrative subdivision, subdivision alteration, or binding site plan shall be approved if all conditions of the preliminary approval have been met and all required improvements have been constructed and approved. D. Term. A final subdivision, administrative subdivision, subdivision alteration, or binding site plan is effective upon recording with the Thurston County Auditor's Office. A subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances and regulations in effect at the time of approval under Section 58.17.150(1) and (3) RCW for a period of five years after final plat approval unless the legislative body finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. Approved lots in a residential subdivision shall be a valid land use notwithstanding any change in zoning for a period of five years from the effective date of the final decision approving the subdivision. 18.12.100 Final short subdivisions A. When required. To create up to nine lots in the City of Yelm. Agenda Item 8. a. Unified Development Code Page 78 of 340 B. Decision making authority. The Community Development Director or his /her designee shall process final short subdivisions as provided in Chapter 18.10 YMC. C. Criteria for approval. A final short subdivision shall be approved if all conditions of the preliminary approval have been met and all required improvements have been constructed and approved. D. Term. A final short subdivision is effective upon recording with the Thurston County Auditor's Office. 18.12.110 Signs A. When required. Sign permits are required for the placement of any sign or banner not exempt from permit requirements pursuant to the Unified Development Code. B. Decision making authority. The Building Official or his /her designee shall process sign permits as provided in Chapter 18.10 YMC. C. Criteria for approval. Sign permits shall be approved if they comply with all applicable development, construction, and design standards of the Unified Development Code. D. Term. Sign permits are effective pursuant to the terms of the International Codes, as adopted by Washington State and the City of Yelm. 18.12.120 Street tree permit A. When Required. Street tree permits are required prior to any planting, removal, topping and /or major pruning of any street tree. B. Decision making authority. The Community Development Director or his /her designee shall process street tree permits as provided in Chapter 18.10 YMC. C. Criteria for approval. Street tree permits shall be approved if the proposal complies with the standard forth this document, and the current American Standard for Nursery Stock Guide. D. Term. Street tree permits are effective for six months, unless the permit is associated with another development permit, then the restrictions and deadlines of that approval shall apply. Agenda Item 8. a. Unified Development Code Page 79 of 340 CHAPTER 18.13 — ADMINISTRATIVE REVIEW 18.13.010 Administrative review - generally The purpose of the administrative review process is to ensure that projects are consistent with applicable development, construction, and design standards of the Unified Development Code and that all impacts attributable to a development are fully mitigated to ensure the use is compatible with the surrounding neighborhood. Administrative permits are discretionary and require public notice and comment periods, but do not require a public hearing. Administrative permits include: • Administrative site plan review • Short subdivision • Administrative subdivision • Subdivision alterations and amendments • Administrative variance 18.13.020 Administrative site plan review A. When required. Administrative site plan review approval is required prior to: 1. The use of property for new commercial, industrial, institutional, or public purposes. 2. The construction of any new commercial, industrial, institutional, or public building. 3. The construction of any new residential building with 10 or more dwelling units. 4. Manufactured housing community. 5. The expansion of a commercial, industrial, institutional, or public building which is greater than 25 percent of the building footprint at the time it was originally permitted. 6. The use of property for freestanding wireless communication facilities listed as a permitted use. B. Decision making authority. The Site Plan Review Committee shall process administrative site plan review permits as provided in Chapter 18.10 YMC. C. Criteria for approval. An administrative site plan review shall be approved if the proposal complies with all applicable development, construction, and design standards of the Unified Development Code and the Site Plan Review Committee finds that any impacts to neighboring Agenda Item 8. a. Unified Development Code Page 80 of 340 properties and the transportation system are mitigated, and the proposal is consistent with the goals and policies of the Yelm Comprehensive Plan. D. Term. Approval of an administrative site plan review shall be effective for 18 months from the date of approval, unless construction has begun or civil plans have been approved, in which case the permit is effective until the expiration of civil plan approval or upon project completion, whichever is first. 18.13.030 Short subdivision A. When required. A short subdivision is required for the division of land into nine or fewer parcels for the purpose of sale, lease, or transfer of ownership. B. Decision making authority. The Community Development Director or his /her designee shall process short subdivisions as provided in Chapter 18.10 YMC. C. Criteria for approval. A short subdivision shall be approved if: 1. Appropriate provisions are made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, sidewalks, and other features assuring safe walking conditions for students who only walk to and from school; 2. The public use and interest will be served by the platting of such subdivision and any dedication; 3. The proposed subdivision is in conformity with applicable zoning and other development regulations; 4. Public facilities impacted by the proposed subdivision will be adequate and available to serve the subdivision concurrently with the development or a plan to finance needed public facilities in time to assure retention of an adequate level of service; 5. The project is within an approved sewer service area with capacity to serve all lots within the subdivision. D. Term. Approval of a short subdivision shall be for five years from the date of approval. 18.13.040 Administrative subdivision A. When required. An administrative subdivision is required for the division of land into between 10 and 24 lots, for the purpose of sale, lease, or transfer of ownership, unless a public hearing is requested pursuant to Section 58.17.095 (1) RCW. Agenda Item 8. a. Unified Development Code Page 81 of 340 B. Decision making authority. The Site Plan Review Committee shall process administrative subdivisions as provided in Chapter 18.10 YMC. C. Criteria for approval. An administrative subdivision shall be approved if: 1. Appropriate provisions are made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, sidewalks and other features assuring safe walking conditions for students who only walk to and from school; 2. The public use and interest will be served by the platting of such subdivision and any dedication; 3. The proposed subdivision is in conformity with applicable zoning and other development regulations; 4. Public facilities impacted by the proposed subdivision will be adequate and available to serve the subdivision concurrently with the development or a plan to finance needed public facilities in time to assure retention of an adequate level of service; 5. The project is within an approved sewer service area with capacity to serve all lots within the subdivision. D. Term. Approval of an administrative subdivision shall be for five years from the date of approval. 18.13.050 Subdivision alterations and amendments A. When required. A subdivision alteration or amendment is required when any changes or alterations are requested to an approved subdivision. B. Decision making authority. The Site Plan Review Committee shall process administrative subdivisions as provided in Chapter 18.10 YMC unless a public hearing is requested pursuant to Section 58.17.215 RCW. C. Criteria for approval. A subdivision alteration or modification shall be approved if the proposed alteration is in conformity with applicable zoning and other development regulations, and the Site Plan Review Committee finds that any impacts to neighboring properties and the transportation system are mitigated, and the proposal is consistent with the goals and policies of the Yelm Comprehensive Plan; D. Term. Approval of an alteration or amendment shall be for five years from the date of approval, unless construction has begun and all other required permits have issued, in which case the permit is effective until the expiration of all other permits or upon project completion, whichever is first. Agenda Item 8. a. Unified Development Code Page 82 of 340 18.13.060 Administrative variance A. When required. An administrative variance is required when the requested front, side, or rear yard setback is greater than 85 percent of the required setback. B. Decision making authority. The Site Plan Review Committee shall process all administrative variances as provided in Chapter 18.10 YMC. C. Criteria for approval. An administrative variance shall be approved if: 1. Literal interpretation and application of provisions of this code would deprive the applicant of the rights commonly enjoyed by other properties in the same district; 2. A variance is necessary for the preservation and enjoyment of a property right possessed by other property in the same vicinity or district, but which is denied to the property in question because of special circumstances on that property; 3. That the hardship described under this subsection is specifically related to the property and is the result of unique conditions such as irregular lot shape, size, or natural features, and the application of this code, and not, for example, from deed restrictions or the applicant's own actions; 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to the right of other property owners in the vicinity; and 5. The variance will not permit a use prohibited by the Unified Development Code, in the district in which the subject property is located. D. Term. Approval of an administrative variance shall be effective for 18 months from the date of approval, unless construction has begun and all other required permits have issued, in which case the permit is effective until the expiration of all other permits or upon project completion, whichever is first. Agenda Item 8. a. Unified Development Code Page 83 of 340 CHAPTER 18.14 - QUASI - JUDICIAL REVIEW 18.14.010 Quasi - judicial review - generally The purpose of the quasi - judicial review process is to ensure that projects are consistent with applicable development, construction, and design standards of the Unified Development Code and that all impacts attributable to a development are fully mitigated to ensure the use is compatible with the surrounding neighborhood. Quasi - judicial permits are discretionary and require public notice, public comment periods, and public hearings. Quasi - judicial permits include: • Preliminary subdivisions • Special uses • Binding site plans • Planned residential developments • Mixed use developments • Variances • Critical area exception 18.14.020 Public hearings A. Public hearing required. A public hearing shall be held by the Hearing Examiner prior to rendering a decision or making a recommendation on quasi - judicial reviews. B. Notice of public hearing. Not less than 10 days prior to the date of the public hearing, notice shall be given by: 1. First class mail to all persons entitled to receive the notice of application; 2. Publication in the official newspaper of the City; and 3. Posting notice on the property. 4. For an adult entertainment buffering variance, in addition to the noticing requirements above, the notice shall also be sent by first class mailing to all parties within the 660 foot buffering distance. C. Contents of hearing notice. All notices of public hearing shall include: 1. A description of the location of the proposed action including a vicinity location sketch or a written description other than a legal description. 2. The date, time, and location of the public hearing. 3. A mailing and electronic mail address for submission of written comments prior to the hearing. Agenda Item 8. a. Unified Development Code Page 84 of 340 D. Special Considerations. 1. Vacations of rights -of -way. Notice of public hearing for the vacations of streets and alleys shall be given as follows: a. Upon passage of resolution by City Council, not less than 20 days notice shall be posted in three of the most public places in the City, and a like notice in a conspicuous place on the street or alley to be vacated. b. The notice shall contain a statement that a petition has been filed, and the date and location of the hearing. If the resolution was not initiated by petition of owners abutting the street, they shall be notified by mail as required by Section 35.79.020 RCW. 18. 14.030 Report by Community Development Department The Community Development Department shall coordinate and assemble the comments and recommendations of other City departments, governmental agencies and other interested parties and shall prepare a report summarizing the factors involved and the department's findings and recommendations. 18.14.040 Hearing Examiner or City Council's decision and recommendation — findings required A. The Hearing Examiner or City Council shall render a written decision which shall include findings of fact based upon the record created at the public hearing that support conclusions of law. B. A copy of such decision, including findings and conclusions, shall be transmitted by electronic mail or first class mail, to the applicant and other parties of record in the case who requested notice of the decision. 18.14.050 Preliminary subdivisions A. When required. A preliminary subdivision is required for the division of land into 25 or more lots for the purpose of sale, lease, or transfer of ownership, OR for the division of land into 10 or more lots when a public hearing on an administrative subdivision is requested pursuant to Section 58.17.095 (1) RCW. B. Decision making authority. The Hearing Examiner shall process preliminary subdivisions as provided in Chapter 18.10 YMC. C. Criteria for approval. A preliminary subdivision shall be approved if: 1. Appropriate provisions are made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, sidewalks and other features assuring safe walking Agenda Item 8. a. Unified Development Code Page 85 of 340 conditions for students who only walk to and from school; 2. The public use and interest will be served by the platting of such subdivision and any dedication; 3. The proposed subdivision is in conformity with applicable zoning and other development regulations; 4. Public facilities impacted by the proposed subdivision will be adequate and available to serve the subdivision concurrently with the development or a plan to finance needed public facilities in time to assure retention of an adequate level of service; 5. The project is within an approved sewer service area with capacity to serve all lots within the subdivision. D. Term. Approval of a preliminary subdivision shall be for five years from the date of approval. 18.14.060 Special use A. When required. A special use permit is required for any use identified as a special use in the zoning district in which it is located. B. Decision making authority. The Hearing Examiner shall process special use permits as provided in Chapter 18.10 YMC. C. Criteria for approval. A special use shall be approved if: 1. The proposed use will not be contrary to the intent or purposes and regulations of the Unified Development Code or the Yelm Comprehensive Plan; 2. The proposal is appropriate in design, character and appearance with the goals and policies of the Yelm Comprehensive Plan; 3. The proposed use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated by conditions of approval; 4. The proposal will be served by adequate facilities including access, fire protection, water, stormwater control, and sewage disposal facilities; 5. The location, size, and height of buildings, structures, walls and fences, and screening vegetation associated with the proposed use shall not unreasonably interfere with allowable development or use of neighboring properties; 6. The pedestrian and vehicular traffic associated with the special use will not be hazardous to existing and anticipated traffic in the neighborhood; Agenda Item 8. a. Unified Development Code Page 86 of 340 D. Term. Approval of a special use permit shall be effective for 18 months from the date of approval, unless construction has begun or civil plans have been approved, in which case the permit is effective until the expiration of civil plan approval or upon project completion, whichever is f rst. 18.14.070 Binding site plans A. When required. A binding site plan is required for the division of land into commercial or industrial pads. B. Decision making authority. The Hearing Examiner shall process binding site plans as provided in Chapter 18.10 YMC. C. Criteria for approval. A binding site plan shall be approved if: 1. Appropriate provisions are made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, sidewalks and other features assuring safe walking conditions for students who only walk to and from school; 2. The public use and interest will be served by the binding site plan and any dedication; 3. The proposed binding site plan is in conformity with applicable zoning and other development regulations; 4. Public facilities impacted by the proposed binding site plan will be adequate and available to serve the subdivision concurrently with the development or a plan to finance needed public facilities in time to assure retention of an adequate level of service; 5. The project is within an approved sewer service area with capacity to serve all pads in the binding site plan. 6. If building pads contain property outside the exterior walls of the buildings, all standards of the Unified Development Code relating to property lines have been met. D. Term. Approval of a binding site plan shall be for five years from the date of approval. 18.14.080 Planned residential development A. When required. A planned residential development overlay is required to vary from the development regulations of the zoning district in which it is located. B. Decision making authority. The Hearing Examiner shall process planned residential developments as provided in Chapter 18.10 YMC. Agenda Item 8. a. Unified Development Code Page 87 of 340 C. Criteria for approval. A planned residential development shall be approved if: 1. It is consistent with the goals and policies of the City of Yelm Comprehensive Plan; 2. It meets minimum requirements for fire and life safety; 3. It provides adequate provisions for utilities and other public services, roads, streets and sidewalks necessary to serve the needs of the development; 4. There are no unavoidable impacts to adjoining streets and neighborhoods; 5. The development creates no greater burden on present and public utilities and services than would result from traditional development. 6. The development is better than that resulting from traditional development. D. Term. Approval of a planned residential development shall be for 18 months from the date of approval unless application for final or partial final has been filed. 18.14.090 Mixed use development A. When required. A mixed use development overlay allows for a mix of residential and commercial uses indentified in the zoning district in which it is located. B. Decision making authority. The Hearing Examiner shall process mixed use developments as provided in Chapter 18.10 YMC. C. Criteria for approval. A mixed use development shall be approved if: 1. It preserves or creates environmental amenities superior to those generally found in conventional development; 2. It preserves or creates usable opens space for the enjoyment of the occupants; 3. it preserves to the greatest possible extent the natural characteristics of the land, including topography natural vegetation waterways, views, etc; 4. Encourages development of a variety of housing types; 5. Provides for maximum efficiency in the layout of streets, utility networks and other public improvements; 6. The development will be served by adequate facilities including access, fire protection, water, stormwater control, and sewage disposal facilities; Agenda Item 8. a. Unified Development Code Page 88 of 340 7. The pedestrian and vehicular traffic associated with the development will not be hazardous to existing and anticipated traffic in the neighborhood; and 8. The proposal is consistent in design, character and appearance with the goals and policies of the Yelm Comprehensive Plan. D. Term. Approval of a mixed use development shall be for 18 months from the date of approval unless application for final or partial final has been filed. 18.14.100 Variances A. When required. A variance is required to waive the design standards of the Unified Development Code, except where the waiver is an administrative variance. B. Decision making authority. The Hearing Examiner shall process all variances as provided in Chapter 18.10 YMC. C. Criteria for approval. A variance shall be approved if: 1. Literal interpretation and application of provisions of this code would deprive the applicant of the rights commonly enjoyed by other properties in the same district; 2. A variance is necessary for the preservation and enjoyment of a property right possessed by other properties in the same vicinity or district, but which is denied to the property in question because of special circumstances on that property; 3. That the hardship described under this subsection is specifically related to the property and is the result of unique conditions such as irregular lot shape, size, or natural features, and the application of this code, and not, for example, from deed restrictions or the applicant's own actions; 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to the right of other property owners in the vicinity; and 5. The variance will not permit a use prohibited by the Unified Development Code in the district in which the subject property is located. 6. For adult entertainment businesses, a variance from buffering requirements may be granted if the following criteria are met: a. The extent to which the physical features would result in an effective separation in terms of visibility and access; b. Compatibility with adjacent and surrounding land uses; Agenda Item 8. a. Unified Development Code Page 89 of 340 c. Ability to avoid the adult entertainment business by alternative vehicular and pedestrian routes. D. Term. Approval of a variance shall be effective for 18 months from the date of approval, unless construction has begun and all other required permits have issued, in which case the permit is effective until the expiration of all other permits or upon project completion, whichever is f rst. 18.14.110 Critical area exception A. When required. A critical area exception is required to waive the standards of the Critical Areas Code. B. Decision making authority. The Hearing Examiner shall process all critical area exceptions as provided in Chapter 18.10 YMC. C. Criteria for approval. An exception shall be approved if: 1. The strict application of the critical areas code would deny all reasonable economic use of the subject property; 2. The exception request meets the exception and reasonable use criteria as listed in Section 18.11.060. D. Term. Approval of a critical area exception shall be effective for the approval term of the underlying project. Agenda Item 8. a. Unified Development Code Page 90 of 340 CHAPTER 18.15 — LEGISLATIVE REVIEW 18.15.010 Legislative review — generally The purpose of the legislative review process is to ensure that the creating of new policies or codes that have broad public impact are made by the City Council after public input and a careful review process. Legislative review projects require public notice and a public hearing, and include: • Amendment of Unified Development Code • Conceptual master plan development • Final master plan development • Historic register listing or removal 18.15.020 Public hearings A. Public hearing required. A public hearing shall be held by the Planning Commission, Historic Preservation Commission, or Hearing Examiner prior to making a recommendation to the City Council on Quasi - judicial reviews. B. Notice of public hearing. Not less than 10 days prior to the date of the public hearing, notice shall be given by: 1. First class mail to all persons entitled to receive the notice of application. 2. Publication in the official newspaper of the City. 3. Posting the property. C. Contents of hearing notice. All notices of public hearing shall include: 1. A description of the proposed amendment. 2. The date, time, and location of the public hearing. 3. A mailing and electronic mail address for submission of written comments prior to the hearing. 18. 15.030 Amendment of Unified Development Code A. When required. When one or more owners of property file an application with the City to amend the Unified Development Code, when the City Council adopts a motion requesting the Planning Commission consider an amendment to the Unified Development Code, or when the Planning Commission or Hearing Examiner recommends the City Council consider an amendment to the Unified Development Code. B. Decision making authority. The City Council acts on amending the Unified Development Code by ordinance, after receiving a recommendation from the Planning Commission or Hearing Examiner. Agenda Item 8. a. Unified Development Code Page 91 of 340 C. Criteria for approval. Amendments to the Unified Development Code may be approved so long as the City Council finds that the amendment is consistent with the goals and policies of the Comprehensive Plan, furthers the implementation of the Comprehensive Plan, and is in the public use and interest. D. Term. Amendments to the Unified Development Code take effect five days after publication of the ordinance or a summary of the ordinance adopting the amendment. 18.15.040 Conceptual master planned development A. When required. A conceptual master planned development approval is required when a property owner or applicant wishes to establish general land use policies to guide detailed planning for and development of property identified as a master planned community by the official zoning map for the City of Yelm. B. Decision making authority. The City Council acts on a conceptual master planned development application, after receiving a recommendation from the Hearing Examiner. C. Criteria for approval. A conceptual master planned development may be approved so long as the City Council finds that the conceptual plan is consistent with the goals and polices of the Comprehensive Plan, furthers the implementation of the Comprehensive Plan, and is in the public use and interest. D. Term. A conceptual master planned development approval is effective for 10 years after approval by the City Council, provided that if the approval shall be extended 10 years from the date of approval of every final master planned development within the master planned development. Upon approval by the City Council of a conceptual master planned development, the official zoning map shall be updated to include the proposed use districts, transportation routes, and case file number of the conceptual approval. 18.15.050 Final master planned development A. When required. A final master planned development approval is required when a property owner or applicant wishes to establish specific development standards within all or a portion of a conceptual master planned community. B. Decision making authority. The City Council acts on a final master planned development application, after receiving a recommendation from the Hearing Examiner. Agenda Item 8. a. Unified Development Code Page 92 of 340 C. Criteria for approval. A final master planned development may be approved when the City Council finds that the final master plan is consistent with the conceptual master planned development approval and complies with the goals and policies of the Yelm Comprehensive Plan, and the provisions of the Unified Development Code. D. Term. A final master planned development approval is effective for five years after approval by the City Council, provided that if the approval shall be extended three years from the date of approval of every project approval within the final master planned development. 18.15.060 Yelm Historic Register listing A. When required. Approval for inclusion to the Yelm Historic Register is required when there is a nomination from the Historic Preservation Commission to place a property, building, or site on the Yelm Register of Historic Places. B. Decision making authority. The City Council acts on a Yelm Historic Register nomination after receiving a recommendation from the Historic Preservation Commission. C. Criteria for approval. Any building, structure, site, object or district may be designated for inclusion in the Yelm Historic Register if it is significantly associated with the history, architecture, archaeology, engineering, or cultural heritage of the community; if it has integrity; is at least 50 years old, or is of lesser age and has exceptional importance; and if it falls in at least one of the following categories 1. Is associated with events that have made a significant contribution to the broad patterns of national, state or local history; 2. Helps in the understanding of the history of the local area, state, or nation (whichever is applicable) by illuminating the local, statewide, or nationwide impact of the events or persons associated with the property, or its architectural type or style in information potential; 3. Embodies the distinctive architectural characteristics of a type, period, style, or method of design or construction, or represents a significant and distinguishable entity whose components may lack individual distinction; 4. Is an outstanding work of a designer, builder or architect who has made a substantial contribution to the art; 5. Exemplifies or reflects special elements of the City's cultural, special, economic, political, aesthetic, engineering or architectural history; 6. Is associated with the lives of persons significant in national, state or local history; Agenda Item 8. a. Unified Development Code Page 93 of 340 7. Has yielded or may be likely to yield important archaeological information related to history or prehistory; 8. Is a building or structure removed from its original location but which is significant primarily for architectural value, or which is the structure significantly associated with an historic person or event; 9. Is a birthplace or grave of an historical figure of outstanding importance; 10. Is a cemetery which derives its primary significance from age, from distinctive design features, or from association with historic events, or cultural patterns; 11. Is a reconstructed building that has been executed in an historically accurate manner on the original site; and 12. Is a creative and unique example of folk architecture and design created by persons not formally trained in the architectural or design professions, and which does not fit into formal architectural or historical categories. D. Term. The listing on the Yelm Historical Register remains indefinitely unless the property is no longer deemed appropriate for designation to the register, or when a Waiver of Certificate of Appropriateness is issued for the demolition of property on the register. 18.15.070 Removal from Yelm Historic Register A. When required. Approval is required to remove a property from the Yelm Historic Register. B. Decision making authority. The City Council acts on the removal of a property from the Yelm Historic Register after receiving a recommendation from the Historic Preservation Commission. C. Criteria for approval. The Historic Preservation Commission must determine that the property is no longer appropriate for designation to the register based on the following criteria. 1. When there is no alternative to demolition of property; 2. When the property becomes a hazard to public safety; or 3. When the listing of the property becomes a financial burden to the property owner. D. Term. The removal of designation from the register is permanent, unless other historic relevance of the site is found, and requested to be listed again. Agenda Item 8. a. Unified Development Code Page 94 of 340 CHAPTER 18.16 — CONCURRENCY MANAGEMENT 18.16.010 Intent of concurrency management The intent of concurrency management is to implement the concurrency provisions of the Comprehensive Plan and to implement the provisions for determining adequate facilities found in the Growth Management Act, Section 36.70A.070 RCW and Sections 365- 195 -510 and 365- 195 -835 WAC, the State Subdivision Act, Chapter 58.17 RCW, and the State Building Code, Chapter 19.27 RCW. The concept of concurrency is based on the maintenance of specified levels of service through capacity monitoring, allocation and reservation procedures. Concurrency describes the situation in which water, sewer and /or transportation facilities are available when the impacts of development occur. For transportation facilities, this time period is established by statue as within six years from the time of development. No approval shall be issued except in accordance with this chapter. If a project requires more than one approval or permit, a separate concurrency determination will be made for every approval or permit, as required by this chapter. 18.16.020 Exemptions No development activity shall be exempt from the requirements of this chapter unless specifically listed below. The following types of approvals and permits are exempt provided they do not create additional long -term impacts on transportation facilities or sewer capacity in the City's wastewater treatment plant, or water capacity in the City's water system: • Administrative interpretations; • Sign permits; • Street vacations; • Demolition permits; • Right -of -way use permits; • Interior alterations with no change of use; • Clearing and grading permits; • Plumbing permits; • Electrical permits; • Mechanical permits; • Driveway or street access permit; • Tenant improvement permits in previously occupied spaces; Agenda Item 8. a. Unified Development Code Page 95 of 340 • Fire sprinkler permits; • Temporary use permits; • Special event permits; • Home occupations; • Boundary line adjustments; • Critical areas permits; • Variances. Notwithstanding the above, if any of the above approvals or generate any new peak P.M. trips, require additional sewer increase water consumption, such approval or permit shall no t from the requirements of this chapter. 18.16.030 Level of service standards permits will capacity, or be exempt Level of service (LOS) is the established minimum capacity of public facilities or services that must be provided per unit of demand or other appropriate measure of need, as mandated by Chapter 36.70A RCW. LOS standards shall be used to determine if public facilities or services are adequate to support a development's impact at the time the impact occurs. A. Transportation. The City has designated levels of service for road facilities in the Comprehensive Plan, as follows: 1. In all residential zones, LOS C. 2. In all commercial and light industrial zones, LOS D. 3. In the urban core between 4th Street and Solberg Street, LOS F is recognized as a level of service where mitigation to create traffic diversions, bypasses, and alternate routes and modes of transportation are authorized and being planned, funded, and implemented, and can result in improved LOS. Level of service is calculated using the methodology found in the Highway Capacity Manual for signalized and unsignalized intersections using the average delay of all legs. The Site Plan Review Committee shall identify concurrency intersections annually. B. Water. The ability to provide potable water to the consumer for use and fire protection in accordance with adopted health and environmental regulations. C. Sewer. The ability to treat and discharge wastewater in accordance with adopted health and environmental regulations. Agenda Item 8. a. Unified Development Code Page 96 of 340 The Community Development Department shall use the adopted LOS standards to make concurrency evaluations as part of the review of any development. 18.16.040 Procedures for concurrency evaluations A. Ministerial, Administrative, and Quasi - judicial review projects. 1. Prior to issuance of any ministerial, administrative, or quasi - judicial approval, the decision maker shall conduct a concurrency evaluation. 2. If the decision maker finds concurrency based on the concurrency evaluation, the issuance of the underlying permit or approval constitutes the finding. 3. If the decision maker finds that the proposal will have an impact on a public facility that causes a level of service failure that cannot be mitigated, or that potable water is not available pursuant to Section 19.27.097 RCW, the permit or approval will be denied. 4. A finding of concurrency for a ministerial, administrative, or quasi - judicial permit or approval may be appealed only as part of an appeal of the underlying permit or approval. B. Legislative review projects. 1. Prior to approval of any legislative review project, the decision maker shall conduct a concurrency evaluation. 2. If the decision maker finds concurrency based on the concurrency evaluation, that finding shall be documented in the written decision. 3. If the decision maker finds that the proposal will have an impact on a public facility that causes a level of service failure that cannot be mitigated, the legislative review project will be denied. 4. There is no City appeal of a concurrency determination for legislative review projects. 18.16.050 Criteria for issuing a finding of concurrency A. Ministerial reviews. 1. Construction Permits. a. Transportation. Frontage improvements have been or will be constructed prior to building occupancy and all improvements identified as necessary to issue a finding of concurrency on the underlying development approval have been made or are fully funded six years from the date of the approval of the underlying development approval. b. Water. The status of the City's water system annual operating Agenda Item 8. a. Unified Development Code Page 97 of 340 permit with the Washington Department of Health allows new water system connections. c. Sewer. The City's sewer system is operating within the conditions and parameters of the City's National Pollution Discharge Elimination Permit and has capacity to serve the proposal. 2. All other ministerial reviews. a. Transportation. Frontage improvements have been or will be constructed prior to building occupancy and all improvements identified as necessary to issue a finding of concurrency on the underlying development approval have been made or are fully funded six years from the date of the approval of the underlying development approval. b. Water. The status of the City's water system annual operating permit with the Washington Department of Health allows new water system connections or is anticipated to allow new connections at the time a construction permit will be issued. c. Sewer. The City's sewer system is operating within the conditions and parameters of the City's National Pollution Discharge Elimination Permit and has capacity to serve the proposal or is anticipated to be available to serve at the time a construction permit will be issued. B. Administrative reviews. 1. Administrative site plan review. a. Transportation. The level of service at concurrency intersections will not drop below accepted levels of service due to new trips associated with the proposed development unless the planned improvements identified in the six year transportation improvement program would maintain levels of service. b. Water. The infrastructure required to serve the proposed use is in place or will be constructed as a condition of the site plan review approval and it is reasonably anticipated that sufficient water rights to serve the proposed use will be in place at the time of impact to the system (construction permit issuance). c. Sewer. The infrastructure required to serve the proposed use is in place or will be constructed as a condition of the site plan review approval and it is reasonably anticipated that sufficient treatment plant capacity to serve the proposed use will be in place at the time of impact to the system (construction permit issuance). 2. Preliminary short subdivisions and administrative subdivisions. Agenda Item 8. a. Unified Development Code Page 98 of 340 a. Transportation. The level of service at concurrency intersections will not drop below accepted levels of service due to new trips associated with the proposed land division unless the planned improvements identified in the six year transportation improvement program would maintain levels of service. b. Water. At the time of preliminary approval, the planned infrastructure identified in the six year improvement program and water rights acquisition program of the water system plan are sufficient to provide for the proposed land division. c. Sewer. At the time of preliminary approval, the planned infrastructure identified in the six year improvement program of the sewer system plan are sufficient to provide for the proposed land division and it is reasonably anticipated that the treatment plant has sufficient capacity to provide for the proposed land division. 3. All other administrative reviews. a. Transportation. The level of service at concurrency intersections will not drop below accepted levels of service due to new trips associated with the proposed development unless the planned improvements identified in six year transportation improvement program would maintain levels of service. b. Water. The infrastructure required to serve the proposed use is in place or will be constructed as a condition of the site plan review approval and it is reasonably anticipated that sufficient water rights to serve the proposed use will be in place at the time of impact to the system (construction permit issuance). c. Sewer. The infrastructure required to serve the proposed use is in place or will be constructed as a condition of the site plan review approval and it is reasonably anticipated that sufficient treatment plant capacity to serve the proposed use will be in place at the time of impact to the system (construction permit issuance). C. Quasi - judicial reviews. 1. Preliminary subdivisions, binding site plans, mixed use developments, and planned residential developments. a. Transportation. The level of service at concurrency intersections will not drop below accepted levels of service due to new trips associated with the proposed land division unless the planned improvements identified in six year transportation improvement program would maintain levels of service. b. Water. At the time of preliminary approval, the planned Agenda Item 8. a. Unified Development Code Page 99 of 340 infrastructure identified in the six year improvement program and water rights acquisition program of the water system plan are sufficient to provide for the proposed land division. c. Sewer. At the time of preliminary approval, the planned infrastructure identified in the six year improvement program of the sewer system plan are sufficient to provide for the proposed land division and it is reasonably anticipated that the treatment plant has sufficient capacity to provide for the proposed land division. 2. Special uses. a. Transportation. The level of service at concurrency intersections will not drop below accepted levels of service due to new trips associated with the proposed development unless the planned improvements identified in six year transportation improvement program would maintain levels of service. b. Water. The infrastructure required to serve the proposed use is in place or will be constructed as a condition of the special use approval and it is reasonably anticipated that sufficient water rights to the proposed use will be in place at the time of impact to the system (construction permit issuance). c. Sewer. The infrastructure required to serve the proposed use is in place or will be constructed as a condition of the special use approval and it is anticipated that the treatment plant has sufficient capacity to serve the proposed use at the time of impact to the system (construction permit issuance). 3. All other quasi - judicial reviews. a. Transportation. The level of service at concurrency intersections will not drop below accepted levels of service due to new trips associated with the proposed development unless the planned improvements identified in six year transportation improvement program would maintain levels of service. b. Water. The infrastructure required to serve the proposed use is in place or will be constructed as a condition of the special use approval and it is reasonably anticipated that sufficient water rights to the proposed use will be in place at the time of impact to the system (construction permit issuance). c. Sewer. The infrastructure required to serve the proposed use is in place or will be constructed as a condition of the special use approval and it is anticipated that the treatment plant has sufficient capacity to serve the proposed use at the time of impact Agenda Item 8. a. Unified Development Code Page 100 of 340 to the system (construction permit issuance). D. Legislative reviews. 1. Conceptual and final master planned developments. a. Transportation. The environmental documents and conceptual master site plan identify how transportation levels of service within the City will be maintained if the Master Planned Development is approved. Development within the Master Planned Development will be subject to a finding of concurrency appropriate to the development approval being issued. b. Water. The environmental documents and conceptual master site plan identify how water system levels of service within the City will be maintained if the Master Planned Development is approved. Development within the Master Planned Development will be subject to a finding of concurrency appropriate to the development approval being issued. c. Sewer. The environmental documents and conceptual master site plan identify how sewer system levels of service within the City will be maintained if the Master Planned Development is approved. Development within the Master Planned Development will be subject to a finding of concurrency appropriate to the development approval being issued. 2. Annexations. a. Transportation. The transportation plan includes the infrastructure to serve the proposed annexation area. b. Water. The annexation area is within Yelm's retail water service area and the water system plan includes the infrastructure and water rights to serve the proposed annexation area. c. Sewer. The annexation area is within Yelm's sewer service area and the sewer system plan includes the infrastructure and treatment plant capacity to serve the proposed annexation area. 18.16.060 Effect of a finding of concurrency. The factors affecting available capacity, in some instances, lie outside of the City's control. The City's adoption of this chapter relating to the manner in which the City will make its best attempt to determine infrastructure capacity does not create a duty in the City to provide water or sewer service to the public or any individual, regardless of whether a finding of concurrency has been made. Agenda Item 8. a. Unified Development Code Page 101 of 340 A finding of concurrency is not a guarantee that water and /or sewer will be available to serve the proposed project at the time a building permit application is made. 18.16.070 Reservation of water or sewer connections The City may reserve water and sewer capacity by resolution of the City Council for essential public facilities, improvements indentified in an adopted capital facilities plan and listed in the six year improvement program. 18.16.080 Improvement deferrals. In certain circumstances it may not be appropriate to require installation of improvements required for a finding of concurrency at the time a development occurs. In such situations, the Site Plan Review Committee may permit deferral of installation of such improvements to a later date under the provisions of this section. The City may authorize a deferral of any or all required improvements, provided one or more of the following criteria are met: A. The installation of required improvements would be inconsistent with the City's long -range street or utility system Comprehensive Plans. B. The installation of improvements could be more safely, efficiently and effectively implemented if done concurrently with the installation of improvements required for other properties along the same street frontage. C. The scope of the improvement being authorized does not constitute a significant change in the existing demands of the use of property upon the City's transportation and utility transmission systems. D. The developer and property owner enter into a mitigation agreement with the City that ensures the proposal pays its pro -rata cost of the improvement. E. The developer and property owner enter into an agreement to participate in a local improvement district formed for the construction of the improvement. 18.16.090 Impact fees A. Transportation. The project makes a contribution to the facilities relating to capacity improvements identified in the adopted six year traffic improvement program, in the form of a transportation facility charge calculated as follows: The City Council shall establish the transportation facility charge (TFC) annually as part of the adoption of the most current six year transportation improvement program (STIP). The TFC shall be based on Agenda Item 8. a. Unified Development Code Page 102 of 340 the development's contribution to the increase in local traffic and the capacity - related improvements identified in the STIP. STIP x LP) x TG — BG TFC = TG (TG — BT STIP = The total cost of all capacity - related improvements on the six year transportation improvement program. LP = The percentage local traffic (generated within the City of Yelm) represents the total traffic at the intersection of 1st Street and Yelm Avenue. TG = Total traffic growth (peak p.m.), based on an annual growth rate applied to the base traffic count over the six year period covered by the latest STIP. BG = Background traffic growth (peak p.m.), based on an annual growth rate applied to the base traffic count over the six year period covered by the latest STIP, excluding any new development. BT = Baseline traffic (peak p.m.) in the first year of the latest STIP. 1. Credits shall be given to reflect the projected impact on the community system, such as traffic decreases where an existing facility on -site is removed or replaced, and traffic reduction systems which are binding and likely to remain effective for the life of the project. 2. Credits may also be given for projects which create a significant economic benefit to the community, including industrial or manufacturing uses with an excess of 500 trips per day. The size of the credit shall be measured at an appropriate percentage of the anticipated annual tax revenue increase to the community and available for capital contribution to transportation facilities on the approved plan as a result of the project. The said credit shall be calculated as follows: a. Estimated gross revenue for six years. b. Multiply gross revenue by 0.2 percent (B &O tax). c. Multiply gross revenue subject to sales tax by 1.5 percent (City share of state sales tax). e. Add products of b and c above. f. Multiply total from line e by nine percent (percentage of tax revenue budgeted to City road fund). g. Multiply product from line f by 28 percent (percentage of money in Agenda Item 8. a. Unified Development Code Page 103 of 340 the road fund that is designated as private share for projects on the TFC). B. Schools. The project makes a contribution to the fire protection facilities as identified in the most current version of the capital facilities plan adopted by Yelm Community Schools and endorsed by resolution of the Yelm City Council. C. Fire Protection Facilities. The project makes a contribution to the fire protection facilities as identified in the most current version of the capital facilities plan adopted by the S.E. Thurston Fire Authority and endorsed by resolution of the Yelm City Council. D. Payment of impact fees shall be as follows: 1. For projects involving the division of land for sale or lease, upon the issuance of a building permit for construction of each lot of record, for the traffic attributable to that lot; 2. For projects approved through site plan review, upon the issuance of the building permit authorizing the construction of any phase, for the traffic associated with that phase; 3. For projects approved through site plan review which do not include a list of tenants at the time of approval, upon the issuance of the building permit for the tenant improvements, if required, or otherwise upon the issuance of the business license, for the traffic associated with that tenant. Agenda Item 8. a. Unified Development Code Page 104 of 340 CHAPTER 18.17 - IMPROVEMENT AGREEMENTS AND FINANCIAL GUARANTEES 18.17.010 Agreement in lieu of completion of improvements. Before any subdivision is finally approved the subdivider shall install required improvements and replace or repair any such improvements which are damaged in the development of the subdivision. In lieu of installation of all required improvements, the subdivider may execute and file with the city an agreement guaranteeing completion of such improvements together with any needed replacement or repair. The agreement shall: A. Specify the period of time within which all work required shall be completed. Such schedule may provide for construction of improvements in units or phases. In no case shall the time for completion exceed one year from the date of final approval of the subdivision. The agreement may provide for reasonable extensions of time for completion of work. Extensions must be requested, approved by the City Council and properly secured as provided herein in advance of the required initial completion date; B. Require notice by the subdivider to the Public Works Director promptly upon completion of all required improvements; C. Provide for notice of approval or disapproval by the director of the improvement within a reasonable time after receiving notice of completion; D. Designate the form and require financial security to be provided by the subdivider in a form permitted by this chapter; E. Provide that if the subdivider fails to complete all required work within the period specified, including any approved extensions of time, the City may take steps to demand performance of the developer's obligation within a reasonable time not to exceed 90 days from the date of demand; F. Provide that if the required improvements are not completed within that time, the City may take action to forfeit the financial security; G. Provide that the city shall be entitled to recover all costs of such action including reasonable attorney's fees; H. Provide that following recovery of the proceeds of the financial security, those proceeds shall be used to complete the required improvements and pay the costs incurred; I. Provide that should the proceeds of the financial security be insufficient for completion of the work and payment of the costs, the City shall be entitled to recover the deficiency from the subdivider. Agenda Item 8. a. Unified Development Code Page 105 of 340 18.17.020 Agreement to assure successful operation of improvements Regardless of whether all required improvements are completed prior to final approval of any subdivision of land, as a condition of such approval the subdivider shall execute an agreement to assure successful operation of said improvements. The agreement shall: A. Require the subdivider to post a bond or other financial security permitted by this chapter to secure successful operation of all required improvements and full performance of the developer's maintenance obligation. Such financial security shall be effective for a two -year period following approval of installation of all required improvements; B. Require the subdivider to perform maintenance functions on drainage improvements for a period of time not to exceed two years from approval of their completion or final subdivision approval, whichever is later. Such maintenance functions shall be specified by the Public Works Director and shall be reasonably related to the burdens which the subdivision will impose on drainage facilities during the time maintenance is required. The City Council may agree to accept and perform maintenance of the improvements, in which case the subdivider's obligation to perform maintenance functions shall terminate; C. Not relieve the subdivider of liability for the defective condition of any required improvements discovered following the effective term of the security given; D. A waiver by the subdivider of all claims for damages against any governmental authority which may occur to the adjacent land as a result of construction, drainage and maintenance of the streets and other improvements. 18.17.030 Form of financial security To assure full performance of the agreements required by this chapter, the subdivider shall provide one or more of the following: A. A surety bond executed by a surety company authorized to transact business in the State of Washington in a form approved by the city attorney; B. A letter of credit from a financial institution stating that the money is held for the purpose of development of the stated project in a form approved by the city attorney. 18.17.040 Amount of financial security The financial security required by this chapter shall be for one and one -half percent of the sum estimated by the public works director to be the City's Agenda Item 8. a. Unified Development Code Page 106 of 340 cost upon the developer's failure to comply with the above agreements and all related engineering and incidental expenses, final survey monumentation and preparation of reproducible City approved drawings of as -built improvements. 18.17.050 Defective work The acceptance of improvements by the City shall not prevent the City from making a claim against the developer for any defective work if such is discovered within two years (or less if provided by state law) after the date of completion of the work. Agenda Item 8. a. Unified Development Code Page 107 of 340 CHAPTER 18.18 - ENFORCEMENT 18.18.010 Purpose and intent A. The purpose of this chapter is to provide a standard enforcement process for the Design Guidelines, Yelm Engineering Specifications and Standard Details, procedures, and permit requirements of the Unified Development Code, provided that the enforcement of construction permits subject to the State Building Code Act, Chapter 19.27 RCW, shall be subject to the enforcement procedures, penalties, and notice requirements of that act. B. The primary intent of all enforcement actions described in this chapter is to educate the public and to encourage the voluntary correction of violations. Civil and criminal penalties will be used only when necessary to ensure compliance with the provisions of the codes to which this chapter applies. Criminal charges will be brought only when civil remedies have failed to ensure compliance. 18.18.020 Violations. A. It is a violation of this chapter to remove or deface any sign, notice, complaint, or order required by or posted in accordance with this code. B. It is a violation of this chapter to fail to comply with notices or orders issued pursuant to this chapter. 18.18.030 Enforcement and duty to enforce A. Provisions of the regulations to which the enforcement provisions of this chapter apply will be enforced for the benefit of the health, safety, and welfare of the general public, and not for the benefit of any particular person or class of persons. B. The Community Development Department is authorized to enforce the regulations to which the enforcement provisions of this code apply. The Community Development Department may call upon law enforcement, public works, or other appropriate City departments to assist in enforcement. C. The police and all officers and officials charged with enforcement of the law are authorized to enforce provisions of this code. D. The owner of any real or personal property subject to enforcement action and any person responsible for a violation are liable for failure to comply with the regulations to which the enforcement provisions of this chapter apply or to comply with notices or orders issued pursuant to this chapter. E. No provision or term used in this code is intended to impose any duty upon the City or any of its officers or employees which would subject them or the City to damages in a civil action. Agenda Item 8. a. Unified Development Code Page 108 of 340 F. No approval shall be granted for a land use permit, land division, building permit or connection to City services for any lot, tract, or parcel of land on which there is a final determination of a violation of any state law or City code to which the enforcement provisions of this chapter apply, pertinent to use or development of the property, unless such violations are either corrected prior to application or are required to be corrected as a condition of approval. City approval granted on that basis may be revoked at any time if there is a failure to comply with conditions of approval or violation of any state law or City regulation pertinent to use or development of the property. G. Violator's Liability for Damages. Any person who violates any provisions or any permit issued under the codes to which the enforcement provisions of this chapter apply shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to violation. The City attorney may bring suit for damages under this section on behalf of the City. Private persons shall have the right to bring suit for damages under this section on their own behalf and on the behalf of all persons similarly situated. If liability has been established for the cost of restoring an area affected by a violation, the court shall make provision to assure that restoration will be accomplished within a reasonable time at the expense of the violator. 18.18.040 Investigation and service of notice of violation A. The Community Development Department shall investigate any facts which lead the Community Development Department to reasonably believe that a person, use, or condition is in violation of the codes to which the enforcement provisions of this chapter apply. B. Should the administrator be denied access to such property to carry out the purpose and provision of this section, the administrator may apply to any court of competent jurisdiction for a search warrant authorizing access. 1. The administrator or his /her designee may request the consent to enter property for the purpose of examining property, buildings, premises, records, or other physical evidence, or for conducting tests or taking samples. 2. The administrator or designee may apply for an administrative search warrant to a court official authorized to issue a criminal search warrant. An administrative search warrant may be issued for the purposes described in subsection (13)(1) of this section. The warrant shall be issued upon probable cause. It is sufficient probable cause to show either of the following: Agenda Item 8. a. Unified Development Code Page 109 of 340 a. The inspection, examination, test, or sampling is pursuant to a general administrative plan to determine compliance with this code; or b. The administrator has reason to believe that a violation of this code or permit issued pursuant to this code has occurred or is occurring. C. If after investigation, the administrator determines that any provision of this code has been violated, a notice of correction letter shall be the first attempt at obtaining compliance. If voluntary compliance is not obtained, the administrator shall serve a notice of violation upon the owner and person(s) responsible for the violation. The notice of violation shall state the following: 1. Description of the activity that is causing a violation; 2. Each provision violated; 3. Any civil penalty imposed; 4. The corrective action, if any, necessary to comply with said provisions; 5. A reasonable time for compliance according to provisions of this section; and 6. That continued or subsequent violation may result in enforcement action through a court of competent jurisdiction. D. Following a notice of violation, the administrator and person in violation may develop a mutually agreeable compliance plan. The compliance plan shall establish a reasonable and specific time frame for compliance. No further action will be taken if the terms of the compliance plan are met. If no compliance plan is established, enforcement of the violation will proceed. E. When calculating a reasonable time for compliance, the administrator shall consider the following criteria: 1. The type and degree of violations cited in the notice; 2. The stated intent, if any, of a person responsible to take steps to comply; 3. Procedural requirements for obtaining a permit to carry out corrective action; 4. the complexity of corrective action, including seasonal considerations, construction requirements, and the legal rights and responsibilities of landlords and tenants; or 5. Any other circumstances beyond the control of the party responsible. Agenda Item 8. a. Unified Development Code Page 110 of 340 F. If the administrator believes that the requirements of this section are not being met, the administrator shall, in addition to the notice of violation, issue applicable stop work or emergency orders. G. The notice of violation, stop work order, or emergency order shall be served upon the owner and person(s) responsible for the violation by personal service, registered mail, or certified mail with return receipt requested, addressed to the last known address of each such person. If after a reasonable search and reasonable efforts are made to obtain service, the whereabouts of the person or persons is still unknown, or service cannot be accomplished and the administrator makes an affidavit to that effect, then service of the notice of violation may be made by: 1. Publication of the notice once each week for 2 consecutive weeks in the official newspaper of the City; 2. Mailing a copy of the notice or order to each person named on the notice or order by first class mail to the last known address if any, if known, or, if unknown, to the address of the property involved in the proceeding; and 3. Mailing a copy to the taxpayer of record. H. A copy of the notice or order shall be posted at a conspicuous place on the premises, unless posting the notice or order is not physically possible. I. The administrator may mail or cause to be delivered to all residential and nonresidential units on the premises, or to be posted at a conspicuous place on the premises, a notice which informs each recipient or resident about any notice of violation, stop work order, or emergency order and the applicable requirements and procedures. Notices issued in this manner are sufficient for purposes of due process. J. A notice of violation, a stop work order, or an emergency order may be amended at any time in order to: 1. Correct clerical errors; or 2. Cite additional authority for a stated violation. K. If the scope of the notice is to be expanded or decreased, then a new notice of violation, a stop work order, or an emergency order shall be issued in order to expand or decrease the scope of the notice or order as consistent with the intent of this section and new timelines may be established pursuant to subsection (D) of this section. L. Nothing in this chapter shall be deemed to limit or preclude any civil or criminal action or proceeding available otherwise. Agenda Item 8. a. Unified Development Code Page 111 of 340 M. Nothing in this chapter shall be deemed to limit or preclude the administrator from seeking the most appropriate course of action deemed necessary in relationship to the severity of the violation. 18.18.050 Stop work order, emergency, and abatement orders A. Stop Work Order. Whenever a continuing violation of this code will materially impair the administrator's ability to secure compliance with this code, or when any person is proceeding in defiance of permit requirements, the administrator may issue a stop work order specifying the violation and prohibiting any work or other activity at the site. The stop work order shall be served on the person(s) responsible pursuant to Section 18.18.040 YMC and shall be posted in a conspicuous place on the premises, if posting is reasonable and practical. Failure to comply with a stop work order shall constitute a violation of this chapter. B. Emergency Order. 