555 GMA DEVELOPMENT REGS
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ORDINANCE NO. ~
AN ORDINANCE OFTHE CITY OF YELM, WASHINGTON, RELATING TO adoption
of development regulations pursuant to the Growth Management Act.
THE CITY COUNCIL OF THE CITY OF YELM DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Section 14.04.030 of the Yelm Municipal Code shall be amended to read as
follows:
14.04.030 Designation of responsible official. For those proposals for which the
City is the lead agency, the responsible official shall be the City administrator of the City
of Yelm. For all proposals for which the City is the lead agency, the responsible official
shall make the threshold determination, supervise scoping and preparation of any
required environmental impact statement (EIS), and perform any other functions assigned
to the "lead agency" or "responsible official" by those sections of the SEPA Rules
adopted by reference in the ordinance codified in this chapter. The City shall retain all
documents required by the SEPA Rules and make them available in accordance with
Chapter 42.17 RCW.
Section 2. Chapter 14.04 of the Yelm Municipal Code shall be amended by inserting the
following as new sections:
14.04.025 Threshold criteria for exempt actions. A. The exempt threshold for
actions in the City of Yelm under Part Nine, WAC 197-11-800(1 )(b) shall be:
1. The construction or location of residential structures of up to and
including 4 dwelling units.
2. The construction of a barn or agricultural building to be used by the
owner of the site for the conduct of farming of up to and including 10,000 square feet.
3. The construction of any office, school, commercial, recreational,
service, or storage building with up to and including 4,000 square feet and with
associated parking facilities designed for up to and including 20 automobiles.
4. The construction of a parking lot designed for up to and including
20 automobiles
5. Any landfill or excavation permit for 100 cubic yards or less
throughout the lifetime of the permit.
B. Provided, however, that the exceptions set forth wQuld not apply where:
1. The property in question is within the line of ordinary high water of
any body of water.
2. The permit in question authorizes work within a wetland delineated
pursuant to the Critical Areas Ordinance.
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3. The permit in question does not seek a variance from any of the
provisions of the zoning, critical areas, or other development regulations of the City.
14.04.027 Adoption of SEPA policies. The following documents are adopted as
SEPA policies of the City of Yelm:
A. The Comprehensive Plan of the City of Yelm and Joint Plan with Thurston
County, together with appendices and plans referenced therein.
B. The Shoreline Master Program for the Thurston Region.
C. The Nisqually River Management Plan.
D. The Development Regulations for the City of Yelm.
E. The Development Guidelines for the City of Yelm.
14.04.055 Consistency with the Comprehensive Plan and adopted development
regulations. A. The principal guide in measuring environmental impact will be
consistency with the land use designations of the Comprehensive Plan and the
development regulations designed to implement the Plan.
B. The City adopted the Plan recognizing the impacts of the planned
increasing urbanization within the UGA and adopted the development regulations to
provide the mitigation determined by the City Council to be necessary and appropriate
to that growth and the resulting impact.
C. The extent of departure from the Comprehensive Plan designated uses and
the extent of any variance from adopted development regulations shall be considered in
determining the extent of "substantial environmental impact."
14.04.115 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 a 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.
Section 3. Title 14 of the Yelm Municipal Code shall be amended by inserting the
following as a new Chapter 14.08:
Chapter 14.08
CRITICAL AREAS RESOURCE LANDS
Sections:
14.08.010
14.08.020
14.08.030
14.08.040
14.08.050
Statutory authority.
Statement of purpose and objectives.
Scope,
Definitions.
Designation of resource lands.
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14.08. 060
14.08.070
14.08.080
14.08.090
14.08.100
14.08.11 0
14.08.120
14.08.130
14.08.140
14.08.150
14.08.160
14.08.170
14.08.180
14.08.185
14.08.186
14.08.190
14.08.200
14.08.210
14.08.220
14.08.230
14.08.240
Designation of critical areas.
Maps.
Interpretation of maps.
Effect of maps.
Application of analysis and development guidelines.
Agricultural lands.
Forest lands.
Mineral resource lands.
Wetlands.
Critical aquifer recharge areas.
Frequently flooded areas.
Geologically hazardous areas.
Fish and wildlife habitat conservation areas.
Streams rating system.
Stream buffers.
Limitation on use.
Exemption of nonconforming developments
Exemption of utility line activities.
Administration.
Application of content.
Required findings.
14.08.010 Statutory authority. The Legislature of the State of Washington has,
in RCW 36.70A060, mandated local governments that plan under RCW 36.70A040 to
adopt development regulations to assure the conservation of agricultural, forest and
mineral resource lands and to adopt development regulations critical areas designated
under RCW 36.70A170. Further, the City of Yelm is authorized by RCW 35.63.080 to
regulate the use, and development of land to provide for the general welfare.
14.08.020 Statement of purpose and obiectives. It is the purpose of this
ordinance to promote the public health, safety and general welfare by:
A confirming the public's interest in the conservation and wise use of our
lands;
B. assuring the long-term conservation of resource lands;
C. designating and classifying critical areas and resource lands;
D. protecting environmentally critical areas; and
E. complying with and furthering the purposes of the State of Washington's
Growth Management Act.
14.08.030 Scope. This ordinance applies to all real property within the
corporate limits of the City of Yelm as it is now configured or may, from time to time, be
altered. To the extent of any jurisdiction of the City this ordinance also applies to any real
property within the urban growth area of Yelm designated by Thurston County.
14.08.040 Definitions. The following terms as used in this Ordinance shall be
given the meaning set forth below except as the context clearly indicates otherwise and
this Ordinance shall be interpreted accordingly.
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"Agricultural/and" means land that has long-term commercial significance for and
is primarily devoted to the production of horticultural, viticultural, floricultural, dairy,
apiary, vegetable, or animal products or of berries, grain, hay, livestock, straw, turf, seed,
or Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through
34.33.140.
"Best management practices" means conservation practices or systems of
practices and management measures that control soil loss and reduce water quality
degradation caused by nutrients, animal waste, toxics, and sediment; and minimize
adverse impacts to surface water and groundwater flow, to circulation patterns, and to
the chemical, physical, and biological characteristics of wetlands.
"Buffer, wetland" means an area which is an integral part of a stream or wetland
ecosystem or which provides shading, input of organic debris and coarse sediments,
room for variation in stream or wetland boundaries, habitat for wildlife, and protection
from harmful intrusion as necessary to minimize public harm suffered when the functions
and values of wetlands are degraded.
"City" means the City of Yelm, Washington, a municipal corporation.
"Classification" means defining categories to which natural resource lands and
critical areas are assigned.
"Critical areas" means one or a combination of wetlands, critical aquifer recharge
areas, frequently flooded areas, geologically hazardous areas, and fish and wildlife
habitat conservation areas.
IICommercial significance, long-term" means an attribute of land arising from the
growing capacity, productivity, and soil composition of the land for long-term commercial
production, with consideration of the land's proximity to urban areas or incompatible land
uses or the possibility of such proximity.
"Critical aquifer recharge area" means those areas that have been identified as
having a critical recharging effect on aquifer use for potable water in community water
systems.
JlDesignation" means formal adoption of a policy statement which establishes, for
planning purposes: the classification scheme; the general distribution, location and extent
of the uses of land, where appropriate, for agriculture, forestry, and mineral extraction;
and the general distribution, location and extent of critical areas.
"Development application" means an application tendered under the provision of
either the Comprehensive Plan, Titles 12, 14, 15, 16, or 17 of the Yelm Municipal Code,
or any ordinance adopted to regulate land use or building construction or alteration,
including but not limited to an application for an occupancy permit, a building permit, a
conditional use permit, variance, rezone or planned development, substantial shoreline
development permit, or an application submitted for a preliminary or final plat, short plat
or boundary line adjustment.
"Fish and wildlife habitat conservation areas" means all lands within the following
categories:
A. Areas with which "priority species" as defined by the Washington
Department of Wildlife have a primary association. Priority species are wildlife species of
concern due to their population status and their sensitivity to habitat alteration.
B. Priority habitats as identified by the Washington Department of Wildlife.
Priority habitats are areas with one or more of the following attributes: comparatively high
wildlife density, high wildlife species richness, significant wildlife species richness,
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significant wildlife breeding habitat, significant wildlife seasonal ranges, significant
movement corridors for wildlife, limited availability, and/or high vulnerability.
C. Habitats of species of local importance. Such habitats are those with which
a given species has a primary association and which, if altered, may reduce the
likelihood that the species will maintain itself and reproduce over the long term. Species
of local importance are those species that are of local concern due to their population
status or their sensitivity to habitat manipulation and that have been so designated by
listing in an appendix to this ordinance, or which are game species as determined by the
Washington Legislature pursuant to RCW 77.99 or the Washington Wildlife Commission
pursuant to WAC 232-12.
D. Naturally occurring ponds each over one-half acre and under twenty acres
and their wildlife habitat. These do not include ponds deliberately designed and created
from dry sites such as canals, detention facilities, wastewater treatment facilities, farm
ponds, temporary construction ponds of less than three years' duration, and landscape
amenities, However, naturally occurring ponds shall include those artificial ponds
intentionally treated with the approval of a regulatory authority from dry areas to litigate
adverse impact upon other ponds.
E. Lakes, ponds, streams, and rivers planted with game fish as defined by
RCW 77.09.020, including fish planted under the auspices of federal, state, local, or tribal
programs, or which support priority fish species as identified by the Washington
Department of Wildlife.
"Forest land" means land primarily useful for growing trees for commercial
purposes, including Christmas trees subject to the excise tax imposed under RCW
84.33.100 through 84.33.140, and that has long-term commercial significance for growing
trees.
"Frequently flooded areas" means floodplains and other areas subject to a one
percent or greater chance of flooding in any given year also known as a "100 year flood.1I
"Geologically hazardous areas" means areas that because of their susceptibility
to erosion, sliding, earthquake, or other geological events, are not suited to development,
including the following categories:
A. Erosion Hazard Areas identified as having severe or very severe erosion
hazard by the Soil Conservation Service.
B. Landslide Hazard Areas subject to risk of mass movement due to a
combination of geologic, topographic, and hydrologic factors.
C. Mine Hazard Areas directly underlain by, adjacent to, or affected by mine
workings such as tunnels, drifts, or air shafts.
D. Seismic Hazard Areas subject to severe risk or damage as a result of
earthquake induced ground shaking, slope failure, settlement, or soil liquefaction.
"Lot of record" means an area of land designated as a lot on the plat or
subdivision recorded or registered pursuant to statute with the auditor of Thurston
County.
"Maps" means those maps maintained by the City of Yelm for the purpose of
graphically depicting the boundaries of resource land and critical areas
"Mineral lands" means lands of long-term commercial significance for the
extraction of aggregate and mine resources, including sand, gravel, and valuable metallic
substances.
"Qualified professional" means a person licensed in the applicable occupation, or
any other person (or combination of people) with a level of education, experience and
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expertise in the field or discipline appropriate for the relevant subject matter as
determined by the City Planner.
"Urban growth" means activities that make intensive use of land for the location
of buildings, other structures, and impermeable surfaces to such a degree as to be
incompatible with the primary use of such land for the production of food, other
agricultural products or fiber, or extraction of mineral resources.
"Urban growth, characterized by" means land having urban growth on it, or land
so located in relationship to an area with urban growth on it so as to be appropriate for
urban growth.
"Utility" means such services as water supply, electric power, natural gas,
communication, and sanitary sewers and the provider of such services to the public or
individual recipients.
"Utility line" means pipe, conduit, cable, other similar means or facilities by which
utility services are conveyed to the public or individual recipients.
"Wetlands" means ponds of between one-half acre and twenty (20) acres,
including their submerged beds, and those areas of at least one-half acre that are
transitional between terrestrial and aquatic systems where the water table is usually at
or near the surface or the land is covered by shallow water. For the purposes of this
definition, wetlands must have one or more of the following attributes:
A. At least periodically, the land supports predominantly hydrophytes.
B. The substrate is predominantly undrained hydric soil; and
C. The substrate is nonsoil and is saturated with water or covered by shallow
water at some time during the growing season of each year.
