996 Amend UDC referencesCITY OF YELM ORDINANCE No. 996
AN ORDINANCE of the City of Yelm amending Chapters 2, 5, 9, and 13 of the Yelm
Municipal Code relating to the Unified Development Code.
WHEREAS, the City of Yelm adopted Ordinance 995 (01/27/15) amending the Yelm Municipal
Code; and
WHEREAS, with the adoption of Ordinance 995, certain chapters and sections of the Code were
amended or repealed; and
WHEREAS, references to those chapters and sections were left in other chapters of the Code, and
must be updated and removed;
Now, THEREFORE, the Yelm City Council do ordain as follows:
SECTION 1.
Chapter 2.52 YMC - State Environmental Policy Act Guidelines* is amended as follows:
2.52.010 Statutory provisions adopted by reference.
*State Environmental Policy Act regulations, as adopted by the city, can be found in
Chapter 18.20 YMC.
2.52.010 Statutory provisions adopted by reference.
The city of Yelm, hereinafter in this chapter for convenience only referred to as the "city,"
adopts by reference the policies of the State Environmental Policy Act as expressed in
Sections W 43.21C.010 and 43.21C.020 RCW -F Q ' '
SECTION 2.
Chapter 5.02 YMC - Business Licenses Generally is amended as follows:
5.02.010 Definitions.
The following definitions shall apply in construing the provisions of this chapter, except
where otherwise declared or clearly apparent from the context:
A. "Business," "occupation" or "pursuit" means and includes all home occupations,
wholesalers, retailers, service providers, towing operators, peddlers, canvassers,
solicitors, for -hire vehicles, limousine services, pawnbrokers, secondhand dealers and
junk dealers engaged in with the object of economic gain, benefit or advantage to the
person, firm or corporation, or to another person or class, directly or indirectly,
whether part -time or full -time, whether resident or nonresident except those
businesses or activities for which licenses of franchises are required by any other
chapter or section of the Yelm Municipal Code as now or hereafter enacted or
amended.
B. "Canvasser," "peddler," or "solicitor" is defined as solicitor.
C. "City" means the city of Yelm.
D. "Corporation" See "Person."
E. "Director' means the city clerk /treasurer of the city of Yelm.
F. "Driver" and "operator' mean the person physically engaged in driving a for -hire
vehicle, whether or not the person is the owner of or has any financial interest in the
vehicle.
G. "Engage in business" means commence, conduct, or continue in business, and also the
exercise of corporate or franchise powers as well as liquidating a business when the
liquidators thereof hold themselves out to the public as conducting such business.
H. "Firm" See "Person."
I. "For -hire vehicle" includes all vehicles used for the transportation of passengers for
compensation, except chartered and scheduled buses, vehicles not for hire by the
general public such as vans operated by hotels, employers, churches, schools and
retirement facilities and ride share vehicles. The term primarily includes taxicabs and
limousines.
J. "Limousine" means a chauffeur - driven, unmetered, unmarked luxury motor vehicle
pre- arranged for transportation meeting the definition in Section 46.04.274 RCW.
Limousines differ from "taxis" in that they are for the exclusive use of the person(s)
paying the pre- arranged fare, are unmetered, unmarked, and are not available for
spontaneous hire.
K. "Occupational permit" is a requirement for certain occupations, that by their nature
present a heightened public safety risk, including: for -hire vehicle driver, locksmith, or
solicitor.
L. "Operator" See "Driver."
M. Peddler. See "Solicitor."
N. "Person" means any natural person of any gender, firms, corporations, partnerships or
associations either acting by themselves or by servant, agent or employee. The singular
shall include the plural.
O. "Person," "firm," or "corporation," used interchangeably in this chapter, means any
individual, receiver, assignee, trustee in bankruptcy, trust, estate, firm, co- partnership,
joint venture, club, company, joint stock company, business trust, corporation,
association, canvasser, peddler, solicitor, society, or any group of individuals acting as a
unit, whether mutual cooperative, fraternal, nonprofit or otherwise, and includes the
United States or any instrumentality thereof, for whom a valid business license may be
required therefrom under the provisions of this chapter.