1. Whenever any use or activity in violation of the codes to which the enforcement provisions of this chapter apply threatens the health or safety of occupants of the premises or any member of the public, the administrator may issue an emergency order directing that the use or activity be discontinued and the condition causing threat to health and safety be corrected. The emergency order shall be served on the person(s) responsible pursuant to 18.18.04 YMC, shall specify the time for compliance, and shall be posted in a conspicuous place on the premises, if posting is physically possible. Failure to comply with an emergency order shall constitute a violation of this chapter. 2. Any condition described in an emergency order which is not corrected within the time specified in the order is a public nuisance. The administrator is authorized to abate said nuisance summarily by such means as the administrator finds reasonable. The cost of such abatement shall be recovered from the owner or the person responsible or both in any manner provided by law. 18.18.060 Penalties A. Civil Penalties. Any person violating or failing to comply with any of the provisions of the codes to which the enforcement provisions of this chapter apply may be subject to a cumulative civil penalty of up to $250.00 per day for each active occurrence of violation. B. Additional Penalties. 1. In addition to civil and criminal penalties, the administrator may seek injunctive relief to enjoin any acts or practices and abate any nuisance or other condition which constitutes or will constitute a violation of the codes to which the enforcement provisions of this Agenda Item 8. a. Unified Development Code Page 112 of 340 chapter apply when civil penalties are inadequate to affect compliance, or when otherwise appropriate. Owners of real or personal property adversely affected by a violation of the codes to which the enforcement provisions of this chapter apply may also seek injunctive relief. 2. The administrator may issue a stop work order pursuant to 18.18.050 YMC at any time during these proceedings. 3. The administrator may issue an emergency order pursuant to 18.18.050 YMC at any time during these proceedings. C. Appeal of the Issuance of Penalties. Within 30 days after the notice is received, the person incurring a penalty under this section may appeal the determination that a violation occurred or may request remission or mitigation of the penalty. Upon receipt of the application, the Hearing Examiner shall hold a closed record hearing pursuant to Chapter 18.10 YMC. If the examiner determines that a violation occurred, the penalty may be remitted or mitigated for good cause, upon whatever terms the examiner finds acceptable. D. Innocent Purchaser. No application for a building permit or other development permit for any lot, tract, or parcel of land divided in violation of Chapter 58.17 RCW or Title 18 YMC will be granted without prior approval of the administrator. Approval will only be given if the applicant demonstrates the following: 1. The property will be connected to the City sanitary sewer system and potable water system; 2. The Community Development Department has certified that the proposed lot, tract, or parcel of land is served with an adequately designed means of access, and with adequate drainage facilities, none of which interferes with existing or planned public or private road and drainage facilities in the vicinity; 3. The proposed development will not adversely affect the safety or health of adjacent property owners; 4. The Community Development Director has certified that the proposed land division and development conform to the policies and directives of the Comprehensive Plan; and 5. The applicant did not know, and could not have known by exercising reasonable care in purchasing the land, that the lot, tract, or parcel had been part of a larger lot, tract, or parcel divided in violation of state law or this code. Agenda Item 8. a. Unified Development Code Page 113 of 340 18.18.070 Unauthorized critical area alterations and enforcement A. When a critical area or its buffer has been altered in violation of this chapter, all ongoing development work shall stop and the critical area shall be restored. The City shall have the authority to issue a stop work order to cease all ongoing development work, and order restoration, rehabilitation, or replacement measures at the owner's or other responsible party's expense to compensate for violation of provisions of this chapter. B. Requirement for Restoration Plan. All development work shall remain stopped until a restoration plan is prepared and approved by City. Such a plan shall be prepared by a qualified professional using the best available science and shall describe how the actions proposed meet the minimum performance standards. The administrator shall, at the violator's expense, seek expert advice in determining the adequacy of the plan. Inadequate plans shall be returned to the applicant or violator for revision and resubmittal. C. Minimum Performance Standards for Restoration. 1. For alterations to critical aquifer recharge areas, frequently flooded areas, wetlands, and habitat conservation areas, the following minimum performance standards shall be met for the restoration of a critical area; provided, that if the violator can demonstrate that greater functional and habitat values can be obtained, these standards may be modified: a. The historic structural and functional values shall be restored, including water quality and habitat functions; b. The historic soil types and configuration shall be replicated; c. The critical area and buffers shall be replanted with native vegetation that replicates the vegetation historically found on the site in species types, sizes, and densities. The historic functions and values should be replicated at the location of the alteration; and d. Information demonstrating compliance with the requirements for mitigation plans shall be submitted to the administrator. 2. For alterations to flood and geological hazards, the following minimum performance standards shall be met for the restoration of a critical area; provided, that, if the violator can demonstrate that greater safety can be obtained, these standards may be modified: a. The hazard shall be reduced to a level equal to, or less than, the pre - development hazard; Agenda Item 8. a. Unified Development Code Page 114 of 340 b. Any risk of personal injury resulting from the alteration shall be eliminated or minimized; and c. The hazard area and buffers shall be replanted with native vegetation sufficient to minimize the hazard. D. Site Inspections. The administrator is authorized to make site inspections and take such actions as are necessary to enforce this chapter. The administrator shall present proper credentials and make a reasonable effort to contact any property owner before entering onto private property. E. Penalties. Penalties and enforcement shall be as provided in Section 18.18.060 YMC. Agenda Item 8. a. Unified Development Code Page 115 of 340 UNIFIED DEVELOPMENT CODE ENVIRONMENT I,,, III III e of Cainteints CHAPTER 18.20 — STATE ENVIRONMENTAL POLICY ACT ............................................................... ..............................1 18.20.010 INTENT ................................................................................................................... ..............................1 18.20.020 CATEGORICAL EXEMPTIONS ........................................................................................ ..............................1 18.20.030 ENVIRONMENTAL POLICIES ......................................................................................... ..............................1 18.20.040 DESIGNATION OF RESPONSIBLE OFFICIAL ....................................................................... ..............................1 18.20.050 CONSISTENCY WITH THE COMPREHENSIVE PLAN AND ADOPTED DEVELOPMENT REGULATIONS ..............................1 18.20.060 PUBLIC NOTICE ........................................................................................................ ..............................2 18.20.070 PUBLIC AND AGENCY COMMENTS ................................................................................ ..............................2 18.20.080 SUBSTANTIVE AUTHORITY .......................................................................................... ..............................3 18.20.090 PREPARATION OF ENVIRONMENTAL IMPACT STATEMENTS ................................................. ..............................4 18.20.100 IMPOSITION OF FEES IN LIEU OF IMPROVEMENT .............................................................. ..............................4 18.20.110 NOTICE OF ACTION ................................................................................................... ..............................4 CHAPTER 18.21— CRITICAL AREAS AND RESOURCE LANDS ........................................................... ..............................5 18.21.010 INTENT ................................................................................................................... ..............................5 18.21.020 BEST AVAILABLE SCIENCE ........................................................................................... ..............................7 18.21.030 APPLICABILITY, EXEMPTION, AND EXCEPTIONS ................................................................ ..............................9 18.21.040 ALLOWED ACTIVITIES ............................................................................................... .............................11 18.21.050 GENERAL CRITICAL AREA PROTECTIVE MEASURES ........................................................... .............................15 18.21.060 WETLANDS ............................................................................................................ .............................16 18.21.070 CRITICAL AQUIFER RECHARGE AREAS ........................................................................... .............................27 18.21.080 FREQUENTLY FLOODED AREAS .................................................................................... .............................28 18.21.090 FLOOD DAMAGE PROTECTION ................................................................................... .............................34 18.21.100 GEOLOGICALLY HAZARDOUS AREAS ............................................................................. .............................40 18.21.110 FISH AND WILDLIFE HABITAT CONSERVATION AREAS ........................................................ .............................44 Agenda Item 8. a. Unified Development Code Page 116 of 340 Agenda Item 8. a. Unified Development Code Page 117 of 340 CHAPTER 18.20 — STATE ENVIRONMENTAL POLICY ACT 18.20.010 Intent The intent of this chapter is to implement the requirements of the State Environmental Policy Act, Chapter 43.21C (RCW) and Chapter 197 -11 (WAC). 18.20.020 Categorical exemptions A. The exempt threshold for minor new construction in the City of Yelm pursuant to Section 197 -11 -800 WAC shall be: 1. Projects proposing 24 or fewer single family dwelling units. 2. Projects proposing 32 or fewer multiple family dwelling units. 3. The construction of any office, school, commercial, recreational, service or storage building 10,000 square feet or smaller which creates fewer than 25 new peak PM trips to the transportation system and with 90 or fewer associated parking stalls; 4. Any landfill or excavation permit for 1,000 cubic yards or less throughout the lifetime of the permit. 18.20.030 Environmental policies The following documents are to be considered as environmental policies of the City of Yelm: A. The City of Yelm Comprehensive Plan and Joint Plan with Thurston County, together with appendices and plans referenced therein; B. The Yelm Creek Flood Hazard Management Plan; C. The Nisqually River Management Plan; D. The Unified Development Regulations of the City of Yelm; E. The Yelm Engineering Specifications and Standard Details of the City of Yelm. 18.20.040 Designation of responsible official For those proposals for which the City is the lead agency, the responsible official shall be the Community Development Director of the City of Yelm. 18.20.050 Consistency with the Comprehensive Plan and adopted Development Regulations The principal guide in measuring environmental impacts shall be whether the proposed project is consistent with: A. The Comprehensive Plan for the City of Yelm; Agenda Item 8. a. Unified Development Code Page 118 of 340 B. The Development Regulations designed to implement the Comprehensive Plan. 18.20.060 Public notice A. Whenever the responsible official issues a determination of non - significance pursuant to Section 197 -11 -340 (2) WAC, notice shall be given as follows: 1. Sending the determination by US Mail or email to agencies with jurisdiction and affected tribes. 2. If public notice is required for the underlying permit, the notice shall state whether a determination has been issued and when comments are due. 3. If no public notice is required for the underlying permit, the determination of non - significance shall be published in a newspaper of general circulation in the City. B. Whenever the responsible official issues a determination of significance pursuant to Section 197 -11- 360(3) WAC, notice shall be given as follows: 1. Sending the determination, draft scope, and scoping procedures by US Mail or email to agencies with jurisdiction, agencies with environmental expertise, and affected tribes. 2. The determination, draft scope, and scoping procedures shall be published in a newspaper of general circulation in the City. C. Whenever the City issues a draft environmental impact statement pursuant to Section 197 -11 -455 (5) WAC, a supplemental environmental impact statement under Section 197 -11 -620 WAC, or a final environmental impact statement, notice of the availability of those documents shall be provided as follows: 1. Sending a notice of availability by US Mail or email to agencies with jurisdiction, agencies with environmental expertise, affected tribes, and all persons, organizations, or agencies which provided comments to the City on the project. 2. Publishing a notice of availability in a newspaper of general circulation in the City. 18.20.070 Public and agency comments A. The responsible official shall consider all comments received during the comment period for a determination of non - significance and, based on those comments, may withdraw or modify the determination. Agenda Item 8. a. Unified Development Code Page 119 of 340 B. The decision maker on the underlying permit shall consider all comments received during the comment period for the determination of non - significance or that of the underlying permit and, based on those comments, may attach mitigation measures to the underlying permit pursuant to Section 18.20.080 YMC. C. The responsible official shall consider all comments received during the comment period on a determination of significance and its draft scope and, based on those comments, may modify the final scope for the environmental impact statement. D. The responsible official shall consider and respond to all comments received during the comment period on a draft environmental impact statement in the final environmental impact statement. 18.20.080 Substantive authority A. The decision maker on the underlying permit may approve the underlying permit with mitigation measures pursuant to Section 197 -11- 660 WAC through the use of substantive authority. Mitigation measures attached to the underlying permit through the use of substantive authority must be: 1. Based on the goals and policies of the Yelm Comprehensive Plan and Development Regulations in effect at the time the threshold determination is issued; 2. Related to specific, adverse environmental impacts clearly identified in an environmental document on the proposal; 3. Stated in writing by the decision maker, along with citation to the policy that is the basis of the mitigation measure; 4. Reasonable and capable of being accomplished; and 5. Imposed on applicant only to the extent attributable to the identified adverse impacts of its proposal. B. The decision maker on the underlying permit may deny the permit for a proposal pursuant to Section 197 -11 -660 WAC through the use of substantive authority, provided that: 1. A finding is made that approving the proposal would result in probable and significant adverse environmental impact identified in a final or supplemental environmental impact statement; and 2. A finding is made that there are capable of being accomplished identified impacts; and no reasonable mitigation measures that are sufficient to mitigate the 3. The denial is based on one or more of the policies identified in this Agenda Item 8. a. Unified Development Code Page 120 of 340 section and identified in writing in the decision document. C. The City designates and adopts by reference the following policies as the basis for the exercise of authority pursuant to this section: 1 The goals and policies of the Yelm Comprehensive Plan. 2. Adopted Capital Facilities Plans, including but not limited to the Water System Plan, General Sewer Plan, Transportation Plan, and Parks Plan. 3. The Yelm Unified Development Code, Title 18 YMC. 18.20.090 Preparation of environmental impact statements The preparation of draft and final environmental impact statements and draft and final supplemental environmental impact statements shall be accomplished under the direction of the responsible official. 18.20.100 Imposition of fees in lieu of improvement Where the public interest is served in the construction of a regional public facility, and where a project impacts a public facility and will in fact be benefitted by the facility, the City may impose a fee in lieu of requiring construction of a portion of the public facility where: A. A proportionality exists between the fee imposed, the facility to be constructed, the impact of the project, and the benefit to the project; B. The facility is identified in the Comprehensive Plan and in specific public facility plans designed to implement the Comprehensive Plan; C. The City has otherwise satisfied all requirements for the imposition of a fee for development set forth in Chapter 82.02 RCW. 18.20.110 Notice of action The City, an applicant for, or a proponent of an action may publish a notice of action pursuant to Section 43.21C.080 RCW for any action. The form of such notice shall be substantially in the form provided in Section 197 -11 -990 WAC and shall be published by the City clerk /treasurer, the applicant or the proponent pursuant to Section 43.21C.080 RCW. Agenda Item 8. a. Unified Development Code Page 121 of 340 CHAPTER 18.21 — CRITICAL AREAS AND RESOURCE LANDS 18.21.010 Intent The intent of this chapter is to designate and classify ecologically sensitive and hazardous areas and to protect these areas and their functions and values, while also allowing for reasonable use of private property. A. By limiting development and alteration of critical areas, this chapter seeks to: 1. Protect members of the public and public resources and facilities from injury, loss of life, or property damage due to landslides and steep slope failures, erosion, seismic events, volcanic eruptions, or flooding; 2. Maintain healthy, functioning ecosystems through the protection of unique, fragile, and valuable elements of the environment, including ground and surface waters, wetlands, and fish and wildlife and their habitats, and to conserve the biodiversity of plant and animal species; 3. Direct activities not dependent on critical areas resources to less ecologically sensitive sites and mitigate unavoidable impacts to critical areas by regulating alterations in and adjacent to critical areas; and 4. Prevent cumulative adverse environmental impacts to water quality, wetlands, and fish and wildlife habitat, and the overall net loss of wetlands, frequently flooded areas, and habitat conservation areas. Unavoidable impacts are impacts that remain after all appropriate and practicable measures have been achieved. B. The regulations of this chapter are intended to protect critical areas in accordance with the Growth Management Act and through the application of the best available science, and in consultation with state and federal agencies and other qualified professionals, as determined according to Sections 365- 195 -900 through 365- 195 -925 WAC. C. This chapter is to be administered with flexibility and attention to site - specific characteristics. It is not the intent of this chapter to make a parcel of property unusable by denying its owner reasonable economic use of the property, or to prevent the provision of public facilities and services necessary to support existing and planned development without decreasing current service levels below minimum standards. D. Relationship to other regulations. 1. These critical areas regulations shall apply as an overlay and in addition to zoning and other development regulations adopted by the Agenda Item 8. a. Unified Development Code Page 122 of 340 City. 2. When a property or development is subject to more than one critical area overlay or other regulations apply to a development, the more restrictive shall apply. E. Compliance with the provisions of this chapter does not constitute compliance with other federal, state, and local regulations and permit requirements. The applicant is responsible for complying with these requirements, apart from the process established in this chapter. F. Interpretation. In the interpretation and application of this chapter, the provisions of this chapter shall be considered to be the minimum requirements necessary, shall be liberally construed to serve the purpose of this chapter, and shall be deemed to neither limit nor repeal any other provisions under state statute. G. Jurisdiction - critical areas. 1. The City shall regulate all uses, activities, and developments within, adjacent to, or likely to affect one or more critical areas, consistent with the best available science and the provisions herein. 2. Critical areas regulated by this chapter include: a. Wetlands; b. Critical aquifer recharge areas; c. Frequently flooded areas; d. Geologically hazardous areas; and e. Fish and wildlife habitat conservation areas. 3. All areas within the City meeting the definition of one or more critical areas, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this chapter. 4. Areas adjacent to critical areas subject to regulation. Areas adjacent to critical areas shall be considered to be within the jurisdiction of these requirements and regulations. Adjacent shall mean any activity located: a. On a site immediately adjoining a critical area; b. A distance equal to or less than the required critical area buffer width and building setback; c. A distance equal to or less than one -half mile (2,640 feet) from a bald eagle nest; d. A distance equal to or less than 300 feet upland from a stream, wetland, or water body; Agenda Item 8. a. Unified Development Code Page 123 of 340 e. Within the floodway, floodplain, or channel migration zone; or f. A distance equal to or less than 200 feet from a critical aquifer recharge area. H. Protection of critical areas. Any action taken pursuant to this chapter shall result in equivalent or greater functions and values of the critical areas associated with the proposed action, as determined by the best available science. All actions and developments shall be designed and constructed to avoid, minimize, and restore all adverse impacts. Applicants must first demonstrate an inability to avoid or reduce impacts, before restoration and compensation of impacts will be allowed. No activity or use shall be allowed that results in a net loss of the functions or values of critical areas I. Protect functions and values of critical areas with special consideration to anadromous fish. Critical area reports and decisions to alter critical areas shall rely on the best available science to protect the functions and values of critical areas and must give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish, such as salmon and bull trout, and their habitat. 18.21.020 Best available science A. Best available science to be consistent with criteria. The best available science is that scientific information applicable to the critical area prepared by local, state, or federal natural resource agencies, a qualified scientific professional, or team of qualified scientific professionals that is consistent with criteria established in Sections 365- 195 -900 through 365- 195 -925 WAC. Sources of the best available science are included in Citations of Recommended Sources of Best Available Science for Designating and Protecting Critical Areas, published by the Washington State Department of Community, Trade and Economic Development. B. Characteristics of a valid scientific process. In the context of critical areas protection, a valid scientific process is one that produces reliable information useful in understanding the consequences of a local government's regulatory decisions, and in developing critical areas policies and development regulations that will be effective in protecting the functions and values of critical areas. To determine whether information received during the permit review process is reliable scientific information, the administrator shall determine whether the source of the information displays the characteristics of a valid scientific process. Such characteristics are as follows: 1. Peer review. The information has been critically reviewed by other persons who are qualified scientific experts in that scientific discipline. The proponents of the information have addressed the criticism of the Agenda Item 8. a. Unified Development Code Page 124 of 340 peer reviewers. Publication in a refereed scientific journal usually indicates that the information has been appropriately peer- reviewed; 2. Methods. The methods used to obtain the information are clearly stated and reproducible. The methods are standardized in the pertinent scientific discipline or, if not, the methods have been appropriately peer- reviewed to ensure their reliability and validity; 3. Logical conclusions and reasonable inferences. The conclusions presented are based on reasonable assumptions supported by other studies and consistent with the general theory underlying the assumptions. The conclusions are logically and reasonably derived from the assumptions and supported by the data presented. Any gaps in information and inconsistencies with other pertinent scientific information are adequately explained; 4. Quantitative analysis. The data has been analyzed using appropriate statistical or quantitative methods; 5. Context. The information is placed in proper context. The assumptions, analytical techniques, data, and conclusions are appropriately framed with respect to the prevailing body of pertinent scientific knowledge; and 6. References. The assumptions, analytical techniques, and conclusions are well referenced with citations to relevant, credible literature and other pertinent existing information. C. Nonscientific information. Nonscientific information may supplement scientific information, but it is not an adequate substitute for valid and available scientific information. Common sources of nonscientific information include anecdotal information, no expert opinion, and hearsay. D. Absence of valid scientific information. Where there is an absence of valid scientific information or incomplete scientific information relating to a critical area leading to uncertainty about the risk to critical area function of permitting an alteration of or impact to the critical area, the administrator shall: 1. Take a "precautionary or a no -risk approach" that strictly limits development and land use activities until the uncertainty is sufficiently resolved; and 2. Require application of an effective adaptive management program that relies on scientific methods to evaluate how well regulatory and nonregulatory actions protect the critical area. An adaptive management program is a formal and deliberate scientific approach to taking action and obtaining information in the face of uncertainty. Agenda Item 8. a. Unified Development Code Page 125 of 340 An adaptive management program shall: a. Address funding for the research component of the adaptive management program; b. Change course based on the results and interpretation of new information that resolves uncertainties; and c. Commit to the appropriate timeframe and scale necessary to reliably evaluate regulatory and nonregulatory actions affecting protection of critical areas and anadromous fisheries. 18.21.030 Applicability, exemption, and exceptions A. Applicability. 1. The provisions of this chapter shall apply to all lands, all land uses and development activity, and all structures and facilities in the City, whether or not a permit or authorization is required, and shall apply to every person, firm, partnership, corporation, group, governmental agency, or other entity that owns, leases, or administers land within the City. No person, company, agency, or applicant shall alter a critical area or buffer except as consistent with the purposes and requirements of this chapter. 2. The City shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water, or vegetation, or to construct or alter any structure or improvement in, over, or on a critical area or associated buffer, without first ensuring compliance with the requirements of this chapter. B. Exempt activities. The following developments, activities, and associated uses shall be exempt from the provisions of this chapter; provided that they are otherwise consistent with the provisions of other local, state, and federal laws and requirements: 1. Emergencies. Those activities necessary to prevent an immediate threat to public health, safety, or welfare, or that pose an immediate risk of damage to private property and that require remedial or preventative action in a timeframe too short to allow for compliance with the requirements of this chapter. Emergency actions that create an impact to a critical area or its buffer shall use reasonable methods to address the emergency; in addition, they must have the least possible impact to the critical area or its buffer. The person or agency undertaking such action shall notify the City within one working day following commencement of the emergency activity. Within 30 days, or sooner if the administrator deems it is necessary to critical areas protection, the administrator shall determine if the action taken was within the scope of the Agenda Item 8. a. Unified Development Code Page 126 of 340 emergency actions allowed in this subsection. After the emergency, the person or agency undertaking the action shall fully fund and conduct necessary restoration and /or mitigation for any impacts to the critical area and buffers resulting from the emergency action in accordance with an approved critical area report and mitigation plan. The person or agency undertaking the action shall apply for review, and the alteration, critical area report, and mitigation plan shall be reviewed by the City in accordance with the review procedures contained herein. Restoration and /or mitigation activities must be initiated within one year, or sooner if the administrator deems it is necessary to critical areas protection, of the date of the emergency, and completed in a timely manner; 2. Operation, maintenance, or repair. Operation, maintenance, or repair of existing structures, infrastructure improvements, utilities, public or private roads, dikes, levees, or drainage systems, that do not require construction permits, if the activity does not further alter or increase the impact to, or encroach further within, the critical area or buffer and there is no increased risk to life or property as a result of the proposed operation, maintenance, or repair. Restoration measures taken to restore an altered or damaged natural feature include: a. active steps to restore damaged wetlands, streams, protected habitat, or their buffers to the functioning condition that existed prior to an unauthorized alteration, and b. actions performed to reestablish structural and functional characteristics of the critical area that have been lost by alteration, past management activities, or catastrophic events. 3. Passive outdoor activities. Recreation, education, and scientific research activities that do not degrade the critical area. C. Exempt activities and impacts to critical areas. All exempt activities shall use reasonable methods to avoid potential impacts to critical areas. Any incidental damage to, or alteration of, a critical area that is not a necessary outcome of the exempted activity shall be restored, rehabilitated, or replaced. D. Exception - essential public facilities or reasonable use. If the application of this chapter would prohibit a development proposal for an essential public facility, the agency or utility may apply for an exception. If the application of this chapter would deny all reasonable economic use of the subject property, the City shall determine if compensation is an appropriate action, or the property owner may apply for an exception. Agenda Item 8. a. Unified Development Code Page 127 of 340 An exception to this chapter may be granted by the Hearing Examiner in accordance with Chapter 18.14 YMC. 18.21.040 Allowed activities A. Critical area report. Activities allowed under this chapter shall have been reviewed and permitted or approved by the City, but do not require submittal of a separate critical area report, unless required previously for an underlying permit. The administrator may apply conditions to the underlying permit or approval to ensure that the allowed activity is consistent with the provisions of this chapter to protect critical areas. B. Required use of best management practices (BMP's). All allowed activities shall be conducted using the best management practices that result in the least amount of impact to the critical areas. BMP's are measures that control soil loss and reduce water quality degradation, minimize adverse impacts to surface and ground water, protect trees and vegetation, and provide standards for proper use of chemical herbicides. The City shall observe the use of best management practices to ensure that the activity does not result in degradation to the critical area. Any incidental damage to, or alteration of, a critical area shall be restored, rehabilitated, or replaced. C. Allowed activities. The following activities are allowed: 1. Permit Requests subsequent to previous critical area review. Development permits and approvals that involve both discretionary land use approvals and construction approvals if all of the following conditions have been met: a. The provisions of this chapter have been previously addressed as part of another approval; b. There have been no material changes in the potential impact to the critical area or buffer since the prior review; c. There is no new information available that is applicable to any critical area review of the site or particular critical area; d. The permit or approval has not expired or, if no expiration date, no more than five years have elapsed since the issuance of that permit or approval; and e. Compliance with any standards or conditions placed upon the prior permit or approval has been achieved or secured; 2. Modification to existing structures. Structural modification of, addition to, or replacement of an existing legally constructed structure that does not further alter or increase the impact to the critical area or buffer and there is no increased risk to life or property as a result of Agenda Item 8. a. Unified Development Code Page 128 of 340 the proposed modification or replacement; provided, that restoration of structures substantially damaged by fire, flood, or act of nature must be initiated within 18 months of the date of such damage, as evidenced by the issuance of a valid building permit, and diligently pursued to completion; 3. Activities within the improved right -of -way. Replacement, modification, installation, or construction of utility facilities, lines, pipes, mains, equipment, or appurtenances, not including substations, when such facilities are located within the improved portion of the public right -of -way or a City- authorized private roadway except those activities that alter a wetland or watercourse, such as culverts or bridges, or result in the transport of sediment or increased stormwater, subject to the following: a. Critical area and /or buffer widths shall be increased, where possible, equal to the width of the right -of -way improvement, including disturbed areas; and b. Retention and replanting of native vegetation shall occur wherever possible along the right -of -way improvement and resulting disturbance. Native vegetation includes plant species that are indigenous to the area in question. c. Removal of invasive species. 4. Minor utility projects. Utility projects which have minor or short - duration impacts to critical areas, as determined by the administrator in accordance with the criteria below, and which do not significantly impact the function or values of a critical area(s); provided, that such projects are constructed with best management practices and additional restoration measures are provided. Minor activities shall not result in the transport of sediment or increased stormwater. Such allowed minor utility projects shall meet the following criteria: a. There is no practical alternative to the proposed activity with less impact on critical areas; b. The activity involves the placement of a utility pole, street signs, anchor, or vault or other small component of a utility facility; and c. The activity involves disturbance of an area less than 75 square feet; 5. Public and private pedestrian trails. Public and private pedestrian trails, except in wetlands, fish and wildlife habitat conservation areas, or their buffers, subject to the following: a. The trail surface shall meet all other requirements including water quality standards set forth in the [locally adopted stormwater Agenda Item 8. a. Unified Development Code Page 129 of 340 management regulations]; b. Critical area and /or buffer widths shall be increased, where possible, equal to the width of the trail corridor, including disturbed areas; and c. Trails proposed to be located in landslide or erosion hazard areas shall be constructed in a manner that does not increase the risk of landslide or erosion and in accordance with an approved geotechnical report; 6. Select vegetation removal activities. The following vegetation removal activities; provided, that no vegetation shall be removed from a critical area or its buffer without approval from the administrator: a. The removal of the following vegetation with hand labor, light equipment or regulated grazing: i. Invasive and noxious weeds; ii. English ivy (Hedera helix); iii. Himalayan blackberry (Rubus discolor, R. procerus); iv. Evergreen blackberry (Rubus laciniatus); and v. Scotch broom (Cytisus scoparius) b. The removal of trees from critical areas and buffers that are hazardous, posing a threat to public safety or posing an imminent risk of damage to private property; provided, that: The applicant submits a report from a certified arborist, registered landscape architect, or professional forester that documents the hazard and provides a replanting schedule for the replacement trees; ii. Tree cutting shall be limited to pruning and crown thinning, unless otherwise justified by a qualified professional. Where pruning or crown thinning is not sufficient to address the hazard, trees should be removed or converted to wildlife snags; iii. All vegetation cut (tree stems, branches, etc.) shall be left within the critical area or buffer unless removal is warranted due to the potential for disease or pest transmittal to other healthy vegetation; iv. The landowner shall replace any trees that are removed with new trees at a ratio of two replacement trees for each tree removed (2:1) within one year in accordance with an approved restoration plan. Replacement trees may be planted at a different nearby location if it can be determined that planting in Agenda Item 8. a. Unified Development Code Page 130 of 340 the same location would create a new hazard or potentially damage the critical area. Replacement trees shall be species that are native and indigenous to the site and a minimum of one inch in diameter -at- breast height (dbh) for deciduous trees and a minimum of six feet in height for evergreen trees as measured from the top of the root ball; v. If a tree to be removed provides critical habitat, such as an eagle perch, a qualified wildlife biologist shall be consulted to determine timing and methods or removal that will minimize impacts; and vi. Hazard trees determined to pose an imminent threat or danger to public health or safety, to public or private property, or of serious environmental degradation may be removed or pruned by the landowner prior to receiving written approval from the City; provided, that within 14 days following such action, the landowner shall submit a restoration plan that demonstrates compliance with the provisions of this chapter. c. Measures to control a fire or halt the spread of disease or damaging insects consistent with the state Forest Practices Act; Chapter 76.09 RCW; provided, that the removed vegetation shall be replaced in -kind or with similar native species within one year in accordance with an approved restoration plan; and d. Unless otherwise provided, or as a necessary part of an approved alteration, removal of any vegetation or woody debris from a habitat conservation area or wetland shall be prohibited; 7. Chemical applications. The application of herbicides, pesticides, organic or mineral- derived fertilizers, or other hazardous substances, if necessary, as approved by the City; provided, that their use shall be restricted in accordance with State Department of Fish and Wildlife Management recommendations and the regulations of the State Department of Agriculture and the U.S. Environmental Protection Agency; 8. Minor site investigative work. Work necessary for land use submittals, such as surveys, soil logs, percolation tests, and other related activities, where such activities do not require construction of new roads or significant amounts of excavation. In every case, impacts to the critical area shall be minimized and disturbed areas shall be immediately restored; and 9. Navigational aids and boundary markers. Construction or modification of navigational aids and boundary markers. Agenda Item 8. a. Unified Development Code Page 131 of 340 18.21.050 General critical area protective measures A. Critical area markers and signs. 1. The boundary at the outer edge of critical area tracts and easements shall be delineated with permanent survey stakes as established by local survey standards. 2. The boundary at the outer edge of the critical area or buffer shall be identified with temporary signs prior to any site alteration. Such temporary signs shall be replaced with permanent signs prior to occupancy or use of the site. 3. These provisions may be modified by the administrator as necessary to ensure protection of sensitive features or wildlife needs. B. Financial guarantee to ensure mitigation, maintenance, and monitoring. 1. When mitigation required pursuant to a development proposal is not completed prior to the City final permit approval, such as final plat approval or final building inspection, the City shall require the applicant to post a financial guarantee in a form and amount deemed acceptable by the City. If the development proposal is subject to mitigation, the applicant shall post a financial guarantee security in a form and amount deemed acceptable by the City to ensure mitigation is fully functional. 2. The bond shall be in the amount of 150 percent of the estimated cost of the uncompleted actions or the estimated cost of restoring the functions and values of the critical area that are at risk, whichever is greater. 3. The bond shall be in the form of an assignment of savings account in the City trust fund. 4. Financial guarantees shall remain in effect until the City determines in writing, that the standards bonded for have been met. Bonds or other security shall be held by the City for a minimum of five years to ensure that the required mitigation has been fully implemented and demonstrated to function, and may be held for longer periods when necessary. 5. Depletion, failure, or collection of bond funds shall not discharge the obligation of an applicant or violator to complete required mitigation, maintenance, monitoring, or restoration. 6. Public development proposals shall be relieved from having to comply with the bonding requirements of this section if public funds have previously been committed for mitigation, maintenance, monitoring, or restoration. Agenda Item 8. a. Unified Development Code Page 132 of 340 7. Any failure to satisfy critical area requirements established by law or condition including, but not limited to, the failure to provide a monitoring report within 30 days after it is due or comply with other provisions of an approved mitigation plan shall constitute a default, and the City may demand payment of any financial guarantees or require other action authorized by the City code or any other law. 8. Any funds recovered pursuant to this section shall be used to complete the required mitigation. C. Critical area Inspections. Reasonable access to the site shall be provided to the City, state, and federal agency review staff for the purpose of inspections during any proposal review, restoration, emergency action, or monitoring period. 18.21.060 Wetlands A. Designating wetlands. Wetlands are those areas, designated in accordance with the Washington State Wetland Identification and Delineation Manual (1997), that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions. All areas within the City meeting the wetland designation criteria in the Identification and Delineation Manual, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this chapter. B. Wetland ratings. Wetlands shall be rated according to the Washington State Department of Ecology (Ecology) wetland rating system found in the Washington State Wetland Rating System documents or as revised by Ecology. 1. Wetland rating categories. a. Category I. Category I wetlands are those that: i. Represent a unique or rare wetland type; or ii. Are more sensitive to disturbance than most wetlands; or iii.Are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime; or iv.Provide a high level of functions. These include estuarine wetlands, natural heritage wetlands, bogs, mature and old - growth forested wetlands, wetlands in coastal lagoons and wetlands that score more than 70 points in the 2004 rating system. b. Category II. Category II wetlands are difficult, though not impossible, to replace, and provide high levels of some functions. Agenda Item 8. a. Unified Development Code Page 133 of 340 Category II wetlands in western Washington include wetlands scoring between 51 and 69 points in the 2004 rating system. c. Category III. Category III wetlands are those with a moderate level of functions (scores between 30 and 50 points). Wetlands scoring between 30 and 50 points generally have been disturbed in some ways and are often less diverse or more isolated from other natural resources in the landscape than Category II wetlands. d. Category IV. Category IV wetlands have the lowest levels of functions (scores less than 30 points) and are often heavily disturbed. 2. Date of wetland rating. Wetland rating categories shall be applied as the wetland exists on the date of adoption of the rating system by the local government, as the wetland naturally changes thereafter, or as the wetland changes in accordance with permitted activities. Wetland rating categories shall not change due to illegal modifications. C. Mapping. The approximate location and extent of wetlands are shown on the critical area maps prepared by the Community Development Department. These maps are to be used as a guide for the City, project applicants, and /or property owners, and may be continuously updated as new critical areas are identified. They are a reference and do not provide a final critical area designation. The exact location of a wetland's boundary shall be determined through the performance of a field investigation by a qualified professional wetland scientist applying the Washington State Wetlands Identification and Delineation Manual as required by Section 36.70A.175 RCW. D. Activities allowed in wetlands. The activities listed below are allowed in wetlands in addition to those activities listed in, and consistent with, the provisions established in allowed activities, and do not require submission of a critical area report, except where such activities result in a loss to the functions and values of a wetland or wetland buffer. These activities include: 1. Conservation or preservation of soil, water, vegetation, fish, shellfish, and other wildlife that does not entail changing the structure or functions of the existing wetland. 2. The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops and provided the harvesting does not require tilling of soil, planting of crops, chemical applications, or alteration of the wetland by changing existing topography, water conditions, or water sources. 3. Drilling for utilities under a wetland; provided that the drilling does Agenda Item 8. a. Unified Development Code Page 134 of 340 not interrupt the ground water connection to the wetland or percolation of surface water down through the soil column. Specific studies by a hydrologist are necessary to determine whether the ground water connection to the wetland or percolation of surface water down through the soil column is disturbed. 4. Enhancement of a wetland through the removal of nonnative invasive species. Weeding shall be restricted to hand removal and weed material shall be removed from the site. Bare areas that remain after weed removal shall be re- vegetated with native shrubs and trees at natural densities. Some hand seeding may also be done over the bare areas with native herbs. E. Wetland analysis. 1. A written assessment and accompanying maps of the wetlands and buffers within 300 feet of the project area, including the following information at a minimum: a. Wetland delineation and required buffers; b. Existing wetland acreage; c. Wetland category; d. Vegetative, faunal, and hydrologic characteristics; e. Soil and substrate conditions; f. Topographic elevations, at two -foot contours; and g. A discussion of the water sources supplying the wetland and documentation of hydrologic regime (locations of inlet and outlet features, water depths throughout the wetland, evidence of recharge or discharge, evidence of water depths throughout the year: drift lines, algal layers, moss lines, and sediment deposits). 2. A discussion of measures, including avoidance, minimization, and mitigation, proposed to preserve existing wetlands and restore any wetlands that were degraded prior to the current proposed land use activity. 3. A habitat and native vegetation conservation strategy that addresses methods to protect and enhance on -site habitat and wetland functions. 4. Functional evaluation for the wetland and adjacent buffer using a local or state agency staff - recognized method and including the reference of the method and all data sheets. 5. Proposed mitigation, if needed, including a written assessment and accompanying maps of the mitigation area, including the following Agenda Item 8. a. Unified Development Code Page 135 of 340 information at a minimum: a. Existing and proposed wetland acreage; b. Vegetative and faunal conditions; c. Surface and subsurface hydrologic conditions including an analysis of existing and future hydrologic regime and proposed hydrologic regime for enhanced, created, or restored mitigation areas; d. Relationships within watershed and to existing water bodies; e. Soil and substrate conditions, topographic elevations; f. Existing and proposed adjacent site conditions; g. Required wetland buffers (including any buffer reduction and mitigation proposed to increase the plant densities, remove weedy vegetation, and replant the buffers); h. Property ownership; and i. Associated wetlands and related wetlands that may be greater than 300 feet from the subject project. 6. A scale map of the development proposal site and adjacent area. A discussion of ongoing management practices that will protect wetlands after the project site has been developed; including proposed monitoring and maintenance programs. 7. A bond estimate for the installation (including site preparation, plant materials and installation, fertilizers, mulch, stakes) and the proposed monitoring and maintenance work for the required number of years. 8. Title Notification. All activity in critical area protection areas shall be accompanied by a chapter. F. Wetland performance standards - general requirements. 1. Activities may only be permitted in a wetland or wetland buffer if the applicant can show that the proposed activity will not degrade the functions and functional performance of the wetland and other critical areas. 2. Activities and uses shall be prohibited in wetlands and wetland buffers, except as provided for in this chapter. 3. Category I wetlands. Activities and uses shall be prohibited from Category I wetlands, except as provided for in the public agency and utility exception, reasonable use exception, and variance sections of this chapter. 4. Category II and III wetlands. a. Water- dependent activities may be allowed where there are no Agenda Item 8. a. Unified Development Code Page 136 of 340 practicable alternatives that would have a less adverse impact on the wetland, its buffers and other critical areas. b. Where non - water - dependent activities are proposed, it shall be presumed that alternative locations are available, and activities and uses shall be prohibited, unless the applicant demonstrates that: i. The basic project purpose cannot reasonably be accomplished and successfully avoid, or result in less adverse impact on, a wetland on another site or sites in the general region; and ii. All alternative designs of the project as proposed, that would avoid or result in less of an adverse impact on a wetland or its buffer, such as a reduction in the size, scope, configuration, or density of the project, are not feasible. 5. Category IV wetlands. Activities and uses that result in unavoidable and necessary impacts may be permitted in Category IV wetlands and associated buffers in accordance with an approved critical area report and mitigation plan, and only if the proposed activity is the only reasonable alternative that will accomplish the applicant's objectives. Full compensation for the acreage and loss functions will be provided. 6. Wetland buffers. a. Standard buffer widths. The standard buffer widths presume the existence of a relatively intact native vegetation community in the buffer zone adequate to protect the wetland functions and values at the time of the proposed activity. If the vegetation is inadequate, then the buffer width shall be increased or the buffer should be planted to maintain the standard width. Required standard wetland buffers, based on wetland category and land use intensity, are as follows: i. Category I: Natural Heritage Wetlands 250 feet Bogs 250 feet High level of function for habitat (score of 29 - 300 feet 36 points) Moderate level of function for habitat (score of 150 feet 20 -28 points) High level of function for water quality 100 feet improvement (24- 32 points) and low for habitat (less than 20 points) Agenda Item 8. a. Unified Development Code Page 137 of 340 Not meeting any other characteristics 1 100 feet ii. Category II: High level of function for habitat (score of 29 - 300 feet 36 points) 80 feet Moderate level of function for habitat (score of 150 feet 20 - 28 points) High level of function for water quality 100 feet improvement and low for habitat (score for water quality 24 -32 points and habitat less than 20 points) Not meeting any other characteristics 100 feet iii. Category III: Moderate level of function for habitat (score of 20 - 28 points) 150 feet Not meeting above characteristic 80 feet iv. Category IV: Score for all three basic functions less than 30 50 feet points b. Measurement of wetland buffers. All buffers shall be measured from the wetland boundary as surveyed in the field. The width of the wetland buffer shall be determined according to the wetland category and the proposed land use. The buffer for a wetland created, restored, or enhanced as compensation for approved wetland alterations shall be the same as the buffer required for the category of the created, restored, or enhanced wetland. Only fully vegetated buffers will be considered. Lawns, walkways, driveways, and other mowed or paved areas will not be considered buffers. c. Increased wetland Buffer widths. The administrator shall require increased buffer widths in accordance with the recommendations of an experienced, qualified professional wetland scientist, and the best available science on a case -by -case basis when a larger buffer is necessary to protect wetland functions and values based on site - specific characteristics. This determination shall be based on one or more of the following criteria: A larger buffer is needed to protect other critical areas; Agenda Item 8. a. Unified Development Code Page 138 of 340 ii. The buffer or adjacent uplands has a slope greater than 15 percent or is susceptible to erosion and standard erosion - control measures will not prevent adverse impacts to the wetland; or iii.The buffer area has minimal vegetative cover. In lieu of increasing the buffer width where existing buffer vegetation is inadequate to protect the wetland functions and values, implementation of a buffer planting plan may substitute. Where a buffer planting plan is proposed, it shall include densities that are not less than three feet on center for shrubs and eight feet on center for trees and require monitoring and maintenance to ensure success. Existing buffer vegetation is considered "inadequate" and will need to be enhanced through additional native plantings and (if appropriate) removal of nonnative plants when: (1) nonnative or invasive plant species provide the dominant cover, (2) vegetation is lacking due to disturbance and wetland resources could be adversely affected, or (3) enhancement plantings in the buffer could significantly improve buffer functions. d. Wetland buffer width averaging. The administrator may allow modification of the standard wetland buffer width in accordance with an approved critical area report and the best available science on a case -by -case basis by averaging buffer widths. Averaging of buffer widths may only be allowed where a qualified professional wetland scientist demonstrates that: It will not reduce wetland functions or functional performance; iii.The wetland contains variations in sensitivity due to existing physical characteristics or the character of the buffer varies in slope, soils, or vegetation, and the wetland would benefit from a wider buffer in places and would not be adversely impacted by a narrower buffer in other places; iv.The total area contained in the buffer area after averaging is no less than that which would be contained within the standard buffer; and v. The buffer width is not reduced to less than 75 percent of the standard width or 35 feet. e. Buffer consistency. All mitigation sites shall have buffers consistent with the buffer requirements of this chapter. f. Buffer maintenance. Except as otherwise specified or allowed in accordance with this chapter, wetland buffers shall be retained in an undisturbed or enhanced condition. Removal of invasive nonnative weeds is required for the duration of the mitigation Agenda Item 8. a. Unified Development Code Page 139 of 340 90 4 g. Buffer uses. The following uses may be permitted within a wetland buffer in accordance with the review procedures of this chapter; provided they are not prohibited by any other applicable law and they are conducted in a manner so as to minimize impacts to the buffer and adjacent wetland: i. Conservation and Restoration Activities. Conservation or restoration activities aimed at protecting the soil, water, vegetation, or wildlife. ii. Passive Recreation. Passive recreation facilities designed and in accordance with an approved critical area report. G. Performance standards - compensatory mitigation requirements. Compensatory mitigation for alterations to wetlands shall achieve equivalent or greater biologic functions. Compensatory mitigation plans shall be consistent with the state Department of Ecology Guidelines for Developing Freshwater Wetlands Mitigation Plans and Proposals, 1994, as revised. 1. Mitigation shall be required in the following order of preference: a. Avoiding the impact altogether by not taking a certain action or parts of an action. b. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts. c. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment. d. Reducing or eliminating the impact over time by preservation and maintenance operations. e. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments. 2. Mitigation for lost or affected functions. Compensatory mitigation actions shall address functions affected by the alteration to achieve functional equivalency or improvement and shall provide similar wetland functions as those lost, except when: a. The lost wetland provides minimal functions as determined by a site - specific function assessment, and the proposed compensatory mitigation action(s) will provide equal or greater functions or will provide functions shown to be limiting within a watershed through a formal Washington State watershed assessment plan or protocol; or Agenda Item 8. a. Unified Development Code Page 140 of 340 b. Out -of -kind replacement will best meet formally identified watershed goals, such as replacement of historically diminished wetland types. 3. Preference of mitigation actions. Mitigation actions that require compensation by replacing, enhancing, or substitution shall occur in the following order of preference: a. Restoring wetlands on upland sites that were formerly wetlands. b. Creating wetlands on disturbed upland sites such as those with vegetative cover consisting primarily of nonnative introduced species. This should only be attempted when there is a consistent source of hydrology and it can be shown that the surface and subsurface hydrologic regime is conducive for the wetland community that is being designed. c. Enhancing significantly degraded wetlands in combination with restoration or creation. Such enhancement should be part of a mitigation package that includes replacing the impacted area meeting appropriate ratio requirements. 4. Type and location of mitigation. Unless it is demonstrated that a higher level of ecological functioning would result from an alternate approach, compensatory mitigation for ecological functions shall be either in -kind and on -site, or in -kind and within the same stream reach, sub basin, or drift cell. Mitigation actions shall be conducted within the same sub drainage basin and on the site as the alteration except when the all of the following apply: a. There are no reasonable on -site or in -sub drainage basin opportunities or on -site and in -sub drainage basin opportunities do not have a high likelihood of success, after a determination of the natural capacity of the site to mitigate for the impacts. Consideration should include: anticipated wetland mitigation replacement ratios, buffer conditions and proposed widths, hydrogeomorphic classes of on -site wetlands when restored, proposed flood storage capacity, potential to mitigate riparian fish and wildlife impacts (such as connectivity); b. Off -site mitigation has a greater likelihood of providing equal or improved wetland functions than the impacted wetland; and c. Off -site locations shall be in the same sub drainage basin unless: i. Established watershed goals for water quality, flood or conveyance, habitat, or other wetland functions have been established and strongly justify location of mitigation at another site; or Agenda Item 8. a. Unified Development Code Page 141 of 340 ii. Credits from a state certified wetland mitigation bank are used as mitigation and the use of credits is consistent with the terms of the bank's certification. 5. Mitigation timing. Mitigation projects shall be completed with an approved monitoring plan prior to activities that will disturb wetlands. In all other cases, mitigation shall be completed immediately following disturbance and prior to use or occupancy of the activity or development. Construction of mitigation projects shall be timed to reduce impacts to existing fisheries, wildlife, and flora. The administrator may authorize a one -time temporary delay, up to 120 days, in completing minor construction and landscaping when environmental conditions could produce a high probability of failure or significant construction difficulties. The delay shall not create or perpetuate hazardous conditions or environmental damage or degradation, and the delay shall not be injurious to the health, safety, and general welfare of the public. The request for the temporary delay must include a written justification that documents the environmental constraints that preclude implementation of the mitigation plan. The justification must be verified and approved by the City and include a financial guarantee. 6. Mitigation ratios. a. Acreage replacement ratios. The following ratios shall apply to creation or restoration that is in -kind, is on -site, is the same category, is timed prior to or concurrent with alteration, and has a high probability of success. These ratios do not apply to remedial actions resulting from unauthorized alterations; greater ratios shall apply in those cases. These ratios do not apply to the use of credits from a state certified wetland mitigation bank. When credits from a certified bank are used, replacement ratios should be consistent with the requirements of the bank's certification. The first number specifies the acreage of replacement wetlands and the second specifies the acreage of wetlands altered. Category I 6 -to -1 Category II 3 -to -1 Category III 2 -to -1 Category IV 1.5 -to -1 b. Increased replacement ratio. The administrator may increase the ratios under the following circumstances: i. Uncertainty exists as to the probable success of the proposed restoration or creation; ii. A significant period of time will elapse between impact and Agenda Item 8. a. Unified Development Code Page 142 of 340 replication of wetland functions; c. Proposed mitigation will result in a lower category wetland or reduced functions relative to the wetland being impacted; or d. The impact was an unauthorized impact. 7. Wetlands enhancement as mitigation. a. Impacts to wetland functions may be mitigated by enhancement of existing significantly degraded wetlands, but must be used in conjunction with restoration and /or creation. Applicants proposing to enhance wetlands must produce a critical area report that identifies how enhancement will increase the functions of the degraded wetland and how this increase will adequately mitigate for the loss of wetland area and function at the impact site. An enhancement proposal must also show whether existing wetland functions will be reduced by the enhancement actions. b. At a minimum, enhancement acreage shall be double the acreage required for creation or restoration. The ratios shall be greater than double the required acreage where the enhancement proposal would result in minimal gain in the performance of wetland functions and /or result in the reduction of other wetland functions currently being provided in the wetland. c. Mitigation ratios for enhancement in combination with other forms of mitigation shall range from 6:1 to 3:1 and be limited to Class III and Class IV wetlands. H. Performance standards - land divisions. The division, redivision, or adjusting of boundary lines of land in wetlands and associated buffers is subject to the following: 1. Land that is located wholly within a wetland or its buffer may not be subdivided. 2. Land that is located partially within a wetland or its buffer may be subdivided; provided, that an accessible and contiguous portion of each new lot is: a. Located outside of the wetland and its buffer; and b. Meets the minimum lot size requirements of [locally adopted zoning dimensions]. 