Wetlands do not include artificial wetlands intentionally or unintentionally created from
non-wetlands, including but not limited to irrigation and drainage ditches, grass-lined
swales, canals, swimming pools, detention facilities, waste water treatment facilities, farm
ponds and landscape amenities. However, wetlands may include those artificial wetlands
intentionally created from nonwetland areas in order to mitigate conversion of wetlands,
if permitted by the City, Thurston County or another governmental agency with
jurisdiction.
"Washington State Wetlands Rating System" means the four-tier rating system of
that name developed by the State Department of Ecology and included in its "Model
Wetlands Protection Ordinance" of 1990 as amended; a system for categorizing wetlands
among four classes on the basis of ecological character, size, and species or
communities they support.
14.08.050 Designation of resource lands. Any lands lying within the
incorporated area and urban growth area of the City of Yelm which have those
characteristics set forth in the definition of mineral lands are hereby designated as
mineral resource lands. No agricultural or forest lands are designated by the City.
14.08.060 Designation of critical areas. Where applicable, the incorporated
area and urban growth area of the City of Yelm is hereby designated into the following
critical areas:
A. Wetlands
B. Critical Aquifer Recharge Areas
C. Frequently Flooded Areas
D. Geologically Hazardous Areas
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E. Fish and Wildlife Habitat Conservation Areas
14.08.070 Maps. Resource lands and critical areas are hereby designated on
a series of Resource Lands and Critical Areas Maps to be maintained at the Yelm City
Hall. These maps contain the best available graphic depiction of resource lands and
critical areas and are to be updated as more reliable information becomes available.
14.08.080 Interpretation of maps. The City Planner is the official charged to
interpret the maps. The maps are to be used as a general guide to the location and
extent of resource lands and critical areas. The maps are for informational and illustrative
purposes only and are not regulatory in nature. The maps are intended to alert the
community of a potential of such resource lands or critical areas being located in the
vicinity of a site.
14.08.090 Effect of maps. A. The presence of a designation on the maps is
sufficient foundation for the City to require an analysis for the designation. The lack of
such designations upon the maps shall not be deemed to preclude requiring such an
analysis if in the judgment of the City Planner there is a reasonable possibility of
resource lands or critical areas being located in the vicinity of a proposed development.
B. The conclusion by the City Planner that a parcel of land or a part of a
parcel of land that is subject of a proposed development application includes or is within
300 feet of one or more critical areas or resource lands shall serve as cause for
additional investigation and analysis to be conducted by the applicant. Resource lands
and critical areas indicated on the data maps are presumed to exist in the locations
shown and are protected under all the provisions of this ordinance.
C. The exact location of resource lands and resource areas shall be indicated
by the applicant as a result of field investigations performed by qualified professionals.
All development applications must include the boundary(s) of all resource lands and
critical areas within a minimum of 300 feet on a scaled drawing at a detailed scale of at
least 1" equals 400 feet. In the event of multiple designations, each will be addressed
independently and collectively for the purpose of determining development limitations
and appropriate mitigating measures.
14.08.100 Application of analysis and development guidelines. The following
site analysis requirements and development guidelines shall apply to any development
which pursuant to the previous section is found to lie within 300 feet of a designated
natural resource land or critical area. Consistent with the intent of this ordinance, the City
Planner is authorized to determine the appropriate scope and detail of any required site
analysis.
14.08.110 Agricultural lands. Section reserved: no such lands designated
within the current City of Yelm.
14.08.120 Forest lands. Section reserved: no such lands designated within the
current City of Yelm.
14.08.130 Mineral resource lands. Whenever designated mineral resource land
is located within 300 feet of any proposed development, notice of such condition shall
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be provided to subsequent owners of the development site by means of notices upon
plats of record and inclusion of notice in all real estate purchase and sale agreements,
contracts of sale, and real estate deeds.
14.08.140 Wetlands.
A. Site Analysis is required where mapped or unmapped wetland areas are
determined to exist, specifying the category and establishing a wetland boundary using
the criteria used by the U.S. Army Corps of Engineers for wetland delineation under
federal laws and guidelines. A rating for each mapped wetland shell be submitted using
the Washington State Wetlands Rating System. The analysis, delineation and
categorization required by this subsection shall be done by a qualified professional.
B. Wetland protection standards
1. A buffer shall be required adjacent to, and outside of all wetlands as
following:
Category I Wetlands 100 feet
Category II Wetlands 75 feet
Category III Wetlands 50 feet
Category IV Wetlands 25 feet
2. The above buffer depths may be reduced to a minimum of 25 feet
if in the judgment of the City Planner the site analysis demonstrates that the land
adjacent to the buffer is and will remain extensively vegetated, or is topographically and
ecologically remote from the wetland, and that no direct or indirect adverse impact on
the wetland is reasonably probable as a result of the buffer reduction.
3. Among other factors, the City Planner may consider the size.
category and sensitivity of the particular wetland, the scope and type of development
proposal, the analysis and recommendation of any qualified professional, and reliability
of the particular delineation, categorization and applicable protection and mitigation
measures proposed.
a. Wetland buffers shall be retained in their current condition or
be used as set forth below. Alteration of the buffer may be required to mitigate possible
adverse impact or to protect the wetland. Where buffer disturbance is unavoidable during
adjacent construction, revegetation will be required. Native plant materials shall be
utilized as appropriate in the judgment of the City Planner.
b. The following uses and activities are allowed to occur on
wetlands and wetland buffer zones: outdoor recreational activities, existing and on-going
agricultural activities, and maintenance of existing facilities, structures, ditches, roads,
and utility systems.
c. Provided further that buffers may be utilized for new roads and
utility lines which traverse at right-angles any linear wetlands having a width not greater
than 25 feet. In such cases such roads and utility lines shall be designed to minimize all
adverse impacts upon wetlands and to result in no net loss of wetland area.
C. Wetland modification. A wetland, as identified above, may be filled or
modified under circumstances set forth below:
1. The applicant has received a permit or approval or exemption from
the U.S. Army Corps of Engineers under federal laws pertaining to wetlands; and
2. The mitigation and/or enhancement proposed for the fill and
relocation activity results in a no-net-Ioss of wetlands as measured both by total square
footage of wetlands and the rating of the wetlands is not less than the numerical ranking
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of the wetland when using the rating system recommended by the Washington State
Department of Ecology.
14.08.150 Critical aquifer recharge areas. The Yelm Urban Growth Area is
substantially over an aquifer recharge area. The Yelm Drainage Design and Erosion
Control Manual identifies the standards in effect in the City to satisfy stormwater design
and erosion control standards for purposes of protecting the aquifer recharge area within
the City. For those projects which require a variance from the Drainage Design and
Erosion Control Manual or situations not covered by the Manual, the following standards
apply.
A. A Site Analysis by a qualified professional is required for the purpose of
identifying the sensitivity of any aquifer recharge area and delineation of any recharge
sensitivity boundary. The analysis shall include:
1. A description of the general geological and hydrological character
of the area under consideration;
2. A description of local characteristics associated with site drainage
and water movement;
3. A description of conditions prior to project development;
4. A description of conditions and risks as they are likely to exist after
complete development of the proposed project, and their impact on groundwater quantity
and quality, including the effects of sewage disposal, lawn and yard activities, agriculture
and animal husbandry, stormwater impacts, and any other reasonably anticipated impact
associated with the project type.
B. Aquifer protection standards
1. The site analysis provided by the qualified professional shall include
a water quality baseline which will serve as a minimum standard that should not be
further degraded by proposed development.
2. The creation of additional impervious surfaces shall be limited to that
amount described in the site analysis.
3. Development designs and operations shall include best management
practices to avoid introducing pollutants into the aquifer, including the collection,
treatment and disposal of storm water.
14.08.160 Frequently flooded areas.
A. Site Analysis is required for any sites within a 100-year flood plain for the
purpose of establishing development site elevation relative to mean sea level and the
appropriate lake, pond, stream, or river.
B. Development guidelines. All developments must satisfy the provisions of
the National Flood Insurance Program, authorized by the National Flood Insurance Act
of 1968, as enacted by the State of Washington in Chapter 86.16 RCW.
14.08.170 Geologically hazardous areas.
A. Erosion hazard areas. In any sites within a 100-year flood plain or on or
within 25 feet of any slope over fifteen feet high in excess of 40%, the following standards
shall apply:
1. Site Analysis is required to determine the exact location of any
erosion hazard area and circumstances that might be expected to precipitate a significant
erosion event. The type and effectiveness of mitigating measures available to safeguard
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the public safety and welfare shall be addressed. The analysis shall also discuss the
proposed development's influence on the erosion hazard and suggest appropriate design
and development measures that might be taken to minimize such hazards.
2. Development guidelines
a. Erosion hazard areas shall be avoided for development.
Erodible surfaces shall be stabilized by best management practices. Release of
stormwater to such areas shall be strictly limited to predevelopment flow rates and
patterns.
Landslide hazard areas
a. A site analysis is required to identify and quantify geologic,
topographic and hydrologic factors that might contribute to slope instability. The rate and
extent of potential hazards must be assessed and mitigation measures, if any, evaluated.
The proposed development must be analyzed with consideration of landslide risk to
proposed public and private investments. The analysis shall account for the effects of
stormwater generation from impervious surfaces and the influence of streets on slope
stability.
B.
3.
Development guidelines
1. Documented landslide hazard areas shall be avoided as locations
for building construction, roads, or utility systems where mitigation is not feasible.
2. If the degree of hazard permits development, post construction slope
stabilization and appropriate road construction standards shall be employed to eliminate
as completely as practicable any public or private exposure to landslide hazards or
extraordinary maintenance or repair costs.
C. Mine hazard areas. Section Reserved: no such lands designate within the
City.
D. Seismic hazard areas
1. Site Analysis: Yelm and its Urban Growth Area are designated as
lying within Seismic Zone 3 as defined in the Uniform Building Code. The applicant may
provide information with respect to this designation.
2. Standards. All structures and improvements shall be designated and
constructed in accordance with Part III of Chapter 23 of the Uniform Building Code or
other applicable standards.
14.08.180 Fish and wildlife habitat conservation areas. In any site within a
mapped Fish and Wildlife Habitat Conservation Area, the following standards shall apply:
A. A Site Analysis by a qualified professional is required to identify habitat
conservation areas, including priority habitats and species, habitats and species of local
importance, and the nature and extent of such species' primary association with the
habitat, and seasonal range dynamic, and movement corridors. The analysis shall
address the relative tolerance of human activities on the species. The development
proposal shall be evaluated in terms of its influence on the habitat. Species' regional
occurrence and movements shall be considered. Appropriate mitigative measures shall
be recommended by the qualified professional.
B. Development guidelines.
1. Adverse effects shall be mitigated to ensure continuation of base-line
populations for all priority species and any other species of local importance. Base-line
populations are those population levels known or reasonably believed to have been
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supported by the area in question with relative stability over the decade preceding the
proposed development.
2. Creation of isolated sub-populations of those species shall be
avoided.
14.08.185 Streams rating system. The following system shall be used to group
streams into categories. For a detailed explanation of this system refer to the water
typing system found in the Washington Forest Practices Rules (WAC 222-16-030) as
amended.
A. "Type 1 streams" are those surface waters which meet the criteria of the
Washington Department of Natural Resources, WAC 222-16-020) as amended, as a Type
1 Water and are inventoried as "Shorelines of the State" under the Shoreline Master
Program for the Thurston Region (1990), Chapter 19.04, pursuant to Chapter 90.58 RCW.
Type 1 streams contain salmonid fish habitat.