P. "Pursuit" See "Business."
Q. "Solicitor" within the meaning of this chapter is any person who, either as a principal or
agent, goes from door to door or from place to place and enters upon any private
property within the city and thereon engages in any of the following activities:
1. Sells, takes orders for, or offers to sell or take orders for, any goods, wares or
merchandise whether or not collecting in advance for such goods, wares or
merchandise; and /or
2. Sells, takes orders for, or offers to sell or take orders for services, whether or not
collecting in advance for the performance of such services; and /or
3. Sells, takes orders for, or offers to sell or take orders for the making, manufacturing, or
repairing of any article or thing whatsoever, whether or not collecting in advance for
the performance of such services; and /or
4. Seeks contribution or donations.
R. "Towing operator" is anyone engaged in the business of offering towing service by use of
a vehicle wrecker or by a vehicle adapted to that purpose, whereby motor vehicles are
towed or are otherwise removed from the place where they are disabled.
S. "Home occupation" means any activity conducted for financial gain or profit in a dwelling
unit, and which activity is not generally or customarily characteristic of activities for which
dwelling units are intended or designed; such activity is clearly incidental or secondary to
the residential use of a dwelling unit; and is conducted only by persons residing in the
dwelling unit; provided, however, that neither the conduct of a "garage sale" nor the
operation of a "family day -care home" is defined as a
home occupation.
5.02.035 Home occupation permit.
No person shall operate a business in their home within the city without first obtaining a
permit from the city.
SECTION 3.
Chapter 5.36 Garage Sales is amended as follows:
5.36.030 Restrictions
No individual seller, household, home address, group or family shall be permitted to have
more than two garage sales each calendar year. The length of time for each garage sale
shall not exceed six combined days and shall be held at least four months apart. Garage
sales shall be conducted only between the hours of 8:00 a.m. and 8:00 p.m. Goods
displayed in any garage sale may not be displayed in the public right -of -way. No sign permit
is required; however, a signs advertising a garage sale may be posted only on the property
where the sale is being held and only during the duration of
the sale, Section 18.62.040 (F) YMC. All merchandise offered for sale shall be arranged so
that fire, police, health or other officials may have access for inspection at all times during
the sale.
SECTION 4.
Chapter 9.68 Park Rules is amended as follows:
9.68.010 Structures and signs.
A. Signs shall not be allowed in city parks unless approved as part of a park use request and
consistent with the Yelm sign code, Chapter 18.62 YMC. It shall be the responsibility
of the park user to obtain a permit if required pursuant to the sign code.
B. Park users shall not erect any structure in city parks except temporary stands or tents as
authorized as part of a community event sanctioned by resolution of the city council and
sponsored by a community- oriented nonprofit organization.
SECTION 5.
Chapter 13.10 Stormwater System is amended as follows:
13.10.010 Definitions.
The following words, for purposes of this chapter, shall have the meaning set forth in this
section unless the context clearly indicates otherwise:
"Commercial /industrial parcel" means any parcel which has been developed for any
purpose other than as a single - family dwelling unit, duplex, multiple - family residential
parcel, or condominium.
"Condominium" shall have the same meaning as in Section 18.02.040 YMC.
"Impervious surface" as defined by the current adopted city of Yelm stormwater manual
along with structures.
"Multiple- family residential parcel," except as otherwise provided herein, means any parcel
including but not limited to an apartment house, developed and constructed for occupancy
by three or more families, all living independent of each other and having separate kitchen
facilities for each family.
"Parcel" means any area of land which is listed as a parcel by the Thurston County assessor,
whether such parcel is publicly or privately owned.
"Single- family residential parcel" means a parcel which has been developed and
constructed for the purpose of providing a single dwelling unit for one family and which
parcel continues to be used for that purpose except a qualified home occupation.
.J
"Undeveloped parcel," usually referred to as a "vacant lot," means a parcel which contains
no structures or substantial impervious surfaces and is not used for any residential,
commercial, industrial, public, or other purpose.
13.10.020 Development guidelines.
Those certain guidelines and standards for the city entitled "Engineering Specifications and
Standard Details" as published January 1995 and amended
thereafter, are adopted as the official development standards for use on all development
projects within the city and within city service areas, annexation areas, or planning areas to
the extent that the city has the authority to require such guidelines and standards. In case
of conflict between the development guidelines and other duly adopted ordinances,
resolutions, or policies of the city, the provisions of the development guidelines adopted by
this chapter shall prevail.
SECTION 16.
This ordinance shall take effect five days after passage, approval, and publication.
PASSED by the City Coun 'of Yelm this 10th day of February, 2015.
IT
Ron Harding, Mayor
Authenticated:
4,4� d 44tv�--
J nine A. Schnepf, City Clerk
PUBLISHED: Nisqually Valley News, February 20, 2015
EFFECTIVE DATE: February 25, 2015