3. Access roads and utilities serving the proposed subdivision may be permitted within the wetland and associated buffers only if the City determines that no other feasible alternative exists and when consistent with this chapter. Agenda Item 8. a. Unified Development Code Page 143 of 340 18.21.070 Critical aquifer recharge areas A. Critical aquifer recharge areas designation. Critical aquifer recharge areas are those areas with a critical recharging effect on aquifers used for potable water as defined by Section 365- 190 - 030(2) WAC. A critical aquifer recharge area has prevailing geologic conditions associated with infiltration rates that create a high potential for contamination of ground water resources or contribute significantly to the replenishment of ground water. B. Designation of critical aquifer recharge areas. The entire City of Yelm and its urban growth area is identified as a highly susceptible critical aquifer recharge area. C. Performance standards - general requirements. 1. Activities may only be permitted in a critical aquifer recharge area if the applicant can show that the proposed activity will not cause contaminants to enter the aquifer and that the proposed activity will not adversely affect the recharging of the aquifer. 2. The proposed activity must comply with the water source protection requirements and recommendations of the U.S. Environmental Protection Agency, Washington State Department of Health, and the Thurston County Environmental Health Division. 3. All new development, redevelopment, and small parcel development shall meet the water quality requirements of the stormwater manual as adopted by the City of Yelm. D. Performance standards - specific uses. 1. Storage tanks. All storage tanks proposed to be located in a critical aquifer recharge area must comply with local building code requirements and must conform to the following requirements: a. Underground tanks. All new underground storage facilities proposed for use in the storage of hazardous substances or hazardous wastes shall be designed and constructed so as to: i. Prevent releases due to corrosion or structural failure for the operational life of the tank; ii. Be protected against corrosion, constructed of noncorrosive material, steel clad with a noncorrosive material, or designed to include a secondary containment system to prevent the release or threatened release of any stored substances; and iii. Use material in the construction or lining of the tank that is compatible with the substance to be stored. b. Aboveground tanks. All new aboveground storage facilities Agenda Item 8. a. Unified Development Code Page 144 of 340 proposed for use in the storage of hazardous substances or hazardous wastes shall be designed and constructed so as to: i. Not allow the release of a hazardous substance to the ground, ground waters, or surface waters; ii. Have a primary containment area enclosing or underlying the tank or part thereof; and iii.A secondary containment system either built into the tank structure or a dike system built outside the tank for all tanks. 2. Vehicle repair and servicing. a. Vehicle repair and servicing must be conducted over impermeable pads and within a covered structure capable of withstanding normally expected weather conditions. Chemicals used in the process of vehicle repair and servicing must be stored in a manner that protects them from weather and provides containment should leaks occur. b. No dry wells shall be allowed in critical aquifer recharge areas on sites used for vehicle repair and servicing. Dry wells existing on the site prior to facility establishment must be abandoned using techniques approved by the state Department of Ecology prior to commencement of the proposed activity. 3. Use of reclaimed water for surface percolation or direct recharge. Water reuse projects for reclaimed water must be in accordance with the adopted water or sewer Comprehensive Plans that have been approved by the state Departments of Ecology and Health. a. Use of reclaimed water for surface percolation must meet the ground water recharge criteria given in Sections 90.46.010(10) and 90.46.080(1) RCW. The state department of ecology may establish additional discharge limits in accordance with Section 90.46.080(2) RCW. b. Direct injection must be in accordance with the standards developed by authority of Section 90.46.042 RCW. 18.21.080 Frequently flooded areas A. Designation of frequently flooded areas. Frequently flooded areas shall include areas identified by the Flood Insurance Rate Map(s) and areas mapped by Thurston County as high ground water flood hazard areas. The flood insurance maps and high ground water maps are hereby adopted by reference, declared part of this chapter, and are available for public review at the City. Agenda Item 8. a. Unified Development Code Page 145 of 340 B. Flood elevation data. When base flood elevation data is not available (A and V zones), the administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other official source, in order to administer this chapter. C. Maintenance of records. Where base flood elevation data is provided through the flood insurance study or required through this chapter, the administrator shall obtain and record the flood elevation certificates of all new or substantially improved structures, and whether or not the structure contains a basement. The administrator shall also maintain for public inspection all records of floodplain hazards, certificates of flood proofing, and flood elevation data. D. Performance standards - general requirements. The following standards shall be adhered to in all frequently flooded areas, except as otherwise provide for in this chapter. 1. Approval of work in a frequently flooded area. Prior to any clearing, grading, dumping, drilling, dredging, filling, or the construction or reconstruction of any structure, the City shall have approved through the underlying permit or through approval of a critical areas report that the standards for development within a frequently flooded area have been met. 2. No activity within a frequently flooded area shall increase the base flood elevation. E. Performance standards - general requirements in FEMA Designated 100 - Year Floodplain. 1. Structures shall be located outside the floodplain. All structures, utilities, and other improvements shall be located on the buildable portion of the site out of the floodplain unless there is no buildable site area out of the floodplain. For sites with no buildable area out of the floodplain, structures, utilities, and other improvements shall be placed on the highest land on the site, oriented parallel to flow rather than perpendicular, and sited as far from the watercourse and other critical areas as possible. If the administrator detects any evidence of active hyporheic exchange on a site, the development shall be located to minimize disruption of such exchange. 2. Methods that minimize flood damage. All new construction and substantial improvements shall be constructed using flood resistant materials and using methods and practices that minimize flood damage. 3. Utility protection. Electrical, heating, ventilation, plumbing, air - conditioning equipment, and other service facilities shall be designed and /or otherwise elevated or located so as to prevent water from Agenda Item 8. a. Unified Development Code Page 146 of 340 entering or accumulating within the components during conditions of flooding. 4. Elevation certificate following construction. Following construction of a structure within the floodplain where the base flood elevation is provided, the applicant shall obtain an elevation certificate that records the elevation of the lowest floor. The elevation certificate shall be completed by a surveyor or engineer licensed in the state of Washington and shall be submitted to the City for recording. 5. Anchoring. a. Anchoring requirement. All new construction and substantial improvements within the floodplain shall be anchored to prevent flotation, collapse, or lateral movement of the structure. b. Manufactured homes. All manufactured homes placed within the floodplain must be anchored to prevent flotation, collapse, or lateral movement and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over - the -top or frame ties to ground anchors (reference FEMA P -85 :protecting Manufactured Homes from Floods and Other Hazards" guidebook for additional techniques). 6. Fill and grading. Fill and grading with the floodplain shall only occur after a determination that the fill or grading will not block side channels, inhibit channel migration, increase the base flood elevation, or be within a channel migration zone. F. Performance standards - specific uses in the FEMA designated 100 -Year floodplain. Specific uses shall adhere to the following relevant standards, in addition to the general standards. 1. Divisions of land. a. All new divisions of land, including subdivisions, short subdivisions, boundary line adjustments, binding site plans, and master planned communities shall not create any building lot for commercial or residential purposes with any portion within the floodplain. b. Floodplain areas shall be dedicated as open space. c. No infrastructure required for the subdivision with the exception of utility transport lines identified by the appropriate utility capital facilities plan shall be located within the floodplain. d. Subdivisions and short subdivisions shall be designed to minimize or eliminate flood damage and impacts to floodplain functions and values. Public utilities and facilities that are installed as part of Agenda Item 8. a. Unified Development Code Page 147 of 340 such subdivisions, such as sewer, gas, electrical, and water systems, shall be located and constructed to also minimize flood damage and impacts to floodplain functions and values. Subdivisions should be designed using natural features of the landscape and should not incorporate flood protection changes. e. Subdivisions and short subdivisions shall have adequate natural surface water drainage to reduce exposure to flood hazards; and f. Subdivisions and short subdivisions shall show the 100 -year floodplain, floodway, and channel migration zone on the preliminary and final plat and short plat maps and designate such areas as "no build," when applicable. 2. Utilities. a. Infiltration of flood waters. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems. b. Sanitary sewage systems. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. c. On -site waste disposal systems. On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. New on -site sewage disposal systems are prohibited within the floodplain. 3. Residential construction on lots created prior to 1999. a. Must be above base flood elevation. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above the base flood elevation. b. Areas below the lowest floor. Fully enclosed areas below the lowest floor that are subject to flooding shall only be allowed when designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: i. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; The bottom of all openings shall be no higher than one foot Agenda Item 8. a. Unified Development Code Page 148 of 340 above grade; and iii.Openings may be equipped with screens, louvers, or other coverings or devices; provided that they permit the automatic entry and exit of floodwaters. c. Manufactured homes must be elevated. All manufactured homes to be placed or substantially improved shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot or more above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. 4. Nonresidential construction on lots created prior to 1999. a. Above base flood elevation. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot or more above the base flood elevation, or, together with attendant utility and sanitary facilities, shall: i. Be floodproofed so that below one foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; ii. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and iii. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and /or review of the structural design, specifications, and plans. b. Areas below the lowest floor. Fully enclosed areas below the lowest floor that are not floodproofed shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or must meet or exceed the following minimum criteria: i. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; ii. The bottom of all openings shall be no higher than one foot above grade; and Agenda Item 8. a. Unified Development Code Page 149 of 340 iii.Openings may be equipped with screens, louvers, or other coverings or devices; provided that they permit the automatic entry and exit of floodwaters. G. Performance standards - general requirements in high ground water hazard areas. 1. Flood elevations. The base flood elevation for high ground water flood hazard areas corresponds to the elevation of the outer edge of the high ground water flood hazard area. 2. Delineation of the base flood elevation. Applicants shall submit to the approval authority hydrologic and hydrogeologic studies as necessary to delineate the high ground water flood hazard area and the base flood elevation. 3. No development shall locate within 50 feet, measured on a horizontal plane, from the outer edge of the high ground water hazard area or extending to a ground elevation two feet above the base flood elevation, whichever is less. 4. The bottom of any infiltration facility for stormwater discharge shall be located at least six feet above the base flood elevation. H. Uses and activities prohibited from frequently flooded areas. 1. Critical facilities. Critical facilities are prohibited from frequently flooded areas to prevent damage to such facilities, to avoid costs that will be incurred by the public, and to maintain functionality of such facilities during flood events. If such a prohibition is unreasonable, an allowance for critical facilities in frequently flooded areas with the following specific conditions: a. Construction of new critical facilities shall be permissible within frequently flooded areas if no feasible alternative site is available. b. Critical facilities constructed within frequently flooded areas shall have the lowest floor elevated three feet or more above the level of the base flood elevation (100 -year flood). c. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into flood waters. d. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible. 2. Wells used for potable water. Water wells shall be located on high ground and are prohibited from being within the floodway. 3. On -site sewage disposal systems. On -site sewage disposal systems Agenda Item 8. a. Unified Development Code Page 150 of 340 are prohibited from the floodway, the channel migration zone, and the 10 -year floodplain elevation. 18.21.090 Flood Damage Protection A. The flood hazard areas of Yelm are subject to periodic inundation which results in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to the flood loss. B. Methods of reducing flood losses. In order to accomplish its purposes, this chapter includes methods and provisions for: 1. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; 2. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; 3. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters; 4. Controlling filling, grading, and other development which may increase flood damage; and 5. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or may increase flood hazards in other areas. C. General provisions. Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for Thurston County, Washington and Incorporated Areas dated October 16, 2012," as amended, with an accompanying Flood Insurance Rate Map, as amended, are hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study and the FIRM are on file at Yelm City Hall, 105 Yelm Avenue West, Yelm, Washington. When base flood elevation data has not been provided, the Community Development Department shall obtain Agenda Item 8. a. Unified Development Code Page 151 of 340 and reasonably utilize any base flood elevation and floodway data available from federal, state or other source. D. Penalties for noncompliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. E. Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. F. In the interpretation and application of this chapter, all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; 3. Deemed neither to limit nor repeal any other powers granted under state statutes. G. Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. H. The Community Development Department is appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. I. Duties of the Community Development Department shall include, but not be limited to: 1. Permit Review. Agenda Item 8. a. Unified Development Code Page 152 of 340 a. Review all development permits to determine that the permit requirements of this chapter have been satisfied; b. Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required; c. Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the provisions of Chapter 18.21 YMC are met; 2. Information to be obtained and maintained. a. Where base flood elevation data is provided through the Flood Insurance Study or required as in subsection B of this section, obtain and record the actual (as- built) elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures, and whether or not the structure contains a basement; b. For all new or substantially improved floodproofed nonresidential structures where base flood elevation data is provided through the FIS, FIRM, or as required in subsection B of this section: i. Verify and record the actual elevation (in relation to mean sea level) to which the structure was floodproofed; and ii. Maintain the floodproofing certifications required in Section 18.11.080 YMC. c. Maintain for public inspection all records pertaining to the provisions of this chapter; 3. Alteration of watercourses. a. Notify adjacent communities and the Washington State Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; b. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood- carrying capacity is not diminished; 4. Interpretation of FIRM boundaries. Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretations provided in Section 18.14 YMC. Agenda Item 8. a. Unified Development Code Page 153 of 340 J. Provisions for Flood hazard reduction 1. General standards. In all areas of special flood hazards, the standards set out in Section 18.21.080 YMC are required. K. Water wells shall be located on high ground that is not in the floodway. L. Subdivision proposals. 1. All subdivision proposals shall be consistent with the need to minimize flood damage. 2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. 3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. 4. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or five acres, whichever is less. M. Review of building permits. 1. Where elevation data is not available either through the Flood Insurance Study or from another authoritative source, applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates. N. Tap -in restrictions. 1. Applicability. Tap -in restrictions apply to lands mapped by FEMA (Federal Emergency Management Act) as 100 -year floodplains, identified as of RD (U.S. Department of Agriculture Rural Development) funding obligation date, July 30, 1997. Tap -in restrictions will be enforced to deny future sewer connections to the system, when verification is not made by applicants that planned improvements to properties requesting connection to the system will be constructed outside the 100 -year floodplain. 2. Exceptions. An exclusion to these tap -in restrictions will be granted for: a. All road and utility crossing set forth in the: i. Yelm comprehensive transportation plan (August 1992), Agenda Item 8. a. Unified Development Code Page 154 of 340 ii. Yelm water reuse project (July 1995), iii.Yelm comprehensive water plan (August 1992), and iv.The private utility planning for Yelm area (for electricity, gas, telephone, cable), as excerpted in Appendix G to the Yelm Comprehensive Plan (February 1995); b. All property within the Thurston Highlands Southwest Yelm conceptual master plan, as approved October 12, 1994; c. All lands identified after July 30, 1997 by FEMA as 100 -year floodplains; d. Lots of record within the City as described and depicted in Ordinance 595, dated January 8, 1997; and e. Such other exceptions meeting the criteria identified in subsection (C)(3) of this section. 2. Administration. An applicant may request from the City an administrative waiver of the tap -in restriction, where: a. It is necessary to meet the Yelm Comprehensive Plan goals and policies, and b. The development will not result in risk to persons or property during periods of flood conditions. 3. If the City recommends a waiver, such recommendation shall be submitted to RD where the decision on the waiver shall become final. O. Nonresidential construction. All nonresidential construction shall have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy, and be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this section based on their development and /or review of the structural design, specifications and plans. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building floodproofed to one foot above the base flood level will be rated as at the base flood level). P. Critical facility. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the area of special flood hazard. Construction of new or critical facilities shall be permissible within the area of special flood hazard if no feasible alternative site is available. Critical facilities constructed within the area of special flood hazard shall have the lowest floor elevated to three feet or more above the level of the base flood elevation at the site. Floodproofing and sealing Agenda Item 8. a. Unified Development Code Page 155 of 340 measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base floodplain shall be provided to all critical facilities to the extent possible. Q. Recreational vehicles. Recreational vehicles placed on sites within zones Al through A30 and AE on the community's FIRM shall either: 1. Be on the site for fewer than 14 consecutive days; and 2. Be fully licensed and ready for highway use, on their wheels or jacking system, be attached to the site only by quick- disconnect -type utilities and security devices, and have no permanently attached additions; or 3. Meet the requirements of Section 18.21.080 YMC and the elevation and anchoring requirements for manufactured homes. R. Floodways. Located within areas of special flood hazard established in Chapter 18.21 YMC are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply: 1. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachments shall not result in any increase in flood levels during the occurrence of base flood discharge; 2. Construction or reconstruction of residential structures is prohibited within designated floodways, except for: a. Repairs, reconstruction, or improvements to a structure, which do not increase the ground floor area; and b. Repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either: i. Before the repair or reconstruction is started; or ii. If the structure has been damaged, and is being restored, before the damage occurred. iii. Work done on structures to comply with existing violations of state or local health, sanitary, or safety code specifications which have been identified by the administrator and which are the minimum necessary to assure safe living conditions or to Agenda Item 8. a. Unified Development Code Page 156 of 340 structures identified as historic places shall not be included in the 50 percent determination; 3. If subsection A of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article VI of this chapter. S. Areas with base flood elevations but no floodways. AE and Al -30 Zone with Base Flood Elevations but No Floodways. In areas with base flood elevations (but a regulatory floodway has not been designated), no new construction, substantial improvements, or other development (including fill) shall be permitted within zone AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. T. Wetlands management. To the maximum extent possible, in order to avoid the short- and long -term adverse impacts associated with the destruction or modification of wetlands, especially those activities which limit or disrupt the ability of the wetland to alleviate flooding impacts, the following process should be implemented: 1. Review proposals for development within areas of special flood hazard for their possible impacts on wetlands located within the floodplain; 2. Ensure that development activities in or around wetlands do not negatively affect public safety, health and welfare by disrupting the wetlands' ability to reduce flood and storm drainage; 3. Request technical assistance from the Department of Ecology in identifying wetland areas. Existing wetland map information from the National Wetlands Inventory (NWI) can be used in conjunction with the community's FIRM to prepare an overlay zone indicating critical wetland areas deserving special attention. 18.21.100 Geologically hazardous areas A. Designation of geologically hazardous areas. Geologically hazardous areas include areas susceptible to erosion, sliding, earthquake, or other geological events. They pose a threat to the health and safety of citizens when incompatible development is sited in areas of significant hazard. Such incompatible development may not only place itself at risk, but also may increase the hazard to surrounding development and use. B. Designation of specific hazard areas 1. Erosion hazard areas. Erosion hazard areas are at least those areas identified by the U.S. Department of Agriculture's Natural Resources Agenda Item 8. a. Unified Development Code Page 157 of 340 Conservation Service as having a "moderate to severe," "severe," or "very severe" rill and inter -rill erosion hazard. Rill or inter -rill are areas subject to sheet wash, or steep -sided channels resulting from accelerated erosion. Erosion hazard areas are also those areas impacted by shore land and /or streambank erosion and those areas within a river's channel migration zone. 2. Landslide hazard areas. Landslide hazard areas are areas potentially subject to landslides based on a combination of geologic, topographic, and hydrologic factors. They include areas susceptible because of any combination of bedrock, soil, slope (gradient), slope aspect, structure, hydrology, or other factors. Examples of these may include, but are not limited to, the following: a. Areas of historic failures; b. Areas with all three of the following characteristics: i. Slopes steeper than 15 percent; ii. Hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock; and iii. Springs or ground water seepage; c. Areas that have shown movement during the Holocene epoch (from 10,000 years ago to the present) or that are underlain or covered by mass wastage debris of that epoch; d. Slopes that are parallel or subparallel to planes of weakness (such as bedding planes, joint systems, and fault planes) in subsurface materials; e. Slopes having gradients steeper than 80 percent, subject to rock fall during seismic shaking; f. Areas potentially unstable because of rapid stream incision, streambank erosion, and undercutting by wave action; g. Areas that show evidence of, or are at risk from snow avalanches; h. Areas located in a canyon or on an active alluvial fan, presently or potentially subject to inundation by debris flows or catastrophic flooding; and Any area with a slope of 40 percent or steeper and with a vertical relief of 10 or more feet, except areas composed of consolidated rock. A slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least 10 feet of vertical relief. Agenda Item 8. a. Unified Development Code Page 158 of 340 3. Seismic hazard areas. Seismic hazard areas are areas subject to severe risk of damage as a result of earthquake induced ground shaking, slope failure, settlement, soil liquefaction, lateral spreading, or surface faulting. One indicator of potential for future earthquake damage is a record of earthquake damage in the past. Ground shaking is the primary cause of earthquake damage in Washington. The strength of ground shaking is primarily affected by: a. The magnitude of an earthquake; b. The distance from the source of an earthquake; c. The type of thickness of geologic materials at the surface; and d. The type of subsurface geologic structure. C. Mapping of geologically hazardous areas. 1. The approximate location and extent of geologically hazardous areas are shown on the adopted critical area maps. 2. These maps are to be used as a guide for the City, project applicants and /or property owners and may be continuously updated as new critical areas are identified. They are a reference and do not provide a final critical area designation. D. Performance standards - general requirements. 1. Alterations of geologically hazardous areas or associated buffers may only occur for activities that: a. Will not increase the threat of the geological hazard to adjacent properties beyond pre - development conditions; b. Will not adversely impact other critical areas; c. Are designed so that the hazard to the project is eliminated or mitigated to a level equal to or less than pre - development conditions; and d. Are certified as safe as designed and under anticipated conditions by a qualified engineer or geologist, licensed in the state of Washington. 2. Critical facilities prohibited. Critical facilities shall not be sited within geologically hazardous areas unless there is no other practical alternative. 3. Buffer requirement. A buffer shall be established from all edges of landslide hazard areas. The size of the buffer shall be determined by the administrator to eliminate or minimize the risk of property damage, death, or injury resulting from landslides caused in whole or part by the development, based upon review of and concurrence with Agenda Item 8. a. Unified Development Code Page 159 of 340 a critical area report prepared by a qualified professional. a. Minimum buffer. The minimum buffer shall be equal to the height of the slope. b. Buffer reduction. The buffer may be reduced to a minimum of 10 feet when a qualified professional demonstrates to the administrator's satisfaction that the reduction will adequately protect the proposed development, adjacent developments and uses, and the subject critical area. c. Increased buffer. The buffer may be increased where the administrator determines a larger buffer is necessary to prevent risk of damage to proposed and existing development; 4. Alterations. Alterations of an erosion or landslide hazard area and /or buffer may only occur for activities for which a hazards analysis is submitted and certifies that: a. The development will not increase surface water discharge or sedimentation to adjacent properties beyond pre - development conditions; b. The development will not decrease slope stability on adjacent properties; and c. Such alterations will not adversely impact other critical areas. 5. Vegetation retention. Unless otherwise provided or as part of an approved alteration, removal of vegetation from an erosion or landslide hazard area or related buffer shall be prohibited. 6. Seasonal restriction. Clearing shall be allowed only from May 1st to October 1st of each year; provided, that the City may extend or shorten the dry season on a case -by -case basis depending on actual weather conditions, except that timber harvest, not including brush clearing or stump removal, may be allowed pursuant to an approved forest practice permit issued by the City or the Washington State Department of Natural Resources. 7. Utility lines and pipes. Utility lines and pipes shall be permitted in erosion and landslide hazard areas only when the applicant demonstrates that no other practical alternative is available. The line or pipe shall be located above ground and properly anchored and /or designed so that it will continue to function in the event of an underlying slide. Stormwater conveyance shall be allowed only through a high- density polyethylene pipe with fuse - welded joints, or similar product that is technically equal or superior. 8. Point discharges. Point discharges from surface water facilities and Agenda Item 8. a. Unified Development Code Page 160 of 340 roof drains onto or upstream from an erosion or landslide hazard area shall be prohibited. 9. Division of land. The division of land in landslide hazard areas and associated buffers is subject to the following: a. Land that is located wholly within a landslide hazard area or its buffer may not be subdivided. Land that is located partially within a landslide hazard area or its buffer may be divided; provided, that each resulting lot has sufficient buildable area outside of, and will not affect, the landslide hazard or its buffer. b. Access roads and utilities may be permitted within the landslide hazard area and associated buffers if the City determines that no other feasible alternative exists; and E. Prohibited development. On -site sewage disposal systems, including drain fields, shall be prohibited within erosion and landslide hazard areas and related buffers. 18.21.110 Fish and wildlife habitat conservation areas A. Designation of fish and wildlife habitat conservation areas. 1. Fish and wildlife habitat conservation areas are areas necessary for maintaining species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created as designated by Section 365- 190 - 080(5) WAC. These areas include: a. Areas with which state or federally designated endangered, threatened, and sensitive species have a primary association; i. Areas with which state or federally designated endangered, threatened, and sensitive species have a primary association. ii. State designated endangered, threatened, and sensitive are those fish and wildlife species native to the state of Washington identified by the Washington Department of Fish and Wildlife that are in danger of extinction, threatened to become endangered, vulnerable, or declining and are likely to become endangered or threatened in a significant portion of the range within the state without cooperative management or removal of threats. b State priority habitats and areas associated with state priority species. Priority habitats and species are considered to be priorities for conservation and management. Priority species require protective measures for their perpetuation due to their population status, sensitivity to habitat alteration, and /or recreational, Agenda Item 8. a. Unified Development Code Page 161 of 340 commercial, or tribal importance. Priority habitats are those habitat types or elements with unique or significant value to a diverse assemblage of species. A priority habitat may consist of a unique vegetation type or dominant plant species, a described successional stage, or a specific structural element. Priority habitats and species are identified by the state Department of Fish and Wildlife. c. Naturally occurring ponds Under 20 Acres. Naturally occurring ponds are those ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat, including those artificial ponds intentionally created from dry areas in order to mitigate impacts to ponds. Naturally occurring ponds do not include ponds deliberately designed and created from dry sites, such as canals, detention facilities, wastewater treatment facilities, farm ponds, temporary construction ponds, and landscape amenities, unless such artificial ponds were intentionally created for mitigation. d. Waters of the state. Waters of the state include lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and watercourses within the jurisdiction of the state of Washington. e. Areas of rare plant species and high quality ecosystems. Areas of rare plant species and high quality ecosystems are identified by the Washington State Department of Natural Resources through the Natural Heritage Program. f. Land useful or essential for preserving connections between habitat blocks and open spaces. 2. All areas within the City meeting one or more of these criteria, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this chapter and shall be managed consistent with the best available science. 3. Mapping. The approximate location and extent of habitat conservation areas are shown on the critical area maps adopted by the City. C. Performance standards - general requirements. 1. Nonindigenous species. No plant, wildlife, or fish species not indigenous to the region shall be introduced into a habitat conservation area unless authorized by a state or federal permit or approval. 2. Mitigation and contiguous corridors. Mitigation sites shall be located Agenda Item 8. a. Unified Development Code Page 162 of 340 to preserve or achieve contiguous wildlife habitat corridors in accordance with a mitigation plan that is part of an approved critical area report to minimize the isolating effects of development on habitat areas, so long as mitigation of aquatic habitat is located within the same aquatic ecosystem as the area disturbed. 3. Approvals of activities. The administrator shall condition approvals of activities allowed within or adjacent to a habitat conservation area or its buffers, as necessary to minimize or mitigate any potential adverse impacts. Conditions shall be based on the best available science and may include, but are not limited to, the following: a. Establishment of buffer zones; b. Preservation of critically important vegetation and /or habitat features such as snags and downed wood; c. Limitation of access to the habitat area, including fencing to deter unauthorized access; d. Seasonal restriction of construction activities; e. Establishment of a duration and timetable for periodic review of mitigation activities; and f. Requirement of a performance bond, when necessary, to ensure completion and success of proposed mitigation. 4. Mitigation and equivalent or greater biological functions. Mitigation of alterations to habitat conservation areas shall achieve equivalent or greater biologic and hydrologic functions and shall include mitigation for adverse impacts upstream or downstream of the development proposal site. Mitigation shall address each function affected by the alteration to achieve functional equivalency or improvement on a per function basis. 5. Approvals and the best available science. Any approval of alterations or impacts to a habitat conservation area shall be supported by the best available science. 6. Buffers a. Establishment of buffers. The administrator shall require the establishment of buffer areas for activities adjacent to habitat conservation areas when needed to protect habitat conservation areas. Buffers shall consist of an undisturbed area of native vegetation or areas identified for restoration established to protect the integrity, functions, and values of the affected habitat. Required buffer widths shall reflect the sensitivity of the habitat and the type and intensity of human activity proposed to be Agenda Item 8. a. Unified Development Code Page 163 of 340 conducted nearby and shall be consistent with the management recommendations issued by the Washington Department of Fish and Wildlife. Habitat conservation areas and their buffers shall be preserved in perpetuity through the use of native growth protection areas and critical area tracts. Native growth protection areas includes area where native vegetation is preserved for the purpose of preventing harm to property and the environment including, but not limited to, controlling surface water runoff and erosion, maintaining slope stability, buffering, and protecting plants and animal habitat. b. Seasonal restrictions. When a species is more susceptible to adverse impacts during specific periods of the year, seasonal restrictions may apply. Larger buffers may be required and activities may be further restricted during the specified season. c. Habitat buffer averaging. The administrator may allow the recommended habitat area buffer width to be reduced in accordance with a critical area report, the best available science, and the management recommendations issued by the Washington Department of Fish and Wildlife, only if: i. It will not reduce stream or habitat functions; ii. It will not adversely affect salmonid habitat; iii.It will provide additional natural resource protection, such as buffer enhancement; iv.The total area contained in the buffer area after averaging is no less than that which would be contained within the standard buffer; and v. The buffer area width is not reduced by more than 25 percent in any location. 7. Divisions of land. The subdivision and short subdivision of land in fish and wildlife habitat conservation areas and associated buffers is subject to the following: a. Land that is located wholly within a habitat conservation area or its buffer may not be subdivided. b. Land that is located partially within a habitat conservation area or its buffer may be divided; provided, that the developable portion of each new lot and its access is located outside of the habitat conservation area or its buffer and meets the minimum lot size requirements. c. Access roads and utilities serving the proposed may be permitted within the habitat conservation area the City determines that no other when consistent with this chapter. D. Performance standards - specific habitats. Agenda Item 8. a. Unified Development Code Page 164 of 340 and associated buffers only if feasible alternative exists and 1. Endangered, threatened, and sensitive species. a. No development shall be allowed within a habitat conservation area or buffer with which state or federally endangered, threatened, or sensitive species have a primary association, except that which is provided for by a management plan established by the Washington Department of Fish and Wildlife or applicable state or federal agency. b. Whenever activities are proposed adjacent to a habitat conservation area with which state or federally endangered, threatened, or sensitive species have a primary association, such area shall be protected through the application of protection measures in accordance with a critical area report prepared by a qualified professional and approved by the City. Approval for alteration of land adjacent to the habitat conservation area or its buffer shall not occur prior to consultation with the Washington Department of Fish and Wildlife for animal species, the Washington State Department of Natural Resources for plant species, and other appropriate federal or state agencies. c. Bald eagle habitat shall be protected pursuant to the Washington State Bald Eagle Protection Rules Section 232 -12 -292 WAC. Whenever activities are proposed adjacent to a verified nest territory or communal roost, a habitat management plan shall be developed by a qualified professional. Activities are adjacent to bald eagle sites when they are within 800 feet or within one -half mile (2,640 feet) and in a shoreline foraging area. The City shall verify the location of eagle management areas for each proposed activity. Approval of the activity shall not occur prior to approval of the habitat management plan by the Washington Department of Fish and Wildlife. 2. Riparian habitat areas. Unless otherwise allowed in this chapter, all structures and activities shall be located outside of the riparian habitat area. a. Establishment of riparian habitat areas. Riparian habitat areas shall be established for habitats that include aquatic and terrestrial ecosystems that mutually benefit each other and that are located adjacent to rivers, perennial or intermittent streams, seeps, and springs. Agenda Item 8. a. Unified Development Code Page 165 of 340 b. A riparian habitat area width of 150 feet is established along Yelm Creek and Thompson Creek, both Type 5, intermittent streams with low mass wasting potential as defined in Section 222 -16 -031 WAC. c. Increased riparian habitat area widths. The recommended riparian habitat area widths shall be increased, as follows: i. When the administrator determines that the recommended width is insufficient to prevent habitat degradation and to protect the structure and functions of the habitat area; ii. When the frequently flooded area exceeds the recommended riparian habitat area width, the riparian habitat area shall extend to the outer edge of the frequently flooded area; iii. When the habitat area is within an erosion or landslide hazard area or buffer, the riparian habitat area width shall be the recommended distance, or the erosion or landslide hazard area or buffer, whichever is greater. d. Riparian habitat area width averaging. The administrator may allow the recommended riparian habitat area width to be reduced in accordance with a critical area report only if: i. The width reduction will not reduce stream or habitat functions, including those of nonfish habitat; ii. The width reduction will not degrade the habitat, including habitat for anadromous fish; iii.The proposal will provide additional habitat protection; iv.The total area contained in the riparian habitat area of each stream on the development proposal site is not decreased; v. The recommended riparian habitat area width is not reduced by more than 25 percent in any one location; vi.The width reduction will not be located within another critical area or associated buffer; and vii. The reduced riparian habitat area width is supported by the best available science. e. Riparian habitat mitigation. Mitigation of adverse impacts to riparian habitat areas shall result in equivalent functions and values on a per function basis, be located as near the alteration as feasible, and be located in the same subdrainage basin as the habitat impacted. f. Alternative mitigation for riparian habitat areas. The performance Agenda Item 8. a. Unified Development Code Page 166 of 340 standards set forth in this subsection may be modified at the City's discretion if the applicant demonstrates that greater habitat functions, on a per function basis, can be obtained in the affected subdrainage basin as a result of alternative mitigation measures. 4. Aquatic habitat. The following specific activities may be permitted within a riparian habitat area, pond, lake, water of the state, and marine habitat or associated buffer. a. Clearing and grading. When clearing and grading is permitted as part of an authorized activity or as otherwise allowed in these standards, the following shall apply: i. Grading is allowed only during the dry season, which is typically regarded as beginning on May 1st and ending on October 1st of each year; provided, that the City may extend or shorten the dry season on a case -by -case basis, determined on actual weather conditions. ii. Filling or modification of a wetland or wetland buffer is permitted only if it is conducted as part of an approved wetland alteration. iii.The soil duff layer shall remain undisturbed to the maximum extent possible. Where feasible, any soil disturbed shall be redistributed to other areas of the project area. iv.The moisture - holding capacity of the topsoil layer shall be maintained by minimizing soil compaction or reestablishing natural soil structure and infiltrative capacity on all areas of the project area not covered by impervious surfaces. v. Erosion and sediment control that meets or exceeds the standards set forth in the [locally adopted stormwater management regulations] shall be provided. b. Shoreline erosion control measures. New, replacement, or substantially improved shoreline permitted in accordance with an demonstrates the following: erosion control measures may be approved critical area report that i. Natural shoreline processes will be maintained. The project will not result in increased beach erosion or alterations to, or loss of, shoreline substrate within one - quarter mile of the project area. ii. The shoreline erosion control measures will not degrade fish or wildlife habitat conservation areas or associated wetlands. iii.Adequate mitigation measures ensure that there is no net loss of the functions or values of intertidal habitat or riparian habitat as a result of the proposed shoreline erosion control measures. Agenda Item 8. a. Unified Development Code Page 167 of 340 iv.The proposed shoreline erosion control measures do not result in alteration of intertidal migration corridors. c. Streambank Stabilization. Streambank stabilization to protect new structures from future channel migration is not permitted except when such stabilization is achieved through bioengineering or soft armoring techniques in accordance with an approved critical area report. d. Roads, trails, bridges, and rights -of -way. Construction of trails, roadways, and minor road bridging, less than or equal to 30 feet wide, may be permitted in accordance with an approved critical area report subject to the following standards: i. There is no other feasible alternative route with less impact on the environment; ii. The crossing minimizes interruption of downstream movement of wood and gravel; iii. Roads in riparian habitat areas or their buffers shall not run parallel to the water body; iv.Trails shall be located on the outer edge of the riparian area or buffer, except for limited viewing platforms and crossings; v. Crossings, where necessary, shall only occur as near to perpendicular with the water body as possible; vi. Mitigation for impacts is provided pursuant to a mitigation plan of an approved critical area report; vii. Road bridges are designed according to the Washington Department of Fish and Wildlife Fish Passage Design at Road Culverts, 1999, and the National Marine Fisheries Service Guidelines for Salmonid Passage at Stream Crossings, 2000; and viii. Trails and associated viewing platforms shall not be made of continuous impervious materials. e. Utility facilities. New utility lines and facilities may be permitted to cross watercourses in accordance with an approved critical area report if they comply with the following standards: i. Fish and wildlife habitat areas shall be avoided to the maximum extent possible; ii. Installation shall be accomplished by boring beneath the scour depth and hyporheic zone of the water body and channel migration zone, where feasible; Agenda Item 8. a. Unified Development Code Page 168 of 340 iii.The utilities shall cross at an angle greater than 60 degrees to the centerline of the channel in streams or perpendicular to the channel centerline whenever boring under the channel is not feasible; iv.Crossings shall be contained within the footprint of an existing road or utility crossing where possible; v. The utility route shall avoid paralleling the stream or following a down - valley course near the channel; and vi.The utility installation shall not increase or decrease the natural rate of shore migration or channel migration. f. Public flood protection measures. New public flood protection measures and expansion of existing ones may be permitted, subject to the City's review and approval of a critical area report and the approval of a federal biological assessment by the federal agency responsible for reviewing actions related to a federally listed species. g. Instream structures. Instream structures, such as, but not limited to, high -flow bypasses, sediment ponds, instream ponds, retention and detention facilities, tide gates, dams, and weirs, shall be allowed only as part of an approved watershed basin restoration project approved by the City and upon acquisition of any required state or federal permits. The structure shall be designed to avoid modifying flows and water quality in ways that may adversely affect habitat conservation areas. h. Stormwater conveyance facilities. Conveyance structures may be permitted in accordance with an approved critical area report subject to the following standards: i. No other feasible alternatives with less impact exist; ii. Mitigation for impacts is provided; iii.Stormwater conveyance facilities shall incorporate fish habitat features; and iv.Vegetation shall be maintained and, if necessary, added adjacent to all open channels and ponds in order to retard erosion, filter out sediments, and shade the water. i. On -site sewage systems and wells. i. New on -site sewage systems and individual wells may be permitted in accordance with an approved critical area report only if accessory to an approved residential structure, for which it is not feasible to connect to a public sanitary sewer system. Agenda Item 8. a. Unified Development Code Page 169 of 340 ii. Repairs to failing on -site sewage systems associated with an existing structure shall be accomplished by utilizing one of the following methods that result in the least impact: 1) Connection to an available public sanitary sewer system; 2) Replacement with a new on -site sewage system located in a portion of the site that has already been disturbed by development and is located landward as far as possible, provided the proposed sewage system is in compliance with local health regulations; or 3) Repair to the existing on -site septic system. Agenda Item 8. a. Unified Development Code Page 170 of 340 Agenda Item 8. a. Unified Development Code Page 171 of 340 UNIFIED DEVELOPMENT CODE BUILDINGS & CONSTRUCTION I = I CHAPTER 18.22 — FIRE CODE ........................................................................................................... ..............................1 18.22.010 ADOPTION .............................................................................................................. ..............................1 18.22.020 ADMINISTRATION AND ENFORCEMENT ......................................................................... ..............................1 18.22.030 APPEAL OF DECISIONS ............................................................................................... ..............................1 18.22.040 COMMITTEE TO DETERMINE NEW MATERIALS, PROCESSES OR OCCUPANCIES ........................ ..............................1 CHAPTER 18.23 — BUILDING CODE .................................................................................................. ..............................2 18.23.010 ADOPTED ............................................................................................................... ..............................2 18.23.020 APPEAL OF DECISIONS ............................................................................................... ..............................2 CHAPTER 18.24 — MECHANICAL CODE ............................................................................................ ..............................3 18.24.010 ADOPTED ............................................................................................................... ..............................3 18.24.020 APPEAL OF DECISIONS ............................................................................................... ..............................3 CHAPTER 18.25 — PLUMBING CODE ................................................................................................ ..............................4 18.25.010 ADOPTED ............................................................................................................... ..............................4 18.25.020 SECTION 102.3.2 AMENDED — VIOLATION AND PENALTIES .............................................. ..............................4 18.25.030 SECTION 103.0 AMENDED— PERMIT REQUIRED ............................................................. ..............................5 18.25.040 APPEAL OF DECISIONS ............................................................................................... ..............................5 CHAPTER 18.26 — ENERGY CODE ..................................................................................................... ..............................6 18.26.010 ADOPTED ............................................................................................................... ..............................6 18.26.020 APPEAL OF DECISIONS ............................................................................................... ..............................6 CHAPTER 18.27 - STORMWATER RUNOFF ...................................................................................... ..............................7 18.27.010 INTENT ................................................................................................................... ..............................7 18.27.020 STORMWATER DESIGN STANDARDS .............................................................................. ..............................7 CHAPTER 18.28 — ENGINEERING SPECIFICATIONS AND STANDARD DETAILS ............................... ..............................8 18.28.010 .................................................................................................................................... ..............................8 CHAPTER 18.29 — DESIGN GUIDELINES ........................................................................................... ..............................9 18.29.010 .................................................................................................................................... ..............................9 Agenda Item 8. a. Unified Development Code Page 172 of 340 CHAPTER 18.22 — FIRE CODE 18.22.010 Adoption Those certain documents, one copy of which are on file in the office of the City clerk /treasurer, being marked and designated as "International Fire Code," including all appendices thereto, as published by the International Code Council, and amended by Chapter 51 -54A (WAC), are adopted as the code of the City prescribing regulations governing conditions hazardous to life and property from fire or explosion. 18.22.020 Administration and enforcement The International Fire Code as adopted shall be administered and enforced by the Yelm Fire Marshal, as appointed by the City Administrator. 18.22.030 Appeal of decisions Whenever the Fire Marshal, or any duly appointed official acting under the supervision of the Fire Chief of the local fire district serving the City of Yelm denies a permit applied for under the International Fire Code, or if the applicant claims that the provisions of the International Fire Code were not applied appropriately, the applicant may appeal the decision to the Hearing Examiner as provided in Chapter 18.14 (YMC). 18.22.040 Committee to determine new materials, processes or occupancies The Fire Marshal and the Public Works Director shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes, or occupancies for which permits are required in addition to those now enumerated in the International Fire Code. A list of any such new materials, processes or occupancies requiring permits shall be posted by the Fire Chief of the local fire district serving the City of Yelm in a conspicuous place in his /her office, and by the City clerk /treasurer in a conspicuous place in the City Hall, and copies thereof shall be distributed to interested persons. Agenda Item 8. a. Unified Development Code Page 173 of 340 CHAPTER 18.23 — BUILDING CODE 18.23.010 Adopted Those certain documents, one copy of which are on file and are open for inspection of the public in the office of the City clerk /treasurer, being marked and designated as: "International Building Code" and "International Residential Code," published by the International Code Council and amended by Chapters 51 -50 and 51 -51 WAC referenced herein; are adopted as the code of the City for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings or structures in the City; providing for issuance of permits and collection of fees. 18.23.020 Appeal of decisions Whenever the Building Official denies a permit applied for under the International Building Code, or if the applicant claims that the provisions of the International Building Code were not applied appropriately, the applicant may appeal the decision to the Hearing Examiner, as provided in Chapter 18.14 YMC. Agenda Item 8. a. Unified Development Code Page 174 of 340 CHAPTER 18.24 — MECHANICAL CODE 18.24.010 Adopted That certain document, one copy of which is on file in the office of the City clerk /treasurer being marked and designated as an "International Mechanical Code," as published by the International Code Council and as amended by Chapter 51 -52 WAC, is adopted as the code of the City for regulating the design, construction, quality of relocation, replacement, addition to, use or maintenance of heating, ventilating, cooling, refrigeration systems, incinerators or other miscellaneous heat - producing appliances in the City providing for the issuance of permits. 18.24.020 Appeal of decisions Whenever the Building Official denies a permit applied for under the International Mechanical Code, or if the applicant claims that the provisions of the International Mechanical Code were not applied appropriately, the applicant may appeal the decision to the Hearing Examiner, as provided in Chapter 18.14 YMC. Agenda Item 8. a. Unified Development Code Page 175 of 340 CHAPTER 18.25 — PLUMBING CODE 18.25.010 Adopted That certain document, one copy of which is on file in the office of the Yelm City clerk /treasurer, being marked and designated as a "Uniform Plumbing Code," 2003 Edition, published by the International Association of Plumbing and Mechanical Officials, and as amended by Chapter 51 -56 WAC including all material and installation standards, Appendices A, B and I as amended by Chapter 51 -57 WAC therein be and the same is adopted as the code of the City for regulating the installation, maintenance or use of any plumbing system in the City, except as otherwise expressly provided in said "Uniform Plumbing Code," 2003 Edition, published by the International Association of Plumbing and Mechanical Officials, including all material and installation standards and supplements therein, and each and all of the regulations, provisions, conditions and terms of such are by this reference thereto adopted and made a part hereof as though fully set forth in this chapter; provided, however, that Sections 102.3.2 and 103.0 of said Uniform Plumbing Code shall be amended as set forth in Sections 18.25.020 and 18.25.030 YMC. 18.25.020 Section 102.3.2 amended — Violation and penalties Section 102.3.2 of the Uniform Plumbing Code, 2003 Edition is amended to read as follows: 102.3.2. Any violation of any provision of this code is guilty of a misdemeanor. Each separate day or any portion thereof, during which any violation of this code occurs or continues, shall be deemed to constitute a separate offense. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, nor an approval of, any violation of any of the provisions of this code. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid except insofar as the work or use which it authorized is lawful. The issuance or granting of a permit or approval of plans shall not prevent the administrative authority from thereafter requiring a correction of errors in said plans and specifications or from preventing construction operations being carried on there under when in violation of this code or of any other ordinance, or from revoking any certificate of approval when issued in error. Every permit issued by the administrative authority under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from the date of issuance of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be one -half the Agenda Item 8. a. Unified Development Code Page 176 of 340 amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further, that such suspension or abandonment has not exceeded one year. 18.25.030 Section 103.0 amended — Permit required Section 103.0 of the Uniform Plumbing Code, 2003 Edition is amended to read as follows: 103.1.1. It shall be unlawful for any person to install, remove, alter, repair or replace or cause to be installed, removed, altered, repaired or replaced any plumbing work or any fixture or water heating or treating equipment in a building or premises without first obtaining a permit to do such work from the administrative authority. A separate permit shall be obtained for each building or structure. No person shall allow any other person to do or cause to be done any work under a permit secured by a permittee except persons in the employ of the permittee. 103.1.3. No permit shall be issued to any person, firm or corporation to do, or cause to be done, any work regulated by this code unless such person, firm or corporation has a valid Washington state contractors registration as required by laws of the State of Washington; provided, however, permits may be issued to property owners for work on duplex and single - family residences and accessory buildings thereto, providing such owner purchases all materials and performs all labor involved. 18.25.040 Appeal of decisions Whenever the Building Official denies a permit applied for under the Uniform Plumbing Code, or if the applicant claims that the provisions of the Uniform Plumbing Code were not applied appropriately, the applicant may appeal the decision to the Hearing Examiner, as provided in Chapter 18.14 Agenda Item 8. a. Unified Development Code Page 177 of 340 CHAPTER 18.26 — ENERGY CODE 18.26.010 Adopted. That certain document, one copy of which is on file in the office of the City clerk /treasurer being marked and designated as an "International Energy Conservation Code, Commercial," and "International Energy Conservation Code, Residential," and as published by the International Code Council and as amended by Chapters 51 -11C and 51 -11R WAC, is hereby adopted. 18.26.020 Appeal of decisions Whenever the Building Official denies a permit applied for under the International Energy Conservation Code, Commercial and /or Residential, or if the applicant claims that the provisions of the International Energy Conservation Code, Commercial and /or Residential were not applied appropriately, the applicant may appeal the decision to the Hearing Examiner as provided in Chapter 18.14 YMC. Agenda Item 8. a. Unified Development Code Page 178 of 340 CHAPTER 18.27 - STORMWATER RUNOFF 18.27.010 Intent It is the intent of this chapter to minimize property damage, promote and protect the public health, safety and welfare, minimize water quality degradation by preventing siltation, flooding, contamination and erosion, protect aquifers, ensure the safety of City roads and rights -of -ways, and foster other beneficial public uses including the use of low impact development strategies and technologies to the extent practicable. 18.27.020 Stormwater design standards The design of storm drainage and or retention /detention systems shall be designed to meet or exceed the most current edition of the Stormwater Management Manual for Western Washington, as published by the Washington State Department of Ecology. 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. No retention /detention facility shall be located in an area that is used to satisfy an open space requirement unless it enhances a recreational amenity. Agenda Item 8. a. Unified Development Code Page 179 of 340 CHAPTER 18.28 — ENGINEERING SPECIFICATIONS AND STANDARD DETAILS 18.28.010 There is adopted by reference "Engineering Specification and Standard Details, City of Yelm ", as herein after amended, a copy of which is on file with the City clerk /treasurer. Agenda Item 8. a. Unified Development Code Page 180 of 340 CHAPTER 18.29 — DESIGN GUIDELINES 18.29.010 There is adopted by reference "Design Guidelines, City of Yelm ", as herein after amended, a copy of which is on file with the City clerk /treasurer. Agenda Item 8. a. Unified Development Code Page 181 of 340 Agenda Item 8. a. Unified Development Code Page 182 of 340 UNIFIED DEVELOPMENT CODE ZONING Table of Contents CHAPTER 18.30 —ZONING ............................................................................................................... ..............................1 18.30.010 GENERAL PROVISIONS ............................................................................................... ..............................1 18.30.020 LAND USE OR ZONING DISTRICTS ESTABLISHED ................................................................ ..............................3 CHAPTER 18.31— LOW DENSITY RESIDENTIAL DISTRICT (R -4) ...................................................... ..............................4 18.31.010 INTENT ................................................................................................................... ..............................4 18.31.020 PERMITTED USES ...................................................................................................... ..............................4 18.31.030 SPECIAL USES .......................................................................................................... ..............................4 18.31.040 STANDARDS SPECIFICTO THE R -4 DISTRICT .................................................................... ..............................5 CHAPTER 18.32 - MODERATE- DENSITY RESIDENTIAL (R -6) ........................................................... ..............................6 18.32.010 INTENT ................................................................................................................... ..............................6 18.32.020 PERMITTED USES ...................................................................................................... ..............................6 18.32.030 SPECIAL USES .......................................................................................................... ..............................6 18.32.040 STANDARDS SPECIFICTO THE R -6 DISTRICT .................................................................... ..............................7 CHAPTER 18.33 - HIGH - DENSITY RESIDENTIAL DISTRICT (R -16) .................................................... ..............................8 18.33.010 INTENT ................................................................................................................... ..............................8 18.33.020 PERMITTED USES ...................................................................................................... ..............................8 18.33.030 SPECIAL USES .......................................................................................................... ..............................8 18.33.040 STANDARDS SPECIFICTO THE R -16 DISTRICT .................................................................. ..............................8 CHAPTER 18.34- MASTER PLANNED COMMUNITY ( MPC) ........................................................... .............................10 18.34.010 INTENT .................................................................................................................. .............................10 18.34.020 PERMITTED USES ..................................................................................................... .............................10 18.34.030 STANDARDS SPECIFICTO THE MPC DISTRICT ................................................................. .............................10 CHAPTER 18.35 — CENTRAL BUSINESS DISTRICT (CBD) ................................................................. .............................11 18.35.010 INTENT .................................................................................................................. .............................11 18.35.020 PERMITTED USES ..................................................................................................... .............................11 18.35.030 SPECIAL USES ......................................................................................................... .............................11 18.35.040 STANDARDS SPECIFICTO THE CBD DISTRICT .................................................................. .............................11 CHAPTER 18.36 — COMMERCIAL DISTRICT ( C- 1) ............................................................................ .............................15 18.36.010 INTENT .................................................................................................................. .............................15 18.36.020 PERMITTED USES ..................................................................................................... .............................15 18.36.030 SPECIAL USES ......................................................................................................... .............................15 18.36.040 STANDARDS SPECIFICTO THE C -1 DISTRICT ................................................................... .............................15 CHAPTER 18.37 — HEAVY COMMERCIAL ZONE( C- 2) ...................................................................... .............................18 18.37.010 INTENT .................................................................................................................. .............................18 18.37.020 PERMITTED USES ..................................................................................................... .............................18 18.37.030 SPECIAL USES .......................................................................................................... .............................18 18.57.040 STANDARDS SPECIFIC TO THE C -2 DISTRICT ................................................................... .............................19 CHAPTER 18.38 — LARGE LOT COMMERCIAL DISTRICT ( C- 3) ......................................................... .............................20 18.38.010 INTENT .................................................................................................................. .............................20 18.38.020 PERMITTED USES ..................................................................................................... .............................20 18.38.030 SPECIAL USES .......................................................................................................... .............................20 18.38.040 STANDARDS SPECIFIC TO THE C -3 DISTRICT ................................................................... .............................21 CHAPTER 18.39 — INDUSTRIAL DISTRICT ( 1) ................................................................................... .............................22 18.39.010 INTENT .................................................................................................................. .............................22 18.39.020 PERMITTED USES ..................................................................................................... .............................22 18.39.030 SPECIAL USES ......................................................................................................... .............................23 Agenda Item 8. a. Unified Development Code Page 183 of 340 18.39.040 STANDARDS SPECIFIC TO THE INDUSTRIAL DISTRICT ......................................................... .............................23 CHAPTER 18.40 — OPEN SPACE /INSTITUTIONAL DISTRICT ( OS) .................................................... .............................24 18.40.010 INTENT .................................................................................................................. .............................24 18.40.020 PERMITTED USES ..................................................................................................... .............................24 18.40.030 SPECIAL USES .......................................................................................................... .............................24 18.40.040 STANDARDS SPECIFIC TO THE OS DISTRICT .................................................................... .............................25 CHAPTER 18.41— TEMPORARY USES ............................................................................................. .............................26 18.41.010 PURPOSE ............................................................................................................... .............................26 18.41.020 TEMPORARY USES ................................................................................................... .............................26 Agenda Item 8. a. Unified Development Code Page 184 of 340 CHAPTER 18.30 — ZONING 18.30.010 General Provisions A. Zoning map. The zoning districts are bounded as shown on the official zoning map of the City of Yelm as adopted as part of the City of Yelm Comprehensive Plan. B. Interpretation of zoning district boundaries. When uncertainty exists as to the boundaries as shown on the official zoning map, the Community Development Director and his /her designee shall interpret the boundaries, which shall be final. C. Allowable Density. When calculating the number of dwelling units allowed on a parcel, the gross area is used and the subsequent number of units is rounded to the first significant digit. Gross area includes all land within the exterior boundaries of the development, including, but not limited to all land allocated for open space, critical areas, buffers, streets, roads, and public and private rights -of -way. D. Interpretation of uses. 1. Uses not listed in a zoning district as permitted or special are prohibited. 2. Each zoning district permits certain specific uses and similar or related uses. The determination of similarity or relatedness to the specific uses shall be made by the Community Development Director or his /her designee. E. The following structures and uses shall be allowed in all zoning district and shall be exempt from the design standards of the unified development code. 1. Traditional household pets such as dogs and cats. 2. Wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar equipment for the distribution to consumers of telephone or other communications, electricity, gas or water or the collection of sewage, or surface or subsurface water, operated or maintained by a governmental entity or a public utility or other City franchised utilities including customary meter pedestals, telephone pedestals, distribution transformers and temporary utility facilities required during building construction, whether any such facility is located underground or aboveground; but only when such facilities are located in a street right -of -way or in an easement less than 25 feet in width. This exemption shall not include any substation located on or above the surface of the ground or any such distribution facility located in an easement of 25 feet or more in width; Agenda Item 8. a. Unified Development Code Page 185 of 340 3. Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad right -of -way, and maintenance and repair work on such facilities and equipment. This exemption shall not include any facilities and equipment listed as special uses. F. The following structures are exempt from the minimum setback requirements set forth in the zoning districts when the structures are located outside the public right -of -way and are obviously intended to serve the public interest: utility equipment, mailboxes, bus shelters, public bicycle shelters or any similar structure or device. G. Permitted intrusions into required yards. 1. Cornices, eaves and other similar architectural features may project from the foundation wall into any minimum yard setback requirement a maximum distance of two and one -half feet. 2. Open, unwalled and uncovered steps, ramps, not more than four feet in height may extend into the required front or rear yard setback requirement not more than five feet. 3. Decks and patio covers may be permitted to encroach into all residential district rear yard setbacks, provided a minimum setback of 10 feet is retained, and provided such deck be not more than 16 inches above existing natural grade measured at deck floor from the highest point; and provided, that such patio cover is not enclosed in any manner. In no case shall the deck or patio cover be constructed in a required side yard. 4. Awnings and marquees may be allowed within required front yards and over sidewalks or public rights -of -way in commercial and industrial zones if all the following requirements are satisfied: a. The approval authority determines that placement of the awning or marquee within the setback areas or over the public sidewalk does not impede vehicular or pedestrian traffic flow or create any other type of hazard to the public; b. The awning or marquee is specifically designed to benefit pedestrians by the providing of shelter and creating a friendlier pedestrian environment; c. That development of an awning or marquee within the setback area or over public sidewalk is consistent with goals of the comprehensive development plan, the standards of the specific zone in which it is proposed to be located and consistent with the character of the surrounding neighborhood. Agenda Item 8. a. Unified Development Code Page 186 of 340 18.30.020 Land use or zoning districts established To carry out the purpose of this title, the City is divided into the following districts: low- density residential (R -4), moderate - density residential (R -6), high- density residential (R -16), central business district (CBD), commercial (C -1), heavy commercial (C -2), large lot commercial (C -3), industrial (I) and open space /institutional (OS). Agenda Item 8. a. Unified Development Code Page 187 of 340 CHAPTER 18.31 — Low DENSITY RESIDENTIAL DISTRICT (R -4) 18.31.010 Intent It is the intent of this chapter to enhance and guide development in single family residential areas. 18.31.020 Permitted uses The following uses are allowed within the low- density residential zoning district, subject to the project approvals and design standards of the unified development code: • Single family residential units • Duplexes • Secondary dwelling units • Townhouses • Planned residential development • Residential care facilities • Home Occupations • Family home child care providers • Attached and co- located wireless facilities 18.31.030 Special Uses The following uses are allowed within the low- density residential zoning district, subject to the special use permit process and design standards of the unified development code: • Child daycare centers and nursery's • Preschools • Cemeteries • Funeral homes • Convalescent care facilities • Assisted living facilities • Congregate care facilities • Senior centers • Bed & Breakfast /transient lodging places • Essential Public facilities • Freestanding wireless communication facilities Agenda Item 8. a. Unified Development Code Page 188 of 340 18.31.040 Standards specific to the R -4 district A. Allowed Density. Four dwelling units per acre; provided that, on existing lots one acre or less, duplexes are allowed at a density of one duplex per one -third acre (14,520 square feet). B. Minimum lot area. There is no minimum lot area. C. Minimum front yard setback. 1. 15 feet from a local access street. 2. 25 feet from a collector street. 3. 35 feet from an arterial street. D. Minimum side yard setback: 5 feet. E. Minimum flanking yard setback: 15 feet. F. Minimum rear yard setback: 25 feet. G. Minimum driveway approach: 20 feet. H. Maximum building heights. 1. Main building: 35 feet. 2. Accessory building: 16 feet. I. Accessory Buildings. All accessory buildings must comply with the current building setbacks as stated in this chapter; provided, however, if the accessory building is less than 120 square feet square feet, and less than 10 feet in height, the side and rear yard setbacks do not apply. J. Secondary Dwelling Units. One secondary dwelling unit may be created on a single - family lot. 1. For lots of record under one acre such conversion or addition shall not exceed 1,000 square feet. 2. For lots of record of one acre or more such conversion or addition shall not exceed 1,500 square feet. K. Townhouse development 1. The minimum parcel size shall be two acres or larger. Parcels shall provide a mix of townhouses and single - family detached units, with no less than 50 percent of the units being single - family dwellings. Agenda Item 8. a. Unified Development Code Page 189 of 340 CHAPTER 18.32 - MODERATE - DENSITY RESIDENTIAL (R -G) 18.32.010 Intent It is the intent of this chapter to enhance and guide development of moderate density, and to provide for a greater variety of housing types. 18.32.020 Permitted uses The following uses are allowed within the moderate - density residential zoning district, subject to the project approvals and design standards of the unified development code: • Single family residential units • Duplexes • Multi- family dwellings • Townhouses • Manufactured housing communities • Planned Residential Development • Secondary dwelling units • Residential care facilities • Home Occupations • Family home child care providers • Attached and co- located wireless facilities 18.32.030 Special Uses The following uses are allowed within the moderate - density residential zoning district, subject to the special use permit process and design standards of the unified development code: • Child daycare centers and nursery's • Preschools • Cemeteries • Funeral homes • Convalescent care facilities • Assisted living facilities • Congregate care facilities • Senior centers • Bed & Breakfast lodging places • Essential Public facilities Agenda Item 8. a. Unified Development Code Page 190 of 340 Freestanding wireless communication facilities 18.32.040 Standards specific to the R -6 district A. Allowed Density. Not less than three and not more than six dwelling units per acre. B. Minimum lot area. There is no minimum lot area. C. Minimum front yard setback. 1. 15 feet from a local access street. 2. 25 feet from a collector street. 1 35 feet from an arterial street. D. Minimum side yard setback: 5 feet. E. Minimum flanking yard setback: 15 feet. F. Minimum rear yard setback: 25 feet. G. Minimum driveway approach: 20 feet. H. Maximum building heights. 1. Main building: 35 feet. 2. Accessory building: 16 feet. I. Accessory Buildings. All accessory buildings must comply with the current building setbacks as stated in this chapter; provided, however, if the accessory building is less than 120 square feet square feet, and less than 10 feet in height, the side and rear yard setbacks do not apply. J. Secondary Dwelling Units. One secondary dwelling unit may be created on a single - family lot. 1. For lots of record under one acre such conversion or addition shall not exceed 1,000 square feet. 2. For lots of record of one acre or more such conversion or addition shall not exceed 1,500 square feet. Such conversion or addition shall be subject to the availability of public utilities, and shall comply with all rules and regulations of the building, plumbing, fire and other applicable codes. K. Townhouse development. 1. The maximum parcel size for a townhouse development is five acres. L. Manufactured housing community. 1. The parcel size shall be a minimum of three acres, with a maximum of 15 acres. Agenda Item 8. a. Unified Development Code Page 191 of 340 CHAPTER 18.33 - HIGH - DENSITY RESIDENTIAL DISTRICT (R -16) 18.33.010 Intent It is the intent of this chapter to make high- density residential developments available to those persons who may prefer such housing because of personal or financial circumstances and preserve within those developments open space and related amenities. 18.33.020 Permitted uses • Single family residential units • Duplexes • Townhouses • Multi- family dwellings • Manufactured housing community • Secondary dwelling units • Planned residential development • Residential care facilities • Home occupations • Family home child care providers • Attached and co- located wireless facilities 18.33.030 Special Uses • Child daycare centers and nursery's • Preschools • Cemeteries • Funeral homes • Convalescent care facilities • Assisted living facilities • Congregate care facilities • Senior centers • Bed & breakfast lodging places • Essential public facilities • Freestanding wireless communication facilities 18.33.040 Standards specific to the R -16 district A. Allowed Density. Agenda Item 8. a. Unified Development Code Page 192 of 340 1. Not less than eight and not more than 16 dwelling units per acre B. Minimum lot area. There is no minimum lot area. C. Minimum front yard setback. 1. 15 feet from a local access street. 2. 25 feet from a collector street. 1 35 feet from an arterial street. D. Minimum side yard setback: 10 feet. E. Minimum flanking yard setback: 20 feet F. Minimum rear yard setback: 25 feet. G. Minimum driveway approach: 25 feet. H. Maximum building heights. 1. Within 100 feet of a lower density residential zone: 25 feet. 2. All other residential buildings: 35 feet or three stories, whichever is lesser. 3. Accessory building: 35 feet. I. Accessory Buildings. All accessory buildings must comply with the current building setbacks as stated in this chapter; provided, however, if the accessory building is less than 120 square feet square feet, and less than 10 feet in height, the side and rear yard setbacks do not apply. J. Secondary Dwelling Units. One secondary dwelling unit may be created on a single - family lot. 1. For lots of record under one acre such conversion or addition shall not exceed 1,000 square feet. 2. For lots of record of one ace or more such conversion or addition shall not exceed 1,500 square feet. Such conversion or addition shall be subject to the availability of public utilities, and shall comply with all rules and regulations of the building, plumbing, fire and other applicable codes. K. Townhouse development 1. The maximum parcel size for townhouse development shall be no more than 10 acres. L. Manufactured housing community. 1. The parcel size shall be a minimum of three acres, with a maximum of 15 acres. 2. Maximum density shall be six units per acre. Agenda Item 8. a. Unified Development Code Page 193 of 340 CHAPTER 18.34 - MASTER PLANNED COMMUNITY (MPC) 18.34.010 Intent A. It is the intent of this chapter to provide for large scale projects that incorporate a full range of land uses, where appropriate and consistent with the Comprehensive Plan. 18.34.020 Permitted uses Conceptual and final master plan approval identifies allowed uses. 18.34.030 Standards specific to the MPC district A. Minimum site area. A minimum of 200 acres in a single ownership must be available for a master plan; smaller acreage under separate ownership may be included in the proposal. B Assure compliance with the Washington State Growth Management Act, and the goals and policies of the Yelm Comprehensive Plan. C. Create safe, efficient and economic use of land. D. Provide adequate public services such as transportation, water, sewage, storm drainage, electricity, and open space. E. Provide efficient patterns of land uses that, where appropriate, decrease trip length of automobile travel, increased access to public transit, bicycle routes, and other alternative modes of travel. F. Minimize energy consumption and demand. G. Minimize adverse environmental impacts including degradation of wildlife habitat and important natural features. H. Arrange land uses to complement and minimize impacts to existing neighborhoods. I. Coordinate commercial and industrial locations and designs to minimize impacts to the natural environment. Agenda Item 8. a. Unified Development Code Page 194 of 340 CHAPTER 18.35 — CENTRAL BUSINESS DISTRICT (CBD) 18.35.010 Intent The purpose of the Central Business District 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. 18.35.020 Permitted uses • Retail establishments • Service oriented establishments • Apartments • Residential uses are allowed provided the development occurs on existing lots of record, one acre or less • Public safety and emergency response facilities, including police and fire stations, emergency medical centers, and hospitals • Attached and co- location wireless communication facilities 18.35.030 Special Uses • Child daycare centers and nursery's • Preschools • Cemeteries • Funeral homes • Convalescent care facilities • Assisted living facilities • Congregate care facilities • Senior centers • Essential Public facilities • Freestanding wireless communication facilities 18.35.040 Standards specific to the CBD district A. Drive through food establishments and services are prohibited. B. Allowed residential density. 16 dwelling units per acre, subject to R -16 development standards. C. Minimum lot area. There is no minimum lot area. D. Minimum front yard setback. 1. Residential. Agenda Item 8. a. Unified Development Code Page 195 of 340 a. 15 feet from a local access street. b. 25 feet from a collector street. c. 35 five feet from an arterial street. 2. All other uses. Structures shall be located so as to provide continuity with existing streets, alleys, sidewalks, and bikeways. E. Minimum side yard setback. 1. Residential: 10 feet and 20 feet from any flanking street. 2. All other uses: Structures shall be located so as to provide continuity with existing streets, alleys, sidewalks, and bikeways. F. Minimum rear yard setback. 1. Residential: 25 feet. 2. All other uses: Structures shall be located so as to provide continuity with existing streets, alleys, sidewalks, and bikeways. G. Minimum driveway approach. 1. Residential: 20 feet. 2. All other uses: Structures shall be located so as to provide continuity with existing streets, alleys, sidewalks, and bikeways. H. Maximum building heights: 35 feet. I. Maximum floor area: 20,000 square feet per floor. J. Parking. Minimum parking requirements may be waived where onsite parking is unachievable, and on street parking is available. Angled parking is allowed on local access and collector streets within the central business district. K. Properties fronting on a "Pedestrian Oriented Street" shall include: 1. Paved pedestrian walkway from the street corner to the building entrance. 2. Transparent window area or window displays along at least 50 percent of the length of the ground floor fagade. 3. Sculptural, mosaic or bas relief artwork over 50 percent of the length of the ground floor fagade. 4. "Pedestrian oriented space," located adjacent to the sidewalk. At least 500 square feet of pedestrian oriented space must be provided for every 100 linear feet of fagade as measured along the property lines adjacent to the street right -of -way. 5. Other special landscaping or building design feature approved by the Agenda Item 8. a. Unified Development Code Page 196 of 340 City. 6. Building entries must have direct access to the public sidewalk. 7. No more than 50 percent of the street frontage measured parallel to the curb may be occupied by parking and /or vehicle access. 8. For properties fronting on two or more pedestrian oriented streets, parking may be located on one of the streets provided that a building or pedestrian oriented space is situated between the parking and the street corner. L. In addition to site planning measures above, provide at least two of the following pedestrian amenities near the sidewalk: 1. Pedestrian furniture, such as seating, lighting, drinking fountain, etc. 2. Pedestrian weather protection at least three feet wide along at least 80 percent of the building's street front face. The weather protection may be in the form of awnings, marquees, canopies or building overhangs, provided that canopies or awnings not extend above 15 feet above the ground elevation at the highest point nor lower than eight feet at the lowest point. 3. Pedestrian oriented open space. 4. Substantial perimeter landscaping 5. Artwork. 6. Transit stop with seating. 7. Window displays over the majority of the front fagade. 8. Decorative screen wall, trellis, or other building or site feature. 9. Pedestrian lighting. M. Architecturally accentuate building corners at street intersections. All new buildings located on properties at the intersection of two public streets are shall apply one or more of the following design elements. 1. At least 100 square feet of sidewalk or pedestrian oriented open space in addition to required building setback. 2. Corner entrance to courtyard, building lobby, atrium or pedestrian pathway. 3. Corner architectural elements such as bay windows, roof deck or balconies on upper stories, notched or curved fagade surfaces 4. Sculpture or artwork or distinctive use of materials. 5. Special treatment of pedestrian weatyher protection canopy. 6. Building corner entry. Agenda Item 8. a. Unified Development Code Page 197 of 340 N. Building Design. Building shell colors shall be earth tones such as, taupe, brown, red - brown, buff, gray, cream, white, natural wood, brick, or stone. Trim should be white, black, dark blue, dark green, dark teal, dark red, or other deep saturated colors. Bright accent colors should not cover more than 10 percent of any building fagade. Stucco must not be treated in a sculptural manner with curved surfaces or relief patterns. Stucco surfaces should be trimmed with wood, brick, or masonry or in a way that protects them from the weather. Agenda Item 8. a. Unified Development Code Page 198 of 340 CHAPTER 18.36 — COMMERCIAL DISTRICT (C-1) 18.36.010 Intent The commercial zone 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. 18.36.020 Permitted uses Retail establishments • Service oriented establishments • Apartments, as part of a mixed use development. • Residential uses are allowed provided the development occurs on existing lots of record, one acre or less • Child daycare centers & nursery's • Preschools and private instruction • Public safety and emergency response facilities, including police and fire stations, emergency medical centers, and hospitals • Attached and co- location wireless communication facilities 18.36.030 Special Uses • Cemeteries • Funeral homes • Convalescent care facilities • Assisted living facilities • Congregate care facilities • Senior centers • Essential Public facilities Freestanding wireless communication facilities 18.36.040 Standards specific to the C -1 district A. Allowed residential density. 16 dwelling units per acre, subject to R -16 development standards. Apartments shall represent no more than 60 percent of a mixed use development. B. Minimum lot area: 5,000 square feet. C. Minimum front yard setback: 15 feet. Agenda Item 8. a. Unified Development Code Page 199 of 340 D. Minimum side yard setback: 10 feet. E. Minimum rear yard setback: 20 feet. F. Minimum driveway approach: 20 feet. G. Maximum building heights: 40 feet. H. Building location. 25 percent of the floor area of a building with single - story gross floor area in excess of 40,000 square feet shall be sited within 1,000 linear feet of a double arterial. I. Properties fronting on a "Pedestrian Oriented Street" shall include: 1. Paved pedestrian walkway from the street corner to the building entrance. 2. Transparent window area or window displays along at least 50 percent of the length of the ground floor fagade. 3. Sculptural, mosaic or bas relief artwork over 50 percent of the length of the ground floor fagade. 4. "Pedestrian oriented space," located adjacent to the sidewalk. At least 500 square feet of pedestrian oriented space must be provided for every 100 linear feet of fagade as measured along the property lines adjacent to the street right -of -way. 5. Other special landscaping or building design feature approved by the City. 6. Building entries must have direct access to the public sidewalk. 7. No more than 50 percent of the street frontage measured parallel to the curb may be occupied by parking and /or vehicle access. 8. For properties fronting on two or more pedestrian oriented streets, parking may be located on one of the streets provided that a building or pedestrian oriented space is situated between the parking and the street corner. J. In addition to site planning measures above, provide at least two of the following pedestrian amenities near the sidewalk: 1. Pedestrian furniture, such as seating, lighting, drinking fountain, etc. 2. Pedestrian weather protection at least three feet wide along at least 80 percent of the building's street front face. The weather protection may be in the form of awnings, marquees, canopies or building overhangs, provided that canopies or awnings not extend above 15 feet above the ground elevation at the highest point nor lower than eight feet at the lowest point. 3. Pedestrian oriented open space. Agenda Item 8. a. Unified Development Code Page 200 of 340 4. Substantial perimeter landscaping 5. Artwork. 6. Transit stop with seating. 7. Window displays over the majority of the front fagade. 8. Decorative screen wall, trellis, or other building or site feature. 9. Pedestrian lighting. K. Architecturally accentuate building corners at street intersections. All new buildings located on properties at the intersection of two public streets are shall apply one or more of the following design elements. 1. At least 100 square feet of sidewalk or pedestrian oriented open space in addition to required building setback. 2. Corner entrance to courtyard, building lobby, atrium or pedestrian pathway. 3. Corner architectural elements such as bay windows, roof deck or balconies on upper stories, notched or curved fagade surfaces 4. Sculpture or artwork or distinctive use of materials. 5. Special treatment of pedestrian weather protection canopy. 6. Building corner entry. Agenda Item 8. a. Unified Development Code Page 201 of 340 CHAPTER 18.37 — HEAVY COMMERCIAL ZONE(C-2) 18.37.010 Intent It is the intent of this chapter to permit commercial uses and activities which depend more heavily on convenient vehicular access or which may be inappropriate in other commercial districts and to limit location of heavy commercial areas to sites having safe and efficient access to major transportation routes. 18.37.020 Permitted uses Retail establishments • Service oriented establishments • Apartments, as part of a mixed use development • Residential uses are allowed provided the development occurs on existing lots of record, one acre or less • Child daycare centers and nursery's • Schools, preschools and private instruction • Public safety and emergency response facilities, including police and fire stations, emergency medical centers, and hospitals • Manufactured homes as an accessory use for security or maintenance personnel • Mini - storage facilities • Recreational vehicle storage • Recreational vehicle parks • Sales and servicing of automobiles, boats, recreational vehicles, modular homes and farm equipment • Recycling centers • Mail order warehouse • On -site hazardous waste treatment and storage facilities as an accessory use to an activity generating hazardous waste. • Attached, co- located and free standing wireless communication facilities 18.37.030 Special uses • Cemeteries Funeral homes • Convalescent care facilities Agenda Item 8. a. Unified Development Code Page 202 of 340 Assisted living facilities • Congregate care facilities • Senior centers Essential Public facilities Adult entertainment business (excluding live entertainment) 18.57.040 Standards specific to the C -2 district A. Allowed Density. 16 dwelling units per acre subject to the standards of the R -16 zone. Apartments shall represent no more than 60 percent of a mixed use development. B. Minimum lot area. 5,000 square feet. C. Minimum front yard setback. 15 feet. D. Minimum side yard setback. 10 feet. E. Minimum rear yard setback. 20 feet. F. Minimum driveway approach. 20 feet. G. Maximum building heights. 40 feet. H. Provide a paved pedestrian walkway from the street corner to the building entrance. I. Provide pedestrian oriented open space at key locations. J. Architecturally accentuate building corners at street intersections. K. Mini - storage facilities and recreational vehicle storagage must be located more than 500 feet from an urban arterial. L. Recycling centers for the collection and temporary storage of materials shall be conducted within an enclosed building with a maximum gross floor area of 4,000 square feet. M. Recreational vehicle parks shall have: 1. No structure or recreational vehicle site shall be closer than 25 feet to any property line, and the area created by such setback shall be used for landscaping to screen the recreational vehicles from adjoining properties 2. Permitted improvements include restroom facilities; picnicking areas; boating; fishing; swimming; outdoor games and activities, including miniature golf courses or any mechanical amusement device; and other uses customarily incidental to the operation of the park Agenda Item 8. a. Unified Development Code Page 203 of 340 CHAPTER 18.38 — LARGE LOT COMMERCIAL DISTRICT (C-3) 18.38.010 Intent It is the intent of this chapter to provide for the location of facilities and services needed by the traveling public and which depend more heavily on convenient vehicular access than pedestrian access. Limit location to sites having safe and efficient access to major transportation routes and identify the types of commercial uses appropriate or acceptable in the large lot commercial zone. 18.38.020 Permitted uses Retail establishments • Service oriented establishments • Apartments, as part of a mixed use development. • Residential uses are allowed provided the development occurs on existing lots of record, one acre or less • Child daycare centers and nursery's • Schools, preschools and private instruction • Public safety and emergency response facilities, including police and fire stations, emergency medical centers, and hospitals • Mini - storage facilities • Recreational vehicle parks • Sales and servicing of automobiles, boats, recreational vehicles, modular homes and farm equipment • Recycling centers • Mail order warehouse • On -site hazardous waste treatment and storage facilities as an accessory use to an activity generating hazardous waste. • Attached, co- located and free standing wireless communication facilities 18.38.030 Special uses • Cemeteries • Funeral homes • Convalescent care facilities • Assisted living facilities • Congregate care facilities Agenda Item 8. a. Unified Development Code Page 204 of 340 • Senior centers • Essential Public facilities • Adult entertainment business (excluding live entertainment). 18.38.040 Standards specific to the C -3 district A. Allowed Density. 16 dwelling units per acre subject to the standards of the R -16 zone. Apartments shall represent no more than 60 percent of a mixed use development. B. Minimum lot area. 70 percent of the original tract must be kept in a single lot. No minimum lot area on lots outside the large lot tract. C. Minimum front yard setback. 15 feet. D. Minimum side yard setback. 15 feet. E. Minimum rear yard setback. 15 feet. F. Minimum driveway approach. 20 feet. G. Maximum building heights. 55 feet. H. Building location. 25 percent of the floor area of a building with single - story gross floor area in excess of 40,000 square feet shall be sited within 1,000 linear feet of a double arterial. I. Ingress and egress at the site shall be limited to one driveway for each 200 feet of frontage. Where only one driveway serves a site, the driveway shall not be less than 25 feet nor more than 36 feet wide. All driveways shall be not less than 150 feet from intersecting right -of -way lines, measured from the centerline of the driveway. Curbs and gutters or permanently fixed bollards shall be provided to limit other vehicular access to the site. J. Mini - storage facilities and recreational vehicle storagage must be located more than 500 feet from an urban arterial. K. Recycling centers for the collection and temporary storage of materials shall be conducted within an enclosed building with a maximum gross floor area of 4,000 square feet. L. Recreational vehicle parks shall have: 1. Property line setbacks to any structure or recreational vehicle sites shall be a minimum of 25 feet. This area shall be used for landscaping to screen the park from adjoining properties. 2. Permitted improvements include restroom facilities; picnicking areas; boating; fishing; swimming; outdoor games and activities, including miniature golf courses or any mechanical amusement device; and other uses customarily incidental to the operation of the park. Agenda Item 8. a. Unified Development Code Page 205 of 340 CHAPTER 18.39 — INDUSTRIAL DISTRICT (I) 18.39.010 Intent It is the intent of this chapter to provide for the areas in which certain types of industrial activities may be located, to protect industrial areas from other uses which may interfere with the purpose and efficient functioning of industrial uses and protect adjacent areas from adverse or damaging impact resulting from activities in the industrial areas. 18.39.020 Permitted uses • Manufacture, assembly, repair, servicing of goods or products such as mechanical, automotive, marine and contractors' or builders' equipment and supplies, concrete, cement, asphalt, building materials and supplies, and electrical and electronic equipment or products. • Assembly of manufactured products, remanufacturing /recycling and processing of materials such as wood products, including furniture, metal, cans, cable and pipe, plastics and synthetic materials, concrete products, cloth, paper, commercial bakery goods, cosmetics, agricultural or dairy products, scientific, medical and precision instruments and equipment, livestock rendering facility, and auto wrecking yards. • Warehousing and storage of equipment, commodities and products. • Accessory uses clearly subordinate to, and an integral part of, the primary use of the property (e.g., plant cafeteria, recreation area). • Manufactured home as an accessory use for security or maintenance personnel. • Commercial uses which are clearly subordinate to a permitted use such as service stations or hardware stores. • Public buildings, public safety and emergency response facilities, including police and fire stations • Living or residential quarters as an accessory use such as guards' quarters in large establishments where such quarters are customarily provided for security and /or insurability of the premises. • On -site and off -site hazardous waste treatment and storage facilities as an accessory use to any activity lawfully allowed in this zone; provided, that such facilities meet the state siting criteria adopted pursuant to the requirements of Section 70.105.210 RCW. • Attached, co- located and free standing wireless communication facilities. Agenda Item 8. a. Unified Development Code Page 206 of 340 18.39.030 Special Uses • Cemeteries • Funeral homes • Convalescent care facilities • Assisted living facilities • Congregate care facilities • Senior centers • Essential public facilities • Secure community transition facilities • Adult entertainment business 18.39.040 Standards specific to the Industrial district A. Minimum lot area. 10,000 square feet. B. Minimum lot width. 100 feet. C. Minimum front yard setback. 15 feet. D. Minimum side yard setback. 15 feet unless the property abuts residentially zoned property, in which case the side yard setback shall be 25 feet. E. Minimum rear yard setback. 15 feet unless the property abuts residentially zoned property, in which case the side yard setback shall be 25 feet. F. Maximum building heights. 40 feet. G. Building location. 25 percent of the floor area of a building with single - story gross floor area in excess of 40,000 square feet shall be sited within 1,000 linear feet of a double arterial. H. Landscaping. In addition to standard landscaping requirements, parcels which share a common boundary with properties in a residential or open space /institutional district shall provide a 10 foot landscape strip, in addition to the rear or side setbacks required. I. Restrict industrial uses on property within 500 feet of the Yelm prairie rail line to those that support or depend on rail access. Agenda Item 8. a. Unified Development Code Page 207 of 340 CHAPTER 18.40 — OPEN SPACE/ INSTITUTIONAL DISTRICT (OS) 18.40.010 Intent It is the intent of this chapter to protect and preserve land devoted to existing and future use for civic, cultural, educational and similar facilities, provide for the social needs of the community, and to provide and protect parks, open space and other natural physical assets to improve the aesthetic and functional features of the community. 18.40.020 Permitted uses • Parks, greenbelts, golf courses and open space for active or passive recreation or enjoyment • Institutional buildings, including municipal or other governmental agencies, public safety and emergency response facilities, including police and fire stations, emergency medical centers, and hospitals, and may include public land devoted solely to the storage of equipment and materials, bus transfer stations and park and ride lots • Community meeting or recreation halls • Libraries, museums or similar cultural facilities • Churches, temples and synagogues • Residential uses as an incidental use to the permitted use such as caretaker's quarters, or as an accessory use to institutional facilities such as housing for students, staff or faculty of colleges and hospitals • Manufactured homes as an accessory use for security or maintenance personnel • Manufactured buildings where a community need is demonstrated by a public agency such as temporary classrooms 18.40.030 Special uses • Cemeteries • Funeral homes • Convalescent care facilities • Assisted living facilities • Congregate care facilities • Essential public facilities • Child day care centers only as an accessory use to a use permitted in this chapter. Agenda Item 8. a. Unified Development Code Page 208 of 340 18.40.040 Standards specific to the OS district A. Site area. The minimum size and shape of the site shall be appropriate to the proposed use of said site and its relationship to abutting properties and traffic patterns in the vicinity of the site. B. Maximum height of buildings. 40 feet. C. Minimum front yard setback. 1. 25 feet from a collector or local access street. 2. 35 feet from an arterial street. D. Minimum side yard setback. 25 feet if the adjacent property is residentially zoned, otherwise 15 feet. E. Ingress and egress at the site shall be limited to one driveway for each 200 feet of frontage. Where only one driveway serves a site, the driveway shall not be less than 25 feet nor more than 35 feet wide. All driveways shall be not less than 150 feet from intersecting right -of -way lines, measured from the centerline of the driveway. Curbs and gutters or permanently fixed bollards shall be provided to limit other vehicular access to the site. F. Outdoor storage must have sight- obscuring screening around the storage area, and stored materials shall not exceed the height of the screening. Agenda Item 8. a. Unified Development Code Page 209 of 340 CHAPTER 18.41 — TEMPORARY USES 18.41.010 Purpose To identify temporary uses which are low- impact and are limited in duration and intensity, that would otherwise be subject to a site plan review approval, site improvements, and connection to sewer and water. 18.41.020 Temporary uses. A. The following temporary uses may be authorized, subject to specific limitations in this section and such additional conditions as may be established by the Site Plan Review Committee: 1. Contractor's offices, equipment storage sheds and storage yards, and portable lavatories on the site of a permitted, active construction project, for a duration not exceeding one year 2. Manufactured home 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 90 days beyond completion of construction. A 30 day extension may be granted by the community development department upon written request of the developer and upon the department's finding that such request for extension is reasonable and in the public interest 3. Any district as an emergency facility when operated by or for a public agency 4. 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 5. Circuses, carnivals, rodeos, fairs or similar transient amusement or recreational activities 6. Christmas tree sales lots and fireworks stands, limited to location on lots not used for residential purposes in commercial or industrial zones 7. Indoor or outdoor sales sponsored by schools or other nonprofit organizations for no more than three days per event and no more than four times in any calendar year 8. Seasonal sale of unprocessed agricultural products, limited to location on lots not used for residential purposes in commercial zones which are improved to current City standards 9. Fund raising car washes 10. Uses found by the Site Plan Review Committee to be similar in nature and impacts to those listed temporary uses Agenda Item 8. a. Unified Development Code Page 210 of 340 11. Farmers markets. B. Standards for Temporary Uses. 1. Each site occupied by a temporary use shall be left free of debris, litter or other evidence of temporary use upon completion of the use. 2. A temporary use shall not occupy more than 15 percent of the parking spaces required for the primary use of the property. 3. Temporary uses must provide sufficient off - street parking and vehicular maneuvering area for customers. 4. No temporary use shall occupy parks without an approved park use request or any public rights -of -way. 5. The Site Plan Review Committee may establish such additional conditions as may be deemed necessary to ensure land use compatibility and to minimize potential impacts on nearby uses. These include, but are not limited to, conditions regulating the time and frequency of operation, parking and traffic circulation requirements, screening, and site restoration. C. Standards for Farmers Markets. A farmers market in the City of Yelm provides a place where local growers and artisans can offer their fresh and locally grown produce and crafts for sale. A farmers market is not for the purpose of reselling farm products nor for selling used or household goods. In addition to the standards listed above, the farmers market shall meet the following standards: 1. Markets shall be operated only by a nonprofit corporation organized under the laws of the state of Washington, comprised of growers and farmers from Yelm and the immediate surrounding area. 2. Liability insurance in the amount of $1,000,000 will be required at all times the market is open. The City of Yelm shall be named as an additional insured. 3. At all times the market is in operation, a market manager or administrator shall be in place to oversee the functioning and organization of the market. The contact information for the manager or administrator shall be provided to the City. 4. Markets are limited to locations: a. On lots not used for residential purposes in commercial zones which are improved to current City standards; b. On City owned property that meets the criteria in subsection (C)(4)(a) of this section; provided, that it shall not be in a City park; Agenda Item 8. a. Unified Development Code Page 211 of 340 c. On collector or local access streets in a commercial zone, as approved by City Council. 5. Markets may only operate from April through October. 6. 70 percent of goods offered within the market must be from the following categories: a. Fresh farm products, including locally grown fresh vegetables and fruits, herbs, nuts, honey, dairy products, eggs, poultry, meats and fish. Also included in this category are fresh flowers, nursery stock, and plants. b. Value added farm products, including preserves, jams and jellies, cider, syrups, salsas, smoked meats, and salad dressings made from locally grown farm products. c. Flowers and other value added farm products, including bouquets, wreaths, vines and gourds, and personal care products made from predominately locally produced products. 7. Up to 30 percent of goods offered within the market can be from the following categories: a. Processed farm foods such as juices, preserved foods, candies, pastries, cookies, muffins, breads, pies and related take home desserts, not prepared on site. b. Prepared foods made fresh on site available for sale and immediate consumption. Vendor must be owner /operator of business and not operating under a franchise. c. Artisans. Persons who craft with their own hands the products they offer for sale. Commercial kits, molds, patterns, prefabricated forms, and ready -made objects which have been painted or embellished are not eligible. All jewelry artisans must sell jewelry that is made by their hands. 8. One nonprofit or community booth. 9. One local business booth each day of operation. 10. Sanitation shall be provided by either agreement of use of restroom facilities convenient to the site, or by portable sanitation facilities. Portable sanitation facilities must be located or screened in a manner to not be visible from the traveling public. 11. An approved operation agreement between the farmer's market association and the City of Yelm is required. Agenda Item 8. a. Unified Development Code Page 212 of 340 UNIFIED DEVELOPMENT CODE DESIGN STANDARDS Table of Contents CHAPTER 18.50 — DESIGN STANDARDS .......................................................................................... ..............................1 18.50.010 INTENT ................................................................................................................... ..............................1 CHAPTER 18.51— ENVIRONMENTAL PERFORMANCE STANDARDS ............................................... ..............................2 18.51.010 INTENT ................................................................................................................... ..............................2 18.51.020 NOISE .................................................................................................................... ..............................2 18.51.030 EMISSIONS .............................................................................................................. ..............................2 18.51.040 AQUIFER, GROUND AND SOIL CONTAMINATION .............................................................. ..............................3 18.51.050 STORAGE ................................................................................................................ ..............................3 CHAPTER 18.52— TRANSPORTATION AND ACCESS ........................................................................ ..............................5 18.52.010 INTENT ................................................................................................................... ..............................5 18.52.020 CUL -DE- SAC ............................................................................................................ ..............................5 18.52.030 DEAD ENDS ............................................................................................................. ..............................5 18.52.040 HALF STREET ........................................................................................................... ..............................5 18.52.050 BLOCK LENGTH ........................................................................................................ ..............................5 18.52.060 ALLEYS ................................................................................................................... ..............................5 18.52.070 PRIVATE STREETS ...................................................................................................... ..............................5 18.52.080 ARTERIALAND COLLECTOR ACCESS ............................................................................... ..............................6 18.52.090 RELATION TO STREET SYSTEM AND ADJOINING PROPERTY DURING SUBDIVISION ..................... ..............................7 18.52.100 DRIVEWAYS ............................................................................................................ ..............................7 CHAPTER 18.54 - OFF STREET PARKING .......................................................................................... ..............................9 18.54.010 INTENT ................................................................................................................... ..............................9 18.54.020 GENERAL REQUIREMENTS .......................................................................................... ..............................9 18.54.030 MINIMUM REQUIREMENTS ....................................................................................... .............................10 18.54.040 MIXED OCCUPANCIES ............................................................................................... .............................12 18.54.050 OFF - STREET LOADING ............................................................................................... .............................13 18.54.060 INCENTIVES FOR REDUCING THE NUMBER OF PARKING STALLS ........................................... .............................13 18.54.070 DEVELOPMENT STANDARDS ....................................................................................... .............................15 CHAPTER 18.55 — LANDSCAPING REQUIREMENTS ........................................................................ .............................17 18.55.010 INTENT .................................................................................................................. .............................17 18.55.020 TYPES OF LANDSCAPING ............................................................................................ .............................17 18.55.030 LANDSCAPE FEATURES, DESIGN, AND ALTERNATIVE LANDSCAPING OPTION .......................... .............................20 18.55.040 SPECIES CHOICE AND PLANT MATERIAL STANDARDS ........................................................ .............................21 18.55.050 IRRIGATION SYSTEM ................................................................................................. .............................21 18.55.060 MAINTENANCE OF PLANT MATERIALS .......................................................................... .............................22 18.55.070 PERFORMANCE ASSURANCE ....................................................................................... .............................22 CHAPTER 18.56 - RECREATION /OPEN SPACE REQUIREMENTS ..................................................... .............................24 18.56.010 INTENT .................................................................................................................. .............................24 18.56.020 RECREATION/OPEN SPACE QUALIFICATIONS .................................................................. .............................24 CHAPTER 18.57 - PROTECTION OF TREES AND VEGETATION ....................................................... .............................27 18.57.010 INTENT .................................................................................................................. .............................27 18.57.020 PLANTING, REMOVAL, TOPPING AND/OR PRUNING OF PUBLIC TREES .................................. .............................27 18.57.030 TREE SPECIES TO BE PLANTED ..................................................................................... .............................28 18.57.040 PUBLIC TREE CARE ................................................................................................... .............................28 18.57.050 TREE PROTECTION AND PRESERVATION ........................................................................ .............................28 18.57.060 TREE TOPPING ........................................................................................................ .............................29 18.57.070 PRUNING — CORNER CLEARANCE ................................................................................ .............................30 Agenda Item 8. a. Unified Development Code Page 213 of 340 18.57.080 DEAD OR DISEASED TREE REMOVAL ON PRIVATE PROPERTY .............................................. .............................30 18.57.090 PRESERVATION OF TREES ON PRIVATE PROPERTY, AND WITH NEW DEVELOPMENT ................. .............................30 18.57.100 STANDARDS ........................................................................................................... .............................30 18.57.110 EXEMPTIONS .......................................................................................................... .............................31 CHAPTER 18.58 — MODEL HOMES ................................................................................................. .............................33 18.58.010 MODEL HOMES ...................................................................................................... .............................33 CHAPTER 18.59 - SITE PLANNING .................................................................................................. .............................34 18.59.010 INTENT .................................................................................................................. .............................34 18.57.020 RELATE DEVELOPMENTTO STREET FRONTS OTHER THAN PEDESTRIAN ORIENTED STREETS ....... .............................34 18.59.030 MULTIPLE BUILDING AND LARGE LOT DEVELOPMENT ...................................................... .............................34 18.59.040 SITING SERVICE AREAS .............................................................................................. .............................34 18.59.050 ILLUMINATION ...................................................................................................... ............................... 36 18.59.060 STREET CORNERS ..................................................................................................... .............................36 18.59.070 TRANSIT ................................................................................................................ .............................37 18.59.080 MAILBOXES ............................................................................................................ .............................37 CHAPTER 18.60 - PEDESTRIAN CIRCULATION ................................................................................ .............................38 18.60.010 INTENT .................................................................................................................. .............................38 18.60.020 GENERAL GUIDELINES ............................................................................................... .............................38 18.60.030 ON -SITE PEDESTRIAN CIRCULATION ............................................................................. .............................38 18.60.040 PEDESTRIAN PATHS TO ADJACENT USES AND TRANSIT FACILITIES ........................................ .............................38 18.60.050 PEDESTRIAN AREAS AT BUILDING ENTRIES ..................................................................... .............................39 18.60.060 PEDESTRIAN ACTIVITY AREAS AND PLAZAS ..................................................................... .............................39 CHAPTER 18.61- BUILDING DESIGN .............................................................................................. .............................40 18.61.010 INTENT .................................................................................................................. .............................40 18.61.020 HUMAN SCALE ........................................................................................................ .............................40 18.61.030 ARCHITECTURAL SCALE ............................................................................................. .............................40 18.61.040 BUILDING DETAILS ................................................................................................... .............................41 18.61.050 MATERIALS AND COLOR ............................................................................................ .............................41 18.61.060 MECHANICAL EQUIPMENT AND SERVICE AREAS .............................................................. .............................42 CHAPTER 18.62— SIGNS ................................................................................................................. .............................43 18.62.010 INTENT .................................................................................................................. .............................43 18.62.020 EXEMPTIONS .......................................................................................................... .............................43 18.62.030 PROHIBITED SIGNS ................................................................................................... .............................44 18.62.040 TEMPORARY SIGNS .................................................................................................. .............................45 18.62.050 ILLUMINATION ........................................................................................................ .............................48 18.62.060 MAINTENANCE ....................................................................................................... .............................48 18.62.070 LANDSCAPING FOR FREESTANDING AND MONUMENT SIGNS ............................................. .............................48 18.62.080 DISTRICT REGULATIONS ............................................................................................ .............................48 18.62.090 SIGNAGE ON AWNINGS AND MARQUEES ...................................................................... .............................49 18.62.100 OFF -SITE BANNERS .................................................................................................. .............................49 18.62.110 COMMUNITY SIGN ................................................................................................... .............................50 18.62.120 FARMERS MARKET ................................................................................................... .............................50 18.62.130 LEGAL NONCONFORMING SIGNS ................................................................................. .............................51 18.62.140 INSPECTION AUTHORITY ............................................................................................ .............................52 18.62.150 REMOVAL OF UNLAWFUL SIGNS .................................................................................. .............................52 18.62.160 SIGNAREA — SQUARE FOOTAGE MAXIMUMS ................................................................. .............................53 18.62.170 GRAND OPENING/SPECIAL EVENT SIGN AREA ................................................................. .............................56 CHAPTER 18.63 - HISTORIC PRESERVATION .................................................................................. .............................57 18.63.010 INTENT .................................................................................................................. .............................57 18.63.020 YELM REGISTER OF HISTORIC PLACES ............................................................................ .............................57 18.63.030 STANDARDS FOR LISTING ON THE REGISTER ................................................................... .............................57 CHAPTER 18.64- ZONING OVERLAYS ............................................................................................ .............................58 18.64.010 INTENT .................................................................................................................. .............................58 Agenda Item 8. a. Unified Development Code Page 214 of 340 18.64.020 PLANNED RESIDENTIAL DEVELOPMENT ......................................................................... .............................58 18.64.040 MIXED USE DEVELOPMENT ........................................................................................ .............................58 18.64.050 TOWNHOUSE DEVELOPMENT ..................................................................................... .............................59 18.64.060 MANUFACTURED HOMES .......................................................................................... .............................60 CHAPTER 18.65 — HOME OCCUPATIONS ....................................................................................... .............................63 18.65.010 INTENT .................................................................................................................. .............................63 18.65.020 GENERAL REQUIREMENTS ......................................................................................... .............................63 18.65.030 DEVELOPMENT AND PERFORMANCE STANDARDS ........................................................... .............................63 CHAPTER 18.66 — ADULT ENTERTAINMENT BUSINESSES ............................................................. .............................65 18.66.010 INTENT .................................................................................................................. .............................65 18.66.020 GENERAL STANDARDS FOR ADULT ENTERTAINMENT BUSINESSES ....................................... .............................65 18.66.030 EXEMPTIONS .......................................................................................................... .............................66 18.66.040 ADULT ENTERTAINMENT BUSINESSES EFFECT ON OTHER LAWS .......................................... .............................66 CHAPTER 18.67— DAY -CARE FACILITIES ........................................................................................ .............................67 18.67.010 FAMILY HOME CHILD CARE PROVIDERS ......................................................................... .............................67 18.67.020 CHILD DAY -CARE CENTERS ......................................................................................... .............................67 CHAPTER 18.68 — MARIJUANA RETAILERS .................................................................................... .............................68 18.68.010 INTENT .................................................................................................................. .............................68 18.68.020 DESIGN STANDARDS ................................................................................................. .............................68 CHAPTER 18.69 — SECURE COMMUNITY TRANSITION FACILITIES ................................................ .............................69 18.69.010 INTENT .................................................................................................................. .............................69 18.69.020 GENERAL REQUIREMENTS ......................................................................................... .............................69 CHAPTER 18.70 — WIRELESS COMMUNICATION FACILITIES ......................................................... .............................70 18.70.010 INTENT .................................................................................................................. .............................70 18.70.020 EXEMPTIONS .......................................................................................................... .............................70 18.70.030 LOCATION .............................................................................................................. .............................71 18.70.040 THIRD PARTY TECHNICAL REVIEW ................................................................................ .............................71 18.70.050 CO- LOCATION ......................................................................................................... .............................72 18.70.060 DESIGN STANDARDS FOR FREESTANDING WCFS ............................................................ .............................72 18.70.070 DESIGN STANDARDS FOR ATTACHED WCF'S ................................................................. .............................75 18.70.080 DESIGN STANDARDS FOR WCF GROUND - MOUNTED EQUIPMENT STRUCTURES .................... .............................76 18.70.090 MAINTENANCE OF FACILITIES ..................................................................................... .............................76 18.70.100 ABANDONMENT ...................................................................................................... .............................76 18.70.110 RADIO FREQUENCY STANDARDS .................................................................................. .............................76 Agenda Item 8. a. Unified Development Code Page 215 of 340 Agenda Item 8. a. Unified Development Code Page 216 of 340 CHAPTER 18.50 — DESIGN STANDARDS 18.50.010 Intent It is the intent of this chapter to incorporate the design standards of the City of Yelm development regulations, design guidelines, Comprehensive Plan and Vision Plan, and to apply specific conditions where they are most appropriate. Agenda Item 8. a. Unified Development Code Page 217 of 340 CHAPTER 18.51 — ENVIRONMENTAL PERFORMANCE STANDARDS. 18.51.010 Intent It is the intent of this chapter to protect public health and general welfare, establish minimum standards for the control of environmental pollution and to minimize the adverse effects of contaminants which may result from the use of land by any activity or person. 18.51.020 Noise A. The maximum allowable noise levels as measured at the property line of noise - impacted uses or activities shall be those set forth in Chapter 173- 60 WAC, titled "Maximum Environmental Noise Levels," which chapter is incorporated by reference. B. The Environmental Designation for Noise Abatement (EDNA) for the several land use classifications of this title shall be as follows: All living areas (single - family, multifamily, etc.) A All commercial areas B All public /institutional areas A All industrial, warehouse areas C C. Noise levels of any sound source, when measured in the manner and locations prescribed in Chapter 173 -60 WAC shall not exceed the values shown in Chapter 173 -60 WAC. 18.51.030 Emissions A. Air. The ambient air quality standards specified in the regulations of the Olympic Region Clean Air Agency (ORCAA) shall apply to all air contaminants listed therein. Toxic substances not listed in the ORCAA regulations, but released into the air, shall be limited in accordance with the most current publication entitled "Threshold Limit Values" of the American Conference of Governmental Hygienists. B. Waste disposal. Liquid or solid wastes unacceptable to public sewer authorities shall be disposed of on a regular basis in keeping with the best operating characteristics of the industry, and in compliance with the regulations and requirements of local, regional, state or federal agencies having jurisdiction in waste disposal and environmental health and safety. Agenda Item 8. a. Unified Development Code Page 218 of 340 C. Heat and glare. Any operation producing intense heat or glare shall be performed within an enclosure so as to completely obscure such operation from view from any point along the property line. D. Radioactive materials and radiation devices. The use, storage, transportation and disposal of all radioactive materials and radiation machines shall be subject to the regulatory jurisdiction and control of the Radiation Control Agency of the Washington State Department of Health as amended. E. Vibration and concussion. No use shall cause earth vibrations or concussions detectable without the aid of instruments beyond its lot lines, with the exception of the temporary vibration produced as a result of construction activity. Such temporary construction activity shall be restricted to the hours of 7:00 am to 6:00 pm, unless work is considered an emergency. 18.51.040 Aquifer, ground and soil contamination Materials used or produced in any manufacturing process shall be handled in such a manner as to prevent ground or soil pollution which destroys or endangers the support of natural vegetation or which may contaminate underground aquifers or other natural drainage systems. 18.51.050 Storage In the conduct of any business, the storage of merchandise, raw materials, equipment, fixtures, scraps or solid wastes shall comply with the following requirements: A. Every reasonable effort shall be made by persons operating a business to store all such materials within an enclosed building, with the following exceptions: 1. Where such inside storage is not practical or desirable for reasons related to health, fire or safety codes; 2. Where the outside storage of merchandise, manufactured products or raw materials is normal and standard practice, such as in the sale of automotive equipment, mobile homes, lumber and building supplies, gardening materials, nursery stock and the like, or on the site of construction projects; 3. When materials or products are temporarily stored outside incidental to shipping, delivery, loading or unloading thereof. B. Outside storage shall be maintained in an orderly manner consistent with good housekeeping practices and shall be: 1. Effectively fenced and screened from all residential areas and public rights -of -way (an eight -foot solid fence is presumed to effectively Agenda Item 8. a. Unified Development Code Page 219 of 340 screen outside storage, not all outside storage requires an eight -foot solid fence); 2. Consistent with fire, safety, health and sanitary codes and industry practices. C. Storage in residential areas shall comply with the same requirements as those specified for business establishments and shall, in addition to the requirements of Section 18.51.050 (A) and (B) YMC, comply with the following: 1. Motor vehicles, appliances and any other mechanical equipment which is no longer operable shall not be stored outside for a period exceeding 30 days; 2. Operable motor vehicles, boats, trailers, and recreational vehicles may be stored on the premises; provided that they do not obstruct the use of public right -of -way or interfere with traffic visibility, especially the visibility of and at intersections of streets. Vehicles so stored shall not be used as living quarters. D. Storage in or on the public right -of -way is prohibited. Agenda Item 8. a. Unified Development Code Page 220 of 340 CHAPTER 18.52 — TRANSPORTATION AND ACCESS 18.52.010 Intent It is the intent of this chapter to provide for the uniform development of an integrated, fully accessible transportation system that will facilitate present and future travel demand. 18.52.020 Cul -de -sac Streets designed to have one end permanently closed shall be no longer than 600 feet nor shall such street serve greater than 25 housing units. At the closed end, there shall be a widened "bulb" having a minimum paved traveled radius as shown in the Yelm Engineering Specifications and Standard Details "Minimum Street Design Standards Table ". A street designed to provide future connection to adjoining property shall not constitute a dead -end street. 18.52.030 Dead ends Where a street is temporarily dead - ended, turn around provisions must be provided where the road serves more than one lot. The turnaround may be a hammerhead with a minimum distance on both sides at the centerline intersection of 60 feet to facilitate emergency vehicle turn - around. 18.52.040 Half street The construction of a half street is not permitted. 18.52.050 Block length No street shall extend for a distance greater than 660 feet without including a provision for at least one intersection, or other traffic calming measures approved by the Site Plan Review Committee. 18.52.060 Alleys Where practical, commercial subdivisions shall include alleys for freight access. Residential subdivision blocks including alleys shall be permitted commensurate with reduction in right -of -way widths of parallel residential streets. 18.52.070 Private streets Private streets within City limits shall not be allowed except when approved by the Site Plan Review Committee and when all conditions of this section are met. A. Private streets will not be allowed when: 1. The street is connected to two public streets. 2. The intersection of the street with another is signalized. (150 lineal feet of the private street starting from the right -of -way will then be Agenda Item 8. a. Unified Development Code Page 221 of 340 required to be a public roadway). 3. The street could be used as a thoroughfare or "short cut ". 4. It would not be in the best interest of the public due to a threat to the public's safety, health, and welfare. B. Private streets may be allowed under the following conditions: 1. Permanently established by tract or easement providing legal access to serve unlimited dwelling units situated on one parcel and sufficient to accommodate required improvements, to include provisions for future use by adjacent property owners when applicable, and 2. For nine or fewer units, shall require a minimum 30 foot paved surface, and have a sidewalk four feet in width. Private street serving multi - family or mobile homes all on one parcel shall provide a four foot sidewalk on one side with such a design as to prevent parking on the sidewalk, and 3. Accessible at all times for emergency and public service vehicle use, and 4. Will not result in land locking of present or future parcels, nor obstruct public street circulation, and 5. Covenants have been approved, recorded, and verified with the City which provide for maintenance of the private streets and associated parking areas by the owner or homeowners association or other legal entity. C. Acceptance of private streets as public streets will be considered only if the street(s) meet all applicable public street standards, including right - of -way widths, walks, drainage, lighting, and pavement composition. D. Each lot owner having right of access to a private street shall have a contractual responsibility for maintenance of such private street. Any private street shall also contain a public drainage and utilities easement. Any land division including private streets shall clearly identify such streets and include the following statement in prominent typeface, "Warning: the City of Yelm has no responsibility to build, improve, maintain or otherwise service the private streets within or providing access to the property described in this subdivision." 18.52.080 Arterial and collector access Every subdivision or combination of subdivisions of 25 or more housing units, and any commercial or industrial development calculated to generate more than 250 vehicle trips per day, shall provide more than one vehicular access from an arterial or collector street. Agenda Item 8. a. Unified Development Code Page 222 of 340 Lots within a residential subdivision shall be designed so that lots adjacent to arterial and collector streets are not allowed direct access. The Public Works Director may approve direct access as an exception to the above requirement upon written finding that: A. Sight distances comply with the Yelm Engineering Specifications and Standard Details for the posted speed plus 10 miles per hour; B. The safety of the traveling public is not likely to be jeopardized; C. The applicant is able to show to the satisfaction of the director that a significant hardship would exist if access is not approved; D. No other practical and feasible access is available. 18.52.090 Relation to street system and adjoining property during subdivision The layout of streets shall provide for continuation of streets existing in adjoining subdivisions. When adjoining property is not subdivided, streets in the proposed subdivision shall provide access to such unplatted property in accordance with the Yelm transportation plan. Each lot within a proposed subdivision shall be served by a street built to applicable City street standards as set forth in the Yelm Engineering Specifications and Standard Details and the Yelm Transportation Plan, regardless of whether such street is to be public or private. All bridges, streets, roads, alleys and other facilities for vehicle and pedestrian circulation shall be constructed in accordance with the minimum standards set forth in such documents. In addition, such development shall not result in traffic loading within the urban growth area which exceeds those levels of service established by the city as calculated by utilizing the Highway Capacity Manual. 18.52.100 Driveways The location, width and manner of approach of vehicular ingress or egress from a building or parking area to a public street shall be located based on the interest of public safety and general welfare. Each lot shall contain sufficient square footage to meet minimum zoning and health requirements. Such area shall not include any panhandle access. Any panhandle access shall have a minimum width of 20 feet. These lot size standards shall not apply to any lot which is limited to special purposes such as common open space, utility facilities, or protection of environmental resources, so long as such limited use is established by a statement on the face of the subdivision map. Driveway widths and spacing shall be designed following the Institute of Transportation Engineers (ITE) "Guideline for Driveway Design & Location ", Agenda Item 8. a. Unified Development Code Page 223 of 340 latest edition. Driveways giving direct access onto arterials may be denied if alternate access is available. A. Parking lot entrances, driveways and other vehicle access routes onto private property from a public right -of -way shall be restricted based upon width of frontage: One for 0 -50 foot frontage, two for 50 -150 foot frontage, three for 150 -500 foot frontage, and four for over 500 foot frontage. B. Residential driveway widths shall not exceed 24 feet. C. Commercial driveway widths may vary from 24 for low volume activity (providing that 20 foot radii are used), to a maximum of 36 feet for undivided design, higher volume activity. A 36 foot driveway shall be marked with two exit lanes of 10 -11 foot width, with the balance used for a single, wide entry lane. Industrial driveway widths shall not exceed 50 feet. D. No commercial driveway shall be approved where backing onto the sidewalk or street is required, except in specified locations within the central business district. E. Joint -use driveways serving two adjacent parcels may be built on their common boundary upon formal written agreement by both property owners and approval of the Site Plan Review Committee. The agreement shall be a recorded easement for both parcels of land specifying joint usage. Agenda Item 8. a. Unified Development Code Page 224 of 340 CHAPTER 18.54 - OFF STREET PARKING 18.54.010 Intent It is the intent of this chapter to: A. Assure that space is provided for the parking, loading and unloading of motor vehicles on the site of premises or uses which attract said motor vehicles; B. Provide minimum standards of space and parking arrangements, and for the movement of motor vehicles into and out of such spaces; C. Avoid or reduce traffic congestion on public streets by: 1. Keeping the need for on- street parking to a minimum, and 2. Controlling access to sites; D. Enhance safety for pedestrians and motor vehicle operators; and E. Encourage the creation of an aesthetically pleasing and functionally adequate system of off - street parking and loading facilities. 18.54.020 General requirements A. Off - street parking spaces and driveways shall not be used at any time for purposes other than their intended use, i.e., the temporary storage of motor vehicles used by persons visiting or having business to conduct on the premises for which the parking is provided. B. Minimum parking space required and intended for use by occupants or users of specific premises shall not be leased or rented to others, nor shall such space be made unavailable through other means to the users for whom the parking spaces are intended. This, however, does not preclude shared parking arrangements. C. Whenever a building or a piece of land is put to a use different from the immediately preceding use, or when a building is remodeled, reconstructed or expanded, adequate off- street parking shall be provided consistent with the new use, reconstruction or expansion of the premises. D. Consideration from the Site Plan Review Committee should be given as to the requirements and standards for off - street parking as they pertain to the central business district. E. Off - street parking facilities shall be located as hereinafter specified; where a distance is specified, such distance shall be the walking distance measured from the nearest point of the parking facilities to the nearest point of the building that such facility is required to serve. Agenda Item 8. a. Unified Development Code Page 225 of 340 F. For a single - family dwelling or multifamily dwellings, the parking facilities shall be located on the same lot or building site as the building they are required to serve. G. For churches located in any zones, parking facilities shall be located on the site; consideration may be given to parking facilities located not farther than 150 feet from the building. H. For hospitals, sanitariums, homes for the aged, asylums, orphanages, rooming houses, lodging houses, nursing and convalescent homes, community clubs and club rooms, parking facilities shall be located not farther than 150 feet from the facility. I. For uses other than those specified, parking facilities shall be located not farther than 300 feet from the facility. J. Handicapped parking shall meet the guidelines of the International Building Code as adopted in Chapter 18.23 YMC. K. Exceptions or modifications to the provisions of this chapter shall be processed as a variance application. 18.54.030 Minimum requirements The requirements for off - street parking and loading facilities and their design shall be regarded as the minimum; however, the owner, developer or operator of the premises for which the parking facilities are intended shall be responsible for providing adequate amounts and arrangement of space for the particular premises even though such space or its arrangement is in excess of the minimum set forth in this chapter. For special uses, the parking requirement shall be as provided in that chapter or as determined by the Site Plan Review Committee. A. Residential uses. Single family, duplexes and multi - family dwellings require two parking spaces per dwelling unit. Housing intended for exclusive use of, and occupied by senior citizens shall provide one space for every three dwelling units plus two - tenths space per dwelling unit in buildings containing five or more dwelling units. Housing in which the dwelling units are characterized by one room enclosing all activities (sometimes referred to as "bachelor" or "efficiency" units) shall provide one and one -half parking spaces for each dwelling unit, plus two - tenths space per dwelling unit in buildings containing five or more dwelling units. B. Commercial uses. In the several commercial districts, off - street parking requirements shall be as shown herein; provided, that all of the property is controlled by a single person or corporation, or written agreements for shared parking, acceptable to the City, are filed with the community Agenda Item 8. a. Unified Development Code Page 226 of 340 development department. Shared parking agreements are acceptable only if the physical relationship between the premises makes such sharing possible and results in superior design in terms of layout, access, reduced curb cuts and the like. In the following list, the parking requirements for specific uses listed shall be determined through a formula of one stall per number of gross floor area (GFA), or as specified. (Type of Use (Minimum Parking Requirements Banks, saving and loan One per 300 sq. ft. of GFA. associations, business and professional offices Retail establishments, including One per 250 sq. ft. of GFA. grocery stores Establishments for the sale and One per 200 sq. ft. of GFA. consumption of food and beverages, including fraternal and social clubs Boarding, lodging or rooming houses One and one -half for each sleeping room. Institutions, sanitariums and long- One for each two beds, plus one per employee term facilities based on the greatest number of care employees on a single shift. Churches, mortuaries or funeral One for six seats in the principal place of assembly homes or worship, including balconies and choir loft. Hospitals One for each bed, plus one per employee based on the greatest number of employees on a single shift. Libraries and museums One for each eight occupants, based on maximum occupants per the International Building Code. Medical or dental clinics One and one -half per patient treatment room /area, plus one space per employee based on the greatest number of employees on a single shift. Motels, hotels One for each unit, plus one per employee based on the greatest number of employees on a single shift. Motor vehicle or machinery sales One for each 400 sq. ft. of GFA. wholesale stores, furniture stores Agenda Item 8. a. Unified Development Code Page 227 of 340 (Schools: High schools One for each four students that enrolled and are of legal driving age, plus one per classroom and office. Public assembly areas, such as auditoriums, stadiums etc., which are primary uses, shall be considered a separate use in determining parking. (Elementary and junior high schools One for each ten students of design capacity. Places of assembly without fixed One for each ten occupants, based on the maximum seats, e.g., stadiums, auditoriums, occupant load per the International Building Code. and churches Assembly areas, less- concentrated One for each ten occupants, based on the maximum use, e.g., conference rooms and occupant load per the International Building Code. gymnasiums (Theaters One for each six seats. C. General industrial uses. 1. One space per employee based on the greatest number of employees on a single shift, plus 2. One square foot parking per square foot of display or retail area, plus 3. One space for each vehicle owned, leased or operated by the company. D. Specific industrial uses. Warehouses require one space per 1,000 sq. ft. GFA, plus one space per 400 sq. ft. of GFA used for office or display. Off - street parking requirements for uses similar or related to, or any use not specifically listed above, shall be determined by the Site Plan Review Committee on the basis of the requirement for similar uses, and on the basis of evidence of actual demand created for similar or related uses in Yelm, and such other traffic engineering or planning data as may be available and appropriate for the establishment of minimum and maximum parking requirements. 18.54.040 Mixed occupancies In the case of two or more uses in the same building, the total requirements for off - street parking facilities shall be the sum of the requirements for the several uses computed separately. Off - street parking facilities for one use shall not be considered as providing required parking facilities for any other use, except as hereafter specified in incentives for reducing the number of parking stalls, Section 18.54.060 YMC. Agenda Item 8. a. Unified Development Code Page 228 of 340 18.54.050 Off - street loading Off - street loading shall be required for all commercial establishments which are engaged in the retailing or wholesaling of merchandise requiring regular delivery such as food retailers, lumber yards, hardware stores, department stores and the like. Total Gross Floor Area of Building(s) Space Required Less than 5,000 sq. ft. One 5,000 sq. ft. to 25,000 sq. ft. Two 25,000 sq. ft. to 50,000 sq. ft. Three Each additional 50,000 sq. ft. or fraction thereof in excess of 25,000 sq. ft. One additional All off - street loading and unloading spaces shall be of adequate size and with adequate access thereto to accommodate a vehicle 45 feet in length, 12 feet in width and 14 feet in height. Each loading space shall be surfaced with an asphalt, concrete or similar pavement so as to provide a surface that is durable and dust -free and shall be so graded and drained as to properly dispose of all surface water, and shall, moreover, comply with Yelm Engineering Specifications and Standard Details. Any floor area provided by additions to or structural alterations to a building shall be provided with loading space or spaces as set forth herein whether or not loading spaces have been provided for the original floor space. 18.54.060 Incentives for reducing the number of parking stalls The City may allow the overall parking ratio (stalls /floor area, people or employees) to be reduced for buildings of 5,000 square feet or more, provided such reductions are consistent with the intent of this chapter. Reduction in parking areas may include any combination of incentives; provided, that the overall reduction does not exceed 25 percent of the minimum area required by Section 18.54.030 YMC. Reductions in parking requirements may occur pursuant to, but are not limited to, the following guidelines: A. A reduction of the required parking is possible with coordinated design and shared access to consolidated parking areas linked by pedestrian walkways. B. Multiple parcels, under separate ownership, shall be treated as a single development site if all owners agree. Where adjoining parking facilities of two or more ownerships are developed and designed as one parking Agenda Item 8. a. Unified Development Code Page 229 of 340 facility, a reduction of up to 15 percent of the total combined required parking spaces may be permitted. C. In a mixed use development a reduction of the required parking is possible if, through a quantified parking demand analysis, it can be demonstrated that parking requirements for the highest and best uses occur at off - setting peak times. D. Primary night -time uses such as theaters and bowling alleys may receive up to a 50 percent reduction in providing the required number of parking stalls if: 1. A lease for the equivalent parking stall reduction is obtained from a primary day -time user such as a bank, office or retail store; 2. Leased parking is within 300 feet of the associated use, as long as a pedestrian walkway exists or is provided between parking area and use. E. Two or more uses may share a parking area or garage if: 1. The continuation of joint or shared facilities shall be assured by a sufficient legal document such as a covenant or reciprocal easement agreement or recorded covenant on the approved site plan or by participation in a local improvement district. 2. Off -site leasing of parking areas may be utilized to meet the required ratio of parking for the proposed use; provided, that the leased parking is within 300 feet of the proposed use, as long as a pedestrian walkway exists or is provided between parking area and use. F. Alternative programs that may be considered by the Site Plan Review Committee under this section include, but are not limited to the following: 1. Private vanpool operation; 2. Transit /vanpool fare subsidy; 3. Imposition and maintenance of a charge for parking; 4. Provision of subscription bus services; 5. Flexible work hour schedule; 6. Capital improvements for transit services; 7. Preferential parking for carpools /vanpools; 8. Participation in the ride - matching program; 9. Reduction of parking fees for carpools and vanpools; 10. Establishment of a transportation coordinator position to implement Agenda Item 8. a. Unified Development Code Page 230 of 340 carpool, vanpool and transit programs; 11. Bicycle parking facilities. 18.54.070 Development standards Parking area design shall include: A. Internal circulation of the lot shall be so designed as to minimize in -and- out driving time, idling time, time spent looking for a parking space without reentering adjoining public streets. B. Off - street parking areas shall be designed to provide for the safe and convenient circulation of pedestrians and vehicle traffic within the parking area and between the parking area and adjacent streets. C. Provide access roads through large lots with more than one street frontage. D. Provide shared parking facilities between adjacent compatible land uses. E. Convenient, marked pedestrian access shall be provided from parking areas to pedestrian linkage systems and from parking areas to principal uses. F. Except as approved by the Site Plan Review Committee in specified locations within the central business district, in all commercial and industrial developments, and in all residential buildings containing five or more dwelling units, parking areas shall be so arranged as to make it unnecessary for a vehicle to back out into any street or public right -of- way. G. Adequate provision shall be made for individual ingress and egress by vehicles to all parking stalls at all times by means of unobstructed maneuvering aisles. Maneuvering aisles, parking stall dimensions and requirements shall be as shown in the Yelm Engineering Specifications and Standard Details. H. In all parking facilities containing 25 or more parking spaces, a maximum of 25 percent of the required parking spaces may be reduced in size for the use of small cars, provided these spaces shall be clearly identified with a sign permanently affixed immediately in front of each space containing the notation "Compacts Only." Spaces designed for small cars may be reduced in size as listed in the Yelm Engineering Specifications and Standard Details for minimum parking dimensions. Where feasible, all small car spaces shall be located in one or more contiguous areas and /or adjacent to ingress /egress points within parking facilities. Location of compact car parking spaces shall not create traffic congestion or impede traffic flows. Agenda Item 8. a. Unified Development Code Page 231 of 340 I. When off - street parking is provided in the rear of a building and a driveway or lane alongside the building provides access to the rear parking area, such driveway or lane shall be a minimum width of 20 feet with a sidewalk meeting ADA requirements adjoining the building and curbed or raised six inches above the driveway surface. J. An owner /developer may install the required parking spaces in phases if a phased schedule has been approved by the Site Plan Review Committee. This schedule must specifically indicate when the minimum parking requirements of Section 18.54.030 YMC will be provided. The Site Plan Review Committee may permit the use of temporary parking areas with appropriate screening as part of a phasing schedule. In addition, the Site Plan Review Committee may require a performance assurance device to insure conformance with the requirements and intent of Chapter 18.53 YMC. K. Parking angles may be varied on different aisles within a single parking area to permit more efficient space utilization. L. Dead -end aisles shall be considered as two -way aisles. M. Turn around areas will be required when necessary. N. All parking areas and driveways must be surrounded by a six inch high vertical concrete curb if the lot is visible from the street. O. All landscaped and pedestrian areas shall be protected from encroachment by parked cars. Agenda Item 8. a. Unified Development Code Page 232 of 340 CHAPTER 18.55 — LANDSCAPING REQUIREMENTS 18.55.010 Intent It is the intent of this chapter is to establish minimum requirements and standards for landscaping and screening for all residential and nonresidential projects, with the exception of individual single - family residences, to promote safety, to provide screening between incompatible land uses, to safeguard privacy, and to protect the aesthetic assets of the City. 18.55.020 Types of landscaping A. Dense sight barrier. 1. Purpose. Dense sight barrier landscaping is intended to provide a physical buffer to significantly separate conflicting uses and land use districts. 2. When required. Whenever a nonresidential activity is proposed adjacent to a residential zone or when required by the Site Plan Review Committee for special uses, capital facilities, or to buffer conflicting uses. 3. Description. a. All plant materials and living groundcover must be selected and maintained so that the entire landscape area will be covered within three years. b. Any combination of trees, shrubs, fences, walls, earthen berms and related plant materials or design features may be selected; provided, that the resultant effect is sight- obscuring from adjoining properties. c. A minimum of 15 feet of width shall be required when dense site barrier landscaping design is utilized. B. Perimeter landscape. 1. Purpose. Perimeter landscaping is intended to provide separation of uses from streets, and visual separation of compatible uses so as to soften the appearance of streets, parking areas and building elevation. 2. When required. Perimeter landscape is required for all residential and non residential developments, with the exception of a single family residence. 3. Description. a. All plant materials and living groundcover must be selected and maintained so that the entire landscape area will be covered within three years. Agenda Item 8. a. Unified Development Code Page 233 of 340 b. Any combination of evergreen and deciduous trees (with no more than 50 percent being deciduous), shrubs, earthen berms and related plant materials or design features may be selected; provided, that the resultant effect is to provide partial screening and buffering between uses and of softening the appearance of streets, parking and structures. c. When perimeter landscaping is used to provide partial screening between uses, a minimum planting area of eight feet in width shall be provided. C. Streetscapes. 1. Purpose. Streetscape landscaping is intended to provide visual relief where clear sight is desired. This landscaping is utilized along pedestrian corridors and walks for separation of pedestrians from streets and parking areas while providing an attractive setting and overstory canopy. 2. When required. Streetscape landscaping is required as part of street frontage improvements. 3. Description. a. This type of landscaping consists of street trees for a large overstory canopy along streets and pedestrian corridors and approved vegetation for groundcover. b. Street trees shall be chosen from a street tree list as adopted by the Yelm tree advisory board. Decorative protection may be placed around the trees. c. Ground cover shall be a minimum four inch pots spaced 18 to 20 inches on center or one gallon pots at 20 inches on center. Low growth shrubs shall be one gallon pots at three feet on center. Shrubs shall be 18 to 24 inches in height at five feet on center or three gallon pot at five feet on center. d. Earthen berms with grass or other vegetative groundcover and other design features may be worked into landscaping provided the resultant effect of providing a pedestrian - friendly environment and visual relief where clear site is required can be achieved. e. The minimum width for streetscape landscaping shall be six feet to provide adequate rooting area for large street trees and to provide adequate streetscape. A four -foot width may be used through parking area pedestrian walks where accent trees are used and less width is required. f. Planting theme shall be a ratio of three street trees to one accent Agenda Item 8. a. Unified Development Code Page 234 of 340 tree. g. Trees shall be spaced 35 feet on center starting 15 feet from the property line. Tree spacing may be adjusted to allow unobstructed sight distance on either side of a driveway and at street intersections. Tree spacing may also be adjusted when in conflict with luminaire poles. D. Parking lot landscaping. 1. Purpose. Parking lot landscaping is intended to provide visual relief and shade in parking areas. 2. When required. Parking lot landscaping is a required element of any parking area, with the exception of single family residences. 3. Description. a. Parking areas shall have a minimum of at least 24 square feet of landscape development for each parking stall proposed. b. Each area of landscaping must contain at least 100 square feet of area and must be at least six feet in any direction. c. Live groundcover shall be provided throughout each landscaping area. Groundcover may be a combination of shrubs and trees that provide the desired effect of providing visual relief and green space within the parking area. Groundcover shall be selected and maintained so that the entire landscaped area will be covered within three years. d. At least three percent of the parking area, excluding any other required landscaping, shall be utilized for landscaping; e. Each planting area must contain at least one tree. Planting areas shall be provided with the maximum number of trees possible. f. No parking stall shall be located more than 50 feet from a tree. g. A landscaped area must be placed at the interior end of each parking row in a multiple -lane parking area. h. A minimum of 60 percent of the trees must be deciduous and 40 percent evergreen. Up to 100 percent of the trees may be deciduous. i. All parking areas located adjacent to any private street or public or right -of -way shall provide a minimum five -foot planted buffer strip between the parking area and the private street or public right -of- way. j. Permanent curbs and /or structural barriers shall be provided to protect the plantings from vehicle overhang. Agenda Item 8. a. Unified Development Code Page 235 of 340 E. Stormwater facility landscaping. 1. Purpose. The intent of stormwater facility landscaping is to provide visual relief in stormwater retention /detention areas. 2. When required. Stormwater facility landscaping is a required component of any stormwater facility. 3. Description. a. The floor and slopes of any stormwater retention /detention area shall be planted in vegetation that is suitable and will thrive in hydric soils. b. The landscaping of the stormwater facility shall be incorporated with all on -site landscaping. c. When biofiltration swales and ponds are used in any development other than residential subdivisions, they shall be incorporated into overall site design through one of the following means listed in order of preference: i. Locate biofiltration swales, pond, or other approved biofiltration systems at the side or rear of the lot and incorporate as part of a landscape screen. ii. Locate biofiltration swale, wet pond, or other approved biofiltration system within the paved parking or service area. iii. Locate swale along the front edge of the property. Incorporate landscaping and screening to visually enhance the swale. iv. If the biofiltration swale is located and /or designed as a positive landscaping feature with an approved design and plant materials, it may be counted as part of the required site landscaping. 18.55.030 Landscape features, design, and alternative landscaping option An alternative landscaping proposal that provides a better solution in terms of public benefit may be approved with one or more of the following elements: A. Decorative paving or sculptures shall not exceed 25 percent of the required area. B. Integrate interior surface parking area landscaping with required biofiltration swales, or surface water retention ponds. C. Incorporate or protect natural features including wetlands, significant trees and vegetation, and slopes. Agenda Item 8. a. Unified Development Code Page 236 of 340 D. Preserve distant views. E. Provide significant pedestrian oriented space in excess of minimum requirements. F. Create an extension or connection to a local park or a regional bicycle /pedestrian trail system. G. Retain natural vegetation or stands of trees existing prior to development. 18.55.040 Species choice and plant material standards The applicant shall utilize plant materials that are drought resistant, complement the natural character of the pacific northwest, are not listed as invasive species, and conform to the following: A. All landscaping shall include at least 75 percent of ground cover and shrubs, and 50 percent of trees that are native or non - invasive naturalized species. B. At least 60 percent of all landscaping shall be drought tolerant (unless site conditions assure adequate moisture.) C. Existing vegetation may be used to augment required landscaping. D. Trees shall be a minimum of two inch caliper measured six inches above the base at the time of planting and shrubs must be capable of growing to a minimum of five feet in height, within three years. E. When the width of any landscape strip is 20 feet or greater, the required trees shall be staggered in two or more rows. F. Ground cover shall be minimum four inch pot spaced 18 to 20 inches on center or one gallon pots at 20 inches on center, planted and spaced to result in total coverage of the required area within five years. G. Low growth shrubs shall be one gallon pots at three feet on center. H. Shrubs shall be 18 to 24 inches in height at five feet on center or three gallon pot at five feet on center. I. Fences shall be placed on the inward side of any required perimeter landscaping. J. Berms shall not exceed a slope of two horizontal feet to one vertical foot (2:1). 18.55.050 Irrigation system Except for areas of undisturbed existing vegetation or low areas with existing high soil moisture conditions, landscape areas shall have irrigation systems or be within 75 feet of a hose spigot. Agenda Item 8. a. Unified Development Code Page 237 of 340 A. Choose irrigation devices and design the irrigation system to positively prevent runoff or overspray onto impermeable hardscape under all conditions regardless of wind or possible equipment misalignment. B. Assign separate station /zones (hydrozones) to areas with dissimilar water or scheduling requirements. For example; separate zones should be designed for trees, shrubs, flowers, shady areas, sunny areas, drip irrigation and sprinklers. C. Locate sprinkler heads based on a thorough evaluation of physical, environmental, and hydraulic site conditions, including wind. The design must not permit sprinklers to overspray onto impermeable hardscape under any condition. D. Specify drip irrigation for all zones planted in one - gallon or larger size. E. Specify weather -based irrigation controllers (WBIC). F. Specify check valves wherever necessary to prevent low -head drainage. 18.55.060 Maintenance of plant materials A. The property owner shall replace any unhealthy or dead plant materials in conformance with the approved landscape development proposal and shall maintain all landscape material. B. All trees, plant materials and landscaped areas shall receive sufficient water to be kept in a healthy and growing manner. C. All landscaping shall be maintained with respect to pruning, trimming, mowing, watering, insect control, fertilizing, or other requirements to create a healthy growing condition, attractive appearance and to maintain the purpose of the landscape type. D. Dead, diseased, stolen, vandalized or damaged plants shall be replaced within the next planting season, with the plants indicated on the approved landscape plan. E. All landscaped areas shall be maintained reasonably free of weeds and trash. F. All required landscaping which is located within public right -of -way shall be maintained by the abutting property owner. 18.55.070 Performance assurance A. The required landscaping must be installed prior to project completion or certificate of occupancy, unless the Site Plan Review Committee determines that an assigned savings is appropriate. In no case may the property owner /developer delay performance for more than one year. B. The City may accept as an alternative, a contractual agreement or bond between the owner /developer and a licensed landscape architect, Agenda Item 8. a. Unified Development Code Page 238 of 340 Washington- certified nurseryman, or Washington- certified landscaper, along with a rider or endorsement specifically identifying the City as a party to the agreement for purposes of enforcement. Nothing in this alternative shall be interpreted to in any way modify the conditions of subsection A of this section. C. If an assigned savings is executed, the value of this device must equal to 150 percent of the estimated cost of the landscaping to be performed, and shall be utilized by the City to perform any necessary work, and to reimburse the City for documented administrative costs associated with action on the device. If costs incurred by the City exceed the amount provided by the assurance device, the property owner shall reimburse the City in full, or the City may file a lien against the subject property for the amount of any deficit. D. Upon completion of the required landscaping by the property owner, at or prior to expiration of the assigned savings, the City shall promptly release the assigned savings. E. The owner /developer of any project requiring site plan review approval, subdivision approval, or short subdivision approval shall provide a performance assurance device in order to provide for maintenance of the required landscaping until the tenant or homeowners' association becomes responsible for landscaping maintenance. This performance assurance device shall be 150 percent of the anticipated cost to maintain the landscaping for three years. Agenda Item 8. a. Unified Development Code Page 239 of 340 CHAPTER 18.56 - RECREATION/OPEN SPACE REQUIREMENTS 18.56.010 Intent It is the intent of this chapter to establish minimum requirements and standards for providing recreation and /or preserving open space for the economic welfare, social well being, and quality of life for the City and its citizens. A. All residential developments shall include, as a condition of approval, either the dedication of a portion of the site to be developed as recreational areas for public purposes, or other mitigation as determined to be consistent with the intent of this section, or both, pursuant to this chapter. The area must be an area of land which is supplemental and in addition to any setbacks, yard, streets, vehicular access or parking areas and similar areas ordinarily associated with residential development. Recreation area or open space may include, but is not limited to, greenbelts, parks, athletic fields, recreation areas, trails and walkways intended for access to the area, and /or environmentally sensitive areas. B. For purposes of all single - family residential developments, any dedication of recreation /open space pursuant to this chapter shall be in an amount equal to or greater than five percent of the gross area of the proposed development. For purposes of all multifamily residential developments and combined single - family and multifamily residential developments, any dedication of recreation /open space pursuant to this chapter shall be in an amount equal to or greater than 10 percent of the gross area of the proposed development. C. The City may waive the dedication requirements of this chapter, provided the applicant makes an adequate showing that the purposes of this chapter will be served by the creation of private recreation or open space that otherwise meets the criteria above. Under such circumstances, the City may, in its sole discretion, authorize the establishment of a private recreation area or open space under appropriate terms and conditions. D. The City may also, in its sole discretion, allow both the dedication of space, and mitigation provided the City determines that the purposes of this chapter are served by allowing a combination of both. 18.56.020 Recreation /Open space qualifications To qualify as recreation /open space for purposes of the chapter, all dedicated areas must have the following attributes and characteristics: A. Use. Recreation /Open space shall be dedicated for one or more of the following uses: Agenda Item 8. a. Unified Development Code Page 240 of 340 1. Environmental interpretation, protection, or other education; 2. Active recreation parks 3. Off -road footpaths or bicycles trails; 4. Any other use found by the City to further the purposes of this chapter. B. Suitability. All areas dedicated as recreation /open space must be suitable for one or more of the uses described in subsection A of this section and be of such topographic, hydrologic, geologic and other physical characteristics so as to be, in the view of the City, suitable. Areas including aboveground utilities and stormwater retention facilities are declared to be unsuitable. C. Siting. All recreation /open space lands must be located and sized to be suitable for their intended purpose. The City may deny approval of the dedication where proposed areas are so located or sized as to be unreasonably inefficient for the public or private owner to maintain or utilize, or which the City deems to be isolated by barriers or unreasonably remote by distance from the intended users, or to be of no benefit to the residents of the proposed development or to the public. D. Access. In order to serve the recreational needs of the public, at least 75 percent of dedicated recreation area associated with each development must be accessible to either the general public or to all residents of the associated development. E. Ownership. The applicant shall warrant that he or she is dedicating full fee title to the area free and clear of any and all encumbrances. All documents associated with such dedication shall be subject to review and approval by the City. The City may require that any such documents be recorded as appropriate in the form of the document. F. Notice. Notice of the dedication shall be provided by means appropriate to the intended use. Such notice shall include at minimum one posted sign and one form of public record of the dedication use which can reasonably be expected to be revealed by a title abstract of the property. Such record may include a statement on the face of a recorded subdivision or recorded deed covenants and restrictions. G. Off -site recreation /open space. Where no site within the proposed development meets the above qualifications, the City may require that the applicant offer lands outside the development; provided, that the area is qualified in all other respects, that the applicant certifies and warrants that he or she has the necessary authority to convey the off - site property in fee title to the City, free and clear of any and all encumbrances, and that such off -site area is within the boundaries of the Agenda Item 8. a. Unified Development Code Page 241 of 340 same sub -area identified in the land use element of the Comprehensive Plan as the development itself. Agenda Item 8. a. Unified Development Code Page 242 of 340 CHAPTER 18.57 - PROTECTION OF TREES AND VEGETATION 18.57.010 Intent It is the intent of this chapter to: A. Promote public health, safety and general welfare of the citizens of Yelm without preventing the reasonable development and maintenance of land; B. Preserve and enhance the City's physical and aesthetic character by preventing indiscriminate removal or destruction of trees and groundcover, and by encouraging development that incorporates existing trees and groundcover into site development practices; C. Retain trees for their positive environmental effects including, but not limited to the protection of wildlife habitat; D. Provide for the regulation of the planting, maintenance and removal of trees in the public right -of -way and on City -owned property; E. Promote the conservation of energy; F. Educate the public regarding urban forestry; G. Implement the objectives of the State's Environmental Policy Act and Growth Management Act; and H. Implement and further the City's Comprehensive Plan and other related ordinances. 18.57.020 Planting, removal, topping and /or pruning of public trees A. Approval from the community development department shall be obtained prior to any planting, removal, topping and /or major pruning of public trees. Major pruning includes the trimming or cutting back of limbs two inches in diameter or greater, root pruning, or trimming or cutting out of branches and limbs constituting greater than 10 percent of the tree's foliage- bearing area, and conducted in a manner that retains the natural form of the tree. B. The location of any street trees to be planted or removed shall be identified and mapped to keep the street tree inventory current. C. Utility companies shall notify the City prior to pruning any tree located on City -owned property for the purpose of maintaining safe line clearance and shall carry out all such work in accordance with accepted arboricultural standards. D. Any approval granted under this chapter shall expire six months from the date of issuance, unless approval is associated with another development permit. If it is associated with another development permit, the restrictions and deadlines of that approval will apply. Upon a written Agenda Item 8. a. Unified Development Code Page 243 of 340 request, the approval not associated with another development permit may be extended by the Site Plan Review Committee for one six -month period. Approved plans shall not be amended without being resubmitted to the City. Minor changes consistent with the original approval intent will not require a new approval. The approval may be suspended or revoked by the City because of incorrect information supplied or any violation of the provisions of this chapter. 18.57.030 Tree species to be planted The City of Yelm tree advisory board shall maintain a list of desirable trees for planting along City streets and right -of -ways. 18.57.040 Public tree care A. The planting or removal of hawthorn or other trees of City historical significance located in the City right -of -way or other public place shall require approval of the City Council, based on recommendation by the tree board. All other trees in the City right -of -way may be planted, pruned or removed at the discretion of the Site Plan Review Committee. B. The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds. C. The City may remove, or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric pole lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect or other pest. D. This section does not prohibit the planting of street trees by adjacent property owners; providing, that the selection and location of such trees is in accordance with Chapter 18.54 YMC. E. Pruning methods shall comply with current American National Standard for Tree Care Operations - Tree, Shrub and Other Woody Plant Maintenance - Standard Practices. 18.57.050 Tree protection and preservation A. All street and public trees near any excavation, demolition, or construction of any building, structure, street, or utility work must be sufficiently guarded and protected by those responsible for such work as to minimize potential injury to said trees and to maximize their chance for survival. When street and public trees are near the project, any construction permits issued by the City must be approved by the Site Agenda Item 8. a. Unified Development Code Page 244 of 340 Plan Review Committee, who may require protective measures as specified in the Arboricultural Manual. B. No person may destroy, injure, or deface any street tree or tree on public property by any means, including, but not limited to, the following: 1. Impede the free passage of water, air, or fertilizer to the roots of any tree, shrub, or other plant by depositing vehicles, concrete, asphalt, plastic sheeting, or other material detrimental to trees or shrubs on the tree lawn or on the ground near any tree; 2. Pour any toxic material on any tree or on the ground near any tree; 3. Cause or encourage any fire or burning near or around any tree; 4. Severely reduce the tree crown except when pruning of trees under utility wires or obstructing the right -of -way as allowed by a permit issued by the community development department; 5. Carve or attach any sign, poster, notice, or other object on any tree, or fasten any rope, wire, cable, nails, screws, staples, or other device to any tree, except as used to support a young or broken tree; however, nothing in this section shall be construed in such a manner that it forbids lighting of a decorative or seasonal nature; provided, that such lighting is not attached in such a way as to cause permanent damage to the tree. C. No person may prevent, delay, or interfere with the director, or his /her designee, or any City employee in the execution or enforcement of the provision of this section. D. Any person responsible for a violation of this section must pay the cost of repairing or replacing any tree or shrub damaged by the violation. The value of trees and shrubs is to be determined in accordance with the latest revision of the guide for plant appraisals as published by the international society of arboriculture. 18.57.060 Tree topping It is unlawful for any person, firm or City department to top any street tree, park tree, or other tree on public property. "Topping" is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this chapter at the determination of the Site Plan Review Committee. Agenda Item 8. a. Unified Development Code Page 245 of 340 18.57.070 Pruning — corner clearance Every owner of any tree overhanging any street or right -of -way within the City shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet above the surface of the street or sidewalk. The owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The City shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street front street light or interferes with visibility of any traffic - control device or sign. 18.57.080 Dead or diseased tree removal on private property The City shall have the right to cause the removal of any dead or diseased trees on private property within the City, when such trees constitute a hazard to life and property, or harbor insects or disease which constitutes a potential threat to other trees within the City. 18.57.090 Preservation of trees on private property, and with new development This section shall apply to any new development or substantial addition to an existing development, and to unimproved lots within the City. A. No existing trees shall be removed until a final decision is made regarding the feasibility of preserving existing trees; and B. Land clearing shall be undertaken in such a manner as to preserve and enhance the City's aesthetic character. The site shall be revegetated and landscaped as soon as practicable, in accordance with an approved revegetation plan. The revegetation plan shall include plantings along public streets and adjoining property boundaries, especially between areas of differing intensities of development. C. All site plans shall include the location of all trees to be retained and removed (species, diameter and condition) exceeding eight inches in diameter (measured at four and one -half feet from the base of the tree) that are affected by development. Those trees or groups of trees to be retained are to be drawn and identified with their protection zone on the site plan. 18.57.100 Standards All land clearing not exempt under Section 18.57.120 YMC shall conform to the approved plan and the following standards and provisions unless alternate procedures that are equal to or superior in achieving the purposes of this chapter are authorized in writing by the Site Plan Review Committee: Agenda Item 8. a. Unified Development Code Page 246 of 340 A. Land clearing in designated greenbelt or buffer areas of approved and recorded subdivisions or approved projects which would substantially alter the character or purpose of such greenbelt or buffer areas is prohibited; Greenbelt and buffer areas include any areas of a project or development that are intended to remain in a natural condition and /or private permanent open space, or to serve as a buffer between properties or developments. B. Land clearing shall be accomplished in a manner that will not create or contribute to landslides, accelerated soil creep, settlement and subsidence on the subject property and /or adjoining properties; C. The proposal shall contain provisions for the preservation of natural land and water features, vegetation, drainage, and other indigenous features of the site; D. Land clearing shall be accomplished in a manner that will not create or contribute to flooding, erosion or increased turbidity, siltation, or other form of pollution in a watercourse; E. Land clearing in wetlands, and fish and wildlife habitat areas shall be in accordance with the provisions of Chapter 18.21 YMC; F. Any trees to be retained shall be flagged or otherwise marked in some manner so as to make it clear the tree or groups of trees are to be retained; G. Any trees or groups of trees to be retained shall have temporary fencing installed around the drip line. The protective fencing is to be installed prior to any site work. Machinery shall be kept outside of the drip line of trees designated for retention. The Site Plan Review Committee may require fencing beyond the drip line if, in the committee's determination, such additional protection is needed to protect the tree from damage. Trees designated for retention shall not be damaged by scoring, ground surface level changes, compaction of soil, attaching objects to trees, altering drainage or any other activities that may cause damage of roots, trunks, or surrounding groundcover; and H. Any trees designated for retention shall be field verified by the Site Plan Review Committee before land clearing begins. 18.57.110 Exemptions The following shall be exempt from the provisions of this chapter: A. Land clearing in emergency situations involving immediate danger to life or property; B. Clearing of dead, diseased or hazardous trees, after verification by the Site Plan Review Committee. A hazardous tree is any tree that due to its Agenda Item 8. a. Unified Development Code Page 247 of 340 health or location presents a risk to public safety. The Site Plan Review Committee may require reasonable documentation of the physical condition of any tree prior to approving its removal; C. Clearing of trees that act as obstructions at intersections in accordance with this code; and D. Land clearing associated with tree farming operations specifically preempted by Chapter 76.09 RCW, Washington forest practices act; provided, that a harvesting and reforestation plan is submitted to the Site Plan Review Committee prior to any land clearing. Agenda Item 8. a. Unified Development Code Page 248 of 340 CHAPTER 18.58 — MODEL HOMES 18.58.010 Model Homes Following preliminary approval of each full subdivision or binding site plan of five or more residential units, the Public Works Director is authorized to approve, and the Building Official may issue a permit for construction of one and only one residence to use as a model home. Prior to final plat or site plan approval, such unit may be occupied solely for purposes of promotion of the development and may not be occupied as a residence except by a real estate agent or other representative of the subdivider, and then only for the limited purpose of security. Such construction and subsequent occupancy shall only be authorized by the director upon written finding that the design and placement of the unit would conform with all standards of the City if for any reason the subdivision is not completed or is not granted final approval. Agenda Item 8. a. Unified Development Code Page 249 of 340 CHAPTER 18.59 - SITE PLANNING 18.59.010 Intent The purpose of this chapter is to establish minimum requirements and standards to create an active safe pedestrian environment, upgrade the downtown and visual identity, unify streetscapes and to improve pedestrian and auto circulation. 18.57.020 Relate development to street fronts other than pedestrian oriented streets All development uste include the following site planning measures to create an attractive street edge: A. Define the street edge with building landscaping or other feature. B. Provide direct access to building fronts from sidewalk. C. Provide substantial landscaping if parking is located adjacent to street frontage. 18.59.030 Multiple building and large lot development For developments with multiple buildings or large lots, mitigate impacts with the following: A. Provide for connecting streets and public transportation. B. Connect all on -site activities to adjacent pedestrian routes and street right -of -ways. C. Design buildings to complement adjacent activities and visual character. D. Incorporate open space and landscaping as a unifying element. E. Incorporate screening, environmental mitigation, utilities and drainage as positive design elements. 18.59.040 Siting service areas A. Locate service areas, outdoor storage areas and other intrusive site features at the rear of the lot to reduce conflicts with adjacent uses. All Trash Enclosures shall incorporate the architectural features of the primary structures and landscaping to minimize visual impacts of the Enclosure. B. Trash enclosures shall meet the height requirements listed in Table 18.1, and be constructed of CMU, wood or architectural steel. Gates shall be of similar durable materials and be capable of being secured when shut and at an angle of 135 degrees when open. Enclosure wall shall sit on a minimum six inch concrete slab. The slab shall be graded to prevent liquids from entering the City S.T.E.P. sewer system or on site storm water. The slab shall extend four feet beyond the gate(s). Agenda Item 8. a. Unified Development Code Page 250 of 340 C. Landscaping shall consist of shrub trees of the thug occidentalis pyramidal variety (or equal) standing three to five feet tall with spacing at two and one half feet on center. Dense site barrier or perimeter landscaping ground cover as required on adjacent site boundaries shall continue around the enclosure. D. No trash enclosure shall be permitted between a street and the front of a building. E. Trash enclosures 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. D. The location of this enclosure shall be submitted to the local service provider for review and approval. Table 18.1 Trash enclosure Use Max for Square Minimum Additional Minimum residential foot /unit Enclosure Enclosures Enclosure container Per Cubic Size Height 6 feet or Yard Residential 1 6 houses N/A Multi Family 6 units 6 houses 8'x20' Each 36 7 feet over 24 units units Retail 230 sf. 1,380 sf 8'x20' Each 8,280 7 feet over 5,520 sf sf Grocery N/A 1,380 sf 8'x20'* Each 8,280 7 feet over 5,520 Store sf sf Multi Tenant N/A 1,380 sf 8'x20' Each 8,280 7 feet over 5,520 Retai I sf sf Office 972 sf 5,833 sf 8'x20' Each 35,000 7 feet over sf 23,332 sf Hotel /Motel N/A 10 rooms 8'x20' Each 60 7 feet over 39 rooms rooms Restaurant N/A 670 sf 8'x20' Each 4,020 7 feet over 2,680 sf sf Restaurant N/A N/A 8'x24' Each 4,020 7 feet over 2,680 with grease sf sf storage Repair Shop 330 sf 1,980sf 8'x20' Each 11,880 7 feet over 7,920 sf sf Educational N/A 7,500 sf 8'x20'* Each 45,000 7 feet over sf 30,000 sf Industrial 830 sf 4,980 sf 8'x20'* Each 29,880 7 feet over sf 19,920 sf Industrial N/A 5,000 sf 8'x20'* Each 30,000 7 feet over Park sf 20,000 sf Warehouse N/A 7,500 sf 8'x20'* Each 45,000 7 feet over sf 30,000 sf *Without trash compactor Agenda Item 8. a. Unified Development Code Page 251 of 340 Example an office building with 25,000 gross square footage will have an 8x20 trash enclosure (column 3). Since it is over 23,332 sf, the wall height will be 7 feet to screen the 6 yard container (column 6). 18.59.050 Illumination All development requiring review by the Site Plan Review Committee shall provide site illumination in accordance with the Washington state energy code (WEC) and the following standards: A. Walkways and paths shall be illuminated to a minimum of two foot candles, and entries to four foot candles. 