B. ''Type 2 streams" are those surface waters which meet the criteria of the
Washington Department of Natural Resources, WAC 222-16-020 as amended, as a Type
2 Water. Type 2 streams contain salmonid fish habitat.
C. ''Type 3 streams" are those surface waters which meet the criteria of the
Washington Department of Natural Resources, WAC 222-16-020 as amended, as a Type
3 Water. Type 3 streams contain salmonid fish habitat.
D. ''Type 4 streams" are those surface waters which meet the criteria of the
Washington Department of Natural Resources, WAC 222-16-020 as amended, as a Type
4 Water. Type 4 streams do not contain salmonid fish.
E. ''Type 5 streams" are those surface waters which meet the criteria of the
Washington Department of Natural Resources, WAC 222-16-020 as amended, as a Type
5 Water. These streams are areas of perennial or intermittent seepage, ponds, and
drainageways having short periods of spring or storm runoff. Type 5 streams do not
contain salmonid fish habitat.
14.08.186 Stream buffers. To retain the natural functions of streams and stream
corridors the following measures and natural buffers shall be maintained adjacent to all
streams:
A.
Streamside vegetation shall be preserved as follows:
1. Type 1, 2 and 3 streams: 50 feet
2. Type 4 streams: 50 feet
3. Type 5 streams: 50 feet
4. Type 5 streams which discharge directly into Puget Sound shall
maintain a minimum buffer of existing vegetation or restore native vegetation within fifty
feet of the stream channel.
B. The review authority may reduce the buffer when:
1. There is an agricultural conversation on a stream.
aforementioned buffers may be reduced by twenty-five percent if:
c;i. The stream buffer is fenced along its length and
b. The stream buffer is revegetated; or
2. There is a recommendation from the Thurston County conservation
district which is part of a farm plan and is intended to improve water quality; or
The
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3. A lot of record on the date of adoption of this section is less than
one hundred feet in depth, a proportionate reduction of up to fifty percent of the standard
may be allowed based upon the size of the lot; or
4. A stream segment is removed from a culvert it shall comply with the
intent of this chapter to the degree possible.
14.08.190 Limitation on use. The degree of hazard protection required by this
ordinance is considered reasonable for regulatory purposes and is based on scientific
and engineering considerations. Catastrophic natural disasters can, and will, occur on
occasion. This ordinance does not imply that land outside critical areas, or activities
permitted within such areas, will be free from risk, exposure or damage.
14.08.200 Exemption of nonconforming developments. A. Within the natural
resource lands and critical areas established by this ordinance there exist land uses,
developments and lots of record which were lawfully established or approved, but which
would be prohibited, regulated or restricted under the terms of this ordinance. It is the
intent of the City to permit these uses to continue and to allow previously approved
developments to reach the development level anticipated in their approved applications.
The lots of record within major subdivisions that have received preliminary plat approval
and short plats filed for record at the Thurston County Auditor's office will be considered
building lots.
B. A use or structure established prior to the effective date of this ordinance
which does not conform to standards set forth herein is allowed to continue and be
maintained provided that such activity or structure shall not be expanded or enlarged in
any manner that increases the extent of its nonconformity by creating or possibly
creating an adverse impact upon the critical area or resource lands.
14.08.210 Exemption of utility line activities. The following activities, when
undertaken pursuant to best management practices to avoid impacts to critical areas, are
exempt from provisions of this ordinance:
A. Normal and routine maintenance or repair of existing utility structures or
rights-of-way.
B. When required by a local governmental agency relocation of electric
facilities, lines, equipment, or appurtenances, not including substations, with an
associated voltage of 55,000 volts or less; and when required by a local governmental
agency which approves the new location of the facilities, relocation of other utility lines,
equipment, lines, or appurtenances, within improved rights-of-way;
C. Installation or construction in improved public rights-of-way, and
replacement, operation, or alteration of all electric facilities, lines, equipment, or
appurtenances, not including substations, with an associated voltage of 55,000 volts or
less; and installation or construction in improved public road rights-of-way and
replacement, operation, repair, or alteration of all other utility lines, equipment, or
appurtenances.
14.08.220 Administration. The City Administrator or designee shall administer
this ordinance in accordance with the intent of the State Growth Management Act and
the policies of the City of Yelm.
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14.08.230 Application of content. Prior to accepting a development application
tendered to the City, the resource lands and critical areas maps shall be consulted for
the purposes of determining whether or not the property subject to the applications is
within any area shown. When such designations are identified the applicant will
immediately be notified and the type(s) of resource land or critical area disclosed.
Instructions will be provided to the applicant on the type of evaluation and site-specific
analysis that will be required to supplement to the application materials.
14.08.240 Required findings. From the effective date of this ordinance, no
development application processed by the City of Yelm shall be approved without a
written finding that this ordinance has been considered and whether additional
information under this ordinance was or was not required. When any other provision of
the Comprehensive Plan and Zoning Ordinance of the City conflicts with provisions of
this ordinance, the more restrictive language shall apply.
Section 4. Title 14 of the Yelm Municipal Code shall be amended by inserting the text
found at Chapter 16,14 of the Yelm Municipal Code as a new Chapter 14.12, "Open
Space and Parks." Chapter 16.14 of the Yelm Municipal Code is, in all other respects,
repealed. The new Chapter 14.12 is amended by inserting the following paragraph
between the first and second paragraphs of Section 14.12.030:
"Gross area" means the total area to be subdivided or otherwise developed
without subtracting any open space, rights-of-way, public lands, non-
residential lots or utility lands and easements.
Section 14.12.040(B) is amended to read as follows:
B. For purposes of all single-family residential developments, any
dedication of open space pursuant to this chapter shall be in an amount
equal to or greater than five percent (5%) of the gross area of the proposed
development and shall be qualified open space as provided in Section
14.12.050 herein. For purposes of all multi-family residential developments
and combined single-family and multi-family residential developments, any
dedication of open space pursuant to this chapter shall be in an amount
equal to or greater than ten percent (10%) of the gross area of the
proposed development and shall be qualified open space as provided in
Section 14.12.050 herein.
Section 5. Title 15 of the Yelm Municipal Code shall be amended by inserting the
following as a new Chapter 15.40:
Chapter 15.40
CONCURRENCY MANAGEMENT
Sections:
15.40.010
15.40.020
Potable water.
Transportation.
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15.40.030 Other public facilities.
15.40.010. Potable Water. (A) Each applicant for a building permit of a building
necessitating potable water shall provide evidence of an adequate water supply for the
intended use of the building.
(8) For purposes of this section, evidence of an adequate water supply shall be
in the following forms:
(1) a valid and effective water right permit from the department of ecology
that establishes sufficient rights to withdraw potable water to serve the building;
(2) a letter from an approved water purveyor stating the willingness and
ability of the purveyor to provide potable water to the building; or
(3) any other form acceptable to the city and sufficient to verify the
existence of an adequate water supply.
An application for a water right, or any other request or application for water
service, shall not be sufficient proof of an adequate water supply.
(C) The city may impose conditions on the issuance of building permits requiring
connection to the city's existing public water system where the existing system is willing
and able to provide safe reliable potable water to the building with reasonable economy
and efficiency.
(D) Buildings that do not need potable water facilities are exempt from the
provisions of this section.
15.40.020. Transportation. No building permit shall be issued by the city if the
development approved thereby causes the level of service on a transportation facility to
decline below the standards adopted in the transportation element of the city's
comprehensive plan, unless transportation improvements or strategies to accommodate
the impacts of such development are made concurrent with the development. For the
purposes of this section, "concurrent with the development" shall mean that
improvements or strategies are in place at the time of the development, or that a financial
commitment is in place prior to the time of the development to complete the
improvements or strategies within six years of the development.
15.40.030. Other public facilities. The city shall ensure that, prior to the issuance
of any building permit, all public facilities and services necessary to serve the
development subject to such building permit are adequate and available concurrent with
such development at the level specified in the city's comprehensive plan. If such facilities
and services will not otherwise be adequate and available to serve the development at
the time of building permit issuance, the city shall impose conditions on the issuance of
the building permit that require the applicant to make improvements that will make such
facilities and services adequate and available to serve the development at the level
specified in the city's comprehensive plan. For purposes of this section, "public facilities
and services" shall include, but are not limited to, the following: open space and parks,
stormwater and other drainage, transit, sanitary waste, and schools. The provisions of
this section are independent of those relating to potable water and transportation in
section 15.40.010 and .020 and shall not, therefore, be considered inconsistent therewith
or impose additional requirements thereto with respect to potable water and
transportation.
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Section 6. Title 15 of the Yelm Municipal Code shall be amended by inserting the
following as a new Chapter 15.44:
Chapter 15.44
VESTING OF DEVELOPMENT RIGHTS
Sections:
15.44.010
15.44.020
15.44.030
15.44.040
15.44.050
15.44.060
Intent.
Definition.
Vesting of Development Rights.
Limitations Not Restrictive.
Building Permit Requirements.
Severability.
15.44.010. Intent. It is the intent of the city to comply with RCW 19.27.095 by
defining when a valid and fully complete building permit application for a structure exists
for the purposes of establishing the point of vesting of development rights.
15.44.020. Definition. For the purpose of this code, a "valid and fully complete
building permit application" means the following requirements have been met for any
construction project:
A. The legal description, or the tax parcel number assigned pursuant to RCW
84.40.160, Manner of Listing Real Estate, and the street address if available, and may
include any other identification of the construction site by the prime contractor.
B. The property owner's name, address, and phone number.
C. The prime contractor's business name, address, phone number, current
state contractor registration number.
D. Either:
1. The name, address, and phone number of the office of the lender
administering the interim construction financing, if any; or
2. 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 fifty percent of the total amount of the construction project.
E. If any of the information required by subsection liD" of this section is not
available at the time the application is submitted, the applicant shall so state and the
application shall be processed forthwith and the permit issued as if the information had
been supplied. However, the applicant shall provide the remaining information as soon
as the applicant can reasonably obtain such information.
F. Plans, specifications and reports, as required by Title 15 of this code,
Buildings and Construction.
G. A completed environmental checklist for applicable projects.
H. Accompanying the building permit application, a completed application and
all information required to be filed for:
1 . Preliminary Site Plan Review Application;
2. Zoning Conditional Use Permit;
3. Zoning Variance;
4. Zoning Planned Residential Development;
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5. Zoning Master Plan Development;
6. Shoreline Permit, Conditional Use Permit or Variance;
7. Clearing and Grading Permit;
8. Land Clearing Permit;
9. Wetlands Permit;
10. Any other land use or environmental permit in effect on the date of
application.
I. Accompanying the building permit application, payment of all fees,
including but not limited to items listed in subsection (G) and (H), plan check fees
required under the provisions of the Yelm Municipal Code, resolutions setting forth fees,
and the State Building Code.
15.44.030. Vesting of Development Rights. A valid and fully complete building
permit application for a structure that is allowable under Title 17 of this Code, Zoning, or
other land use and environmental control ordinances in effect on the date of the
application shall be considered under the building permit ordinance in effect at the time
of application, and the zoning or other land use and environmental control ordinances
in effect on the date of application.
15.44.040. Limitations Not Restrictive. The limitations imposed by Section
15.44.030 shall not restrict conditions imposed under Chapter 43.21 (c) RCW, State
Environmental Policy, and Chapter 14.04, Environmental Policy.
15.44.050. Building Permit Requirements. The following processes will be
complied with in the processing of building permits in the city.
A. The information required on the building permit application by Section
15.44.020(A) through (D) shall be set forth on the building permit document which is
issued to the owner, and on the inspection record card which shall be posted at the
construction site.
B. The information required of the application by Section 15.44.020 shall be
kept on record in the office where building permits are issued and made available to any
person on request.
Section 7. Title 15 of the Yelm Municipal Code is amended by inserting the following
Chapter 15.48
DEVELOPMENT GUIDELINES
15.48.010. Adoption of Development Guidelines. There is hereby adopted by
reference "Development Guidelines, City of Yelm, Final January 1995," and as hereinafter
iiliiii.~
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Section 8. That subsection of Section 16.08.010 of the Yelm Municipal Code which
defines "Short subdivision" shall be amended to read as follows:
"Short subdivision" means a division or redivision of land into nine or fewer lots,
anyone of which is less than one one hundred twenty-eighth of a section or five acres
for the purpose of sale, lease or transfer of ownership. Provided, however, that land
within a short plat may not be redivided within a period of five years without filing for a
full subdivision.