1. All parking lots shall be illuminated to a minimum of .5 foot candles. Parking garages illumination levels shall not exceed 0.1 foot candle at five feet past the edge of the property line(s). 2. Fixtures shall be non glare and shielded. 3. Fixtures shall be mounted a maximum of 20 feet above grade. 4. Fixtures in districts zoned C -2 or C -3 may be mounted at 30 feet above grade, if the total watt /square foot allowed under the WEC is reduced by 20 percent. Industrial zones may have fixtures mounted at 40 feet above grade, if the total watt /square foot allowed under the WEC is reduced by 20 percent. 5. Light poles for illumination of athletic fields on new and existing public school (Institutional zones) or sites with special use permit approval may exceed the maximum permitted height set forth in subsection above, up to a maximum height of 100 feet, ensuring adequate illumination and minimized to the greatest extent practicable, and demonstrate that the additional height contributes to a reduction in impacts from light and glare. 6. A lighting plan shall be submitted as part of civil plan review. 18.59.060 Street corners New development on corner lots at street intersections must enhance the property's visual qualities at the corner by one or more of the following methods: A. Install substantial landscaping of at least 200 square feet at or near the corner of the lot. B. Install a decorative screen wall at least three foot high, a trellis or other continuous architectural element with a length of at least 20 feet, along the front property line. D. Provide a pedestrian walkway from corner to building entry and /or a building entry at the corner of the building nearest the intersection. Agenda Item 8. a. Unified Development Code Page 252 of 340 E. Locate building within 15 feet of either or both front property lines. 18.59.070 Transit New residential and commercial development shall coordinate with Intercity Transit to incorporate transit stops. Intercity Transit shall determine the type and location of new or upgraded transit stops. 18.59.080 Mailboxes New residential and commercial developments shall coordinate with the U.S. Postal Service for the location of any mailbox(s). Mailboxes shall be cluster box units (CBU) spaced throughout the development on local access residential and private streets only. New or replacement mail boxes shall not be located on arterials or commercial and residential collector streets. Mail delivery centers on site shall be the preferred option. Off site mailboxes shall be the CBU type and located on streets intersecting the arterial or collector. During construction, existing mailboxes shall be accessible for the delivery of mail or, if necessary, moved to a temporary location. Temporary relocation shall be coordinated with the City of Yelm and the U.S. Postal Service. Contact the U.S. Postal Service before reinstalling the mailboxes at the original location or to a new location, if construction has made it impossible to use the original location. Existing uses or new construction on lots of record who chose to have site delivery shall install mailboxes at the mailbox center designated for said property. The placement of mailbox centers shall be determined by the City of Yelm and the U.S. Postal Service, mailbox centers and mailbox installation shall be in accordance with this chapter and WSDOT design manual, Section 700. Civil plan drawings submitted for a project will clearly show the location and type of mailbox, and any details provided by the U.S. Postal Service. Agenda Item 8. a. Unified Development Code Page 253 of 340 CHAPTER 18.60 - PEDESTRIAN CIRCULATION 18.60.010 Intent It is the intent of this chapter to implement pedestrian circulation elements of the Yelm design guidelines by providing continuous pedestrian access in the downtown area, as well as improve pedestrian routes between businesses, streets and transit stops. 18.60.020 General guidelines All pedestrian paths must conform with federal, state and local codes for handicapped access, and the americans with disabilities act (ADA). 18.60.030 On -site pedestrian circulation Development shall incorporate the following elements for pedestrian circulation: A. All pathways shall be paved a minimum of 60 inches wide. B. Buildings shall have a paved pedestrian pathway from the street sidewalk to the main entry of the building. If access traverses a parking lot, it shall be of a material different than the parking lot material. C. Walkways shall be integrated with parking lot landscaping. D. Walkways shall tie into neighboring properties when feasible. E. Buildings with entries not facing the street shall have a clear and obvious street sidewalk to the entry. F. Provide pedestrian paths or walkways connecting all businesses and the entries of multiple buildings on the same development site. G. Provide pathways through parking lots. 18.60.040 Pedestrian paths to adjacent uses and transit facilities To provide pedestrian circulation to adjacent uses and transit facilities, the following elements shall be included in site design: A. Provide pedestrian access from building entries of businesses and services within the development to building entries of nearby multifamily residential complexes with marked crosswalks. B. Integrate nearby transit stops into the planning of adjacent site improvements by providing extra space for waiting areas, incorporating bus pull outs or stops into the site's circulation scheme and /or providing a walkway directly from the transit stop into the project's entrance. C. Provide pedestrian paths from all transit stops through commercial areas to residential areas within 1,200 feet. Easements for pedestrian access Agenda Item 8. a. Unified Development Code Page 254 of 340 should be provided to facilitate the future extension of these paths as adjoining properties are improved. 18.60.050 Pedestrian areas at building entries Use architectural elements of a building and landscaping to highlight and define the entrance. The primary public entries of all businesses and multifamily residential buildings must be enhanced by two or more of the following means: A. Weather protection such as an awning, canopy, marquee or other building element to create a covered pedestrian open space of at least 100 square feet. B. 200 square feet of landscaping at or near the entry. C. Pedestrian facilities, such as benches, kiosks, special paving, bicycle racks. D. A trellis, canopy, porch or other building element that incorporates landscaping. E. Pedestrian scaled lighting. F. Adjacent window displays. G. Building ornamentation such as mosaic tile, relief sculpture, ornamental wood or metal trim. H. Artwork or special pedestrian scaled signs. 18.60.060 Pedestrian activity areas and plazas A pedestrian oriented space is the area between a building and a public street or pedestrian path which promotes visual and pedestrian access into the site. Where the street -front building fagade is not directly adjacent to the sidewalk, the space between the sidewalk and the front of the building shall be developed as pedestrian oriented space which includes: A. Visual and pedestrian access from the public right -of -way. B. Paved walking surfaces. C. On site lighting providing at least 4 foot candles on the ground. D. At least 2 lineal feet of seating per 60 square feet of plaza space. E. Location shall not be adjacent to unscreened parking, chain link fences, or blank walls. F. Asphalt or gravel pavement is prohibited. Agenda Item 8. a. Unified Development Code Page 255 of 340 CHAPTER 18.61 - BUILDING DESIGN 18.61.010 Intent It is the intent of this chapter to implement building design elements of the Yelm design guidelines by providing human scale building design that is compatible with Yelm's historic architectural size and character. 18.61.020 Human scale Buildings over three stories or more than 100 feet wide as measured along any fagade facing a street shall include at least three of the following elements. A. One balcony or deck at least six feet deep and ten feet wide per upper floor on the facades facing streets. B. Bay windows. C. 150 square feet of pedestrian oriented space. D. Individual windows less than 32 square feet per pane and separated from other windows by a six inch molding. E. Gable or hipped roof that covers at least one half of the building's footprint and has a slope greater or equal to three feet vertical to 12 feet horizontal. F. A porch or covered entry. G. Spatially defining building elements that define an occupiable space such as a trellis, overhang, or canopy. H. A minimum six feet setback from the face of a building on an upper sto ry. . I. Smaller building elements near the entry of large buildings. 18.61.030 Architectural scale Buildings over three stories or up to 5,000 square feet in gross building footprint shall include at least one of the following elements, and buildings over 5,000 square feet in gross building footprint shall include two or more of the following elements along their facades: A. A minimum 10 foot setback from the face of a building on an upper story. Building facades visible from a public right of way or park shall be modulated horizontally every 100 feet, with a minimum depth of six feet. Roof deck or balconies as part of the building modulation shall be a minimum of 60 square feet. B. Roof lines visible from a public right -of -way or park shall be modulated vertically every 100 feet. Gable, hipped or shed roofs shall have a slope of at least three feet vertical to 12 feet horizontal. Arched, vaulted, Agenda Item 8. a. Unified Development Code Page 256 of 340 dormer or saw - toothed roof lines shall have a change in slope, within every 100 foot width. C. Building facades shall include repeating elements such as distinctive window patterns, porch, patio, alternate dormers, gables, or other roof elements, changing materials, lighting fixtures, trellis, substantial landscaping and /or pedestrian oriented open spaces along the building fagade. 18.61.040 Building details Buildings facing a public street or park shall be enhanced with at least one of the following elements: A. Decorated rooflines, such as an ornamental molding, entablature, frieze or other roofline device visible from the ground level. B. Decorative window and door treatments such as a decorative molding or framing details around all ground floor windows and doors. C. Decorative railings, grill work or landscape guards. D. Landscape trellises. E. Decorative light fixtures with a diffuse visible light source. F. Decorative building materials. G. Blank walls visible from the street, parking or adjacent lot shall be treated in one or more of the following ways: 1. Vertical trellis in front of the wall with climbing vines or plant materials. 2. Landscaped planting bed at least five feet wide or raised planter bed at least two feet high and three feet wide in front of the wall, and plant materials that obscure or screen at least 35 percent of the wall's surface within three years. 18.61.050 Materials and color A. The following materials are allowed as described below: 1. Metal siding over 25 percent of a building's fagade must have a matted finish in a neutral or earth tone color, and must include visible window and door trim painted or finished in a complimentary color and corner and edge trim that cover exposed edges of the sheet metal panels. 2. Pre - finished metal roofing must have standing seams & muted colors. 3. Concrete block walls, or exposed concrete surfaces that are visible from a public street or park must be architecturally treated by split face or grooved surface, colored mortar, or other masonry types in Agenda Item 8. a. Unified Development Code Page 257 of 340 conjunction with concrete blocks. 4. Architecturally finished vinyl or fiberglass material used for wall surface must not possess sheen. 5. Stucco surfaces must be finished. 6. Terra cotta tile. 7. Clear or lightly tinted glass. 8. Natural copper or bronze. 9. Wood shingles /shakes. Wood siding and wood product panels shall be weather resistant, and all edges and seams covered or trimmed. 10. Architectural polymers and plastics are prohibited for exterior walls. 11. Back -lit vinyl or plastic awning illumination is limited to a single fluorescent tube the length of the awning or canopy. B. The following materials are prohibited: 1. Mirrored glass, corrugated fiberglass, and chain link fencing, when visible from the street (except for temporary purposes such as a construction site). 2. Corrugated roofing or siding, and fiberglass. 3. Galvanized roofing. 4. T -111, fiberboard, and untreated plywood siding. 5. Applied aggregate finishes ( "marblecrete "). 6. Mirrored or opaque glass. 18.61.060 Mechanical equipment and service areas Roof - mounted mechanical equipment shall be screened so as not to be visible from the street or from the ground -level of adjacent properties. Screening shall blend with the architecture of the building. Agenda Item 8. a. Unified Development Code Page 258 of 340 CHAPTER 18.62 — SIGNS 18.62.010 Intent The intent of this chapter is to provide minimum standards for the number, size, design, quality construction, location, electrification and maintenance of all signs and sign structures, and to preserve and improve the appearance of the City. A sign is any communication device, structure, or fixture that is extended to aid an establishment in identification, and to advertise and /or promote a business, service, activity, or interest. 18.62.020 Exemptions The following are exempt from the regulation of this chapter. A. The flag, emblem or insignia of a nation or other governmental unit or nonprofit organization, subject to the guidelines concerning its use set forth by the government or organization which it represents. B. Memorial signs or tablets, names of building, stained glass windows and dates of erection when cut into the surface or the facade of the building or when projecting not more than two inches. C. Traffic or other municipal signs, signs required by law or emergency, railroad crossing signs, legal notices, and any temporary or non - advertising signs as may be authorized by the City Council. D. Signs of public utility companies indicating danger, serve as an aid to public safety, or show the location of underground facilities or other public utility. E. Flush- mounted wall signs, used to identify the name and address of the occupant for each dwelling, provided the sign does not exceed two square feet in sign area. For those buildings on the Yelm historic register, the historic name painted or affixed to the building shall not be included in the sign calculations. F. Signs located in the interior of any building or within an enclosed lobby or court of any building or group of buildings, which signs are designed and located to be viewed exclusively by patrons of such use or uses. G. One bulletin board not over 50 square feet in sign area for each public, charitable, or religious institution where the same are located on the premises of said institution. Additionally, an off -site sandwich board sign may be used as a directional sign during regular scheduled meetings or services. H. Decorations, clearly incidental and customary and commonly associated with any national, local or religious holiday. Agenda Item 8. a. Unified Development Code Page 259 of 340 I. Painting, repainting or cleaning of an advertising structure or the changing of the advertising copy or message thereon when no structural change is made. J. Sculptures, fountains, mosaics and design features which do not incorporate advertising or identification. K. "No trespassing," "no dumping," "no parking," "private," signs identifying essential public needs such as restrooms, entrance, exit, telephone and other informational warning signs which do not exceed two square feet in surface area. L. City directional locator signs. M. Public service signs. Electronically or electrically controlled public service sign or portion of a larger sign which conveys only information such as time, date, temperature, atmospheric condition or general news information where different alternating copy changes are shown on the same lamp bank matrix. N. Franchised buses or taxis. 18.62.030 Prohibited signs Prohibited signs are subject to removal by the City at the owner's or user's expense, with the exception of a legal nonconforming sign. The following signs or displays are prohibited: A. Roof signs erected upon, against, on top of, or directly above a roof, or above the parapet of a building; B. Animated signs which include action or motion, or the optical illusion of action or motion, or color changes of all or any part of the sign facing, requiring electrical energy, or set in motion by movement of the atmosphere, excluding digital changing message center signs; C. Flashing signs which contain an intermittent or flashing light source, or includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source, excluding public service and changing message center signs. D. Digital changing message signs not conforming to Section 18.62.050 YMC, Illumination; E. Electronically or electrically controlled sign where different automatic changing messages are shown on the same lamp bank. F. Portable signs, except as provided under temporary signs; G. Advertising vehicles, with the exception of the identification of a firm or its principal products on a vehicle operating during normal course of business. Agenda Item 8. a. Unified Development Code Page 260 of 340 H. Signs which purport to be, or are, an imitation of or resemble an official traffic sign or signal, or which bear the words "stop," "caution," "danger," "warning," or similar words; I. Signs which, by reason of their size, location, movement, content, coloring or manner of illumination, may be confused with or construed as a traffic control sign, signal or device, or the light of an emergency or radio equipment vehicle, or which obstruct the visibility of traffic or street sign or signal device; J. Signs which are located upon or projecting from a building or wall, over public streets, sidewalks, or rights -of -way, except as provided for awnings and marquees in Section 18.62.160 YMC; K. Signs attached to utility or telephone poles or other public utility facility; L. Off - premises signs; M. Strings of banners, pennants, and other graffiti -like material, except as provided under temporary signs. 18.62.040 Temporary signs A temporary (nonpermanent) sign is intended to be displayed for a limited period of time only. Temporary signs include, but are not limited to signs, banners, pennants, valances, and flags (except as exempted), searchlights (provided the beam of light does not flash against any building or does not sweep an arc of more than 45 degrees from vertical), balloons or other air - or gas - filled figures or advertising display, and sandwich board or sidewalk signs. A. Construction signs. Signs may be displayed only after a building permit is obtained and during the period of construction on the construction site. Only one such sign is permitted per construction project for each public street upon which the project fronts. The sign shall not exceed 32 square feet in sign area (printed copy on one side only) and maximum height is 10 feet. In single - family residential zones, the sign shall be a minimum of 10 feet from the property line. In all other zones, the sign shall be a minimum of 30 feet from the property line of the abutting owner. B. Grand opening. Displays intended to announce the opening of a new enterprise, or enterprise under new management. Displays are allowed on premises only, for a period of 14 days, and must be removed at the end of the 14 day period. Sandwich board signs shall not exceed two and one -half feet by four feet. C. Special events. Events for businesses and organizations include sales or other business activities, circuses, carnivals, festivals and other similar events. Temporary signs are allowed on premises only, for a period of Agenda Item 8. a. Unified Development Code Page 261 of 340 14 days at a time, limited to four times per year, and must be removed at the end of the 14 day period. Temporary signs shall not be larger than 20 square feet. Sandwich board signs shall not exceed two and one -half feet by four feet. D. Real estate signs. All exterior real estate signs must be of wood or plastic or other durable material. The following signs shall be limited as follows: 1. Residential "for sale," "open house" and "sold" signs are limited to one sign per street frontage not to exceed five square feet in sign area, placed wholly on the property for sale, and not to exceed a height of seven feet. 2. Residential directional "open house" signs advertising residential developments within the City of Yelm are allowed during daylight hours on weekends only, and must be placed out of the way of pedestrian traffic. 3. Undeveloped residential property "for sale" signs are limited to one on- premise sign per street frontage, not to exceed 32 square feet in sign area, maximum 10 feet to top of sign, and shall be located more than 30 feet from the abutting owner's property line. 4. Undeveloped commercial and industrial property "for sale" or "rent" signs are limited to one sign per street frontage , not to exceed 32 square feet in sign area and 10 feet to top of sign. 5. Developed commercial and industrial property "for sale" or "rent" signs are limited to one sign per street frontage while the building is actually for rent or sale. The sign shall not exceed 32 square feet in sign area, maximum of 10 feet to the top of the sign, and shall be located at least 15 feet from the property line. If one face of the building is less than 10 feet from the property line, the sign shall be placed on the building or in a window. E. Political signs. Signs advertising a candidate or candidates for public elective office, a political party, or signs urging a particular vote on a public issue shall not exceed 10 square feet of sign area. Signs must be removed within seven days after the election in which the candidate or issue advertised on a sign has been determined. The candidate or committee for whom the sign is displayed shall be responsible for its removal and subject to the penalties as provided in this code. F. Garage, yard, moving, and patio sale. Signs are limited to one sign on the premises. The sign shall exceed four square feet in the sign area, may be displayed only during the sale and must be removed the day the sale ends. The person or persons for whom the sign is displayed shall be responsible for its removal and subject to the penalties as provided in Agenda Item 8. a. Unified Development Code Page 262 of 340 this code. No individual shall be permitted to have more than two garage sales per calendar year and shall not exceed six combined days. G. Sandwich board. Sandwich board or A -frame signs for businesses that cater to pedestrians such as restaurants, retail businesses that sell clothing, gifts, accessories, small markets, or other similar uses as determined by the Site Plan Review Committee, are subject to the following limitations: 1. Business shall be allowed a maximum of one sandwich board sign that is pedestrian- oriented in nature. 2. Proof of liability insurance shall be furnished with the sign permit in the minimum aggregate sum of $500,000 and that the City of Yelm is named as an additional insured on such policy. 3. The area of the sandwich board shall not exceed six square feet per side in size and shall not be wider than two feet. 4. Sandwich boards shall be constructed out of materials able to withstand typical Northwest weather such as metal, finished wood, chalkboard, whiteboard, or plastic. Sandwich boards shall be maintained in a legible and intact manner. 5. Sandwich boards may only be displayed during business hours. If business hours continue past daylight hours, precautions should be taken to place the sign in a location where it is readily visible after dark. Sandwich boards shall not be wired for lighting. 6. Sandwich boards advertising businesses with buildings directly adjacent to a public sidewalk may be located in front of the building in which the business is located. 7. Sandwich boards advertising businesses in multiple- occupancy buildings may be located no further than 12 feet from the entrance of the business and must be located on a pedestrian pathway. 8. Sandwich boards shall not be placed in a location which is within the vision triangle or any location which will impede vehicular traffic. Further, such signs shall not be placed in a manner which will block or otherwise obstruct the safe use of sidewalks, building entrances or stairs by pedestrians, including pedestrians who are visually impaired or otherwise handicapped. H. Temporary community event signs that promote a community event sanctioned by resolution of the City Council, and sponsored by a community- oriented nonprofit organization are subject to the following conditions: 1. Signs shall not exceed two square feet in area. Agenda Item 8. a. Unified Development Code Page 263 of 340 2. The name, telephone number, and point of contact of the sponsoring organization shall be displayed on the face of the sign in at least three - quarter inch letters. 3. Signs shall be located entirely on private property outside the public right -of -way. 4. Signs may be placed no earlier than two weeks (14 calendar days) before the event. 5. Signs must be removed no later than two days after the event. 18.62.050 Illumination Illumination from or upon any sign shall be shaded, shielded, directed or reduced so as to avoid brightness, glare or reflection of light on private or public property in the surrounding area. No electronic sign lamp may be illuminated to a degree of brightness that is greater than necessary for adequate visibility. In no case may the brightness exceed 8,000 nits or equivalent candelas during daylight hours, or 1,000 nits or equivalent candelas between dusk and dawn. 18.62.060 Maintenance All signs, including signs heretofore installed shall be constantly maintained in a state of security, safety, appearance and repair. If any sign is found not to be so maintained or is insecurely fastened or otherwise dangerous, it shall be the duty of the owner and /or occupant of the premises on which the sign is erected to repair or remove the sign within 15 days after receiving notice from the building official. The premises surrounding a freestanding sign shall be free and clear of rubbish and the landscaping area maintained in a tidy manner. 18.62.070 Landscaping for freestanding and monument signs All freestanding and monument signs shall include landscaping about their base to improve the overall appearance of the installation. Landscaping area shall 50 percent of the sign area. Landscaping shall include 50 percent shrubs (minimum 50 percent flowering decorative shrubs), and 50 percent groundcover, or cultivated flower beds (grass not allowed). 18.62.080 District regulations A. Size and type. 1. Residential subdivisions are allowed two signs identifying the subdivision at the entrance from an access street. Signs shall not exceed 18 square feet in sign area, and five feet in height. Signs may be monument, freestanding or fence - mounted. 2. Multifamily complexes are allowed two signs per entrance from an Agenda Item 8. a. Unified Development Code Page 264 of 340 access street identifying the complex. Signs shall not exceed 18 square feet in sign area, and five feet in height. 3. Commercial, industrial and public uses. a. Each single- occupancy building not in a multiple - building complex is permitted one monument or freestanding sign, and one of any of the following signs: awning, marquee or wall. b. Each multiple- occupancy building not in a multiple - building complex is permitted one monument or freestanding sign, plus one wall sign for primary exterior entrances. c. Each building within a multiple - building complex is permitted: i. one monument or freestanding sign per building, plus one wall sign for primary exterior entrances. ii. two monument or freestanding signs per entrance. iii. Directory -type signs not to exceed six square feet in height. B. Signs may not interfere with the clear sight triangle as described in the manual on uniform traffic control devices. C. Wall signs shall be attached to or painted directly on the wall, or erected against the wall of a building being parallel or approximately parallel to said wall; not exceeding a distance of 15 inches. D. A corner parcel with two street frontages and entrances on both streets with a multi - building complex may place a two or three faced monument sign at the corner of the property, and a monument sign at each entrance. 18.62.090 Signage on awnings and marquees Signage on awnings and marquees in commercial and industrial zones shall be limited to 30 percent coverage of the face of the marquee, or one square foot for each lineal foot of the front of the marquee, whichever is less. The signage area shall be calculated on the basis of the smallest rectangle, circle or spherical figure that will enclose the entire copy area of the sign. Calculations shall include the areas between letters and lines as well as the areas of any devices which are intended to attract attention. Signage area shall be included in the overall calculation of total allowable for the building. 18.62.100 Off -site banners Banners used to advertise community interest events are allowed at designated areas as approved by the City. The banner advertisement may not be an advertisement of the organization or its products, religious events, political events, or commercial product sales or events. Agenda Item 8. a. Unified Development Code Page 265 of 340 Banners are scheduled on a first come first served basis, based on a completed application date. Requests must be received a minimum of three weeks prior to the date the banners will be installed. Banners are limited to a maximum time of two weeks, beginning on a Monday. Applicants are allowed four events per year. Banners shall be no greater than 30 feet in width and no greater than three and one -half feet in height. The approved message shall appear on both sides of the banner. No greater than 15 percent of the sign area, per side, may include advertisement of the sign sponsor(s). Installation and removal of the banners shall be the sole responsibility of the applicant and the installer approved by the City. Installation and removal of banners shall be coordinated with other applicants when feasible. The applicant shall repair or remove their banner when notified by the City that the banner may pose a danger to public safety due to banner deterioration. If the applicant fails to remove the banner within five days, staff shall remove the banner or cause it to be removed, and will bill the applicant for the cost of removal. 18.62.110 Community sign A. Chamber of Commerce signs. Signs may be installed by the Yelm Chamber of Commerce on property owned by a civic organization, the City of Yelm, or on property subject to an easement benefitting the chamber of commerce. B. Civic organizations. Signs located on the outfield fences of baseball fields owned and operated by civic organizations are allowed; provided, that such signs are primarily oriented towards the ball field and are not intended to advertise off -site. C. City directional locator signs of a standard design and installed by the City shall be allowed in the public street rights -of -way. Directional locator signs may be installed to direct traffic to: 1. Municipal buildings and services. 2. Community buildings and services. 3. Master planned communities or major subdivisions. 18.62.120 Farmers market Farmers markets approved under Section 18.41.030 YMC may have the following signs: A. Up to two off -site sandwich board signs may be used as directional signs during the hours the farmers market is open to the public. All other signs shall be consistent with the provisions of this code. Agenda Item 8. a. Unified Development Code Page 266 of 340 B. The farmers market may have one sign for each street frontage of the market space. The sign(s) shall remain only during the hours the market is open to the public. The sign shall be limited to 12 square feet if it is a freestanding sign less than eight feet in height, and 21 square feet if it is a monument sign. Setback from property lines shall be 10 feet. C. Each vendor may have one sign and one sandwich board sign. Sales and menu boards are exempt. Square footage of allowable sign area is 12 square feet. Sandwich board signs shall meet the following: 1. The area of the sandwich board shall not exceed six square feet per side in size and shall not be wider than two feet. 2. Sandwich boards shall be constructed out of materials able to withstand typical Northwest weather such as metal, finished wood, chalkboard, whiteboard, or plastic. Sandwich boards shall be maintained in a legible and intact manner. 3. Sandwich boards may only be displayed during the hours the farmers market is open to the public. If farmer's market hours continue past daylight hours, precautions should be taken to place the sign in a location where it is readily visible after dark. Sandwich boards shall not be wired for lighting. 4. Sandwich boards may be located no further than 12 feet from the vendor's booth. 18.62.130 Legal nonconforming signs A. Legal nonconforming signs are those signs which were lawful prior to the date of adoption of the ordinance codified in this chapter, but which would be prohibited, regulated, or restricted under the terms of this chapter. 1. No such sign shall be changed in any manner that increases the noncompliance of such sign with the provisions of this chapter; 2. The burden of establishing a sign to be legally nonconforming under this section rests upon the person or persons, firm or corporation claiming nonconforming status for a sign; 3. When a business or activity containing a legal nonconforming sign is enlarged or remodeled to a value of 60 percent or more of existing value of real property improvements, then such sign must be brought in conformity with all provisions of this chapter; 4. When a business or activity with a legal nonconforming off - premises sign changes the sign face or name of the business, then such off - premises sign must be brought into conformance with all provisions of this chapter. Agenda Item 8. a. Unified Development Code Page 267 of 340 B. Any violation of this chapter shall terminate the right to maintain a legal nonconforming sign. C. No persons shall maintain or permit to be maintained on any premises owned or controlled by him /her any sign which has been abandoned. A sign is considered abandoned when located on property which becomes vacant and unoccupied for a period of six months or more, or any sign which relates to any occupant or business unrelated to the present occupant or their business, or any sign which pertains to a time, event or purpose which no longer applies. D. The right to maintain any legal nonconforming sign shall terminate and shall cease to exist whenever the sign is: 1. Damaged or destroyed by neglect beyond 50 percent. The determination whether a sign is damaged or destroyed beyond 50 percent shall rest with the building official and shall be based upon the actual cost of replacing said sign; and /or 2. Structurally substandard under any applicable ordinance of the City to the extent that the sign becomes a hazard or danger. 18.62.140 Inspection authority The community development department is empowered to enter or inspect any building, structure or premises in the City, upon which or in connection with which a sign, as defined by this code, is located, for the purpose of inspection of the sign, its structural and electrical connections and to ensure compliance with the provisions of this code. Such inspections shall be carried out during business hours unless an emergency exists. 18.62.150 Removal of unlawful signs A. Any unlawful sign which has not been removed within 30 days after notice of violation may be removed by the City and the costs charged to the violator. If removal costs have not been paid and the sign reclaimed within 30 days of its removal by the City, the City may sell or otherwise dispose of the sign and apply the proceeds toward costs of removal. Any proceeds in excess of costs of removal shall be paid to the owner of the sign. B. Unlawful signs on public streets, sidewalks, rights -of -way, power poles, telephone poles, street signs, or other public property or where located present an immediate and serious danger to the public because of their unsafe condition may be immediately removed by the community development department without prior notice. C. Any unlawful temporary or portable -type sign located on private property which has not been removed within 24 hours after notice of violation may be removed by the City. The sign may be reclaimed by the owner Agenda Item 8. a. Unified Development Code Page 268 of 340 after a civil penalty of $100.00 has been paid. If the sign has not been reclaimed within 30 days of its removal by the City, the City may sell or otherwise dispose of the sign and apply the proceeds toward costs of the removal. Any proceeds in excess of costs of the removal shall be paid to the owner of the sign. D. The City or any of its agents shall not be liable for any damage to a sign when removed under this section. 18.62.160 Sign area — square footage maximums A. Monument and freestanding signs. The following table provides sign area allowances based on sign height and area. Sign height is the vertical distance from grade plane to the highest point of a sign or any vertical projection thereof, including its supporting columns. Sign area is the entire area of a sign on which copy is to be placed. Only one side of a double -faced sign shall be included. The area of painted signs, individual letter signs, and other indirectly illuminated signs shall be calculated on the basis of the smallest rectangle, circle or spherical figure that will enclose the entire copy area of the sign. Any such calculation shall include the areas between letters and lines, as well as the areas of any devices, illuminated or nonilluminated, which are intended to attract attention. FS - Freestanding sign MS - Monument sign Sign Area Property Line Bldg. /Gross Floor Area Sign Height (Per Side) Setback 5,000 sq. ft. or less FS - 8 ft. FS - 21 sq. ft. 5 ft. MS -5ft. MS -42sq. ft. 5,001 - 10,000 sq. ft. FS - 8 ft. FS - 30 sq. ft. 5 ft. MS -5ft. MS -51sq. ft. 10,001 - 35,000 sq. ft. FS - 10 ft. FS - 36 sq. ft. 10 ft. MS -6ft. MS -51sq. ft. 35,001 - 60,000 sq. ft. FS - 10 ft. FS - 42 sq. ft. 10 ft. MS -6ft. MS -72sq. ft. 60,001 - 75,000 sq. ft. FS - 15 ft. FS - 75 sq. ft. 10 ft. MS -6ft. MS -90sq. ft. 75,001 - 100,000 sq. ft. FS - 15 ft. FS - 102 sq. ft. 15 ft. MS -6ft. MS- 120sq. ft. 100,000+ sq. ft. FS - 20 ft. FS - 150 sq. ft. 15 ft. MS -6ft. MS- 120sq. ft. FS - Freestanding sign MS - Monument sign Agenda Item 8. a. Unified Development Code Page 269 of 340 B. Flush- mounted wall signs are signs attached to the exterior boundaries of a building and which has a slope of 60 degrees or greater with the horizontal plane. The following table provides sign area, based on wall area. A primary wall is the vertical surface meeting the definition of a wall selected by the owner or owner's representative to receive the allowable allocated sign square footage. Wall signage shall not exceed one square foot for each lineal foot of wall selected. A secondary wall is the vertical surface meeting the definition of a wall selected by the owner or owner's representative to receive up to 50 percent of the allowable allocated sign square footage of the wall, primary. Wall signage shall not exceed one square foot for each lineal foot of wall selected. A third or fourth wall is the vertical surface meeting the definition of a wall selected by the owner or owner's representative to receive up to 25 percent of the allowable allocated sign square footage of the wall, primary. Wall signage shall not exceed one square foot for each lineal foot of wall selected. Agenda Item 8. a. Unified Development Code Page 270 of 340 Business Wall, Wall, Third Wall, Fourth Space Wall, Primary Sign Area Secondary Sign Area Sign Area Square Square Feet* Sign Area Square Square Feet' Square Feet* Feet* Feet* 0 - 500 22 sq. ft. 11 sq. ft. 6 sq. ft. 6 sq. ft. 500- 2,000 22 sq. ft. + 2 sq. ft. for each 50% wall, 25% wall, 25% wall, additional 100 sq. ft. over 500 primary allowed primary primary allowed allowed 2,000- 52 sq. ft. + 1.2 sq. ft. for 50% wall, 25% wall, 25% wall, 5,000 each additional 100 sq. ft. primary allowed primary primary over 2,000 allowed allowed 5,000- 88 sq. ft. + 0.75 sq. ft. for 50% wall, 25% wall, 25% wall, 10,000 each additional 100 sq. ft. primary allowed primary primary over 5,000 allowed allowed 10,000- 126 sq. ft. + 0.38 sq. ft. for 50% wall, 25% wall, 25% wall, 50,000 each additional 100 sq. ft. primary allowed primary primary over 10,000 allowed allowed 50,000 - 278 sq. ft. + 0.23 sq. ft. for 50% wall, 25% wall, 25% wall, 100,000 each additional 100 sq. ft. primary allowed primary primary over 50,000 allowed allowed 100,000- 393 sq. ft. + 0.17 sq. ft. for 50% wall, 25% wall, 25% wall, 200,000 each additional 100 sq. ft. primary allowed primary primary over 100,000 allowed allowed 200,001+ 2 2 2 2 *Sign area shall be the lesser of this column or one square foot for each lineal foot of wall. 'Multi- storied building use first occupied floor. 2To be determined at permit application. C. Marquee sign. One square foot for each lineal foot of the front of the marquee or 30 percent coverage of the face of the marquee, whichever is less. D. Awning. One square foot for each lineal foot of the front of the marquee or 30 percent coverage of the face of the marquee, whichever is less. E. Bonus sign area. Monument signs may be increased as follows: 1. Twenty percent when the sign for a multiple- occupancy building or multiple - building complex utilizes uniform coloring, material, and lettering for all establishments in the building or complex; 2. Ten percent when the sign is installed in a landscaped planter having an area four times the area of the sign. Agenda Item 8. a. Unified Development Code Page 271 of 340 18.62.170 Grand opening /special event sign area. Bldg. /Gross Floor Area Sign Area Property Line Setback 5,000 sq. ft. or less 16 sq. ft. 5 ft. 5,001 - 10,000 sq. ft. 20 sq. ft. 5 ft. 10,001 - 35,000 sq. ft. 25 sq. ft. 10 ft. 35,001 - 60,000 sq. ft. 30 sq. ft. 10 ft. 60,001 - 75,000 sq. ft. 40 sq. ft. 10 ft. 75,001 - 100,000 sq. ft. 50 sq. ft. 15 ft. 100,000 + sq. ft. 60 sq. ft. 15 ft. Agenda Item 8. a. Unified Development Code Page 272 of 340 CHAPTER 18.63 - HISTORIC PRESERVATION 18.63.010 Intent The intent of this chapter is to provide for the identification, enhancement, perpetuation, and use of the historic resources within the City. 18.63.020 Yelm register of historic places The Yelm register of historic places is the local listing of properties where a significant event or pattern of events occurred. It may be the location of prehistoric or historic occupation or activities that may be marked by physical remains; or it may be the symbolic focus of a significant event or pattern of events that may not have been actively occupied. Listing on the Yelm register of historic places is an honorary designation denoting significant association with the historic, archaeological, engineering or cultural heritage of the community. Properties are listed individually or as contributing properties to an historic district. 18.63.030 Standards for listing on the register Prior to the commencement of any work on a register property, (excluding ordinary repair and maintenance and emergency measures) the owner must request and receive a certificate of appropriateness, or request removal from the register from the Yelm Historic Preservation Commission pursuant to Sections 18.15.060 and 18.15.070 YMC. Agenda Item 8. a. Unified Development Code Page 273 of 340 CHAPTER 18.64 - ZONING OVERLAYS 18.64.010 Intent It is the intent of this chapter to provide opportunity for greater flexibility in zoning and design requirements, encourage a variety of housing types, encourage infilling of skipped -over parcels in developed areas of the City and to provide for maximum efficiency in the layout of streets, utility networks and other public improvements. 18.64.020 Planned residential development A planned residential development encourages imaginative design and the creation of permanent open space by preserving or creating environmental amenities superior to those generally found in conventional developments, and by preserving to the greatest possible extent the natural characteristics of the land, including topography, natural vegetation, waterways, and views. A. Subdivision requirements. A planned residential development shall be exempt from the specific design requirements of a standard subdivision, except that when any parcel of land in a planned residential development is intended for individual ownership, sale, or public dedication, procedural and applicable state laws pertaining to the subdivision and conveyance of land and the preparation of maps shall be followed. B. Relationship of planned residential development site to adjacent areas. The design of a planned residential development shall take into account the relationship of the site to the surrounding areas. The perimeter of the planned residential development shall be designed to minimize undesirable impact of the planned residential development on adjacent properties and, conversely, to minimize undesirable impact of adjacent land use and development characteristics on the planned residential development. C. Buildings may have common walls and, therefore, be built to the property line as in townhouse construction. Wherever buildings are separated, a minimum distance of 10 feet shall be maintained between such buildings. D. Landscaping. Natural landscape features which are to be preserved, such as existing trees, drainage ways, rock outcroppings, etc., may be accepted as part of the landscaping plan when such natural features contribute to the attractiveness of the proposed development. 18.64.040 Mixed use development A mixed use development encourages imaginative design and the creation of open space in development by preserving or creating environmental amenities superior to those generally found in conventional developments and preserve to the greatest possible extent the natural characteristics of Agenda Item 8. a. Unified Development Code Page 274 of 340 the land, encourages development of a variety of housing types, and establish a method for utilizing potential zoned properties. A. Exemptions from certain provisions. 1. A mixed use development shall be exempt from the specific design requirements of a standard subdivision, except that when any parcel of land in a mixed use development is intended for individual ownership, sale, or public dedication, procedural and applicable state laws pertaining to the subdivision and conveyance of land and the preparation of maps shall be followed. B. Relationship to adjacent areas. 1. The design of the mixed use development shall take into account the relationship of the site to the surrounding areas. The perimeter of the mixed use development shall be so designed as to minimize undesirable impact of the mixed use development on adjacent properties and, conversely, to minimize undesirable impact of adjacent land use and development characteristics of the mixed use development. 2. Setbacks from the property line of the mixed use development area shall be comparable to or compatible with those of the existing development of adjacent properties or if adjacent properties are undeveloped, the type of development which may reasonably be expected on such properties given the existing zoning of such properties and the land use component of the Comprehensive Plan. 18.64.050 Townhouse development It is the intent of this section to provide for the development of townhouses within residential neighborhoods which may be conveyed as individually owned, separately platted lots. A townhouse is a one - family dwelling unit which is part of a group of two or more such units separated by common party walls having no doors, windows or other provisions for human passage or visibility through the common walls. Each one - dwelling unit in a townhouse is attached by not more than two party walls. A. Density standards and uses. 1. The basic density shall be the same as permitted by the underlying zone. 2. A townhouse lot shall contain a minimum area of 1,600 square feet and a minimum lot and building width of 20 feet. 3. No more than four abutting townhouses or townhouse clusters within the townhouse project site shall have a common front building setback. Variations in the setback of front building faces shall be at least four feet. 4. No townhouse dwelling any public right -of -way road or common open dwelling unit. Agenda Item 8. a. Unified Development Code Page 275 of 340 unit shall be located closer than 25 feet to nor within 15 feet of a private drive, access parking area to the front or rear of such a 5. Every lot containing a townhouse must provide a private yard of at least 300 square feet, oriented to either the building front, rear or side, enclosed visually by fences or walls at least five feet in height or plantings to screen first level views from adjacent units. 6. The minimum side yard requirement for end dwelling units in townhouse groups shall be the same as the underlying zone. For all dwelling units other than end dwelling units in subdivided townhouse developments, the common walls shall be designed with zero lot lines. 7. No portion of a townhouse, accessory structure or other building type in or related to one group or cluster of contiguous townhouses shall be nearer than 10 feet to any portion of a townhouse or accessory structure of another townhouse building or cluster. 8. When the only driveway is from the street, each pair of units must share a common curb cut. 9. Conversion of existing structures to a townhouse project will be permitted provided all townhouse development standards as outlined in this section can be satisfied. 18.64.060 Manufactured homes It is the intent of this section to permit the location of manufactured homes as a permanent form of dwelling unit, to provide standards for the development and use of manufactured homes, and to make a distinction between manufactured home communities and manufactured home subdivisions and their characteristics. A. Manufactured housing units shall comply with the following requirements: 1. Homes shall be set below grade on ribbon - footings and a permanent foundation shall be constructed around the perimeter. No more than 12 inches of the perimeter foundation shall be visible or above the finish grade of the lot. 2. 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 fully enclosed parallel sections with a total width of at least 24 feet and a length of Agenda Item 8. a. Unified Development Code Page 276 of 340 at least 36 feet. 3. The age of a manufactured home, as reflected on the title, shall not exceed a maximum of five years at the time of installation. B. Manufactured housing communities shall comply with the following requirements: 1. The minimum lot size for a manufactured housing community shall not be less than three acres, nor more than 15 acres. 2. Yard setbacks along the perimeter of the property shall be 15 feet from the required buffer. 3. The minimum lot size and width shall be 4,000 square foot lot size average, a minimum 40 feet wide and 80 feet deep. 4. A 10 foot dense sight barrier landscape buffer and six -foot 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 solid wood fence shall be placed 10 feet inside the perimeter property line. 5. Each manufactured home site shall have access from an interior drive or roadway only. 6. Access to the manufactured housing community shall be limited to not more than one driveway from a public street or road for each 200 feet of frontage. 7. In addition to the parking requirements of Chapter 18.53 YMC, a minimum seven -foot parking on each side of the street or minimum seven -foot parking on one side of the street and a parking area for guests of at least one space for each five homes. Parking areas shall be located in a centralized location(s). 8. No manufactured housing community shall be constructed to block connecting streets shown or proposed as part of the Yelm Comprehensive Plan. 9. All interior private streets of the community shall have minimum eleven foot drive lanes. 10. Manufactured home communities shall connect with traffic and pedestrian ways on all abutting or connecting streets. 11. 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. 12.A minimum four -foot internal walkway shall connect each space with common areas, internal roads, public streets and parking areas. All Agenda Item 8. a. Unified Development Code Page 277 of 340 walkways must be separated, raised, or protected from vehicular traffic and provide access for handicapped persons. 13. Accessory Buildings or structures accessory to the manufactured housing 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. Agenda Item 8. a. Unified Development Code Page 278 of 340 CHAPTER 18.65 — HOME OCCUPATIONS 18.65.010 Intent It is the intent of this section to permit residents of the community a broad choice in the use of their homes as a place of livelihood, and the production of supplementing of personal /family income, while protecting residential areas from potential adverse impact of activities defined as home occupations. Home occupations are activities conducted for financial gain or profit in a dwelling unit, incidental or secondary to the residential use, and conducted only by the person(s) residing in the dwelling unit. 18.65.020 General requirements A. Home occupations shall occupy not more than 25 percent of the total floor area of the residence. In no event shall such occupancy exceed 400 square feet, nor shall an accessory building for such home occupation exceed 500 square feet, nor shall the total floor area in the residence and /or an accessory building exceed 500 square feet. B. Any occupation which may produce waste products of a quality or quantity not normally associated with residential use shall not qualify as a home occupation. C. Home occupations shall comply with all other local, state or federal regulations pertinent to the activity pursued, and the requirements or permission granted or implied by this chapter shall not be construed as an exemption from such regulations. 18.65.030 Development and performance standards A. Exterior structural alterations or additions or the use of accessory buildings for home occupations shall be so designed and built as to maintain or preserve the residential character of the premises. In no event shall such structural alterations or additions exceed the Engineering Specifications and Standard Details permitted for structures in the zoning district in which the premises are situated; B. Traffic generated by home occupations shall not exceed three commercial vehicles per week. All parking of customers' or clients' vehicles shall be off street; C. Off - street parking spaces shall not be reduced in size or number below the minimum required in the district, nor used for any purpose other than parking; D. When merchandise, material or equipment is stored, altered, repaired or displayed, such storage, alterations, repairs or displays shall be entirely within the residential structure or in an accessory building which meets Agenda Item 8. a. Unified Development Code Page 279 of 340 the criteria of Section 18.64.030(A), except as provided in Section 18.51.050 YMC. E. Home occupation signs shall be wall- mounted and shall not exceed four square feet in area, and cannot be internally illuminated, but may be indirectly illuminated. Agenda Item 8. a. Unified Development Code Page 280 of 340 CHAPTER 18.66 — ADULT ENTERTAINMENT BUSINESSES 18.66.010 Intent It is the intent of this chapter to provide standards for the location and operation of adult entertainment business. This includes all adult oriented businesses including adult arcades, adult bookstores, adult novelty stores, adult video stores, and similar adult uses, adult entertainment parlors and adult live entertainment centers. 18.66.020 General standards for adult entertainment businesses Adult entertainment businesses shall conform to the minimum standards of the underlying zone, as well as the following general standards. A. A pre- submission conference shall be required. B. All on -site parking areas and premises entries of adult entertainment uses shall be illuminated from dusk until one hour past closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot - candle of light on the parking strips and /or walkways. An on- premises exterior lighting plan shall be presented to and approved by the department of community development prior to the operation of any such use. C. All parking must be visible from the fronting street. Access to the exterior rear of the building shall be denied to any persons other than employees or public officials during the performance of their respective duties and tasks by means of fencing as approved by the Site Plan Review Committee. D. In addition to the requirements of Chapter 18.60 YMC, the following provisions shall be followed: 1. There shall be no electronic reader boards or changing message center signs; 2. All adult entertainment businesses shall have facades, exteriors, and exits which must be indistinguishable from surrounding buildings. Illustrations to include silhouettes, depicting partially or totally nude males and /or females shall not be posted or painted on any exterior wall of the building used for such businesses or on any door or apparatus attached to such building. E. No alteration of the configuration of the interior of the adult entertainment business or enlargement of the floor space occupied by the premises may be made after obtaining a license, without the prior approval of the community development department. F. Buffering requirements shall be measured by following a straight line without regard to intervening buildings from the nearest point of the Agenda Item 8. a. Unified Development Code Page 281 of 340 property parcel upon which the proposed use is to be located to the nearest point of the parcel of property or the zone classification boundary line from which the proposed land use is to be separated. 1. No adult entertainment business shall be located closer than six 660 feet from another adult entertainment business, whether such other business is located within or outside the City limits; 2. No such adult entertainment business shall be located closer than 660 feet from the following use or zone, whether such use or zone is located within or outside the City limits: a. All public facilities, including public and private schools, parks, libraries, etc.; b. Property used for state - certified day care; c. Property used for community teen centers; d. Property used for churches, cemeteries or other religious facilities or institutions; e. Property used for residential and lodging uses and property zoned primarily for residential uses, including R -4, R -6 and R -14 zones; f. Property used for organizations, associations, facilities and businesses which provide, as a substantial portion of their activities, function or business, the provision of services to children and /or youth, so that the premises of the organization, facility or business would have children and youth in attendance or at the location during a predominant portion of the operational hours of an adult entertainment facility. 18.66.030 Exemptions This chapter does not prohibit video stores that sell and /or rent only video tapes or other graphic reproductions when 20 percent or less of its stock in trade or revenue comes from the rental or sale of video tapes or other photographic reproductions considered adult, plays, operas, musicals, or other dramatic works, classes, seminars and lectures which are held for serious scientific or educational purposes, exhibitions, performances, expressions and or dances that are not obscene. These exemptions do not apply to sexual conduct described in Section 7.48A.010 RCW. Whether or not activity is obscene shall be judged by consideration of the standards set forth in Section 7.48A.010 RCW. 18.66.040 Adult entertainment businesses effect on other laws Provisions of this chapter shall not have the effect of authorizing any activities prohibited by state law or other provisions of this code. Agenda Item 8. a. Unified Development Code Page 282 of 340 CHAPTER 18.67 — DAY -CARE FACILITIES 18.67.010 Family home child care providers A family home child care, in the home where the licensee resides and is the primary provider for 12 or fewer children, shall be permitted in all zoning districts of the City where residential structures are permitted, subject to the following conditions: A. Such homes shall comply with all building, fire safety and health codes and obtain a business license from the City for such a business; B. Each family home child care provider shall be limited to one flush -wall sign having a maximum area of two square feet; C. No structural or decorative alteration which will alter the single - family character of an existing or proposed residential structure or be incompatible with surrounding residences will be allowed. 18.67.020 Child day -care centers A child day -care center providing care for a group of 12 or more children, licensed by the state of Washington as provided for herein, shall be permitted under the conditions set forth in this section after registration with the City as provided in this chapter, subject to the following conditions: A. All child day -care centers, whether required to have a special use permit or not, shall comply with all building, fire safety, traffic safety, health code, business licensing, setback, screening, landscaping, parking, signage, lot size, building size and lot coverage requirements of this code, including any requirements specific to the district in which said center is located. B. No child day -care center shall be located in a private family residence unless the portion of the residence to which the children have access is separate from the usual living quarters of the family or is used exclusively for the children during the hours the center is in operation. Agenda Item 8. a. Unified Development Code Page 283 of 340 CHAPTER 18.68 — MARIJUANA RETAILERS 18.68.010 Intent It is the intent of this chapter to uphold the provisions of the Washington State requirements for the location of marijuana retailers. 18.68.020 Design standards No retail outlet for the sale of marijuana concentrates, useable marijuana, and marijuana- infused products shall be located within 1,000 feet of the perimeter of the grounds of any private or public school (including pre- schools, kindergartens, elementary schools, and secondary schools), playground, recreation center or facility, child care center, public park, public transit center, or library, or any game arcade admission to which is not restricted to persons aged 21 years or older. Agenda Item 8. a. Unified Development Code Page 284 of 340 CHAPTER 18.69 — SECURE COMMUNITY TRANSITION FACILITIES 18.69.010 Intent It is the intent of this chapter to provide for the location of secure community transition facilities, and /or less restrictive alternative housing pursuant to Chapter 71.09 RCW. 18.69.020 General requirements A. The City will only accept a complete application for a secure community transition facility if the mandated three -bed facility has not yet been provided for anywhere within Thurston county. B. No more than three people, other than staff, shall occupy a secure community transition facility. If the state requires the county to accommodate additional committed sex offenders thereafter, the Hearing Examiner may authorize increased occupancy, up to a maximum of six offenders. C. Sites proposed for a secure community transition facility shall not be located within 500 feet of a residence or a residential lot. D. Secure community transition facilities shall not be located adjacent to, immediately across a street or parking lot from, or within the line of sight from the following risk potential activities or facilities: 1. Schools (public and private, kindergarten through college) or potential school sites owned by the school district or private school; 2. Licensed pre - schools, child care homes and day -care centers; 3. Sports fields, playgrounds, parks and teen centers; 4. Places of worship; 5. School bus stops; 6. Property used for organizations, associations, facilities and businesses which provide, as a substantial portion of their activities, function or business, the provision of services to children and /or youth; 7. Public libraries; 8. Trails used by the general public to access schools and parks. E. An eight- foot -high fence, in character with the surrounding area, between the facility and all property boundaries is requried. The Hearing Examiner may waive or lessen this requirement if he /she determines that, due to existing site features or the type or character of adjoining uses, the privacy and security of the occupants of adjoining properties can be maintained in the absence of a fence or with a lower fence. F. The facility shall have a backup power source. Agenda Item 8. a. Unified Development Code Page 285 of 340 CHAPTER 18.70 — WIRELESS COMMUNICATION FACILITIES 18.70.010 Intent It is the intent of this chapter to A. Manage the location of wireless communication facility (WCF) towers and antennas in the City of Yelm. A WCF is a facility for the transmission and /or reception of radio or microwave signals used for commercial communications. A WCF can be either freestanding (equipment mounted on a freestanding support structure), or attached (equipment affixed to or erected upon existing buildings, utility poles, or other existing structures). B. Protect residential areas and other land uses from potential adverse impacts of WCFs; C. Minimize adverse visual impacts of WCFs through careful design, siting, landscape screening, and innovative camouflaging techniques; D. Accommodate an increased need for WCFs to serve the wireless communications needs of City residents; E. Promote and encourage co- location on freestanding WCFs as an option rather than construction of additional single -use WCFs, and reduce the number of such structures needed in the future. Co- location means the use of a single support structure and /or site by more than one wireless communications provider. F. Consider the public health and safety of WCFs to the extent permitted by federal law; particularly the 1996 Federal Communications Act and regulations promulgated by the Federal Communications Commission (FCC); and G. Avoid potential damage to adjacent properties through sound engineering practices and the proper siting of WCFs. 18.70.020 Exemptions The following are exempt from the provisions of this chapter: A. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the Federal Communications Commission (FCC); B. Antennas and related equipment that are being stored, shipped, or displayed for sale; C. Radar systems for military and civilian communication and navigation; D. Wireless radio utilized for temporary emergency communications in the event of a disaster; Agenda Item 8. a. Unified Development Code Page 286 of 340 E. Licensed amateur (ham) radio stations; F. Residential antenna's; G. Satellite dish antennas less than two meters in diameter, including direct to home or business satellite services, when used as an accessory use on a property; H. Routine maintenance or repair of a WCF and related equipment; I. Subject to compliance with all other applicable standards of this chapter, a building permit application need not be filed for emergency repair or maintenance of a WCF until 30 days after the completion of such emergency activity; J. A "cell on wheels" (COW) or other temporary WCF for a maximum of 90 days during an emergency declared by the federal, state, or local government; K. AM /FM radio and television broadcast facilities or towers. 18.70.030 Location A. Priority locations: 1. Place antennas and towers on public property if practicle 2. Place antennas on appropriate rights -of -way and existing structures, such as building, towers, water towers and smokestacks. 3. Place antennas and towers in the Industrial (I), Large Lot Commercial (C -3) and Heavy Commercial (C -2) zoning districts. B. Secondary locations: 1. Place antennas and towers in the Commercial (C -1), Central Business District (CBD), and residential districts. C. Prohibited locations: 1. WCFs are prohibited on day -care center properties, properties immediately adjacent to day -care centers, public or private schools, properties immediately adjacent to public or private schools. 2. Attached WCFs are prohibited on single- or two - family dwellings. 3. WCFs are prohibited on sites or structures which are on federal, state, or county recognized historic registers. 4. WCFs are prohibited within critical areas and critical area buffers. 18.70.040 Third party technical review The Site Plan Review Committee may require technical review by a third party as part of the permit review process. The selection of the third party expert shall be by mutual agreement by the provider and the Site Plan Agenda Item 8. a. Unified Development Code Page 287 of 340 Review Committee. The costs of the technical review shall be borne by the applicant. Based on the results of the expert review, the Site Plan Review Committee may require changes to the WCF applicant's submittal. A third party technical review may include, but is not limited to, a review of: A. The technical accuracy and completeness of submissions; B. The technical applicability of analysis techniques and methodologies; C. The validity of conclusions reached by the applicant; and /or D. Other specific technical issues as identified by the Site Plan Review Committee. 18.70.050 Co- location To minimize adverse visual impacts associated with the proliferation of WCFs, co- location is encouraged. The City may deny an application to construct new facilities if the applicant has not made a diligent effort to mount the facilities on an existing freestanding WCF or other communication tower. At a minimum, this requires an assessment of any existing towers that have the location, as well as the existing or potential height, structural capability and equipment structure area, to serve the applicant's needs, a written request to those tower owners to co- locate on their facilities, and a good faith effort to work with those tower owners to co- locate. 18.70.060 Design standards for freestanding WCFs. A. Maximum height. 1. 150 feet including antennas for WCFs located in a priority location or 60 feet in a secondary location. 2. Modification to the maximum height may be granted by the approval authority if the applicant can show by clear and convincing evidence that the additional height is necessary to provide adequate service to the residents of the City and no other alternative with lesser impacts is available. B. Setbacks. The setback shall be measured from the base of the WCF tower to the property line of the parcel on which it is located. 1. 110 percent of tower height, including antennas. 2. A maximum 50 percent reduction to the setbacks may be granted by the approval authority, in a priority location only, if the WCF is built to a minimum wind stagnation pressure of 100 miles per hour, and an exposure and gust coefficient factor of C as listed in Tables 16 -F and 16 -G of the 1997 uniform building code, as amended. 3. Further reduction to a minimum setback of 50 feet may be granted by the approval authority, in a priority location only, if the applicant Agenda Item 8. a. Unified Development Code Page 288 of 340 can demonstrate that without adding more than minimal screening the alternate location is substantially screened on all sides by existing vegetation, buildings or topography, or that such location better preserves view corridors for adjacent property owners and the public. C. Co- location. All freestanding WCFs shall be designed and constructed to fully accommodate at least two additional WCF providers, including an area for each co- locator's equipment near the base of the tower, each comparable in size to the area required by the applicant, unless the applicant demonstrates why such design is not feasible for technical or physical reasons. D. Separation. 1. Freestanding WCFs shall be a minimum of 1,400 feet from another freestanding WCF or other communication tower. 2. Separation distances shall be measured from tower to tower regardless of property lines and roadways. 3. The separation may be reduced by up to 50 percent under the following circumstances: a. Where the proposed freestanding WCF and an existing freestanding WCF or other communication tower are within a priority location; b. Where the proposed freestanding WCF and an existing freestanding WCF or other communication tower are within substantially different view corridors as determined by the approval authority; or c. Where it is clearly demonstrated by the applicant that from a technical standpoint a reduced separation is necessary. 4. Freestanding WCFs may be clustered within all industrial districts so long as all WCFs within the cluster are more than 500 feet from residential zoning districts and any property with an existing residence. E. Siting and screening. 1. Siting. Significant visual impacts of a WCF, from the front and rear of any residence on adjacent properties and for any residence across the roadway from the WCF, shall be minimized to the maximum extent feasible through careful siting. 2. Color. WCF towers and antennas shall have a nonglare finish in a gray, blue, green or other color to blend with the surroundings or horizon unless a different color is required by the FCC or FAA. The finish must be approved by the approval authority. 3. Screening. If the area within 50 feet of the site perimeter is treed Agenda Item 8. a. Unified Development Code Page 289 of 340 such that substantial year -round screening of the WCF site is provided, as determined by the approval authority: prior to the issuance of building permits, the applicant shall cause an easement signed by the property owner to be recorded with the county auditor establishing a tree retention buffer. A copy of the recorded easement shall be provided to the planning department. The buffer shall be a minimum of 50 feet wide and shall extend around the perimeter outside of the fenced tower site, excluding the access point. This buffer must extend into the adjacent property if the tower setback has been reduced such that the buffer will not fit entirely on the subject property. The approval authority may require the buffer area to be enhanced to provide the desired level of screening for the ground level facilities. Any tree within the buffer that dies or is removed due to disease or wind throw shall be replaced during the next planting season with a minimum of two conifer trees a minimum of six feet in height at the time of planting. The buffer shall be maintained so long as the tower is located on the site. If site is not a treed area: a minimum 20 foot -wide buffer around the perimeter outside of the fenced site, excluding the access point, shall be planted with site - obscuring conifer trees. The trees shall be planted six feet on center in at least three offset rows. The trees shall be a minimum of six feet in height at the time of planting and shall be maintained in a green and growing state so long as the tower is on the site. Planting shall occur prior to the tower becoming operational. The approval authority may modify the screening requirements where existing structures on -site, existing vegetation along the parcel perimeter, or topography provide adequate screening. F. Security. 1. A minimum six -foot high chain link fence with privacy slats and topped with three strands of barbed wire shall be installed around the perimeter of the site for public safety and security purposes. Alternate methods of fencing may be approved if a level of public safety and security similar to that provided by the previously described fence can be clearly demonstrated. The fence and privacy slats shall be a deep green or other color which blends in with the surrounding environment. The fence will require a building permit. Access to the tower shall be through a locked gate. 2. All freestanding WCFs shall be fitted with anti - climbing devices. G. Parking /access. At least one parking space, plus adequate turnaround area, shall be provided. The access road, parking and turnaround areas Agenda Item 8. a. Unified Development Code Page 290 of 340 shall have paved, gravel or other all- weather surface. The access road must be a minimum of 10 feet wide. H. Signals, lights and signs. No signals, lights or signs shall be permitted on a WCF unless required by the FCC or FAA, except that all WCFs shall have a sign posted on the access gate with the WCF provider name, contact phone number and emergency phone number on it. I. Outdoor storage. Outdoor storage of motor vehicles or materials associated with the WCF is prohibited outside of the fenced area installed pursuant to subsection F of this section. J. Noise and interference. WCFs shall not exceed noise standards as defined in Chapter 173 -60 WAC or cause interference with electrical, transmission or reception functions or cause similar disturbances. 18.70.070 Design standards for attached WCF's A. Maximum height. In a priority location, 28 feet above the building roof or top of structure on which it is mounted. In a secondary location, 10 feet above the building roof or top of structure on which it is mounted. B. Wall- mounted. If the antenna is mounted on a wall, it shall be as flush to the wall as technically possible. C. Architectural compatibility, screening and camouflaging. The antenna shall be architecturally compatible with the building and wall on which it is mounted, and shall be constructed, finished, or fully screened to match as closely as possible the color and texture of the building and wall. Such facilities will be considered architecturally and visually compatible if they are camouflaged to disguise the WCF or designed to blend with the building on which it is mounted. D. Equipment structures. Equipment structures mounted on a building roof shall either be hidden from view at ground level off -site or have a finish similar to the exterior building walls. Equipment for an attached antenna may also be located within the building on which the antenna is mounted. E. Signals, lights, and signs. No signals, lights or signs shall be permitted on an attached WCF unless required by the FCC or FAA. F. Outdoor storage. Outdoor storage of motor vehicles or materials associated with the WCF is prohibited. G. Noise and interference. WCFs shall not exceed noise standards as defined in Chapter 173 -60 WAC or cause interference with electrical, transmission or reception functions or cause similar disturbances. Agenda Item 8. a. Unified Development Code Page 291 of 340 18.70.080 Design standards for WCF ground- mounted equipment structures A. Maximum height. 10 feet. B. Fenced enclosure. Equipment structures shall be within a fenced enclosure, unless associated with an attached WCF. Equipment structures associated with attached WCFs and located outside fencing must meet all building setbacks, screening and other standards of the underlying zoning district and must be designed to be architecturally compatible with the building near which it is placed. 18.70.090 Maintenance of facilities All WCF facilities must be maintained in a good and safe condition, including fencing and landscaping buffers, and in a manner that complies with all applicable federal, state and local requirements. 18.70.100 Abandonment A. No less than 30 days prior to the date that a WCF provider plans to abandon or discontinue operation of a facility, the WCF provider must notify the City by certified U.S. mail of the proposed date of abandonment or discontinuation of operation. In the event that a WCF provider fails to give notice, the facility shall be considered abandoned upon the City's discovery of discontinuation of operation. Upon such abandonment, the WCF provider or landowner shall remove the WCF and restore the site, or reactivate the WCF within one year. B. City approval for the WCF shall expire one year from abandonment or immediately upon removal, whichever occurs earlier. 18.70.110 Radio frequency standards A. The applicant shall comply with federal standards for radio frequency emissions. Within six months after the issuance of its operational permit, the applicant shall submit a project implementation report which provides cumulative field measurements of radio frequency emissions of all antennas installed at the subject site and compare the results with established federal standards. Said report shall be subject to review and approval by the City Council for consistency with federal standards. If on review, the City Council finds that the WCF does not meet federal standards, the report shall include a recommendation as to whether or not the City Council should revoke or modify the site plan review or special use permit, subject to appeal as provided Chapter 18.14 YMC as may be applicable. B. The applicant shall ensure that the WCF will not cause localized interference with the reception of area television or radio broadcasts. If on review the City finds that the WCF interferes with such reception, and Agenda Item 8. a. Unified Development Code Page 292 of 340 if such interference is not cured within 60 days, the City may revoke or modify the site plan review or special use permit. Agenda Item 8. a. Unified Development Code Page 293 of 340 ORDINANCE NO. 995 EXHIBIT B Title 15 Yelm Municipal Code Franchises TITLE 15 FRANCHISES ralbile of Coirdeints Agenda Item 8. a. Unified Development Code Page 294 of 340 TITLE15 .................................................................................................................................... ..............................1 FRANCHISES............................................................................................................................. ..............................1 15.86.010 FINDINGS ..................................................................................................................... ............................... 1 15.86.020 PURPOSE ..................................................................................................................... ............................... 5 15.86.030 DEFINITIONS ................................................................................................................. ............................... 5 15.86.040. FRANCHISE REQUIRED ................................................................................................... ............................... 8 15.86.050 FRANCHISE APPLICATION; FEES; DEPOSIT ........................................................................... ............................... 9 15.86.060 DETERMINATION BYTHE CITY ......................................................................................... ............................... 11 15.86.070 AGREEMENT ............................................................................................................... ............................... 12 15.86.080 APPLICATION OF CHAPTER 15.72 YMC ........................................................................... ............................... 13 15.86.090 NONEXCLUSIVE FRANCHISE ............................................................................................ ............................... 13 15.86.100 USE GRANTED ............................................................................................................. ............................... 14 15.86.110 TERM OF FRANCHISE .................................................................................................... ............................... 14 15.86.120 FRANCHISE AREA ......................................................................................................... ............................... 14 15.86.130 CONSTRUCTION PERMITS .............................................................................................. ............................... 14 15.86.140 AMENDMENT OF FRANCHISE .......................................................................................... ............................... 14 15.86.150 RENEWAL APPLICATIONS ............................................................................................... ............................... 14 15.86.160 RENEWAL DETERMINATIONS .......................................................................................... ............................... 15 15.86.170 OBLIGATION TO CURE AS A CONDITION OF RENEWAL ......................................................... ............................... 15 15.86.180 No WAIVER ................................................................................................................ ............................... 15 15.86.190 SUBJECT TO AUTHORITY ................................................................................................ ............................... 15 15.86.200 VIOLATION; PENALTIES ................................................................................................. ............................... 16 Agenda Item 8. a. Unified Development Code Page 295 of 340 15.86.010 Findings. A. The City right -of -way is critical for personal travel and the transport of goods, that the City uses the right -of -way to provide critical services to its citizens, including public safety and electric, water, sewer, and other utilities, and that right -of -way is intended for public use and must be managed and controlled consistent with that intent; in particular, that the right -of -way should be managed so that the installation, maintenance, and operation of a utility system does not unreasonably interfere with public use. B. The public right -of -way can be partially occupied by private utilities and other public service entities for facilities used in the delivery, conveyance, and transmission of utility and public services to the enhancement of the health, welfare, and general economic well -being of the City, the region and its residents and businesses. C. The public right -of -way is a valuable and scarce community resource physically limited in dimension requiring the City to manage it for the most efficient and best use and to minimize the costs to the taxpayers of the foregoing uses, to protect against foreclosure of future economic expansion because of premature exhaustion of the public right -of -way as an economic resource, and to minimize the inconvenience to and negative effects upon the public from such facilities' construction, emplacement, relocation, and maintenance in the public right -of -way. D. The public right -of -way within the City belongs to the public and is built and maintained at public expense for the use of the general public, the primary purpose of which is public travel, and must be managed and controlled consistent with that intent. E. The City has an obligation under state law to plan for and implement transportation improvements and must identify sources for future transportation improvements and maintenance of the public right -of- way. F. The use of public right -of -way for uses unrelated to public travel, such as water mains, gas pipes, pipelines, and telecommunications and cable facilities, is secondary and subordinate to the primary use for travel; such secondary use is permissible only when not inconsistent with the primary purpose of the establishment of such public right -of -way, and such use by a private business is a mere privilege under state law and there is no inherent right in a private individual to conduct private business in the public streets. G. The City has the authority to develop and implement public right -of -way policies, management principals, standards, and regulatory ordinances in order to balance the interests of both secondary and primary uses of the Agenda Item 8. a. Unified Development Code Page 296 of 340 public right -of -way, meet the obligations of local government to manage and maintain the public right -of -way, ensure the efficient use of the public right -of -way, and protect the public health, safety, and welfare. H. Public right -of -way management is a substantial and legitimate public interest and requires establishment of appropriate standards for the use of the public right -of -way that take into account, among other things: 1. Availability of and demand for a variety of services and delivery technologies has dramatically increased the demand for use of the public right -of -way; 2. The present and future use of the public right -of -way; 3. The potential disruption to existing users of the public right -of -way and resultant inconvenience; 4. Protection of the public and the City from any harm that may flow from such private use of public right -of -way; 5. The desire to encourage competition; 6. The need to establish standard terms and conditions so that operators with facilities located in the public right -of -way will have notice of how it may use the public right -of -way; 7. The City's obligation to carry out its regulatory authority in a manner consistent with federal and state law; 8. The City's right to recover its regulatory and administrative costs; and 9. The City's obligation to protect its interests in using the public right - of -way for the provision of services to the public, other governmental agencies, and itself. I. The City has an obligation to ensure the orderly and efficient use of this limited resource among multiple users and to treat all users fairly while preserving public safety, essential services, and economical access to its own facilities which have added greatly to the complexity of modern public right -of -way management. J. The failure of service providers to abide by public right -of -way management standards and the failure of local government to adequately control the public right -of -way can lead and has led to damage to the use of the public right -of -way and other property interests such as: 1. Explosion of facilities in the public right -of -way; 2. Forced evacuation of homes; Agenda Item 8. a. Unified Development Code Page 297 of 340 3. Spillage of raw sewage; 4. Broken water mains resulting in flooding and damage to property; 5. Severing of communications and power lines; 6. Interruption of emergency communications systems; 7. Damage to public streets and sidewalks; 8. Hazards from improperly installed overhead facilities; 9. Excavations made without notice to the City; 10. Excavations and restorations done in violation of community standards; 11. Use of improper materials and methods in restoring utility street cuts; 12. Slow repairs that inconvenience the traveling public; 13. Poor workmanship in trench reinstatement and pavement restoration; 14. Public dissatisfaction with traffic delays and interrupted utility service; 15. Disruption of adjoining public facilities such as gutters and sidewalks; 16. Damage to adjoining utility facilities disturbed by improper excavation; 17.Increased maintenance costs from repeatedly cutting pavement to access utilities; 18. Increased danger for the public and excavators; and 19. Street cuts into the public right -of -way that significantly diminish the average life of the street. K. The requirement of a performance bond or security fund ensures that work done in the public right -of -way complies with or can be made to comply with permitting and other requirements that ensure public safety and limit liability of the City. L. Insurance and indemnity requirements protect the City from monetary loss in the event of City liability due to acts of the secondary users of the public right -of -way. M. The City should not be exposed to liability of any kind as a result of the presence in the public right -of -way of the facilities of secondary users because the secondary user controls the design, construction, and installation of those facilities, profits from use of those facilities, is better suited and positioned to protect against such harms, and, but for the existence of those facilities, no injury would have occurred. Agenda Item 8. a. Unified Development Code Page 298 of 340 N. Insurance, bonding, indemnity, non - recourse, and other financial security requirements serve important and substantial government interests and are reasonable requirements necessary to protect the public health, safety, and welfare and to protect the City from financial loss from liability arising from acts of third parties operating within and using the public right -of -way. O. The City has a substantial government interest in knowing the identity of those persons with facilities in its public right -of -way so that it may, among other things, provide notice of hazardous or defective conditions, violations of regulatory or contractual requirements, joint trenching opportunities, relocation requirements for public or private improvements, identify locations of facilities, or identify the proper parties in the event of litigation. P. The City has a substantial government interest in requiring notice and approval of a transfer of the rights, duties, and obligations of those persons permitted to be in the public right -of -way to ensure that the City does not lose any legal rights or protection as a result of the transfer, to ensure that such persons are aware of and agree to comply with all rights, duties, and obligations previously agreed to, to ensure that companies do not simply transfer agreements to avoid complying with regulatory or contractual requirements, and to ensure that the City has accurate contact information for the operator of the facilities in the public right -of -way in the event of an emergency. Q. Increasing demand for use of public right -of -way is causing, and will continue to cause, local governments to expand management services and responsibilities, including more frequent inspections, repairs, and re- paving, sophisticated mapping technologies and systems, and increased personnel. R. The City has a substantial government interest in requiring persons with facilities in the public right -of -way to provide record drawings and descriptions of its facilities so that, among other things, the City may assess the potential disruption of the public right -of -way during construction and installation, so that the City can plan future improvements and installations within the public right -of -way, so the City can assess the physical capacity of the public right -of -way; so the City can provide notice to other users of the public right -of -way of the location of facilities to avoid disruption to such facilities and unnecessary excavation, so the City can determine appropriate amounts of bonding, insurance, and other requirements to protect the public health, safety, and welfare, and so the City can ensure compliance with its regulatory requirements and the terms and conditions of its agreements with the secondary users. Agenda Item 8. a. Unified Development Code Page 299 of 340 S. The recovery of administrative costs incurred by the City in preparing, considering, and authorizing the use, construction, or installation of facilities within the public right -of -way is a cost of regulation and management of the public right -of -way and authorized under state and federal law. T. Construction and operation of facilities in the public right -of -way is intrusive and disruptive, and requires the City to manage the number of times its citizens must bear the inconvenience of having its streets excavated and the best times for it to occur. 15.86.020 Purpose. The purpose of this chapter is to exercise the City's lawful statutory and police power authority to regulate in the public interest the use of the right - of -way by establishing procedures for the granting and termination of utility franchises and by prescribing the rights, duties and obligations of a utility operating within the rights -of -way. 15.86.030 Definitions. The following terms, phrases, words and their derivations as used in this Chapter shall have the meanings given herein. Words not defined herein shall have the meaning given in Section 15.52.020 or Section 1.04.010 of the Yelm Municipal Code. Words not defined herein or in Chapter 15.52 Chapter 1.04 of the Yelm Municipal Code, shall have the meaning given pursuant to such federal statutes, rules, or regulations that apply to and regulate the services provided by the Grantee. Words not otherwise defined, shall be given their common and ordinary meaning. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word "shall" is always mandatory and not merely directory. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority. If specific provisions of law, regulation or rule referred to herein be renumbered, then the reference shall be read to refer to the renumbered provision. " "Administrator" means the Yelm City Administrator, or his /her designee. " "Applicant" is the entity to which a franchise will be granted. " "Authorized Person" is the person authorized by applicant to complete and file an application on behalf of Applicant and who is authorized to receive any notices on behalf of applicant of any action taken by the City regarding the franchise application. " "City" means City of Yelm. Agenda Item 8. a. Unified Development Code Page 300 of 340 " "Council" or " "City Council" means the City Council of the City of Yelm. " "Director" means the director of the City of Yelm public works department. "Franchise" refers to the authorization, and the terms and conditions thereof, granted by the City to a utility operator, giving the utility operator the non - exclusive right to occupy the space, or use utility facilities upon, across, beneath, or over any right -of -way within the franchise area to provide utility service. Any franchise shall be issued in the form of an ordinance, and must be accepted by the grantee to become effective in the time and manner specified in the Yelm Municipal Code or the franchise ordinance. Such Franchise shall not include or be a substitute for: 1. Any other license or authorization required for the privilege of transacting and carrying on business within the City; 2. Any permit, agreement, or authorization required in connection with operations on or in public streets or property, including, by way of example and not limitation, utility permits; or 3. Any permits or agreements for occupying any other property in the City for which access is not specifically granted by the franchise including, without limitation, permits and agreements for placing devices on or in poles, conduits, other structures, or railroad easements, whether owned by the City or a private entity. "Franchise Area" means the area of the City that a utility operator is authorized to serve by the terms of its franchise or by operation of law. " "Franchise Ordinance" shall mean the ordinance granting a franchise to an applicant. "Grantee" means utility operators granted rights and bound by obligations as more fully described in a franchise granted pursuant to this Chapter. " "Ordinance" shall, unless a different meaning is intended, mean and refer to the ordinance enacting the provisions of this Chapter 15.86 of the Yelm Municipal Code. " "Overhead facilities" means utility facilities located above the surface of the ground, including the underground supports and foundations for such facilities. "Person" means and refers to corporations, companies, associations, firms, partnerships, limited liability companies, other entities and individuals; provided that, this term shall not mean or refer to the City of Yelm. "Rights -of -way" of "Right -of -way" means and includes the surface of and space above and below any property in the City in which the City has any Agenda Item 8. a. Unified Development Code Page 301 of 340 interest whether in fee, through right of way dedication, easements or otherwise, or interest as a trustee for the public, as they now or hereafter exist, and used or dedicated for public transportation, including, but not limited to, all public streets, highways, avenues, roads, reservoirs, alleys, sidewalks, tunnels, viaducts, bridges, skyways, parks, trails, or any other public place, area or property under the control of the City. "State" means the state of Washington. "Underground facilities" means utility facilities located under the surface of the ground, alone or in combination, direct buried or in utility tunnels or conduits, excluding the underground foundations or supports for overhead utility facilities. " "Utility" or " "Utility operator" means any person owing, operating, managing or maintaining a water, sanitary sewer, storm - water, electric energy, street light, or petroleum or natural gas pipeline, whether or not utility service is made generally available to the public. " "Utility facilities" or " "facilities" means the plant, equipment and property including, but not limited to, the poles (with or without cross - arms), wires, lines, pipes, mains, conduits, ducts, cables, mains, laterals, conduits, feeders, regulators, braces, guys, anchors, vaults, meters, meter - reading devices, communication systems, distribution and transmission systems, and any and all other equipment, appliances, attachments, appurtenances and other items necessary, convenient, or in any way appertaining to any and all of the foregoing, located under, on or above the surface of the ground within rights -of -way and used or to be used for the purpose of providing utility services. " "Utility service" shall mean the service or services provided by the utility operator. " "Utility System" shall mean collectively the utility facilities that together with other facilities, appurtenances and equipment of grantee or other persons are used to provide a utility service or services whether or not such service is provided to the public in general. " "Washington Utilities and Transportation Commission" or " "WUTC" means the state administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers and telecommunications services in the state of Washington to the extent prescribed by law. " "YMC" means the Yelm Municipal Code. Agenda Item 8. a. Unified Development Code Page 302 of 340 15.86.040. Franchise Required. A. Franchise Required. No utility operator shall own, manage, maintain, or operate utility facilities within the right -of -way without having in place a current and valid franchise except as provided in the subsections below. B. Transitional provisions. The operator of any utility facility, the operation of which is required to be franchised under this Chapter, shall have six (6) months from February 12, 2015 to file an application for a Franchise under this Chapter. Any utility operator timely filing such an application shall not be subject to a penalty under this Chapter for failure to have such a franchise, as long as said application remains pending; provided, however, nothing herein shall relieve any utility operator of any liability for its failure to obtain any permit, or other authorization required under other provisions of the Yelm Municipal Code, and nothing herein shall prevent the City from requiring removal of any facilities installed in violation of the Yelm Municipal Code. C. Persons holding Franchises. Any person holding an outstanding franchise from the City for a utility system may continue to operate under the existing franchise to the conclusion of its present term (but not any renewal or extension thereof) with respect to those activities expressly authorized by the franchise; provided, however, that such grantee may elect at any time to apply for a superseding franchise under this Chapter and must seek additional franchises to provide other services; and, provided further, that, such person shall be subject to the other applicable provisions of the Yelm Municipal Code to the extent permitted by law. D. Persons with pending applications. Applications pending on February 12, 2015 shall be subject to this Chapter. A person with a pending application shall be provided 30 days from February 12, 2015 to submit additional information to comply with the requirements of this Chapter governing applications. E. Transitional rules to be narrowly interpreted. It is the intent of the City to apply the provisions of this Chapter to utility operators that now occupy or may in the future occupy rights -of -way, except to the extent federal or state law prevents it from doing so. F. Nothing herein requires the City to enforce this Chapter against other governmental agencies providing utility service in the City if the City is prevented from doing so as a matter of law or if the City has entered into an agreement or agreements with a utility operator or operators to Agenda Item 8. a. Unified Development Code Page 303 of 340 provide utility service within the City, or to manage, maintain, or operate utility facilities within the City. 15.86.050 Franchise Application; Fees; Deposit. A. City Forms; Application Information. Any utility operator required to obtain a franchise hereunder, or seeking to renew a franchise, shall file an application with the City for a franchise provided on a form by the administrator. The applicant shall include the following information with the application, unless the requirement for such information is waived by the Administrator for cause: 1. The following contact information for the Authorized Person: a. Name; b. Title; c. Mailing Address; d. URL; e. Phone Number; and f. Electronic Mail Address (Optional). 2. The legal and d /b /a names, mailing address, Washington tax number, and phone number of applicant. 3. If a corporation, state the name and address of the registered agent of applicant in Washington State, and the state of incorporation of applicant. 4. If applicant is something other than a corporation, such as a partnership or limited liability company, state the names and business addresses of the principals. 5. As to any portion of the utility system applicant proposes to initially install, and to any such portion of the utility system currently existing, within the public rights -of -way of the City of Yelm, describe and identify: a. The general route of the existing or proposed utility system; b. The approximate linear feet of overhead and underground utility system facilities; c. The construction techniques that applicant proposes to use for underground installations; d. The type of overhead and underground utility facilities, including any equipment proposed to be installed related thereto; e. The power sources that will be used, if any, and a description of the noise, exhaust, and pollutants, if any, that will be generated by the operation of the same. Agenda Item 8. a. Unified Development Code Page 304 of 340 6. If the Applicant intends to provide, or is providing, services to residents or businesses located within the corporate boundaries of the City, a description of the services applicant provides or intends to provide. 7. Information sufficient for the City to determine whether the applicant is subject to franchising under this Chapter; 8. Information sufficient for the City to determine whether the transmission, origination or receipt of the utility services provided or to be provided by the applicant constitutes an occupation or privilege subject to any City tax, permit, license or franchise fee; 9. A statement from the applicant documenting that it has complied with all registration and related filings requirements of the WUTC or such other governmental body having regulatory and /or licensing jurisdiction and authority over the applicant; 10. Such other information as the City may request and that it finds reasonable and necessary to the determination to grant or deny a franchise or franchise renewal application and which may be lawfully required. B. Completed Application. The application will not be deemed complete without applicant providing the information required by the City and the applicant attaching a declaration of an authorized person certifying the truth and accuracy of the information provided in the application and depositing the application fee as required under this Chapter. The City shall within fifteen (15) business days of receipt of an application, notify the applicant that the application is not complete. If such notice is not timely given the applicant shall be deemed complete from the date the application is received by the City. Any notice provided under this subsection shall be deemed given upon personal service of applicant, or upon deposit in the United States mail in a properly stamped envelope addressed to the mailing address provided in the application for the applicant. C. Application Fees. The application fee shall be the actual costs of City staff time and resources as well as any outside consultation expenses which the City reasonably determines are necessary to adequately review and analyze the application. Each application under this Chapter for a franchise, or renewal thereof, shall be accompanied by an application fee deposit in the initial amount of $5,000, which shall be deposited with the City. Agenda Item 8. a. Unified Development Code Page 305 of 340 D. Purpose. The purpose of the application fee is to ensure full recovery of City costs and expenses in connection with the review of the application including, but not limited to, actual costs of City staff time and resources as well as any outside consultation expenses which the City reasonably determines are necessary to adequately review and analyze the application. E. Application of Fee Deposit. The application fee deposit shall be credited towards other fees or deposits due to the City, less any ascertainable costs and expenses incurred by the City in connection with the application. The City may draw upon the application fee deposit to pay for such expenses. F. Duty to Replenish. To the extent that the initial deposit is insufficient to fund full recovery of City costs and expenses, within 30 days after written demand, the applicant shall replenish the application fee. Applicant shall be entitled to a refund of any unencumbered amounts remaining from the application fee upon conclusion of the process for review and approval or denial of a franchise. G. The outcome of the City's process for review and approval of a franchise is independent of and is in no way biased, prejudiced or predetermined in any way by the submission of an application fee. 15.86.060 Determination by the City. Within 120 days after receiving a complete application hereunder, the City Council shall make a determination granting or denying a franchise application. The grant of a franchise application shall be made by ordinance approving a franchise upon the terms and conditions set forth in the franchise. If the application is denied, the determination shall include the reasons for denial. The following enumerated criteria shall apply when determining whether to grant or deny the application: A. The financial and technical ability of the applicant to fulfill its obligations under a franchise; B. The legal status of the applicant; C. The capacity of the rights -of -way to accommodate the applicant's utility facilities; D. The capacity of the rights -of -way to accommodate additional utility facilities if the application is granted; E. The damage or disruption, if any, to public or private facilities, improvements, services, travel or landscaping if the application is Agenda Item 8. a. Unified Development Code Page 306 of 340 granted, giving consideration to an applicant's willingness and ability to mitigate and /or repair same; F. The public interest in minimizing the cost and disruption of construction within the rights -of -way; G. The service that applicant will provide to the region; H. The effect, if any, on general public health, safety and welfare in the City's sole opinion if the application is granted; I. The availability of alternate routes or locations for the proposed utility facilities; J. Applicable federal, state and local laws, regulations, rules and policies; and K. Such other factors as may demonstrate that the grant to use the rights - of -way will serve the community interest. If an existing grantee is required by the WUTC, or other applicable law, to provide service to anyone requesting it within the franchise area, the determination by the City to deny the application is not applicable, and the City shall grant a franchise upon reasonable and lawful terms and conditions that, in the judgment of the City, serve and protect the public interest. 15.86.070 Agreement. A. No franchise shall be effective unless the City Council has approved the grant of a franchise by ordinance and the applicant /grantee has accepted the terms and conditions of the franchise by written instrument, in a form acceptable to the City Attorney, which shall be executed and filed with the City within 30 days of the effective date of the franchise ordinance. In its acceptance, a grantee shall declare that it has carefully read the terms and conditions of this chapter and the franchise and accepts all of the terms and conditions of this chapter and the franchise and agrees to abide by same. In accepting a franchise, a grantee shall indicate that it has relied upon its own investigation of all relevant facts, that it had the assistance of counsel, that it was not induced to accept a franchise, and that it accepts all reasonable risks related to the interpretation of the franchise. B. All franchises granted pursuant to this Chapter shall contain substantially similar terms and conditions which, taken as a whole and considering relevant characteristics of the applicants, do not provide more or less favorable terms and conditions than those required of other grantees; provided that, notwithstanding the foregoing, nothing herein shall prevent the City from requiring terms and conditions that conform to Agenda Item 8. a. Unified Development Code Page 307 of 340 standards, rules, orders, design guidelines and regulations that are issued, promulgated or made pursuant to the provisions of this chapter or other lawful authority, and which are applicable to grantee. C. A franchise issued pursuant to the provisions of this Chapter shall be deemed to constitute a contract between a grantee and the City. In the event of a conflict between the provisions of this Chapter and a franchise issued pursuant hereto, the provisions of this Chapter shall govern unless the franchise clearly states the parties' intent to have the provisions of the franchise control over the provisions of this Chapter. Each party shall be deemed to have contractually committed itself to comply with the terms, conditions and provisions of the franchise granted, and a grantee shall further comply with all written standards, rules, orders, design guidelines and regulations issued, promulgated or made pursuant to the provisions of this chapter or other lawful authority and which are applicable to grantee. 15.86.080 Application of Chapter 15.72 YMC. A. Application of Chapter 15.72 YMC. The provisions of Chapter 15.72 of the Yelm Municipal Code, as now or may hereafter be amended, are hereby made applicable to all utility operators. For purposes of this Chapter, any reference therein to telecommunications or cable facilities shall mean and refer to utility facilities, and any reference therein to grantee shall mean and refer a grantee of a utility franchise as provided under this Chapter. B. Conflict. In the event of a conflict between a requirement or condition of this chapter and a requirement or condition under YMC Ch. 15.72, such requirement or condition of this Chapter shall control to the extent of the conflict, except to the extent such requirement or condition is controlled by state or federal law or regulation, in which case the state or federal law or regulation shall control to the extent of the conflict. C. Franchise May Govern. In the event of a conflict between the provisions of Ch. 15.72 YMC, as made applicable pursuant to the provisions of this Section, and a franchise issued pursuant to this Chapter, such provisions of YMC Ch. 15.72 shall govern unless the franchise clearly states the parties' intent to have the provisions of the franchise control over the provisions of YMC Ch. 15.72. 15.86.090 Nonexclusive franchise. No franchise granted hereunder shall confer any exclusive right, privilege or franchise to occupy or use the rights -of -way for delivery of utility services or any other purposes. Agenda Item 8. a. Unified Development Code Page 308 of 340 15.86.100 Use granted. A. No franchise granted hereunder shall convey any right, title or interest in the rights -of -way but shall be deemed a franchise only to use and occupy the rights -of -way for the limited purposes and term stated in the grant. B. No franchise granted hereunder shall authorize or excuse a grantee from securing such further easements, leases, permits or other approvals as may be required to lawfully occupy and use rights -of -way. C. No franchise granted hereunder shall be construed as any warranty of title. 15.86.110 Term of franchise. Unless otherwise specified in a franchise agreement, a franchise granted hereunder shall be valid for a term of not more than 10 years. 15.86.120 Franchise Area. A franchise granted hereunder may be limited to the specific geographic area of the City to be served by the grantee, and the specific rights -of -way and portions thereof, as may be identified in the franchise agreement. 15.86.130 Construction permits. All grantees are required to obtain permits and pay all fees as may be lawfully required by the City; provided, however, that nothing in this Chapter shall prohibit the City and a grantee from agreeing to alternative plan review, permit and construction procedures in a franchise agreement; and further provided, that such alternative procedures provide substantially equivalent safeguards for responsible construction practices. 15.86.140 Amendment of franchise. A. The grantee shall apply for an amendment to an existing franchise when a grantee desires to extend its franchise area or to locate its utility facilities in rights -of -way which are not included in a franchise previously granted hereunder or when it desires to offer services beyond those authorized in the franchise. All amendments shall be approved by ordinance of the City Council. B. It shall not be a violation of this Chapter for the grantee, upon request or order of the City, to locate or relocate its utility facilities in rights -of -way to a portion of the right -of -way not included in the franchise area. 15.86.150 Renewal applications. A grantee that desires to renew its franchise hereunder shall, not more than 180 days or less than 120 days before expiration of the current franchise, Agenda Item 8. a. Unified Development Code Page 309 of 340 file an application with the City for renewal of its franchise which shall include the following information: A. The applicable information required pursuant to YMC 15.86.050. B. Any other information reasonably required by the City and related to the grantee's use of and operation within the right -of -way. 15.86.160 Renewal determinations. Within 120 days after receiving a complete application hereunder for renewal, the council shall make a determination on behalf of the City granting or denying the renewal application in whole or in part. If the renewal application is denied, the determination shall include the reasons for nonrenewal. The criteria enumerated in YMC 15.86.060 shall apply when determining whether to grant or deny the application, and may further consider whether the applicant has substantially complied with the material terms of the existing franchise and with applicable law, whether the applicant's construction, installation, operation or maintenance practices for the utility system are or have been conducted in an unsafe or dangerous manner, and whether the applicant has the ability to provide the services, facilities and equipment as set forth in the application. The grant of renewal shall be by ordinance of the City Council. 15.86.170 Obligation to Cure as a Condition of Renewal. No franchise shall be renewed until any ongoing violations or defaults in the grantee's obligations under the franchise agreement, the requirements of this Chapter, and all applicable laws, statutes, codes, ordinances, rules and regulations have been cured, or a plan detailing the corrective action to be taken by the grantee has been approved by the administrator. Failure to comply with the terms of an approved plan shall be grounds for nonrenewal or immediate revocation of the franchise. 15.86.180 No waiver. The failure of the City to enforce any provision of this Chapter on any occasion shall not operate as a waiver or estoppel of the right to enforce any provision of this Chapter on any other occasion, nor shall the failure to enforce any prior ordinance affecting utility operators or utility systems act as a waiver or estoppel against application of this Chapter any other provision of applicable law. 15.86.190 Subject to authority. A grantee shall, at all times during the term of a franchise, be subject to all lawful exercise of the police power by the City and to such lawful regulations as the City shall hereafter enact. A grantee shall construct, operate and utility facilities or other improvements in full compliance with all other Agenda Item 8. a. Unified Development Code Page 310 of 340 applicable rules and regulations now in effect or hereafter adopted by the United States, the state of Washington, the City or any agency of said governments with jurisdiction over said activities. 15.86.200 Violation; Penalties. A. Civil Infraction. A violation of the requirements of YMC 15.86.040 (Franchise Required) shall be designated as a Class 1 civil infraction pursuant to Chapter 7.80 RCW. A separate and distinct violation shall be deemed committed each day on which a violation occurs or continues. B. Termination or Revocation. In addition to the civil penalties set forth in this section, violation of any provision of this Chapter or any franchise issued pursuant thereto may also result in the revocation and termination of any such franchise. C. Other Remedies. Notwithstanding any other provision in this Chapter, the City may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of the applicable provisions of this Chapter or any franchise issued pursuant thereto when civil or criminal penalties are inadequate to effect compliance. Agenda Item 8. a. Unified Development Code Page 311 of 340 ORDINANCE NO. 995 EXHIBIT C Chapter 9.86 Yelm Municipal Code Adult Entertainment Business Agenda Item 8. a. Unified Development Code Page 312 of 340 Agenda Item 8. a. Unified Development Code Page 313 of 340 CHAPTER 9.86 ADULT ENTERTAINMENT BUSINESS ralbile of cairiteirits CHAPTER9. 86 .................................................................................................................................. ..............................1 ADULT ENTERTAINMENT BUSINESS ............................................................................................... ..............................1 �1:1e1��W1.1iffe1111111J0i :11L11 i�elf►l►d�►�i ��f►1 � 9.86.010 EXEMPTIONS TO CHAPTER APPLICABILITY ........................................................................... ..............................2 9.86.020 EXEMPTION FROM PROVISIONS ........................................................................................ ..............................2 9.86.030 DEFINITIONS ................................................................................................................ ..............................2 9.86.040 INSPECTIONS ............................................................................................................... ............................... 4 9.86.050 HOURS OF OPERATION ................................................................................................... ..............................4 9.86.060 ADULT ENTERTAINMENT PARLOR - LIQUOR PROHIBITED ........................................................ ..............................4 9.86.070 REGULATIONS RELATING TO ON- PREMISES VIEWING ............................................................. ..............................4 9.86.080 REGULATIONS APPLICABLE TO VIDEO STORES NOT QUALIFYING AS ADULT VIDEO STORES .............. ..............................6 9.86.090 CONDUCT OF EMPLOYEES AND OPERATORS ........................................................................ ..............................6 9.86.100 OPERATION REGULATIONS .............................................................................................. ..............................9 9.86.110 RESPONSIBILITIES OF MANAGERS ...................................................................................... ..............................9 9.86.120 PREMISES— SPECIFICATIONS .......................................................................................... .............................10 9.86.130 VIOLATION DEEMED A PUBLIC NUISANCE ........................................................................... .............................11 9.86.140 VIOLATION DEEMED A MISDEMEANOR .............................................................................. .............................11 Agenda Item 8. a. Unified Development Code Page 314 of 340 CHAPTER 9.86 — ADULT ENTERTAINMENT BUSINESS 9.86.010 Exemptions to chapter applicability The provisions of this section shall not apply to massages performed or baths provided in any hospital or at the athletic department of any public or private secondary school or college, or by any person who has been certified or licensed by the state of Washington to practice medicine, surgery, drugless therapy, physical therapy, massage, osteopathy, osteopathy and surgery, chiropractic, podiatry, or nursing. 9.86.020 Exemption from provisions A. This chapter does not apply to premises which are primarily devoted to theatrical performances where there are seats arranged so that the body of spectators has an unobstructed view of the stage for viewing performances of artistic expression and where such performances are not incidental to the promotion of the sale of food and /or drink, and where patrons are not permitted to touch, caress or fondle the actors or entertainers performing therein. B. This chapter does not prohibit: 1. Plays, operas, musicals, or other dramatic works that are not obscene; or 2. Classes, seminars and lectures which are held for serious scientific or educational purposes and which are not obscene; or 3. Exhibitions, performances, expressions or dances that are not obscene. 4. The exemptions in this section do not apply to sexual conduct defined in YMC 9.86.030, or the sexual conduct described in Sections 7.48A.010(2)(b)(ii) and (iii) RCW. Whether or not activity is obscene shall be judged by consideration of the standards set forth in Section 7.48A.010(2) RCW. 9.86.030 Definitions Wherever the following words and terms appear in this chapter, they shall have the following meanings: "Adult entertainment business" includes; adult entertainment parlor, adult live entertainment center, adult arcade, adult bookstore, adult novelty store, and /or adult video store. "Adult entertainment parlor" means a place in the incorporated area of the city where sexually stimulating touching is performed upon the body of one person by another person; nude modeling studios or where sauna baths, Turkish baths, Swedish baths where sexually stimulating touching Agenda Item 8. a. Unified Development Code Page 315 of 340 is performed upon the body of one person by another person or the like are made available to members of the public. "Adult live entertainment center" means a business having, as parts of its trade, live dancers or entertainers who depict specific sexual activities or display specific anatomical areas as defined herein, included, but not limited to, topless dance centers, so- called exotic dance centers and body painting studios. "Adult arcade" shall mean a business where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides, video disks or other photographic reproductions which are characterized by the depiction or description of "specific sexual activities" or "specific anatomical areas." "Adult bookstore," "adult novelty store," or "adult video store" shall mean a commercial business which has as one of its principal business purposes the offering for sale or rental for some form of consideration, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, video disks or other visual representations which are characterized by the depiction or description of specific sexual activities or specific anatomical areas. Provided, however, that video stores that sell and /or rent only video tapes or other graphic reproductions and associated equipment shall only come within the definition set forth herein if 20 percent or more of its stock in trade or revenue comes from the rental or sale of video tapes or other photographic reproductions or associated equipment which are characterized by the depiction or description of specific sexual activities or specific anatomical areas. "Adult entertainment parlor employee" means any person employed by an adult entertainment parlor; including any person who performs sexually stimulating actions in any way upon, patrons of an adult entertainment parlor, or who supervises the work of such a person. "Employee" and /or "independent contractor" means any and all persons, including entertainers, who work in or at or render any services directly related to the operation of any adult live entertainment center. "Entertainer" means any person who provides entertainment within an adult live entertainment center as defined in this section whether or not a fee is charged or accepted for such entertainment. "Entertainment" means any exhibition or dance of any type, removal of articles of clothing, pantomime, modeling or any other sexually stimulating performance. Agenda Item 8. a. Unified Development Code Page 316 of 340 "Operator" means any person operating, conducting or maintaining an adult live entertainment center. "Specific anatomical areas" means: 1. Less than completely and opaquely covered human genitals, pubic region, buttocks and the female breasts below a point immediately above the top of the areola. 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. "Specific sexual activities" means: 1. Human genitals in a state of sexual stimulation; and /or 2. Acts of human masturbation, sexual intercourse or sodomy; and /or 3. Fondling or other erotic touching of human genitals, pubic region, buttocks or the female breasts. 9.86.040 Inspections An applicant for an adult entertainment business license shall be considered to consent, as a condition of receiving such license, to inspection by the chief of police or the building official or their designees during hours when such businesses are open. The purpose of such inspection shall be to determine if the licensed premises is operated in accordance with the requirements of the Yelm municipal code. It is hereby expressly declared that unannounced inspections are necessary to ensure compliance with this chapter. 9.86.050 Hours of operation All adult entertainment businesses shall be closed, and all services performed therein discontinued, between the hours of 12:30 a.m. and 10:00 a. m. 9.86.060 Adult entertainment parlor - Liquor prohibited Liquor, as defined in the Washington State Alcoholic Beverage Control Act, shall not be distributed or consumed on the premises of any adult entertainment parlor. 9.86.070 Regulations relating to on- premises viewing Any adult arcade, adult bookstore, adult novelty store or adult video store having facilities for customers' viewing of depictions of human nudity and /or sexual conduct of any nature, including depictions of specific sexual activities, shall comply with the following regulations: A. Construction /Maintenance. 1. Adult Arcade Entertainment Business Premises. All adult arcade stations or booths must open to the public room so that the area and Agenda Item 8. a. Unified Development Code Page 317 of 340 occupant inside the booths are fully and completely visible by direct line of sight to the manager located at the manager's station which shall be located in the main entrance way to the public room containing the arcade stations or booths. No curtain, door, wall, merchandise, display rack, or other nontransparent enclosure, material, or application may obscure in any way the manager's view of any portion of the activity or occupant of the adult arcade station or booth, or the performance area. 2. All such areas shall be maintained in a clean and sanitary condition at all times. 3. All ventilation devices or openings between adult arcade booths must be covered by a permanently affixed louver or screen. Any portion of a ventilation opening cover may not be located more than one foot below the top of the booth walls or one foot from the bottom of booth walls. There may not be any other holes or openings between the booths. B. Signs. 1. There must be permanently posted and maintained in at least two conspicuous locations on the interior of all adult arcade premises a sign stating substantially the following: a. No persons under the age of eighteen years shall be allowed to occupy a viewing booth at any time. b. Occupancy of any station or booth is at all times limited to one person. c. There may be no criminal activity in the stations, booths, or on the premises, including but not limited to: sexually explicit conduct Section 9.68A.011 RCW, acts of lewdness Chapter 9.16 YMC, indecent exposure, prostitution, drug activity, or sexual conduct, as defined herein. d. Violators are subject to criminal prosecution. 2. Each sign must be conspicuously posted and not screened from the patrons' view. The letters and numerals must be on a contrasting background and be no smaller than one inch in height. C. Lighting. Sufficient lighting must be provided and equally distributed throughout the public areas of the adult entertainment business so that all objects are plainly visible at all times. A minimum lighting level of 30 lux horizontal, measured at 30 inches from the floor and on 10 -foot centers is required for all areas of the adult entertainment business where members of the public are permitted. Agenda Item 8. a. Unified Development Code Page 318 of 340 D. Unlawful Conduct. The following conduct or activity is unlawful: 1. Masturbation in viewing booths. 2. Two or more customers in a viewing booth at the same time. 3. The use of such booths by any person under the age of 18 years. 4. For the owner or manager to knowingly allow the above conduct. 9.86.080 Regulations applicable to video stores not qualifying as adult video stores Video stores that sell or otherwise distribute films, motion pictures, video cassettes, slides, video disks or other visual representations which are characterized by the depiction or description of specific sexual activities or specific anatomical areas, and less than 20 percent of their stock -in -trade or revenues comes from the rental or sale of such items shall be subject to the following regulations: A. All such items as are described above shall be physically segregated and closed off from other portions of the store such that these items are not visible and /or accessible from other portions of the store. B. No advertising for such items shall be posted or otherwise visible except where such items are authorized. C. Signs readable at a distance of 20 feet in both English and Spanish shall be posted at the entrance to the area where such items are displayed stating that persons under the age of 18 are not allowed access to the area where such items are displayed. D. The manager or attendant shall take reasonable steps to monitor the area where such items are displayed to ensure that persons under 18 years of age do not access the age- restricted area. E. Rental or sale of obscene material, as defined by state law, or material harmful to minors,as defined by state law, to persons under 18 years of age is prohibited. F. Employees of such video stores shall check identification to ensure that such items are not rented or sold to persons under the age of 18. 9.86.090 Conduct of employees and operators The following standards of conduct shall be adhered to by operators and employees of any adult live entertainment center. A. All employees of an adult live entertainment center must adhere to the following standards of conduct while in any area in which a member of the public is allowed to be present: 1. An employee may not be unclothed or in such less than opaque and Agenda Item 8. a. Unified Development Code Page 319 of 340 complete attire, costume or clothing so as to expose to view any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, except upon a stage at least 18 inches above the immediate floor level and removed at least eight feet from the nearest member of the public. 2. An employee mingling with a member of the public may not be unclothed or in less than opaque and complete attire, costume or clothing as described in subsection (A)(1) of this section, nor may a male employee appear with his genitals in a discernibly turgid state, even if completely and opaquely covered or wear or use any device or covering that simulates the same. 3. An employee mingling with a member of the public may not wear or use any device or covering exposed to view which simulates the breast below the top of the areola, vulva, genitals, anus, a portion of the pubic region or buttocks. 4. An employee may not caress, fondle or erotically touch a member of the public or another employee. An employee may not encourage or permit a member of the public to caress, fondle or erotically touch that employee. 