Section 9. Chapter 16.10 of the Yelm Municipal Code, relating to Master Plan Review,
is repealed.
Section 10. Section 16.12.170 of the Yelm Municipal Code shall be amended to read
as follows:
16.12.170 Findings and conclusions. A proposed subdivision and any dedication
shall not be approved unless the decision-maker makes written findings that:
(a) appropriate provisions are made for the public health, safety, and general
welfare and for such open spaces, drainage 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;
(b) the public use and interest will be served by the platting of such subdivision
and any dedication;
(c) the proposed subdivision is in conformity with applicable zoning and other
development regulations;
(d) 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;
(e) the project is within an approved sewer service area for projects on sewer or
within an approved septic tank maintenance district for projects on septic tanks; and
(f) the project is within an approved water service area with capacity to serve all
lots within the subdivision.
Upon such findings the subdivision shall be approved. The decision-maker may require
dedication of land to a public body, provision of public improvements to serve the
subdivision, and/or impact fees as a. condition of subdivision approval. Dedication shall
be clearly shown on the plat. The decision-maker shall not as a condition of approval
of any subdivision require a release from damages to be procured from other property
owners.
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Section 11. Section 16.12.330 of the Yelm Municipal Code shall be amended to add the
following sentence to the end as follows:
A final plat shall vest the lots within such plat with a right to hookup to sewer and water
for a period of five years after the date of recording of the final plat. Thereafter, hookup
to sewer and water shall be available on a first come, first served basis as measured by
the date of application for building permits, and subject to adequate capacity being
available in the system. This limitation shall be stated on the face of all final plats.
Section 12. Section 16.32.050 of the Yelm Municipal Code, regarding public hearing
notice and posting, is repealed.
Section 13. Chapter 16.32 of the Yelm Municipal Code shall be amended by inserting
the following as new sections:
16.32.065 Findings and conclusions. A proposed binding site plan and any
dedication shall not be approved unless the decision-maker makes written findings that:
(a) appropriate provisions are made for the public health, safety, and general
welfare and for such open spaces, drainage 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 (if applicable), sidewalks and other features assuring safe walking conditions
for students who only walk to and from school;
(b) the public use and interest will be served by the platting of such binding site
plan and any dedication;
(c) the proposed binding site plan is in conformity with applicable zoning and
other development regulations;
(d) public facilities impacted by the proposed binding site plan will be adequate
and available to serve the binding site plan concurrently with the development or a plan
to finance needed public facilities in time to assure retention of an adequate level of
service;
(e) the project is within an approved sewer service area for projects on sewer or
within an approved septic tank maintenance district for projects on septic tanks; and
(f) the project is within an approved water service area with capacity to serve all
lots within the binding site plan.
Upon such findings the binding site plan shall be approved. The decision-maker may
require dedication of land to a public body, provision of public improvements to serve
the binding site plan, and/or impact fees as a condition of binding site plan approval.
Dedication shall be clearly shown on the plat. The decision-maker shall not as a
condition of approval of any binding site plan require a release from damages to be
procured from other property owners.
16.32.155 Effect of approval. A-binding site plan shall be governed by the terms
of approval of the final plan for a period not less than five years. Approved lots in a
binding site plan 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 binding site
plan. A final plan shall vest the lots within such plan with a right to hookup to sewer and
water for a period of five years after the date of recording of the final plan. Thereafter,
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18
hookup to sewer and water shall be available on a first come, first served basis as
measured by the date of application for building permits, and subject to adequate
capacity being available in the system.
Section 14. Title 17 of the Yelm Municipal Code shall be amended by deleting the
current and inserting the following text in its place and in its entiretY~ii:[Rlqlq.1im!!1
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Section 15. Official Zoning Map. Exhibit A, attached hereto and incorporated herein by
reference, is hereby adopted as the official zoning map of the City of Yelm. All
references to the official zoning map contained in Title 17 of the Yelm Municipal Code
shall be to such Exhibit A as herein adopted and as hereafter amended. A copy of the
official zoning map, Exhibit A, shall be on file in the Planning Department of the City of
Yelm.
Section 16. Severability. If any provisions of this ordinance or its application to any
person or circumstance is held invalid, the remainder of the ordinance or the application
of the provisions to other persons or circumstances is not affected.
Section 17. Effective Date. This ordinance shall be in full force and effect from and after
its passage, approval and publication as provided by law.
Passed by the Yelm City Council this 12th day of July, 1995.
ATTEST:
~)?gJ/;1
Ka hryn . Wolf, May
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Title 17
ZONING
Chapters:
17.03 General Provisions
17.06 Definitions
17.09 Zoning Districts and Boundaries
17.12 Low-Density Residential District (R-4)
17.15 Moderate-Density Residential District (R-6)
17.18 High-Density Residential District (R-lO)
17.24 Central Business District (CBD)
17.26 Commercial Zone (C-1)
17.27 Heavy Commercial Zone (C-2)
17.28 Large Lot Commercial Zone (C-3)
17.36 Neighborhood Commercial Development
17.39 IndustrialIWarehouse District (I/W)
17.40 Industrial District (I)
17.45 Mixed Use Planned Development
17.48 Open Space/Institutional District (OS)
17.57 Environmental Performance Standards
17.60 Planned Residential Development
17.61 Townhouse Development
17,62 Master Plan Development
17.63 Mobile/Manufactured Homes
17.65 Day Care Facilities
17.66 Special Uses
17.69 Home Occupations
17.72 Off Street Par1ciag and LeaaiRg
17.80 Landscaping Requirements
17.81 Administration and Enforcement
17.84 Site Plan Review
17.93 Nonconforming Uses
17.96 Amendments, Rezones and Variances
17.99 Fees
17,102 Violations
17.38 Off-Street Parking
17 - 1
Chapter 17.03
GENERAL PROVISIONS
Sections:
17.03,010 Title
17.03.020 Intent
17.03.030 Interpretation and application
17.03,040. Exemptions
17.03,050 Permitted intrusions into required yards
17.03.010 Title. This title shall be known as the zoning ordinance of the city of Yelm.
17.03.020 Intent. It is the intent of this title to:
A. Facilitate orderly growth and development of the city of Yelm, consistent with the policies, goals
and objectives of the Yelm comprehensive plan;
B. Protect the health, safety and general welfare of the city's residents;
C. Promote sound economic development and protect property values;
D. Preserve and protect vital aspects of the natural environment;
E. Designate land use districts and provide for compatibility between the several districts;
F. Provide flexible regulations and controls for the intensity and character of land use;
G. Provide for the administration and enforcement of the regulations,
17.03.030 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, whenever the requirements of this title
are at variance with the requirements of any lawfully adopted rules, regulations or ordinances, the most
restrictive or those imposing the higher standards shall govern; provided further, that within the
shorelines of the city, as defined in the Shoreline Management Act, the provisions of the Shoreline
Management Act and the applicable sections of the Shoreline Master Program for the Thurston Region
shall govern; provided however, that the substantive regulations of this title shall be applicable where they
are more restrictive than those of the Shoreline Management Act or the applicable sections of the
Shoreline Master Program for the Thurston Region.
17.03.040 Exemptions.
A, The following structures and uses shall be exempt from the regulations of this title:
1. 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 twenty-five 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 twenty-five feet or more in width which shall be regulated by the provisions of
Chapter 17.66;
2, 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,
17.03 - 1
B. The approval authority may exempt the following from the minimum setback requirements set forth
in this title when the structures are located outside the public right-of-way and are obviously
intended to serve the public interest: telephone booths and pedestals, utility equipment, mailboxes,
bus shelters, public bicycle shelters or any similar structure or device,
17.03.050 Pennitted intrusions into required yards.
A. 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.
B, 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.
C. Decks and patio covers may be permitted to encroach into all residential district rear yard setbacks,
provided a minimum setback of ten feet is retained, and provided such deck be not more than
sixteen 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. A building permit is required for all decks.
D. A wnings and marquees may be allowed within required front yards and over sidewalks or public
right-of-way in commercial and industrial zones if all the following requirements are satisfied:
1. 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.
2. The awning or marquee is specifically designed to benefit pedestrians by the providing of
shelter and creating a friendlier pedestrian environment.
3, 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.
17.03-2
Chapter 17.06
DEFINITIONS
Sections:
17.06.010 Intent
17.06.020 Use and interpretation generally
17,06.030 Interpretation in case of conflicting definitions
17.06,040 Abutting
17.06,050 Accessory building or use
17.06.060 Accessory living quarters
17.06.070 Accessory use
17.06.080 Acreage or area, gross
17.06.090 Acreage or area, net
17.06,095 Adult family home
17.06.100 Alley
17.06,11 0 Amendment
17,06,113 Approval authority
17,06.115 Arcade
17.06.116 Arcade, shopping
17.06.128 Automobile-oriented use
17.06.129 Automobile repair, major
17.06.130 Automobile repair, minor
17.06.131 Automobile sales, major
17.06.132 Automobile sales, minor
17,06.133 Automobile wrecking
17.06.135 Awning
17,06.140 Basement
17.06.150 Boardinghouse or roominghouse
17.06.160 Buffer
17.06,170 Buildable area
17.06. 180 Building
17.06.190 Building coverage
17.06.200 Building height
17.06.210 Building line
17,06.220 Cellar
17.06.230 City
17,06.245 Condominium
17.06.250 County
17.06.260 Density, gross
17.06.265 Density, net
17.06.270 Development coverage
17.06.275 Drive-in use
17.06,278 Duplex
17.06.280 Dwelling
17.06.290 Dwelling unit
17.06.300 Easement
17 . 06.310 Enforcement officer
17.06.315 Factory-built home
17.06.320 Family
17.06.330 Federal
17.06.335 Flea market
17.06.340 Floor area
17.06,341 Floor area, gross
17.06 - 1
17.06.342 Floor area, net
17.06.343 Floor area ratio (FAR)
17,06,344 Fourplex
17.06.345 Garage, parking
17.06.350 Grade, average
17.06,351 Grade, natural
17,06.352 Group home
17.06.353 Hazardous waste
17.06.354 Hazardous waste storage
17.06.356 Hazardous waste treatment
17.06.360 Hearings examiner
17.06.370 Home occupation
17 .06.380 Hotel
17.06.382 Housing for people with disabilities
17,06.385 Industrial park
17.06.387 Institutional building
17,06.390 Kennel
17.06.395 Kiosk
17.06.410 Lot
17.06.420 Lot area
17.06.430 Lot, corner
17,06.440 Lot depth
17.06.450 Lot line, front
17.06.460 Lot, interior
17,06.4 70 Lot line, rear
17.06.490 Lot width
17.06.495 Pedestrian corridor
17.06.496 Mall
17.06.497 Marquee
17.06.498 Mixed use development (MUD)
17.06.500 Mobile/manufactured home
17.06,510 Mobile home park
17.06.520 Mobile home subdivision
17.06.530 Motel
17.06.533 Multiple-family building
17.06.535 Multiple use building
17.06, 540 Nonconforming building or structure
17.06,550 Nonconforming lot
17.06.560 Nonconforming use
17.06.562 Off-site hazardous waste treatment and storage facility
17.06.565 Office
17.06,566 Office, business
17.06.567 Official zoning map
17.06,568 On-site hazardous waste treatment and storage facility
17.06.570 Open space
17.06.580 Open space, common
17.06.590 Open space, usable
17.06.600 Parcel
17.06.610 Parking area
17.06.615 Parking, off-street
17.06.620 Parking space
17.06,623 Pedestrian corridor
17.06.625 Pedestrian-oriented frontage
17.06 - 2
17,06.626 Pedestrian scale
17.06.628 People with disabilities
17.06.630 Person
17.06.640 Planning commission
17.06.645 Plaza
17.06,646 Plaza, shopping
17.06,650 Premises
17.06.660 Principal use
17.06.670 Property line
17.06.672 Recreational vehicle
17.06,674 Recreational vehicle park
17.06.676 Recreational vehicle site
17,06.678 Residential care facility
17,06.680 Section
17,06,682 Setback
17.06.683 Shoreline
17.06.684 Single-family dwelling
17.06.685 Site plan review committee
17.06.688 Special uses
17.06.700 State
17.06.710 Street, flanking
17.06,715 Street furniture
17.06.720 Street, major
17.06.730 Street, minor
17.06.740 Structure
17.06,742 Supported living arrangement
17.06.743 Townhouse
17.06.744 Tract
17,06,745 Transfer of development rights (TDR)
17.06.750 Use district
17,06.760 Variance
17.06.770 Yard
17.06.775 Yard, flanking
17.06.780 Yard, front
17.06.790 Yard, rear
17.06.810 Yard, side
17.06.820 Zero lot line
17.06,830 Zoning envelope
17.06.010 Intent. It is the intent of this chapter to:
A. Promote consistency and precision in the interpretation of this title;
B. Define (and illustrate, where necessary) certain words, terms and phrases in the interest ofreducing
to a minimum the misunderstanding which may occur in the absence of such definition.
17.06.020 Use and interpretation generally. Words, terms and phrases contained within this chapter,
and their interpretation, are generally based upon common custom and meanings set forth in broadly
recognized dictionaries. Due to the unique nature of planning terminology, however, the approval
authority and/or site plan review committee shall refer to the most recent edition of liThe Illustrated Book
of Development Definitions II when drafting and interpreting definitions in this chapter and subsequent
chapters of this title,
17.06.030 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
17.06 - 3
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.
17.06.040 Abutting. "Abutting" means having a common boundary, except that parcels having no
common boundary other than a common corner shall not be considered abutting.
17.06.050 Accessory building or use. "Accessory building or use" means a use, building or structure
or portion of a building, devoted to an activity or use subordinate to the principal use of the premises,
but located on the same lot as the principal use. An accessory use may proceed or follow development
of a primary use.
17.06.060 Accessory living quarters. "Accessory living quarters" means living quarters, which may
include kitchen facilities, within an accessory building or the main building. Accessory units less than
25 % of the main building shall not be included in any density calculations.
17.06.070 Accessory use. "Accessory use" means a use customarily incidental and/or subordinate to the
principal use of the land or building site, or to a building or other structure located on the same building
site as the accessory use.
17.06.080 Acreage or area, gross. "Gross area" or "gross acreage" means 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, right-of-of ways and easements, including all utility easements,
17.06.090 Acreage or area, net. "Net area" or "net acreage" means all land within the exterior
boundaries of the development, excluding all land allocated for open space, critical areas, buffers, streets,
roads, right-of-ways and easements, including all utility easements.
17.06.095 Adult family home. "Adult family home" means the regular family abode of a person or
persons who are providing personal care, room and board to more than one but not more than four adults
with disabilities who are not related by blood or marriage to the person or persons providing the services;
except that a maximum of six adults may be permitted if the Washington State Department of Social and
Health Services determines that the home and the provider are capable of meeting standards and
qualifications provided for by law (ReW 70,128.010),
17.06.100 Alley. "Alley" means a public or private way not more than twenty feet wide permanently
reserved as a secondary means of access to abutting property.
17.06.110 Amendment. "Amendment" means any change, modification, deletion or addition to the
wording, text or substance of the zoning ordinance, or any change, modification, deletion or addition to
the application of the zoning ordinance to property within the city, including any alteration in the
boundaries of a zone, when adopted by ordinance passed by the city council.
17.06.113 Approval Authority. "Approval authority" means the city administrator or the person
designated by the city administrator to enforce the provisions of this title.
17.06.115 Arcade. "Arcade" means a continuous covered area, open to the public at all times, having
direct access from all the streets or plazas which it adjoins or connects.
17.06.116 Arcade, shopping. "Shopping arcade" means a continuous covered area open to the public
at all times, having direct access from all the streets or plazas which it adjoins or connects, devoted to
consumer shopping uses such as, but not limited to, flower and gift shops, indoor-outdoor cafes, art
galleries and similar specialty shops that are readily accessible to the public. To help ensure that required
consumer shopping uses are retained and the public interest served, in the event such spaces cease to
function for their intended purpose, the actual area so affected or an equivalent area shall be converted
into readily accessible public space either as additional plazas, arcades or public display areas.
17.06.128 Automobile-oriented use. "Automobile-oriented use" means any use of land which provides
a service directly to a motor vehicle; or which provides goods or services to the occupants of a motor
vehicle while seated therein; or which is a freestanding eating establishment characterized by
17.06 - 4
over-the-counter service of pre-prepared or quickly prepared food which is ready to eat and packaged
primarily for consumption in vehicles or off-premises. For the purpose of this chapter,
automobile-oriented uses shall include, but not be limited to, such uses as service stations, car washes,
drive-in banks, drive-in laundries or dry cleaners and free-standing drive-in or carry-out eating
establishments. Automobile-oriented uses shall not be interpreted to include vehicle sale, rental and
service establishments,
17.06.129 Automobile repair, major. "Major automobile repair" means the rebuilding or reconditioning
of motor vehicles or trailers including trucks over one and one-half tons capacity, collision service,
including body, frame or fender straightening or repair, overall painting or paint shop.
17.06.130 Automobile repair, minor. "Minor automobile repair" means a general motor repair,
replacement of new or reconditioned parts to passenger automobiles and trucks not exceeding one and
one-half tons capacity, but not including any operations specified under "Automobile repair, major."
17.06.131 Automobile sales, major. "Major automobile sales" means the use of any building, land area
or other premise for the c;lisplay and sale of new or used automobiles that either (A) carries fifty or more
automobiles in stock at any particular time or (B) operates a parts department or service department that
is considered automobile repair, major according to this chapter.
17.06.132 Automobile sales, minor. "Minor automobile sales" means the use of any building, land area
or other premise for the display and sale of new or used automobiles that carries less than fifty
automobiles in stock at any particular time.
17.06.133 Automobile wrecking. "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 lot or parcel of land of five or more motor vehicles which for a period
exceeding thirty 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 prima facie evidence of an automobile
wrecking yard.
17.06.135 Awning. "Awning" means a roof-like cover that is temporary in nature and that projects from
the wall of a building for the purpose of shielding a doorway or window from the elements,
17.06.140 Basement. "Basement" means that portion of a building between floor and ceiling, which is
partly below and partly above the finished grade, but so located that the vertical distance from the
finished grade to the floor below is less than the vertical distance from the finished grade to the ceiling.
If a basement has a ceiling height of seven feet or more, it shall be considered a story unless it is used
exclusively for parking, storage and/or housing of mechanical or central heating equipment. (See Table
17-1. See also Section 17,06.220, Cellar.)
17.06.150 Boardinghouse or roominghouse. "Boardinghouse" or "roominghouse" means a dwelling unit
having only one kitchen, and used for the lodging (with or without meals), for compensation, of not more
than five persons in addition to the related family members or operator of such dwelling unit.
17.06.160 Buffer. "Buffer" means an area of land or a structure used or created for the purpose of
insulating or separating a structure or land use from other uses or structures in such manner as to reduce
or mitigate any adverse impacts of one on the other.
17.06.170 Buildable area. "Buildable area" means that portion of the land that remains after the required
yards have been excluded from the building site,
17.06.180 Building. "Building" means any structure built for the support, shelter or enclosure of persons,
animals, chattels or property of any kind.
17.06.190 Building coverage. "Building coverage" means the amount or percentage of ground area
covered or occupied by a building or buildings; usually expressed in square feet or percentage of land
on the lot, and measured horizontally at the foundation. (See also Section 17.06.270, Development
coverage.)
17,06 - 5
17.06.200 Building height. "Building height" means the vertical distance from average grade level to
the highest point of a building or structure, excluding any chimney, antenna or similar appurtenance,
17.06.210 Building line. "Building line" means a line within the buildable area, normally considered the
outside of the foundation wall.
17.06.220 Cellar. "Cellar" means that portion of a building between floor and ceiling which is wholly
or partly below the finished grade, and is so located that the vertical distance from the finished grade to
the floor below is equal to, or greater than, the vertical distance from the finished grade to the ceiling.
(See also Section 17.06.140, Basement.)
17.06.230 City. "City" means the city of Yelm.
17.06.245 Condominium. "Condominium" means 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. 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,
17.06.250 County. "County" means Thurston County,
17.06.260 Density, gross. "Gross density" means the permissible number of dwelling units that may be
developed on a specific amount of gross area, measured in number of dwelling units per gross acre.
17.06.265 Density, net. "Net density" means the permissible number of dwelling units that may be
developed on a specific amount of net area, measured in number of dwelling units per net acre.
17.06.270 Development coverage. "Development coverage" means the amount or percentage of ground
area covered by impervious surfaces (i.e., surfaces which do not absorb moisture, specifically rainwater).
Therefore, impervious surfaces include rooftops and all paved surfaces such as parking areas, roads,
driveways, walkways and the like.
17.06.275 Drive-in use. "Drive-in use" means an establishment which by design, physical facilities,
service or packaging procedures encourages or permits customers to receive services, obtain goods or
be entertained while remaining in a motor vehicle.
17.06.278 Duplex. A building containing two single-family dwelling units completely separated from each
other by an unpierced wall extending from ground to roof.
17.06.280 Dwelling. "Dwelling" means a building, or portion thereof designed exclusively for residential
purposes, including one-family, two-family, multiple-family or apartment dwellings and mobile homes.
17.06.290 Dwelling unit. "Dwelling unit" means a single unit providing complete, independent living
facilities for one or more persons including permanent provisions for living, sleeping, cooking and
sanitation.
17.06.300 Easement. "Easement" means a recorded right of interest in the land of another, which entitles
the holder thereof to some use, privilege or benefit out of or over such land.
17.06.310 Enforcement officer. "Enforcement officer" means the city administrator or his or her
designee.
17.06.315 Factory-built home. "Factory-built home" means a structure constructed in a factory of
assembled parts and transported to the building site, in whole or in units, which meets the requirements
of the Uniform Building Code. The completed structure is not a mobile/manufactured home.
17.06.320 Family. "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,
17.06.330 Federal. "Federal" means the Government of the United States.
17.06 - 6
17.06.335 Flea market. "Flea market" means and includes activity primarily involving offering a place
for other persons to engage in the purchase, sale, trade, barter, auction, sale on consignment or exchange
of new, secondhand or antique goods regardless of whether the proceeds from such operation are to be
used for charitable purposes,
17.06.340 Floor area. "Floor area" means the sum of the gross horizontal area of the floor or floors
measured from the exterior faces of the exterior walls, 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.
17.06.341 Floor area, gross.
A. "Gross floor area" 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. 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 ten 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 six feet beyond the exterior walls of the building, Parking structures below grade and
rooftop mechanical structures are excluded from gross floor area.
17.06.342 Floor area, net. "Net floor area" 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 and from the centerline
of walls separating two or more buildings. The term net floor area shall include outdoor display areas
for the sale, rental and display of recreational vehicles, boats and boating equipment, trailers, horticultural
items, farm or garden equipment and other similar products, but shall exclude areas designed for
permanent uses such as toilets, utility closets, malls enclosed or not, truck tunnels, enclosed parking
areas, meters, rooftop mechanical structures, mechanical and equipment rooms, public and fire corridors,
stairwells, elevators and escalators.
17.06.343 Floor area ratio (FAR). "Floor area ratio" means dividing the gross floor area of all buildings
on a lot by the area of that lot.
17.06.344 Fourplex. "Fourplex" means four attached dwellings in one building in which each unit has
two open space exposures and shares one or two walls with adjoining unit or units.
17.06.345 Garage, parking. "Parking garage" means a structure, or part thereof, used only for the
storage of vehicles by the public and including the sale of automobile fuels, lubricants, radiator fluids and
accessories; and the performance of incidental services including tire changing, tube repairing, lubrication
and washing.
17.06.350 Grade, average. "Average grade" means the average of the natural or existing topography
at the center of all exterior walls of a building or structure to be placed on a site,
17.06.351 Grade, natural. "Natural grade" means the elevation of the ground surface in its natural state,
before human-made alterations.