5. An employee may not perform actual or simulated acts of sexual conduct as defined in this chapter, or an act that constitutes a violation of Chapter 7.48A RCW, the Washington moral nuisance statute, Chapter 9.16 YMC, the city's lewd conduct provision or any provision regulating offenses against public morals. 6. An employee mingling with a member of the public may not conduct any dance, performance or exhibition in or about the nonstage area of the adult live entertainment center unless that dance, performance or exhibition is performed at a distance of at least four feet from the member of the public for whom the dance, performance or exhibition is performed. The distance of four feet is measured from the torso of the dancer to the torso of the member of the public. 7. A tip or gratuity offered to or accepted by an entertainer may not be offered or accepted before any performance, dance or exhibition provided by the entertainer. An entertainer performing upon any stage area may not accept any form of gratuity offered directly to the entertainer by a member of the public. A gratuity offered to an entertainer performing upon any stage area or in any booth or arcade device must be placed into a receptacle provided for receipt of gratuities by the management of the adult live entertainment center or provided through a manager on duty on the premises. A gratuity or tip offered to an entertainer conducting a performance, dance or Agenda Item 8. a. Unified Development Code Page 320 of 340 exhibition in or about the nonstage area of the adult live entertainment center must be placed into the hand of the entertainer or into a receptacle provided by the entertainer, and not upon the person or into the clothing of the entertainer. 8. No entertainer shall be permitted to solicit any pay or gratuity from any patron and /or solicit the purchase of any food or drink by any patron. B. At an adult live entertainment center the following are required: 1. Admission must be restricted to persons of the age of 18 years or older. An owner, operator, manage or other person in charge of the adult entertainment business may not knowingly permit or allow any person under the age of 18 years to be in or upon the premises whether as an owner, operator, manager, patron, member, customer, agent, employee, independent contractor, or in any other capacity. This section is not intended to be used in a prosecution of a minor on or within an adult entertainment business. 2. Neither the performance, nor any photograph, drawing, sketch or other pictorial or graphic representation of the performance, displaying any portion of the breasts below the top of the areola or any portion of the pubic region, buttocks, genitals, and /or anus may take place or be located so as to be visible to minors who are or may be outside of the adult entertainment business. 3. A member of the public may not be permitted at any time to enter into any of the nonpublic portions of the adult entertainment business that includes but is not limited to: the dressing rooms of the entertainers, other rooms provided for the benefit of employees, or the kitchen or storage areas. However, a person delivering goods and materials, food and beverages, or performing maintenance or repairs to the premises or equipment on the premises may be permitted into nonpublic areas to the extent required to perform the person's job duties. 4. Restrooms may not contain video reproduction equipment and /or adult arcade devices. 5. Doors to areas of the adult entertainment business that are available for use by persons other than the owner, manager, operator, or their agents or employees, may not be locked during business hours. 6. No person may operate or maintain any warning system or device, of any nature or kind, for the purpose of alerting, warning, or aiding and abetting the warning of any patrons, members, customers, owners, operators, managers, employees, agents, independent contractors, or any other persons in the adult entertainment business, that police Agenda Item 8. a. Unified Development Code Page 321 of 340 officers or county health, code enforcement, fire, licensing, or building inspectors are approaching or have entered the premises. 9.86.100 Operation regulations The following requirements shall be adhered to by any adult live entertainment center: A. There shall be posted and conspicuously displayed in the common areas of each adult live entertainment center a list of any and all entertainment provided on the premises for a fee in addition to the admission fee. Such list shall further indicate the specific fee or charge in dollar amounts for each entertainment listed. B. No activity or entertainment occurring within an adult live entertainment center shall be visible at any time from outside such hall. C. At least one security person per 100 patrons shall be on duty inside the premises at all times during hours of operation. Security persons shall also patrol the parking area adjacent to the premises at least once per each hour of operation. All security persons shall wear a uniform which will make such persons readily recognizable as security personnel. D. Admission shall be restricted to persons of the age of 18 years or over. E. Sufficient lighting shall be provided in and about the parts of the premises which are open to patrons and /or members of the public so that all objects are plainly visible at all times. G. No operator or employee of an adult live entertainment center shall serve, sell, distribute or permit the consumption or possession of any intoxicating liquor or controlled substance upon the premises of such business, including parking lots under the control of the operator. H. An operator of an adult live entertainment center shall conspicuously display the license required by this chapter in an area open to patrons of such establishment. I. No operator of an adult live entertainment center shall employ as an entertainer any person under the age of 18 years or a person not licensed pursuant to this chapter. J. An operator of an adult live entertainment center shall maintain and retain for a period of two years: names, addresses and ages of persons employed as entertainers by licensee. 9.86. 110 Responsibilities of managers Agenda Item 8. a. Unified Development Code Page 322 of 340 The responsibilities of the manager of an adult live entertainment business shall include: A. A licensed manager shall be on duty at an adult entertainment business at all times adult entertainment is being provided or members of the public are present on the premises. The full name and license of the manager shall be prominently posted during business hours. The manage shall be responsible for verifying that any person who provides adult entertainment within the premises possesses a current and valid entertainer's license; B. The licensed manager on duty shall not be an entertainer; C. The manager licensed under this chapter shall maintain visual observation from a manager's station of each member of the public and each entertainer at all times any entertainer is present in the public or performance areas of the adult entertainment business. Where there is more than one performance area, or the performance area is of such size or configuration that one manager is unable to visually observe, at all times, each entertainer, each employee, and each member of the public, a manager licensed under this chapter shall be provided for each public or performance area or portion of a public or performance area visually separated from other portions of the adult entertainment business. All adult arcade stations or booths must open to the public room so that the area and occupant inside the booths are fully and completely visible by direct line of sight to the manager located at the manager's station which shall be located at the main entrance way to the public room containing the arcade stations or booths. No curtain, door, wall, merchandise, display rack, or other nontransparent enclosure, material, or application may obscure in any way the manager's view of any portion of the activity or occupant of the adult entertainment business; D. The manager shall be responsible for and shall ensure that the actions of members of the public, the adult entertainers, and all other employees shall comply with all requirements of this chapter. 9.86.120 Premises — Specifications A. Adult Live Entertainment Center Premises. The performance area of the adult live entertainment center where adult entertainment is provided shall be a stage or platform at least 18 inches in elevation above the level of the patron seating areas, and shall be separated by a distance of at least eight feet from all areas of the premises to which a member of the public has access. A continuous railing affixed to the floor and measuring at least three feet in height and located at least eight feet from all points of the performance area must be installed on the floor of the premises to separate the performance area and the public seating Agenda Item 8. a. Unified Development Code Page 323 of 340 areas. The stage and the entire interior portion of cubicles, rooms or stalls wherein the adult live entertainment is provided must be visible from the common areas of the premises and from at least one manager's station. Visibility shall be by direct line of sight and shall not be blocked or obstructed by doors, curtains, drapes, walls, merchandise, display racks or other obstructions. B. Lighting. Sufficient lighting must be provided and equally distributed throughout the public areas of the adult entertainment business so that all objects are plainly visible at all times. A minimum lighting level of 30 lux horizontal, measured at 30 inches from the floor and on 10 -foot centers is required for all areas of the adult entertainment business where members of the public are permitted. C. Signs. A sign at least two feet by two feet with letters at least one inch high, which are on a contrasting background, shall be conspicuously displayed in the public area(s) of the adult entertainment business stating the following: This adult entertainment business is regulated by the laws of Yelm City, Thurston County. Entertainers are: A. Not permitted to engage in any type of sexual conduct. B. Not permitted to appear semi -nude or nude, except on stage. C. Not permitted to accept tips or gratuities in advance of their performance. D. Not permitted to accept tips or gratuities directly from patrons while performing upon any stage area or in any arcade station or booth. 9.86.130 Violation deemed a public nuisance Any activity, act or conduct contrary to the provisions of this chapter is declared to be unlawful and a public nuisance and such activity, act or conduct may be enjoined by an action brought by the city attorney or other interested person. 9.86.140 Violation deemed a misdemeanor Any person, firm or corporation violating any provision of this chapter shall be guilty of a misdemeanor and each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during which any violation is committed, continued or permitted. No person shall be deemed guilty of any violation of this chapter if acting in an investigative capacity pursuant to the request or order of the police chief, city attorney or duly appointed agent of either. Agenda Item 8. a. Unified Development Code Page 324 of 340 ORDINANCE NO. 995 EXHIBIT D Chapter 5.52 Yelm Municipal Code Adult Entertainment Business Licensing Agenda Item 8. a. Unified Development Code Page 325 of 340 Agenda Item 8. a. Unified Development Code Page 326 of 340 CHAPTER 5.52 ADULT ENTERTAINMENT BUSINESS LICENSING ralbile of cairiteirits CHAPTER5. 52 .................................................................................................................................. ..............................1 ADULT ENTERTAINMENT BUSINESS LICENSING ............................................................................. ..............................1 CHAPTER 5.52 — ADULT ENTERTAINMENT BUSINESS LICENSING .................................................. ..............................2 5.52.010 EXEMPTIONS TO CHAPTER APPLICABILITY ........................................................................... ..............................2 5.52.020 EXEMPTION FROM PROVISIONS ........................................................................................ ..............................2 5.52.030 DEFINITIONS ................................................................................................................ ..............................2 5.52.040 LICENSING OF ADULT ENTERTAINMENT BUSINESS ................................................................. ..............................4 5.52.050 LICENSING OF MANAGERS, ENTERTAINERS, AND EMPLOYEES .................................................. ..............................7 5.52.060 REVOCATION OF LICENSES ............................................................................................... ..............................9 5.52.070 VIOLATION — NUISANCE ................................................................................................ .............................10 5.52.080 VIOLATION — PENALTY .................................................................................................. .............................10 Agenda Item 8. a. Unified Development Code Page 327 of 340 CHAPTER 5.52 — ADULT ENTERTAINMENT BUSINESS LICENSING 5.52.010 Exemptions to chapter applicability. The provisions of this section shall not apply to massages performed or baths provided in any hospital or at the athletic department of any public or private secondary school or college, or by any person who has been certified or licensed by the state of Washington to practice medicine, surgery, drugless therapy, physical therapy, massage, osteopathy, osteopathy and surgery, chiropractic, podiatry, or nursing. 5.52.020 Exemption from provisions. A. This chapter does not apply to premises which are primarily devoted to theatrical performances where there are seats arranged so that the body of spectators has an unobstructed view of the stage for viewing performances of artistic expression and where such performances are not incidental to the promotion of the sale of food and /or drink, and where patrons are not permitted to touch, caress or fondle the actors or entertainers performing therein. B. This chapter does not prohibit: 1. Plays, operas, musicals, or other dramatic works that are not obscene; or 2. Classes, seminars and lectures which are held for serious scientific or educational purposes and which are not obscene; or 3. Exhibitions, performances, expressions or dances that are not obscene. 4. The exemptions in this section do not apply to sexual conduct defined in YMC 5.52.030, or the sexual conduct described in Sections 7.48A.010(2)(b)(ii) and (iii) RCW. Whether or not activity is obscene shall be judged by consideration of the standards set forth in Section 7.48A.010(2) RCW. 5.52.030 Definitions. Wherever the following words and terms appear in this chapter, they shall have the following meanings: "Adult entertainment business" includes; adult entertainment parlor, adult live entertainment center, adult arcade, adult bookstore, adult novelty store, and /or adult video store. "Adult entertainment parlor" means a place in the incorporated area of the city where sexually stimulating touching is performed upon the body of one person by another person; nude modeling studios or where sauna baths, Turkish baths, Swedish baths where sexually stimulating touching Agenda Item 8. a. Unified Development Code Page 328 of 340 is performed upon the body of one person by another person or the like are made available to members of the public. "Adult live entertainment center" means a business having, as parts of its trade, live dancers or entertainers who depict specific sexual activities or display specific anatomical areas as defined herein, included, but not limited to, topless dance centers, so- called exotic dance centers and body painting studios. "Adult arcade" shall mean a business where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides, video disks or other photographic reproductions which are characterized by the depiction or description of "specific sexual activities" or "specific anatomical areas." "Adult bookstore," "adult novelty store," or "adult video store" shall mean a commercial business which has as one of its principal business purposes the offering for sale or rental for some form of consideration, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, video disks or other visual representations which are characterized by the depiction or description of specific sexual activities or specific anatomical areas. Provided, however, that video stores that sell and /or rent only video tapes or other graphic reproductions and associated equipment shall only come within the definition set forth herein if 20 percent or more of its stock in trade or revenue comes from the rental or sale of video tapes or other photographic reproductions or associated equipment which are characterized by the depiction or description of specific sexual activities or specific anatomical areas. "Adult entertainment parlor employee" means any person employed by an adult entertainment parlor; including any person who performs sexually stimulating actions in any way upon, patrons of an adult entertainment parlor, or who supervises the work of such a person. "Employee" and /or "independent contractor" means any and all persons, including entertainers, who work in or at or render any services directly related to the operation of any adult live entertainment center. "Entertainer" means any person who provides entertainment within an adult live entertainment center as defined in this section whether or not a fee is charged or accepted for such entertainment. "Entertainment" means any exhibition or dance of any type, removal of articles of clothing, pantomime, modeling or any other sexually stimulating performance. Agenda Item 8. a. Unified Development Code Page 329 of 340 "Operator" means any person operating, conducting or maintaining an adult live entertainment center. "Specific anatomical areas" means: 1. Less than completely and opaquely covered human genitals, pubic region, buttocks and the female breasts below a point immediately above the top of the areola. 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. "Specific sexual activities" means: 1. Human genitals in a state of sexual stimulation; and /or 2. Acts of human masturbation, sexual intercourse or sodomy; and /or 3. Fondling or other erotic touching of human genitals, pubic region, buttocks or the female breasts. 5.52.040 Licensing of adult entertainment business A. No person, firm, partnership, corporation, or other entity shall operate an adult entertainment business without first obtaining a license issued pursuant to Chapter 5.52 YMC. B. Prior to the issuance of a license, the applicant must be qualified according to the provisions of all applicable city ordinances, the laws of the United States and of the state of Washington. The premises must meet the requirements of all applicable laws, ordinances, and regulations including but not limited to the International Building Code, and the Yelm Unified Development Code. All premises and devices must be inspected prior to issuance of a license. C. An application for an adult entertainment business license must be submitted to the city clerk /treasurer in the name of the person or entity proposing to conduct the adult entertainment business on the premises and must be signed by the person and certified as true under penalty of perjury. An application must be submitted on a form supplied by the city clerk /treasurer, which must require the following information: 1. For the applicant and for each applicant control person, provide: name(s), date(s) of birth, any aliases or previous names, drivers license number(s), social security number(s), and mailing and residential address(es); 2. The business name, business address, federal tax identification number, state of Washington master business license number and business telephone number of the business or proposed business, together with a description of the nature of the business; Agenda Item 8. a. Unified Development Code Page 330 of 340 3. Whether the business or proposed business is the undertaking of a sole proprietorship, partnership or corporation. If a sole proprietorship, the application shall set forth the name, address, telephone number and principal occupation of the sole proprietor. If a partnership, the application shall set forth the names, addresses, telephone numbers, principal occupation and respective ownership shares of each partner, whether general, limited or silent. If a corporation, the application shall set forth the corporate name; a copy of the articles of incorporation, including date and place of incorporation; and the names, addresses, telephone numbers and principal occupations of every officer and director of the corporation, and every shareholder having more than five percent of the outstanding shares of the corporation; and evidence that the partnership or corporation is in good standing under the laws of Washington; and the name and address of the registered agent for service of process; 4. For the applicant and all applicant control persons, a description of business, occupation or employment history for the three years immediately preceding the date of the application; 5. For the applicant and all applicant control persons, all criminal convictions or forfeitures within five years immediately preceding the date of the application, other than parking offenses or minor traffic infractions, including the dates of conviction, nature of the crime, name and location of court and disposition; 6. Whether the applicant or a partner, corporate officer, or director of the applicant holds another license under this chapter or a license for similar adult entertainment or sexually oriented business, including a motion picture theater, or a panorama, from another city, county or state, and if so, the name and address of each other licensed business; 7. A summary of the business history of the applicant and applicant control persons in owning or operating the adult entertainment or other sexually oriented business providing names, addresses and dates of operation for such businesses, and whether any business license or adult entertainment license has been revoked or suspended and the reason for the revocation or suspension; 8. Authorization for the city of Yelm, and its agents and employees, to seek information to confirm any statements set forth in the application; 9. The location and doing- business -as name of the proposed adult entertainment business, including a legal description of the property, Agenda Item 8. a. Unified Development Code Page 331 of 340 street address, and telephone number, together with the name and address of each owner and lessee of the property; 10. Two two -inch by two -inch photographs of the applicant and applicant control persons, taken within six months of the date of application showing only the full face; 11.A complete set of fingerprints for the applicant or each applicant control person, taken by the law enforcement agency for the jurisdiction, or such other entity as authorized by the law enforcement agency; 12. Each applicant shall verify, under penalty of perjury that the information contained in the application is true; 13. A scale drawing or diagram showing the configuration of the premises for the proposed adult entertainment business, including a statement of the total floor space occupied by the business, and marked dimensions of the interior of the premises. Performance areas, seating areas, manager's office and stations, restrooms, arcade booths or devices, overhead lighting fixtures, and service areas shall be clearly marked on the drawing. An application for a license for an adult entertainment business must include building plans which demonstrate conformance with city adopted building code requirements. D. Applications shall be accompanied by a nonrefundable fee as set by resolution of the city council; however, until such fee is set by such a resolution, the fee shall be $500.00. E. Within five days of receipt of a properly completed application for an adult entertainment business license, the city clerk /treasurer shall transmit copies of such application to the police department and community development department. F. Within 30 days of receipt of a properly completed application for an adult entertainment business license, the city clerk /treasurer shall issue the license unless advised by the community development department that the use or proposed use of the premises, does not have the applicable land use approval as per the city's zoning code or other applicable land use laws and regulations; or the city clerk /treasurer is advised by the building department that the buildings upon the subject premises fail to meet the requirements of the building, fire, mechanical or plumbing codes applicable to the proposed use; or the city clerk /treasurer is informed by the police department that the owner, partner, or stockholder holding more than five percent of the outstanding shares of the owning corporation has been convicted of or forfeited bail for any crime which may reasonably indicate a likelihood of future violation of Agenda Item 8. a. Unified Development Code Page 332 of 340 the terms of this chapter by such owner, partner, or stockholder. Issuance of the license required in this chapter shall not constitute a waiver of or exemption from the application of any land use, building, health or safety laws pertinent to the proposed use. G. An adult entertainment business license shall expire on December 31st of the year for which it is issued or renewed. H. An adult entertainment business license may be renewed by submitting a new application and following the application procedure set forth herein above; provided, that a renewal application shall not be submitted prior to September for the following calendar year. I. If, subsequent to the issuance of an adult entertainment business license, a person or entity acquires a significant interest based on responsibility for management or operation of the business, notice of such acquisition shall be provided in writing to the licensing administrator, no later than 21 calendar days following the acquisition. The notice required must include the information required for the original adult entertainment business license application. J. The adult entertainment business license, if granted, must state on its face the name of the person or persons to whom it is issued, the expiration date, the doing- business -as name and the address of the licensed adult entertainment business. The license must be posted in a conspicuous place at or near the entrance to the adult entertainment business so that it can be easily read when the business is open. K. A person granted an adult entertainment business license under this chapter may not operate the adult entertainment business under a name not specified on the license, nor may a person operate an adult entertainment business, or an adult entertainment device under a designation or at a location not specified on the license. 5.52.050 Licensing of managers, entertainers, and employees A. A person may not work as a manager, assistant manager, or entertainer at an adult entertainment business without a manager's or an entertainer's license from the city clerk /treasurer. An applicant for a manager's or entertainer's license must complete an application on forms provided by the city clerk /treasurer containing the information identified in this subsection. A nonrefundable license fee must accompany the application. The city clerk /treasurer shall provide a copy of the application to the police department for its review, investigation and recommendation. An application for a manager's or entertainer's license must be signed by the applicant and certified to be true under penalty of perjury. The manager's or entertainer's license application must require the following information: Agenda Item 8. a. Unified Development Code Page 333 of 340 1. The applicant's name, home address, home telephone number, date and place of birth, fingerprints taken by the police department (or such other entity as authorized by the police department or licensing administrator), social security number, and any stage names or nicknames used in entertaining; 2. The name and address of each business at which the applicant intends to work; 3. A complete statement of all convictions of the applicant for any misdemeanor or felony violations in the jurisdiction or any other city, county, or state within five years immediately preceding the date of the application, except parking violations or minor traffic infractions; 4. Documentation that the applicant has attained the age of 18 years. Any two of the following are acceptable as documentation of age: a. A motor vehicle operators license issued by any state bearing the applicants photograph and date of birth; b. A state issued identification card bearing the applicant's photograph and date of birth; c. An official passport issued by the United States of America; d. An immigration card issued by the United States of America; or e. Any other identification that the licensing administrator determines to be acceptable and reliable; 5. A description of the applicant's principal activities or services to be rendered; 6. Two two -inch by two -inch color photographs of applicant, taken within six months of the date of application showing only the full face; 7. Authorization for the city, its agents and employees to investigate and confirm any statements in the application. B. Applications shall be accompanied by a nonrefundable fee as set by resolution of the city council; however, until such fee is set by resolution, the fee shall be $100.00. C. The city clerk /treasurer shall transmit the application for an entertainer's license to the police department within five days after its receipt. D. The city clerk /treasurer shall issue an adult entertainment business manager's or entertainer's license within 20 calendar days from the date the complete application and fee are received, unless the city clerk /treasurer is informed by the police department that the applicant has been convicted or forfeited bail to a crime or crimes which would Agenda Item 8. a. Unified Development Code Page 334 of 340 indicate a reasonable likelihood that the applicant would violate the terms of this chapter if so licensed; or the city clerk /treasurer determines that the applicant has failed to provide any information required to be supplied according to this chapter, had made any false, misleading or fraudulent statement of material fact in the application, or had failed to meet any of the requirements for issuance of a license under this chapter. If the city clerk /treasurer determines that the applicant does not qualify for the license applied for, the city clerk /treasurer shall deny the application in writing and shall cite the specific reasons therefore, including applicable laws. E. The manager, entertainer and employee license shall expire on December 31st of each year in which it is issued or renewed. F. The manager, entertainer and employee license may be renewed by submitting a new application and following the application procedure set forth herein above; provided, that a renewal application shall not be submitted prior to September for the following calendar year. G. Every entertainer and employee shall provide his or her license to the adult entertainment business manager on duty on the premises prior to his or her performance. The manager shall retain the licenses of the entertainers readily available for inspection by the city, its agents, and employees, at any time during business hours of the adult entertainment business. H. The city clerk /treasurer may request additional information or clarification when necessary to determine compliance with this chapter. I. The contents of an application for an entertainer's license and any additional information submitted by an applicant for an entertainer's license are confidential and will remain confidential to the extent authorized by Chapter 42.17 RCW. Nothing in this subsection prohibits the exchange of information among government agencies for law enforcement or licensing or regulatory purposes. 5.52.060 Revocation of licenses. A. The city clerk /treasurer shall revoke an adult live entertainment center license or an entertainer's license issued pursuant to this chapter if the city clerk /treasurer finds any of the following conditions to exist: 1. The licensee has made a false statement or given false information in connection with the application for the applicable license. 2. The licensee has violated or permitted violation of any provisions of Chapters 5.52, 9.86, or Title 18 YMC. 3. The licensee has been convicted or forfeited bail to any of the crimes which would have caused the director to refuse to issue the license Agenda Item 8. a. Unified Development Code Page 335 of 340 upon the initial or renewal application. B. Appeal from either the denial of a license or the revocation of a license shall be made to the city council provided for in Chapter 18.14 YMC 5.52.070 Violation — Nuisance. Any activity, act or conduct contrary to the provisions of this chapter is declared to be unlawful and a public nuisance and such activity, act or conduct may be enjoined by an action brought by the city attorney or other interested person. 5.52.080 Violation — Penalty. Any person, firm or corporation violating any provision of this chapter shall be guilty of a misdemeanor and each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during which any violation is committed, continued or permitted. No person shall be deemed guilty of any violation of this chapter if acting in an investigative capacity pursuant to the request or order of the police chief, city attorney or duly appointed agent of either. January 20, 2015 vn1i rY Cll 0 0 vANDY WOLF SUPERINTENDENT Grant Beck Director of Community Development City of Yelm 105 Yelm Avenue West Yelm, WA 98597 RE: Proposed Concurrency Management Legislation Dear Grant: Agenda Item 8. a. Unified Development Code Page 336 of 340 360.458.1900 FAX: 360.458.6178 107 FIRST STREET NORTH PO Box 476 YELM, WA 98597 -0476 dwol F@ycs.wed net.ed u First, we would like to thank you for taking your time these past months to work with our legal counsel regarding Yelm Community Schools' need for municipal water service for land acquired by the District within the City of Yelm which, in part, will serve the next school facility proposed to be constructed upon the passage of a successful bond election. This next school facility will assist in alleviating overcrowding in our schools. The District appreciates the discussions and brainstorming efforts. Second, the District is strongly supportive of the City's recognition of the vital importance to provide municipal water services to public facilities in order to serve the community. The District further appreciates the City's recognition that schools are, indeed, an essential public facility and that the City has proposed to expressly define schools as such in its proposed Unified Development Code. The recognition of the importance of public infrastructure to serve public facilities assists in making public facilities available in the Urban Growth Area, a goal of Vision 2040 under the Growth Management Act. We will be present to support the Ordinance at the City Council hearing on January 27, 2015. Again, thank you for your assistance. Agenda Item 8. a. Unified Development Code Page 337 of 340 Tam! Merriman From: Dana Spivey Sent: Wednesday, January 21, 2015 9:01 AM To: Grant Beck; Tami Merriman Cc: Shelly Badger Subject: FW: Message from Website - Comment Per Shelly's request, please see below.. Dana Spivey, Exec. Dept. Admin. Asst. City of Yelm danas @ci.yelm.wa.us 360 -458 -8816 From: City of Yelm [ mailto :tamara.lenoreCatgmail.com] Sent: Friday, January 16, 2015 4:08 PM To: Webmaster; Shelly Badger Subject: Message from Website - Comment First Name: Tamara Last Name: Johnson Street Address: 1110 Rhoton Ct NW City: Yelm Zip Code: 98597 Phone: tamara.lenore@gmail.com Email: tamara.lenorcci .�r nail.com The current zoning codes do not explicitly prohibit or allow chickens in city limits. The city of Yelm should be progressing like many other cities to allow property owners to raise hens in their own yard. Seattle, Lacey, and many other cities allow chickens with less focus on agriculture, yet here in Yelm with a development plan that wants to focus on agriculture, there is nothing allowing people to raise their own hens. Why? Why wont Yelm join the progressing cities that allow the citizens the freedom to own animals that allow them to be more self sufficient and add joy to their lives? Agenda Item 8. a. Unified Development Code Page 338 of 340 Tami Merriman From: Dana Spivey Sent: Wednesday, January 21, 2015 8:49 AM To: Grant Beck; Tami Merriman Cc: Shelly Badger Subject: FW: Message from Website - Comment Per Shelly's request, please see below, Dana Spivey, Exec. Dept. Admin. Asst. City of Yelm danas @ci.yelm.wa.us 360 - 458 -8816 From: City of Yelm [mailto: kerimayO)comcast. net] Sent: Monday, January 19, 2015 4:40 PM To: Webmaster; Shelly Badger Subject: Message from Website - Comment First Name: Keri Last Name: May Street Address: 10345 Red Fern Ct SE City: Yelm Zip Code: WA Phone:2533070511 Email: kerimayacomcast.net I feel that you should be able to have chickens in the city limits of Yelm. I would understand if there was a limited number, like 5, but I don't understand why we cannot have chickens in the city limits. 1 Agenda Item 8. a. Unified Development Code Page 339 of 340 Tami Merriman From: Shelly Badger Sent: Wednesday, January 21, 2015 8:11 AM To: Grant Beck; Tami Merriman Cc: Dana Spivey Subject: FW: Message from Website - Chickens Another comment regarding chickens. Dana, can you please pass along to Grant and Tami the recent website comments we have received related to chickens. Thank you, Shelly Shelly Badger City Administrator 1 (360) 458 -8405 1 (360) 458 -4348 fax I shellvb @ci.yelm.wa.us City of Yelm I Yelm City Hall 1 105 Yelm Avenue West I Yelm WA 98597 1 www.ci.yelm.wa.us From: City of Yelm [mailto:Tigrislil24 yahoo.com] Sent: Tuesday, January 20, 2015 6:10 PM To: Webmaster; Shelly Badger Subject: Message from Website - Comment First Name: Heather Last Name: Duell Street Address: 15323 105th ace SE City: Yelm Zip Code: 98597 Phone: 9103642672 Email: Tigrisli1242yahoo.com I would like Information regarding having chickens within city limits. I was I formed that the council voted no but I would like to know why. Thank you for your time. i Agenda Item 8. a. Unified Development Code Page 340 of 340 Tami Merriman From: Denise Smith [rdsfamily2000 @hotmaii.com] Sent: Tuesday, January 20, 2015 10:42 AM To: Tami Merriman Subject: RE: Public Hearing for Draft Unified Development Code Attachments: Olympia city ordinance for chickens.doc Thank you Tami for updating me on the City Councils decision regarding "Urban Chickens ". I would like to know why the Yelm City Council has decided against allowing chickens in the city limits when surrounding cities have successfully incorporated reasonable municipal codes to allow city inhabitants to keep chickens. Surrounding cities such as Lacey, Tumwater, and Olympia all allow for chickens in the city limits. As well as larger cities such as Tacoma and Seattle. The current definition of "Pet Animal" in our municipal code reads: "6.08.030 Definitions S. "Pet animal" means any species of wild or domestic animal sold or retained for the purpose of being kept for pleasure, companionship or utilitarian purposes and not kept as a food source. " So, we can have lions, tigers and bears as pets as long as they are companions, but, we can't have a couple chickens, a micro pig, or a pygmy goat. I have condensed and attached the municipal codes for Olympia, Tumwater, Tacoma, and Seattle. I hope that the City Council members can see that with proper limitations chickens can be an acceptable family pet within the city of Yelm. Thank you, Denise Smith From: tamim @ci.yelm.wa.us To: tamim@ci.yelm.wa.us CC: KarenB @ci.yelm.wa.us; garyc @ci.yelm.wa.us Subject: Public Hearing for Draft Unified Development Code Date: Fri, 16 Jan 2015 23:40:25 +0000 Interested parties: You are receiving this notice as you have expressed interest and comments regarding the possibility of the City of Yelm allowing "Urban Chickens ". City Council spent considerable time reviewing the issue, however chose to keep existing rules that chickens are not allowed within Yelm City limits. The Yelm City Council has scheduled a public hearing to receive comments on the proposed amendment to the Yelm Municipal Code to adopt the Unified Development Code. The hearing is scheduled for 6:00 PM, on Tuesday, January 27, 2014 at the Yelm Public Safety Building. As a person who has expressed interest in the creation of the Unified Development Code (UDC), we are notifying you of the hearing and proposed adoption of the UDC. You can find the draft and proposed ordinance at http: / /www.ci.yelm.wa.us /udc/ Thank You To: Yelm City Council Agenda Item 8. b. Planning Commission Appointments Page 1 of 1 City of Yelm Staff Report From: Grant Beck, Community Development Director Date: January 23, 2015 (For January 27, 2015 Council Meeting) Subj: Confirmation of Planning Commission Appointments Recommendation Confirm Mayor Harding's re- appointment of John Thomson and Anne Wahrmund and the appointment of Jerry Fugich to fill a expired positions and Wayne Potter to fill a vacated position on the City of Yelm Planning Commission. Background At the end of October 2014, the term of one Planning Commissioner was vacated and at the end of December 2014, the terms of three Planning Commission positions expired. Pursuant to the Yelm City Council's Protocol Manual, the Community Development Department advertised the vacancies by an official announcement in the Nisqually Valley News, and by posting the announcement at public places in City Hall and the Library. The announcement was also sent to the incumbents, all board and commission chairpersons and all persons who have expressed an interested in the past to serve, but who were not previously selected. The Department received seven applications. Two applications were from current Planning Commission members John Thomson and Anne Wahrmund. Both current members have been valuable members of the Commission. The five additional applications were from Wayne Potter, Jerry Fugich, Charles Vela, Preston Collins and Dale Shirley. All applications are available for the Council's review if desired. Contact Karen Bennett, in the Community Development Department to review the applications. Current Situation The City Council should confirm Mayor Harding's re- reappointment of John Thomson and Anne Wahrmund and the appointment of Wayne Potter and Jerry Fugich to the Yelm Planning Commission. To From Date Yelm City Council Agenda Item 8. c. Historic Preservation Commission Appointments Page 1 of 1 City of Yelm Staff Report Grant Beck, Community Development Director January 23, 2015 (for January 27, 2015 Council Meeting) Subj: Confirmation of Historic Preservation Commission Appointment Recommendation Confirm Mayor Harding's re- appointment of Edward Blake and Claire Doyle to fill two expired positions on the Historic Preservation Commission. Background At the end of December 2014, the Historic Preservation Commission had two expired position. Pursuant to the Yelm City Council's Protocol Manual, the Community Development Department advertised the vacancy and term expirations by an official announcement in the Nisqually Valley News, and by posting the announcement at public places in City Hall and the Library. The announcement was also sent to all board and commission chairpersons and all persons who have expressed an interest in the past to serve, but who were not previously selected. The members whose terms expired were invited to reapply. The Department received two applications to fill the expired positions. Current Situation The City Council should confirm Mayor Harding's re- appointment of Edward Blake and Claire Doyle to this Historic Preservation Commission. To: Mayor Ron Harding Yelm City Council Agenda Item 8. d. SSMCP MOA Page 1 of 10 City of Yelm STAFF REPORT From: Shelly Badger, City Administrator Date: January 20, 2015 (for January 27th City Council meeting) Attach: Updated South Sound Military & Communities Partnership (SSMCP) Memorandum of Agreement (MOA) Recommendation Approve the updated Memorandum of Agreement for the South Sound Military & Communities Partnership at the Steering Committee funding level in the annual amount of $6,500. Background In 2011, the South Sound Military & Communities Partnership was created via a Memorandum of Agreement (MOA) with the City of Lakewood serving as the convener, providing staff support to the Partnership. The Partnership is comprised of Joint -Base Lewis- McChord (JBLM), Camp Murray, federal and state agencies, cities, counties, school districts and higher education institutions, associations, corporations, and not - for- project agencies. It provides the community with a single point of contact to communicate military- related activities that could affect the region as a whole. Additionally, the Partnership provides actionable recommendations to regional leaders on initiatives, programs, and topics that strengthen the role that Joint Base Lewis - McChord (JBLM), the National Guard, and Reserves play in America's defense strategy and the economic health and vitality of the region and the State of Washington. On December 10, 2013, the Yelm City Council approved an MOA joining the SSMCP effective January 1, 2014 at the Steering Committee level ($6,500 per year). Current Situation The MOA has been modified slightly, and is recommended for approval by the Steering Committee and requires approval by the Council. Changes from the 2014 MOA include: • Section II. Purpose: Addition of item (e). Coordinates state and federal legislative educational and advocacy efforts by members and SSMCP staff Agenda Item 8. d. SSMCP MOA Page 2 of 10 related to the promotion of common interests as approved by the Steering Committee. • Addition of reference to Camp Murray throughout the MOA. • Section III. Objectives (4) and throughout MOA. Addition of reference to recently identified SSMCP priorities and a summary thereof. • Section IV. Responsibilities (5). New item requiring one or more member - exclusive events annually during which data concerning progress and information about JBLM, Camp Murray, and SSMCP priorities would be shared. • Exhibit A: Membership and Annual Financial Commitment. • The City of University Place has been added as they joined mid -year 2014. • The Tacoma - Pierce County Department of Health was added as an approved member to donate in -kind efforts to cover all but $500 of its Working Group costs. • Addition of language prorating annual fees (on a monthly basis) during the first year for members who join after January 1. • Minor housekeeping edits. Yelm's funding contribution remains the same at the Steering Committee level, with an annual funding amount of $6,500 which has been included in the 2015 Budget. Staff recommends that Council approve the updated MOA for the South Sound Military & Communities Partnership. Agenda Item 8. d. SSMCP MOA Page 3 of 10 00 �� /� COMMUNITIES PARTNERSHIP MEMORANDUM OF AGREEMENT This agreement is made between the undersigned parties and hereto it is agreed as follows: I. Establishment: This Memorandum of Agreement (MOA) establishes the structure, roles and responsibilities of the South Sound Military & Communities Partnership (SSMCP, or the Partnership). This MOA supersedes previous SSMCP MOAs. II. Purpose: The Partnership provides a framework for collaboration in the south Puget Sound region between local governments, military installations, State agencies, and Federal agencies to better coordinate efforts in areas such as: military relations; transportation and land use planning; environmental protection; emergency preparedness; data coordination; funding requests (e.g., grant applications); health care coordination; population forecasting; workforce development; education; housing; community development; economic development; and other issues that may arise. The Partnership provides actionable recommendations to regional leaders on initiatives, programs, and topics that strengthen the role that Joint Base Lewis- McChord (JBLM), the National Guard, and Reserves play in America's defense strategy and the economic health and vitality of the region and the State of Washington. The Partnership: a. Focuses on the intersection of issues between local governments and the military community, engaging the support of the business, healthcare, education, workforce development, and social services communities; b. Assists in the coordination of governmental efforts so that all citizens of the community can receive the full benefits of the economic, civil, commercial, cultural, and educational opportunities presented to them, and so that the impact of the military community will be fairly shared; c. Promotes the general welfare of the region; d. Acts on behalf of the members as the regional organization recognized by the Federal government for applying for community assistance and grants related to mission changes and /or growth at JBLM and Camp Murray; e. Coordinates state and federal legislative educational and advocacy efforts by members and SSMCP staff related to the promotion of common interests as approved by the Steering Committee; and f. Acts as the regional representative of the member governments to coordinate with JBLM and Camp Murray regarding the ability of each installation to accomplish its current and future projected mission. III. Objectives: 1. Work collaboratively to create, expand, and improve opportunities to collect and disseminate information and best practices that address the challenges of the local communities, residents, 121914 SSMCP MOA per Steering Committee.doc Page 1 of 8 Agenda Item 8. d. SSMCP MOA Page 4 of 10 businesses, and military installations in our region to succeed in meeting their own needs without preventing the others from meeting their needs, both now and in the future. Specifically: a. Coordinate and provide recommendations to the region's leaders to remedy and protect JBLM and Camp Murray from encroachment or other initiatives that could result in degradation of or restriction to military operations on or based out of JBLM and Camp Murray. b. Notify the local military installations of development proposals or other projects in the surrounding communities that may impact military operations. 2. Coordinate with commanders, communities, and State and Federal agencies on affairs that affect the installation and may require State coordination and assistance. 3. Serve as a "single point of contact" to ensure that communities, the military, Washington State's congressional delegation, and other Federal agencies, as appropriate, are fully aware of activities likely to result in impacts or benefits to the region. 4. Support efforts by agencies and service providers in the region to implement the recommendations and strategies of the 2010 JBLM Growth Coordination Plan (GCP) and more recently identified SSMCP priorities, which include: a. A sound infrastructure system, adequate housing and education, and transition support into Pierce and Thurston county workforces for military members and their families, military retirees, and veterans; b. Support for economic development organizations and initiatives that focus on leveraging the military and related business opportunities to help create jobs and expand defense and homeland security related economic development activity in the South Sound. 5. Adopt processes, similar to those already in place for artillery firing notices, to ensure that the military installations provide timely advance notification of operations which are likely to impact other partner members, and that other partner members provide the same courtesy to the military installations. 6. Discuss and potentially act upon other issues or matters that the SSMCP deems essential to fulfilling its purpose. IV. Responsibilities: 1. Maintain a vision, organizational structure, brand, and a Work Plan for the Partnership consistent with the recommendations and strategies identified in the GCP and subsequent documents as well as other SSMCP priorities. 2. Form Working Groups (WGs) that support the Partnership and the implementation of the recommendations in the GCP. Consider stakeholders involved in the ten Expert Panels of the GCP effort for these working groups, but also be open to new stakeholders. 3. Develop and commit to a schedule of regular meetings for the Partnership and the WGs. 4. Hold an annual public forum that includes speakers from JBLM, regional stakeholders, and /or any other relevant organizations to share news; report on major changes at JBLM, Camp Murray, and in local jurisdictions; discuss progress on GCP strategies, SSMCP priorities and other plans; network among current and seek new SSMCP members; recognize outstanding service; and celebrate new partnerships and programs. 5. Hold one or more member - exclusive events (in person, via social media, etc.) annually during which data concerning progress and information about JBLM, Camp Murray, and SSMCP priorities would be shared (including, for instance, actual and projected military- connected (active duty, civilian employee, and military family( population and employment changes, construction projects, funding changes, mobilization and deployment, etc.) 121914 SSMCP MOA per Steering Committee.doc Page 2 of 8 Agenda Item 8. d. SSMCP MOA Page 5 of 10 6. Formalize a method for data sharing between JBLM and Camp Murray and the surrounding communities which would include the most recent military related population changes, including incoming personnel, deployments, Department of Defense (DoD) civilian operations, and construction projects. 7. Develop periodic memoranda, schedules or press releases to share with members regarding expansion /contraction of JBLM personnel, mobilization, and deployment. 8. Support information - sharing and appropriate advocacy with state and federal legislative bodies. 9. Accept an active role to ensure that GCP- related recommendations and other SSMCP priorities are funded and sustained through the foreseeable future. V. Membership: To ensure efforts of the Partnership are planned, coordinated, and implemented with a focus on outcomes, the structure of the SSMCP is as follows: 1. General Members. Role: The primary role of the general membership is to provide expertise, perspective and guidance to the Steering Committee on specific topics that promote the objectives of the SSMCP. Members will gather at least annually (more often, if necessary) to share best practices and receive information on changes at JBLM and Camp Murray, and in adjacent communities. They will also be encouraged to share their insights on existing conditions and growth trends; assist in the development of the GCP and other SSMCP priority implementation; and to review any studies, products, and other information developed by staff. Working Groups (WGs) will be established based on the strategies outlined in the GCP and on other topics of interest within the SSMCP membership. Each WG will select a spokesperson /chair that will serve on the Steering Committee to represent their strategy area /topic of interest. WG chairs will be expected to report on GCP strategy and SSMCP priority progress, and may also take new initiatives to the Steering Committee for consideration as part of the Partnership's annual work plan. The WGs already established include Transportation & Infrastructure (TI), Business & Development (BD), Social Services (SS), and Healthcare (HC). Participants: The Partnership is open to any person, association, group, or organization having an interest in the purpose and objectives of the SSMCP, and such will be considered a member upon payment of the annual dues established by the Steering Committee. The Partnership is intended to be as inclusive as necessary to address the numerous topical areas covered in the GCP and other SSMCP priorities. Benefits: a. Participate on one or more Working Groups of the member's choice; b. Participate in member - exclusive events and information sharing opportunities. 2. Executive Leadership Team. Role: The Executive Leadership Team (ELT) is operational in nature, overseeing the day -to -day work of Partnership staff, activities and budget and serving as a sounding board for staff on emerging issues, problems, and initiatives that may occur during the interval between meetings of the full Steering Committee. The ELT is structured to promote timely and manageable communication and coordination between leadership and staff. 121914 SSMCP MOA per Steering Committee.doc Page 3 of 8 Agenda Item 8. d. SSMCP MOA Page 6 of 10 Participants: The Executive Leadership Team (ELT) is open to any person, association, group, or organization having an interest in the purpose and objectives of the SSMCP, and such will be considered a member upon payment of the annual dues established by the Steering Committee. 3. Steering Committee. Role: The Steering Committee (SC) is the foundation of the Partnership and the members are committed to remaining actively involved in the Partnership moving forward. The SC provides broad oversight to the implementation of the recommendations, strategies and action items outlined in the GCP and subsequent documents and identified as other SSMCP priorities. The SC coordinates the work of assigned staff with members of the Partnership, helps develop an annual work plan to implement GCP strategies and other SSMCP priorities, approves the annual work plan, authorizes the annual budget, and is committed to ensuring that the SSMCP remains sustainable and has high value for the region. Finally, the SC is responsible for authorizing the creation of Working Groups (WGs) that reflect the needs, opportunities and intersection of military and community issues. Regular members will typically represent the local military installations, local and state governments, and affected service districts in the region. The SC shall meet as necessary, but not less than quarterly, in order to coordinate the activities of assigned staff and clarify issues, formulate strategies, and propose action plans. Participants: The Steering Committee (SC) is open to any person, association, group, or organization having an interest in the purpose and objectives of the SSMCP, and such will be considered a member upon payment of the annual dues established by the Steering Committee. 4. Elected Officials Council. Role: The current Elected Officials Council (EOC) role and structure will be maintained to continue advocating for military issues of mutual concern in the south Puget Sound region. Participants: All elected leaders within Pierce and Thurston Counties, the surrounding cities and legislative districts are invited to attend EOC meetings, but a single representative from each governmental body is requested to represent their interests on the EOC. The EOC is convened by the Mayor of Lakewood, the Pierce County Executive, and the Chair of the Thurston County Commissioners 2 -3 times annually to receive updates on military and community issues, review the annual work plan, coordinate legislative strategies, and suggest outreach efforts to maintain a high level of visibility for these priorities. EOC meetings will conform to the Open Public Meetings Act of the State of Washington, 42.30 RCW. VI. Funding: There is a financial commitment required to participate in the Partnership. To ensure smooth and continuous operations over time, it is desirable to structure for maximum financial stability. To that end, the dues for Executive Leadership team (ELT) and Steering Committee (SC) members are set based on the funds needed for pay, benefits, and program overhead for two full -time SSMCP staff members to focus on the work plan priorities established by the SC. Costs are also expected to include operations and administration, consultant efforts, and the commissioning of special studies as well as other activities as approved by the Steering Committee. Each year, in conjunction with preparation of the Annual Work Plan and Budget, dues will be calculated based on a methodology 121914 SSMCP MOA per Steering Committee.doc Page 4 of 8 Agenda Item 8. d. SSMCP MOA Page 7 of 10 agreed to by a majority of the combined ELT and SC members. This commitment is outlined in Appendix A of this Agreement. VII. Formation of Subcommittees: The Partnership may be supported by technical experts, advisors, and community staff and leadership in various agency, jurisdictional, non - profit, and institutional capacities. Subcommittees will be formed by action of the SC as necessary to carry out the specific recommendations and strategies of the GCP or other SSMCP priorities. VIII. Review /Changes: The signatories (or their successors) will review this MOA periodically, but no less than annually. Proposed changes to this MOA will be in writing and shall be subject to approval in any event by the signatories or their successors. IX. Effective Date and Termination: This Agreement is effective when signed and shall remain in effect until terminated by a majority of the Steering Committee members in good standing. Any member partner may terminate its membership in the Partnership by providing no less than 30 days written notice to the Partnership of the desired termination date. X. Indemnification: Each Party shall defend, indemnify and hold each other harmless from any and all claims, demands, suits, actions, judgments, recoveries, liabilities, penalties, costs and expenses, including, but not limited to reasonable attorneys' fees, resulting from damage or bodily injury, including death, to the extent caused by a Party's breach of this Agreement or the negligent actions or omissions of that Party, or its employees, agents, or officers, elected or appointed. The foregoing indemnity specially covers actions brought by the Party's own employees, and each Party agrees that the foregoing indemnity is specifically and expressly intended to constitute a waiver of immunity under Washington's Industrial Insurance Act, RCW Title 51, but only as to the Party entitled to indemnity and only to the extent necessary to provide a full and complete indemnity as required under this Section. The indemnification obligation provided in this section shall survive the expiration or earlier termination of this Agreement for the duration of any applicable statute of limitations. XI. Effect of Agreement: This MOA is an internal agreement and does not confer any rights upon any individual or other entity. This MOA sets forth mutual goals and approaches. This MOA is not intended to create any rights, benefits, or other responsibilities, either substantive or procedural, nor is it enforceable as law or equity by a party against the U.S., its agencies, its officers, or any other person. Nothing in this MOA shall obligate members to expend other monies or enter into any contract or other obligation. Nothing in the MOA shall be interpreted as limiting, superseding, or otherwise affecting the Parties' normal operations or decisions in carrying out their statutory or regulatory duties. This MOA does not limit or restrict members from participating in similar activities or arrangements with other agencies. 121914 SSMCP MOA per Steering Committee.doc Page 5 of 8 Agenda Item 8. d. SSMCP MOA Page 8 of 10 Signed, dated and acknowledged: Pierce County City of DuPont City of Lacey City of Lakewood Town of Steilacoom City of Tacoma City of University Place Thurston Regional Planning Council Thurston County City of Yelm Nisqually Indian Tribe Washington Military Department, Camp Murray Washington State Department of Transportation Tacoma - Pierce County Chamber of Commerce United Way Pierce County Joint Base Headquarters, Joint Base Lewis- McChord Tacoma Pierce Co. Department of Health 121914 SSMCP MOA per Steering Committee.doc Page 6 of 8 Agenda Item 8. d. SSMCP MOA Page 9 of 10 EXHIBIT A Membership and Annual Financial Commitment The Executive Leadership Team (ELT) will be comprised of the following members: 1. City of Lacey 2. City of Lakewood 3. Pierce County 4. Joint Base Lewis- McChord Headquarters (advisory only) The chief appointed official from each of the local governments will represent their jurisdiction on the ELT. JBLM will be represented by the Joint Base Commander (JBC) and /or his Chief of Staff. ELT members will also be members of the Steering Committee, and on an annual rotating basis (or other arrangement) each member of the ELT will serve as chair of the Steering Committee at the regular monthly meeting. The Steering Committee (SC) will be comprised of regular members and Working Group (WG) Chairs. Regular members will consist of government representatives from the following: 1. City of DuPont 2. City of Tacoma 3. City of University Place 4. City of Yelm 5. Nisqually Tribe 6. Joint Base Lewis- McChord Headquarters 7. Thurston County 8. Thurston Regional Planning Council 9. Town of Steilacoom 10. Washington Military Department (Camp Murray) The chief appointed official from each of the local governments will represent their jurisdiction on the SC. Working Groups (WG) consist of the numerous public and private sector interests in our region that interact with JBLM and Camp Murray. WG Chairs will be the chief appointed officials or their designees from the following: 1. Tacoma - Pierce County Chamber (as Chair of the Business and Development WG) 2. United Way of Pierce County (as Chair of the Health and Social Services WG) 3. Washington State Department of Transportation (as Chair of the Transportation WG). 4. If needed, other WGs will be formed at the request of the SC, and Chairs will be appointed accordingly. Financial Commitments Financial commitments are tiered based on level of involvement, as follows: 1. Executive Leadership Team (ELT): City of Lacey $20,000, City of Lakewood $50,000, Pierce County $50,000. 2. Steering Committee: $6,500 annually unless this amount is prohibited by law, regulation, or local policy. 3. Working Group (WG) Chairs: $2,500 annually for as long as they actively chair a WG.* 4. General Members: $500 annually. 121914 SSMCP MOA per Steering Committee.doc Page 7 of 8 Agenda Item 8. d. SSMCP MOA Page 10 of 10 Membership costs may be reduced through in -kind donations with advance approval of the majority of SC members in good standing. An example of an acceptable in -kind donation is staff time dedicated to SC Work Plan priorities that is significantly above and beyond that expected of all SC members in their role on the SC. *As approved by the Steering Committee, in 2015, the Tacoma - Pierce County Department of Health shall pay $500 and donate in -kind effort by its representative to cover its WG Chair costs. The City of Lakewood will act as the fiduciary agent for the SSMCP and will be responsible for invoicing the members pursuant to this agreement. Invoicing After signature, members will be invoiced for annual membership fees. Invoicing will begin in October of the preceding year. Membership fee payment that is not received by February Twill be considered late and will suspend the member's meeting attendance and voting privileges. A member's good standing will be reinstated upon receipt of the full membership fee. Annual fees shall be prorated on a monthly basis during the first year for members who join after January 1 of that year; such members will pay full fees in subsequent years. 121914 SSMCP MOA per Steering Committee.doc Page 8 of 8 AGENDA YELM CITY COUNCIL STUDY SESSION WEDNESDAY, JANUARY 28, 2015 5:00 P.M. Call to Order 2. Roll Call 3. Agenda Approval 4. Presentations a. Topic: Greenhouse Gas Inventory Report — Thurston Climate Action Team, Tom Crawford, Vice Chair (30 minutes) na /oly- wa. 0- s/ ') hLirs'tonclirna'teac'wion /PDF /ThI _rs'tonCoL&n't CreenhouseCasllnvento IPe Q 10 LL26 f b. Topic: 2014 Budget Amendment Teresa Mattson (15 minutes) 5. Mayor's Report 6. Council Initiatives Upcoming Meetings Regular City Council Meeting, Tuesday, February 10, 2015, 6:00 pm, Public Safety Building Regular City Council Meeting, Tuesday, February 24, 2015, 6:00 pm, Public Safety Building Study Session Meeting, Wednesday, February 25, 2015, 5:00 pm, Public Safety Building Meeting Information It is the City of Yelm's policy to provide reasonable accommodations for people with disabilities. If you are a person with a disability and in need of reasonable accommodations to conduct business or participate in government processes or activities, please contact Janine Schnepf, at 360.458.8402 at least four (4) working days prior to the scheduled event. The Preliminary Agenda and Approved Council Minutes are available at www.ci. elm.wa.us.