17.06.352 Group home. See "Residential care facility."
17.06.353 Hazardous waste. "Hazardous waste" means all dangerous and extremely hazardous waste
as defined in RCW 70,105.010(15) except radioactive wastes and except for moderate risk waste as set
forth in RCW 70.105.010(17).
17.06 - 7
17.06.354 Hazardous waste storage. "Hazardous waste storage" means the holding of hazardous waste
for a temporary period, as regulated by the State Dangerous Waste Regulations, WAC Chapter 173-303.
17.06.356 Hazardous waste treatment. "Hazardous waste treatment" means the physical, chemical or
biological processing of hazardous waste for the purpose of rendering these wastes nondangerous or less
dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage,
or reduced in volume, as regulated by the State Dangerous Waste Regulations, WAC Chapter 173-303,
17.06.360 Hearings examiner. "Hearings examiner" means the hearings examiner of the city of Yelm
at such time as the position is established,
17.06.370 Home occupation. For a definition of "home occupation" see Chapter 17.69.
17.06.380 Hotel. "Hotel" means any building containing six or more guest rooms where lodging, with
or without meals, is provided for compensation. Hotel may include provisions for cooking in any
individual room or suite where integral to short-duration stay (typically less than two weeks).
17.06.382 Housing for people with disabilities. "Housing for people with disabilities" means housing
used, or intended for use, by persons with disabilities. The term includes, but is not limited to, adult
family homes, residential care facilities and housing for any supported living arrangement, as herein
defined.
17.06.385 Industrial park. "Industrial park" means a large tract of land that has been planned, developed
and operated as an integrated facility for a number of individual industrial uses, with special attention to
circulation, parking, utility needs, aesthetics and compatibility.
17.06.387 Institutional building. "Institutional building" means the land, buildings or structures operated
by a municipal or other governmental agency to provide local protective, social, recreational, cultural or
mass transportation services directly to the general public. This may include police and fire stations,
libraries, recreation facilities, bus transfer stations and park-and-ride lots. It may also include public land
or buildings devoted solely to the storage of equipment and materials. It does not include parking lots that
are accessory to uses that would otherwise not be allowed in the underlying zone.
17.06.390 Kennel. "Kennel" means any place where more than six dogs and/or cats, or other canines
or felines, beyond the age of four months, are kept for commercial purposes, including grooming, board
and sale.
17.06.395 Kiosk. "Kiosk" means a freestanding structure upon which temporary information and/or
posters, notices and announcements are posted.
17.06.410 Lot. "Lot" means a platted or unplatted parcel of land unoccupied, occupied or intended to
be occupied by a principal use or building and accessory buildings, together with all yards, open spaces
and setbacks required by this title,
17.06.420 Lot area. "Lot area" means the total land space or area contained within the boundary lines
of any lot, tract or parcel of land and may be expressed in square feet or acres.
17.06.430 Lot, corner. "Corner lot" means a lot that abuts two or more intersecting streets,
17.06.440 Lot depth. "Lot depth" means the horizontal distance between the front lot line and the rear
lot line measured within the lot boundaries.
17.06.450 Lot line, front. "Front lot line" means that boundary of a lot which is located along an
existing or dedicated public street, or, where no public street exists, along a public right-of-way or private
way.
17.06.460 Lot, interior. "Interior lot" means a lot that has frontage on one street only.
17.06.470 Lot line, rear. "Rear lot line" means the lot line which is opposite and most distant from the
front lot line, except, in the case of a triangular or pie-shaped lot, it means a straight line ten feet in
17.06 - 8
length which: (1) is parallel to the front lot line or (2) intersects the two other lot lines at points most
distant from the front lot line,
17.06.490 Lot width. "Lot width" means the horizontal distance between side lot lines measured at right
angles to the lines comprising the depth of the lot at a point midway between the front lot line and the
rear lot line.
17.06.496 Mall. "Mall" means:
A. A shaded walk or public promenade; or
B. A shopping center where stores front on both sides of a pedestrian way that may be enclosed or
open.
17.06.497 Marquee. "Marquee" means any hood, canopy, awning or permanent construction that
projects from a wall of a building, usually above an entrance.
17.06.498 Mixed use development (MUD). "Mixed use development" means the development of a tract
of land or building or structure with two or more different uses such as, but not limited to, residential,
office, retail, public or entertainment in a compact urban form.
17.06.500 Mobile/manufactured home. "Mobile/manufactured home" means a vehicular, portable
structure(s) built on a chassis designed to be used as a residential dwelling, and which is not designed to
be permanently affixed to a foundation and containing plumbing, waste disposal and electrical systems
similar to conventional homes, and which bears an insignia issued by a state or federal regulatory agency
indicating that the mobile/manufactured home complies with all applicable construction standards of the
U.S. Department of Housing and Urban Development definition of a manufactured home. A commercial
coach, recreational vehicle and factory-built home is not a mobile/manufactured home.
17.06.510 Mobile home park. "Mobile home park" meaIis an area of land, in single ownership, on
which ground space is made available for the location of mobile homes (or trailers) on a month-to-month
or yearly-lease basis. Said mobile homes would generally be owned by the occupants who pay a fee for
the use of the ground space, The mobile home units remain essentially portable and may be moved from
time to time.
17.06.520 Mobile home subdivision. "Mobile home subdivision" means an area of land, platted in
accordance with the subdivision or platting regulations of the city and the state of Washington, in which
each parcel or lot is designed and intended to be owned in fee by a person or persons also owning and
occupying the mobile home structure situated on said lot. The mobile home units remain essentially fixed
on permanent foundations and generally are moved onto the site in their entirety or in sections only at
the time of initial construction. Structures in mobile home subdivisions shall meet current HUD or UBC
construction standards.
17.06.530 Motel. "Motel" means a building or group of buildings containing guest rooms which mayor
may not contain cooking facilities, and where lodging with or without meals is provided for
compensation.
17.06.533 Multiple-family building. "Multiple-family building" means a building designed and used for
occupancy by three or more families all living independent of each other and having separate kitchen
facilities for each family, where all dwelling units are located on the same lot.
17.06.535 Multiple use building. "Multiple use building" means a building containing uses from more
than one land use classification.
17.06.540 Nonconfonning building or structure. "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.
17.06 - 9
17.06.550 Nonconfonning lot. "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 with
the dimensional or area requirements of this title.
17.06.560 Nonconfonning use. "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 with the use regulations of the use district in which it is located.
17.06.562 Off-site hazardous waste treatment and storage facility. "Off-site hazardous waste treatment
and storage facility" means treatment and storage facilities which treat and store hazardous wastes
generated on properties other than those on which the off-site facilities are located.
17.06.565 Office. "Office" means a room, studio, suite or building in which a person transacts his/her
business or carries on his/her stated occupation, further defined in some provisions as business office.
For the purpose of this chapter, an office shall not involve manufacturing, fabrication, production,
processing, assembling, cleaning, testing, repair or storage of materials, goods and products; or the sale
and delivery of any materials, goods or products that are physically located on the premises. An office
shall not be deemed to include a veterinary clinic.
17.06.566 Office, business. "Business office" means any room, studio, suite or building wherein the
primary use is the conduct of a business such as accounting, correspondence, research, editing,
administration or analysis; or the conduct of a business by salespersons, sales representatives or
manufacturer's representatives; or the conduct of a business by professionals such as engineers, architects,
land surveyors, artists, musicians, lawyers, accountants, real estate brokers, insurance agents, dentists
or physicians, urban planners or landscape architects.
17.06.567 Official zoning map. "Official zoning map" means the parcel-specific map of the city ofYelm
entitled "Official Zoning Map, City of Yelm" establishing the location and boundaries of the zoning
districts established by this ordinance. A copy of such official zoning map shall be on file in the planning
department,
17.06.568 On-site hazardous waste treatment and storage facility. "On-site hazardous waste treatment
and storage facility" means treatment and storage facilities which treat and store hazardous wastes
generated on the same property.
17.06.570 Open space. "Open space" means that portion of a lot or parcel not developed or built upon
or occupied by impervious surfaces; generally the front, rear and side yards of a lot and areas required
to meet the open space ordinance.
17.06.580 Open space, common. "Common open space" means that portion of a lot or parcel not
developed, built upon or occupied by buildings, parking areas, driveways and the like; other than minimal
appurtenances such as walkways designed and intended to make such open space usable and accessible,
and the use of which is intended for and accessible to all of the persons residing in the development of
which the open space is a part.
17.06.590 Open space, usable. "Usable open space" means undeveloped or unbuilt portions of land
designed and maintained in a manner which makes such open space accessible and usable by and for the
persons for whom the space is intended.
17.06.600 Parcel. "Parcel" refers to contiguous land in common ownership or control not identified as
lots, lawful final plats or short plats recorded under Chapter 58.17 RCW. A property owner has a single
"parcel" for purposes of this ordinance where the property is contiguous regardless of the number of tax
parcels or other nonsubdivision segmentations which may appear,
17.06.610 Parking area. "Parking area" means an open area, other than a street or alley, which contains
one or more parking spaces, and the aisles which provide access to such spaces,
17.06.615 Parking, off-street. "Off-street parking" means an area devoted to the parking of vehicles and
located within the boundaries of a lot.
17.06 - 10
17.06.620 Parking space. "Parking space" means an unobstructed space or area other than a street or
alley which is permanently reserved and maintained for the parking of one motor vehicle.
17.06.623 Pedestrian corridor. "Pedestrian corridor" means an alignment that is generally for exclusive
pedestrian use,
17.06.625 Pedestrian-oriented frontage. "Pedestrian oriented frontage" means a building frontage
devoted to uses that stimulate pedestrian activity, or to visually interesting features at the pedestrian level.
Uses are typically sidewalk oriented and physically or visually accessible by pedestrians from the
sidewalks. Uses that comprise pedestrian-oriented frontage include, but are not limited to, specialty retail
stores, delicatessens, drug stores, shoe repair shops, cleaning establishments, floral shops, beauty shops,
barber shops, department stores, apparel shops or boutiques, travel agencies and other services,
restaurants and theaters. Banks and financial institutions are not pedestrian-oriented uses. Visually
interesting features include, but are not limited to, murals, wall sculptures and display cases.
17.06.626 Pedestrian scale. "Pedestrian scale" means the proportional relationship between an individual
and his or her environment.
17.06.628 People with disabilities. "People with disabilities" means:
A. A person who, because of a recognized chronic physical or mental condition or disease, is disabled
to the extent of:
1. Needing care, supervision or monitoring to perform activities of daily living or instrumental
activities of daily living, or
2. Needing support to ameliorate or compensate for the effects of the disability so as to lead as
independent a life as possible, or
3. Having a physical or mental impairment which substantially limits one or more of such
person's major life activities, or
4. Having a record of having such an impairment, or
B, Being regarded as having such an impairment, but such term does not include current, illegal use
of or active addiction to a controlled substance.
17.06.630 Person. "Person" means an individual or any group of individuals, acting as a unit, whether
or not legally constituted as an association, company, corporation, estate, family, partnership, syndicate,
trust or other entity.
17.06.640 Planning commission. "Planning commission" means the city planning commission of the city
of Yelm.
17.06.645 Plaza. "Plaza" means a continuous open area that is readily accessible to the public at all
times, open above and on at least one side, and designed specifically for use by people as opposed to
serving as a setting for a building.
17.06.646 Plaza, shopping. "Shopping plaza" means a continuous, one-story area that is readily
accessible to the public and visible consumer shopping with uses such as, but not limited to, flower shops,
apparel shops, magazine and smoke shops, card shops, gift shops, outdoor-indoor cafes, art galleries and
similar specialty shops.
17.06.650 Premises. "Premises" means an area of land with its appurtenances and buildings which
because of its unity of use may be regarded as the smallest conveyable unit.
17.06.660 Principal use. "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.
17,06 - 11
17.06.670 Property line. "Property line" means a line bounding and indicating the ownership, or
intended ownership, of a parcel of land.
17.06.672 Recreational vehicle. "Recreational vehicle" means a portable structure such as a motor home,
travel trailer, equivalent facilities in or on an automotive vehicle, tent or other short-term recreational
shelter designed as a temporary dwelling for travel, recreation and vacation uses.
17.06.674 Recreational vehicle park. "Recreational vehicle park" means a parcel or tract of land having
designated areas for rent to one or more persons for temporary parking or placement of a recreational
vehicle as opposed to permanent year-round occupancy.
17.06.676 Recreational vehicle site. "Recreational vehicle site" means an area designated for rent for
the parking or placement of a recreational vehicle.
17.06.678 Residential care facility. "Residential care facility" means a facility, licensed by the state, that
cares for at least five but not more than fifteen 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 WAC 246-323-010(32); adult residential rehabilitation center in accordance with
Chapter 71,12 RCW and WAC 246-325-010(3); private adult treatment home in accordance with Chapter
71.12 RCW and WAC 246-325-010(28); alcoholism treatment facility in accordance with Chapter 71.12
RCW and WAC 246-326-010(6); congregate care facility in accordance with Chapter 71.12 RCW,
Chapter 18.20 RCW and WAC 388-15-560; evaluation and treatment facility in accordance with RCW
71.34.020(6); group training home in accordance with RCW 71A.22.020(2), group care facility in
accordance with RCW 74. 15.020(3)(a); and foster family homes in accordance with RCW 74. 15.020(3)(f)
or congregate care facilities for senior housing with central cooking facilities, group homes for children,
safehomes and comparable facilities as determined by the approval authority.
17.06.680 Section. "Section" means any of the various sections of this zoning title, unless otherwise
clearly indicated by the context.
17.06.682 Setback. "Setback" means the distance between any building and the adjacent facing lot line.
17.06.683 Shoreline. "Shoreline" means a line determined by the "ordinary high water mark" as defined
in the Shoreline Management Act of 1971, as follows:
"Ordinary high water mark" on all lakes, streams and tidal water is that mark that will be found
by examining the bed and banks and ascertaining where the presence and action of waters are so common
and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from
that of the abutting upland, in respect to vegetation as that condition exists on the effective date of this
chapter or as it may naturally change thereafter: PROVIDED, that in any area where the ordinary high
water mark cannot be found, the ordinary high water mark adjoining saltwater shall be the line of mean
higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high
water. (Or, as shown by markings of water surface contaminants on rocks, bulkheads, pilings or other
relatively permanent structures or natural features.)
17.06.684 Single-family dwelling. "Single-family dwelling" means a residential building containing only
one dwelling unit entirely surrounded by open space or yards on the same lot. Single-family dwelling
includes factory-built home.
17.06.685 Site plan review committee. "Site plan review committee" means a committee composed of
the city planner, who shall serve as chairman of the committee, the city administrator, the city director
of public works and the building official, or their designees,
17.06.688 Special uses. "Special uses" means certain uses which, because of special requirements,
unusual character, size or shape, infrequent occurrence or possible detrimental effects on surrounding
17.06-12
property and for other similar reasons, may be allowed in certain use districts only by the granting of a
special use permit by the city council.
17.06.700 State. "State" means the state of Washington.
17.06.710 Street, flanking. "Flanking street" means a street, alley or right-of-way other than the one
on which a corner lot has its main frontage,
17.06.715 Street furniture. "Street furniture" means human-made, above-ground items that are usually
found in street rights-of-way, including, but not limited to, benches, kiosks, plants, canopies, shelters and
phone booths.
17.06.720 Street, major. "Major street" means a state highway, county road or city thoroughfare
designated as a primary, or secondary or collector, arterial in the city's six-year street program and/or
the circulation plan of the Yelm comprehensive plan.
17.06.730 Street, minor. "Minor street" means a street or road designated as a local access street.
17.06.740.Structure. "Structure" means anything erected, the use of which has fixed location on or in
the ground, or attachment to something having fixed location on the land, including but not limited to
buildings, fences, signs and walls,
17.06.742 Supported living arrangement. "Supported living arrangement" means a living unit owned
or rented by one or more persons with disabilities who receive assistance with activities of daily living,
instrumental activities of daily living and/or medical care from an individual or agency licensed and/or
reimbursed by a public agency to provide such assistance,
17.06.743 Townhouse. "Townhouse" means 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 shall be attached by not
more than two party walls,
17.06.744 Tract. "Tract" means a contiguous quantity identified in subdivisions and binding site plans
for purposes other than development of a home or commercial building.
17.06.745 Transfer of development rights (TDR). "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.
17.06.750 Use district. "Use district" means a specific zoned area or district designated on the official
zone map. Such area is subject to all the regulations applicable to the district that are contained in this
title.
17.06. 760 Variance. "Variance" means a modification of the regulations because of the unusual nature,
shape, exceptional topographic conditions or extraordinary situation or conditions connected with a
specific piece of property, where the literal enforcement of this title would pose undue hardship
unnecessary in carrying out the spirit of this title,
17.06.770 Yard. "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.
17.06.775 Yard, flanking. "Flanking yard" 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.
17.06.780 Yard, front. "Front yard" 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.
17.06 - 13
17.06.790 Yard, rear. "Rear yard" 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.
17.06.810 Yard, side. "Side yard" 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,
17.06.820 Zero lot line. "Zero lot line" means the location of a building on a lot in such a manner that
one or more of the building's sides rest directly on a lot line.
17.06.830 Zoning envelope. "Zoning envelope" means the three-dimensional space within which a
structure is permitted to be built on a lot and which is defined by maximum height regulations, yard
setbacks and other bulk regulations.
17.06 - 14
Chapter 17.09
ZONING DISTRICTS AND BOUNDARIES
Sections:
17,09.010 Land use or zoning districts established
17.09.015 Overlay designations
17.09.020 Zoning map
17.09.030 Limited zone district (L)
17.09.040 Interpretation of zoning district boundaries
17.09.050 Interpretation of uses
17.09.060 Prerequisites to designated zoning
17.09.010 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-lO), Central Business District (CBD), Commercial (C-l), Heavy Commercial
(C-2), Large Lot Commercial (C-3), IndustriallWarehouse (I/W), Industrial (I) and Open
Space/Institutional (OS),
17.09.015 Overlay designations. In order to allow greater flexibility and encourage a wider variety of
uses, the following overlay designations are created. These designations can be approved upon an
application by the property owner/developer and the conditions of each such designation will be
superimposed on the underlying use district: Neighborhood Commercial Development, Mixed Use
Planned Development, Planned Residential Development, Townhouse Development and Master Plan
Development.
17.09.020 Zoning map.
A. The districts are bounded as shown on a map entitled Official Zoning Map--city of Yelm, and
identified by the approving signatures of the mayor and city clerk, and is adopted by reference and
declared to be a part of this title and shall be located on file in the office of the city clerk.
B. If changes are made on the official zoning map, such changes shall be promptly entered on the
official zoning map. The rezone shall be effective on the date the ordinance approving the rezone
takes effect.
17.09.030 Limited zone district (L). Wherever a particular zone district has the suffix (L) added thereto,
that zone district classification creates a use district with special conditions and standards pertaining to
the uses in that "limited" zone district. The special conditions and standards of the (L) district are to be
invoked only after study and review of an official rezone request.
17.09.040 Interpretation of zoning district boundaries. When uncertainty exists as to the boundaries
as shown on the official zoning map, the approval authority shall interpret the boundaries, and the
approval authority's interpretation shall be final.
17.09.050 Interpretation of uses. The several zoning districts permit certain specific uses and similar
or related uses. The determination of similarity or relatedness to the specific uses shall be made by the
approval authority,
Whenever the approval authority finds that the proposed use is similar or related to the permitted uses
in a given district, the approval authority shall post the property advising the public of the proposed use.
17.09.060 Prerequisites to designated zoning. Zoning depicted on the official zoning map is designated
by the city on the following conditions:
A, The property in question is in the city's approved sewer service area, as identified in the approved
comprehensive sewer plan for the city of Yelm on file in city hall.
B. The property in question is in the city's approved water service area as identified in the approved
comprehensive water plan for the city of Yelm on file in city hall.
17,09-1
C. The developer of the property pays the allocated share of impact fees, general facility charges and
other utility charges identified in city development and utility regulations to provide the
infrastructure (public facilities and public services) necessary to serve the development of the
property and retain adequate levels of service as required by law.
17,09 - 2
Chapter 17.12
LOW-DENSITY RESIDENTIAL DISTRICT
(R-4)
Sections:
17.12.010 Intent
17.12.020 Permitted uses
17.12.030 Prohibited uses
17 .12.040 Environmental performance standards
17.12,050 Lot area
17,12,060 Off-street parking
17.12,070 Landscaping
17.12.080 Stormwater runoff
17 .12.090 Open space
17.12.010 Intent. It is the intent of this chapter to:
A, Enhance the residential quality of the city by providing a high standard of development for
single-family residential areas;
B. Guide residential development to those areas where:
1. Public sewers are in place or available prior to residential building construction, or
2, Where sewers can be extended at minimal cost, or
3. Where new technology in the processing of domestic sewerage makes residential development
in unsewered areas environmentally acceptable;
C. Guide development of residential areas in such manner as to encourage and plan for the availability
of public services and community facilities such as utilities, police and fire protection, streets,
schools, parks and recreation.
17.12.020 Permitted uses.
A. Specific types of uses permitted in the low-density residential district:
1. Single-family dwellings including duplexes on individual lots at a density of not more than
four dwelling units per gross acre;
2. Mobile/manufactured homes as provided in Chapter 17.63;
3. Planned residential developments as provided in Chapter 17.60;
4. Townhouse developments as provided in Chapter 17.61;
5, Residential care facilities;
B, Other or related uses permitted:
1. Accessory buildings or structures clearly incidental to the residential use of the lot such as
storage of personal property or for the pursuit of avocational interests;
2. Home occupations as provided in Chapter 17,69;
3. Secondary dwelling units as follows:
A secondary dwelling unit may be created on a single-family lot for the exclusive use of persons
related by blood or marriage to the owner/occupant of the property. The secondary dwelling unit
may consist of one or more rooms, including kitchen and cooking facilities; and may be created
by conversion of, or addition to, either the main residence on the lot or legal accessory building;
provided that:
17.12 - 1
a. Such conversion or addition shall not cause the maximum allowable building or development
coverage of the lot to be exceeded and shall not itself exceed 1,000 square feet,
b, Said conversion or addition shall comply with all rules and regulations of the building,
plumbing, fire and other applicable codes,
c. A building permit and all other applicable permits shall be obtained prior to construction of
such conversion or addition;
4. Special uses as provided in Chapter 17,66 of this title, subject to site plan review;
5. The keeping of common household animals or pets is permitted provided that their keeping
does not constitute a nuisance or hazard to the peace, health and welfare of the community
in general and neighbors in particular;
6. Family day care homes as provided in Chapter 17.65.
17.12.030 Prohibited uses.
A. Kennels are prohibited.
B. Uses other than those identified or described in Section 17,12.020 are prohibited.
17.12.040 Environmental perfonnance standards.
A. Permitted uses shall create no noise, emissions, odors or other nuisances which are demonstrably
disruptive or disturbing to other residences in the area, or which are of a quality or quantity not
normally associated with residential use.
B. The construction of accessory buildings shall be encouraged in such a manner as to make them
complementary to the basic architectural character of the main building on the lot, or appropriate
to the accessory use.
C. Special uses shall comply with the development guidelines described for such uses in Chapter 17.66
of this title.
D. All uses shall comply with the applicable environmental performance standards of Chapter 17.57
of this title.
17.12.050 Lot area. The size and shape of lots shall be as follows, provided they adhere to the density
requirements:
A. Minimum lot area: none;
B. Minimum front yard measured from city right of way line:
On collectors, twenty-five feet,
On arterials, thirty-five feet,
On local streets, fifteen feet, with a twenty-foot minimum driveway approach;
C. Minimum side yards:
Minimum on one side, five feet,
Minimum total both sides, twelve feet;
D. Minimum flanking yard: fifteen feet;
E. Minimum rear yard: twenty-five feet;
F. Maximum building coverage: fifty percent;
G. Maximum development coverage: seventy-five percent;
17.12 - 2
H. Maximum height of buildings:
Main building, thirty-five feet,
Accessory building, sixteen 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 one hundred twenty
square feet, the following setbacks are permitted:
Front yard: twenty-five feet,
Side yard:
One side, five feet,
Total both sides, twelve feet,
Rear yard: five feet.
17.12.060 Off-street parking. Off-street parking shall be provided in accordance with Chapter 17.72 of
this title,
17.12.070 Landscaping. Landscaping shall be provided according to Chapter 17.80 and the provisions
of this Section 17.12,070 are supplemental thereto, Landscaping is required for the purpose of minimizing
surface water runoff and diversion, preventing soil erosion and promoting the aesthetic character of the
community. Natural vegetation, ground cover, stands of trees or shrubs existing prior to development of
the site may be acceptable to meet the landscaping requirement. Areas which have been cleared of
vegetation or ground cover prior to or during construction, and which are not otherwise developed, shall
be landscaped with trees, shrubs and suitable ground cover. Suitable materials for ground cover are those
which permit rain water infiltration of the soil and may include sod, ivy, bark, noncompacted gravel and
the like,
17.12.080 Stormwater runoff. All stormwater runoff shall be retained, treated and disposed of on site
or disposed of in a system designed for such runoff and which does not flood or damage adjacent
properties. Systems designed for runoff retention and control shall comply with specifications provided
by the city and shall be subject to its review and approval, and shall, moreover, comply with Chapter 5
of the Yelm Development Guidelines, Drainage Design and Erosion Control Standards for the City of
Yelm.
17.12.090 Open space. Open space dedications or fees-in-lieu thereof, shall be provided according to
Chapter 14.12.
17.12 - 3
Chapter 17.15
MODERATE-DENSITY RESIDENTIAL DISTRICT
(R-6)
Sections:
17.15 .010 Intent
17.15.020 Types of uses permitted
17,15.030 Prohibited uses
17.15,040 Environmental performance standards
17.15.050 Density and lot development guidelines
17,15.060 Off-street parking
17.15,070 Landscaping
17, 15.080 Stormwater runoff
17.15.090 Open space
17.15.010 Intent. It is the intent of this chapter to:
A. Enhance the residential quality of the city by providing a high standard of development for
residential areas of moderate density;
B, Permit a greater variety of housing types than are permitted in the low-density residential district;
C. Permit a higher density of development as a means of achieving more economical housing;
D, Guide moderate-density residential development to those areas where:
1. Public sewers are in place prior to residential building construction, or
2, Where sewers can be extended at minimal cost to the city, or
3. Where new technology in the processing of domestic sewerage makes residential development
in unsewered areas environmentally acceptable;
E, Guide development of residential areas in such manner as to encourage and plan for the availability
of public services and community facilities such as utilities, police and fire protection, streets,
schools, parks and recreation.
17.15.020 Types of uses permitted.
A. Specific types of uses permitted in the moderate-density residential district:
1, Any residential use, including single-family dwellings on individual lots, duplexes, and other
multi-family dwellings, provided they do not exceed six dwelling units per gross acre and are
not less than three units per gross acre;
2. Mobile/manufactured homes as provided in Chapter 17.63;
3. Planned residential development as provided in Chapter 17.60;
4. Townhouse developments as provided in Chapter 17.61;
5. Residential care facilities;
6. Mixed use planned development as provided in Chapter 17.45;
7. Neighborhood commercial development as provided in Chapter 17.36.
B. Other or related uses permitted:
1. Accessory buildings or structures clearly incidental to the residential use of the lot, such as
storage of personal property (including boats, recreational vehicles, etc,), or for the pursuit
of avocational interests; or structures designed for and related to recreational needs of the
residents of a residential complex;
17.15 - 1
2. Home occupations as provided in Chapter 17.69 of this title;
3. Special uses as provided in Chapter 17.66 of this title, subject to site plan review;
4. The keeping of common household animals or pets is permitted provided that their keeping
does not constitute a nuisance or hazard to the peace, health and welfare of the community
in general and neighbors in particular;
5. Family day care homes as provided in Chapter 17,65;
6. Secondary dwelling units as follows:
A secondary dwelling unit may be created on a single-family lot for the exclusive use of persons
related by blood or marriage to the owner/occupant of the property. The secondary dwelling unit
may consist of one or more rooms, including kitchen and cooking facilities; and may be created
by conversion of, or addition to, either the main residence on the lot or legal accessory building;
provided that:
a. Such conversion or addition shall not increase the maximum allowable building or
development coverage of the lot and shall not exceed 1,000 square feet,
b. Said conversion or addition shall comply with all rules and regulations of the building,
plumbing, fire and other applicable codes,
c. A building permit and other applicable permits shall be obtained prior to construction of such
conversion or addition.
17.15.030 Prohibited uses.
A. Kennels are prohibited,
B. Uses other than those identified or described in Section 17.15.020 are prohibited.
17.15.040 Environmental performance standards.
A. Permitted uses shall create no noise, emissions, odors or other nuisances which are demonstrably
disruptive or disturbing to other residences in the area, or which are of a quality or quantity not
normally associated with residential use.
B. Accessory buildings shall be complementary to the basic architectural character of the main building
on the lot, or appropriate to the accessory use.
e. Special uses shall comply with the development guidelines described for such uses in Chapter 17.66
of this title,
D, All uses shall comply with the applicable environmental performance standards of Chapter 17.57
of this title.
17.15.050 Density and lot development guidelines. The size and shape of lots shall be as follows,
provided they adhere to the density requirements:
A. Minimum lot area: none;
B. Minimum front yard measured from city right of way line:
On collector streets, twenty-five feet,
On arterials, thirty-five feet,
On local streets, fifteen feet, with a twenty-foot minimum driveway approach;
C. Minimum side yards:
Minimum on one side, five feet,
17.15 - 2
Minimum total both sides, twelve feet;
D. Minimum flanking yard: fifteen feet;
E. Minimum rear yard: twenty-five feet;
F. Maximum building area coverage: fifty percent;
G. Maximum development coverage: seventy-five percent;
H. Maximum height:
Main building, thirty-five feet,
Accessory building, sixteen feet;
I. Accessory buildings: All accessory buildings must comply with the current building setbacks as
stated in this chapter; provided, however, ifthe accessory building is less than one hundred twenty
square feet, the following setbacks are permitted:
Front yard: twenty-five feet,
Side yard:
One side, five feet,
Total both sides, twelve feet,
Rear yard: five feet.
17.15.060 Off-street parking. Off-street parking shall be provided in accordance with Chapter 17.72 of
this title.
17.15.070 Landscaping. Landscaping shall be provided according to Chapter 17.80 and the provisions
of this Section 17.15,070 are supplemental thereto. Landscaping is required for the purpose of minimizing
surface water runoff and diversion, prevent soil erosion and promote the aesthetic character of the
community. Natural vegetation, ground cover, stands of trees or shrubs existing prior to development of
the site may be acceptable to meet the landscaping requirement. Areas which have been cleared of
vegetation or ground cover prior to or during construction, and which are not otherwise developed, shall
be landscaped with trees, shrubs and suitable ground cover. Suitable materials for ground cover are those
which permit rainwater infiltration of the soil and may include sod, ivy, bark, noncompacted gravel and
the like.
17.15.080 Stormwater runoff. All stormwater runoff shall be retained, treated and disposed of on site
or disposed of in a system designed for such runoff and which does not flood or damage adjacent
properties. Systems designed for runoff retention and control shall comply with specifications provided
by the city and shall be subject to its review and approval, and shall, moreover, comply with Chapter 5
of the Yelm Development Guidelines, Drainage Design and Erosion Control Standards for the City of
Yelm.
17.15.090 Open space. Open space dedications or fees-in-lieu thereof, shall be provided according to
Chapter 14.12.
17.15 - 3
Chapter 17.18
InGH-DENSITY RESIDENTIAL DISTRICT
(R-10)
Sections:
17. 18,010 Intent
17.18,020 Permitted uses
17.18.030 Environmental performance standards
17.18.040 Lot area
17.18.050 Off-street parking
17.18,070 Landscaping
17.18,080 Stormwater runoff
17.18.090 Open space
17.18.010 Intent. It is the intent of this chapter to:
A. Enhance the residential quality of the city by providing a high standard of development for
residential areas of high density;
B. Designate certain areas where high-density residential development may be located;
C. Make high-density residential developments available to those persons who may prefer such housing
because of personal or financial circumstances;
D. Guide high-density residential development to those areas where:
1. Public sewers are in place prior to residential building construction,
2. Where sewers can be extended at minimal cost to the city, or
3. Where new technology in the processing of domestic sewerage makes residential development
in unsewered areas environmentally acceptable;
E. Guide development of residential areas in such manner as to encourage and plan for the availability
of public services and community facilities such as utilities, police and fire protection, streets,
schools, parks and recreation;
F. Preserve within developments open space and related amenities.
17.18.020 Permitted uses.
A. Specific types of uses permitted in the high-density residential district:
1, Any residential use, including single-family dwellings on individual lots, duplexes and other
multi-family dwellings, provided they do not exceed ten dwelling units per gross acre and
are not less than six units per gross acre;
2. Mobile/manufactured homes as provided in Chapter 17.63;
3. Planned residential developments as provided in Chapter 17.60;
4. Townhouse development as provided in Chapter 17.61;
5, Residential care facility;
6. Mixed use planned development as provided in Chapter 17.45;
7. Neighborhood commercial development as provided in Chapter 17.36.
B. Other or related uses permitted:
1. Accessory buildings or structures clearly incidental to the residential use of the lot, such as
storage of personal property (including boats, recreational vehicles, etc,), or for the pursuit
17.18 - 1
of avocational interests; or structures designed for and related to recreational needs of the
residents of a residential complex;
2. Home occupations as provided in Chapter 17.69 of this title;
3. Special uses as provided in Chapter 17.66 of this title, subject to site plan review;
4. The keeping of common household animals or pets is permitted provided that their keeping
does not constitute a nuisance or hazard to the peace, health and welfare of the community
in general and neighbors in particular;
5. Family day care homes as provided in Chapter 17.65.
17.18.030 Environmental performance standards.
A, Permitted uses shall create no noise, emissions, odors or other nuisances which are demonstrably
disruptive or disturbing to other residences in the area, or which are of a quality or quantity not
normally associated with residential use.
B. Accessory buildings shall be complementary to the basic architectural character of the main building
on the lot, or appropriate to the accessory use.
C. Special uses shall comply with the development guidelines described for such uses in Chapter 17.66
of this title,
D, All uses shall comply with the applicable environmental performance standards of Chapter 17.57
of this title,
17.18.040 Lot area. The size and shape of lots shall be as follows:
A. Minimum lot area: none
B. Minimum lot width: none
C. Minimum front yard measured from city right of way line:
On collector, twenty-five feet,
On arterials, thirty-five feet,
On local streets, fifteen feet, with a twenty-foot minimum driveway approach;
D. Minimum side yards:
Minimum on one side, ten feet,
Minimum total both sides, twenty feet;
E. Minimum flanking yard: twenty feet;
F Minimum rear yard: twenty-five feet;
G. Maximum building coverage: fifty percent;
H. Maximum development coverage: seventy-five percent;
1. Maximum height of buildings:
Within 100 feet of a lower density residential zone, twenty-five feet,
All other residential buildings, three-story building, not to exceed thirty-five feet;
Accessory building, thirty-five feet;
J, 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 one hundred twenty
square feet, the following setbacks are permitted:
17.18 - 2
Front yard: twenty-five feet,
Side yard:
One side, five feet,
Total both sides, twelve feet,
Rear yard: five feet.
17.18.050 Off-street parking. Off-street parking shall be provided in accordance with Chapter 17.72 of
this title.
17.18.070 Landscaping. Landscaping shall be provided according to Chapter 17.80 and the provisions
of this Section 17.18.070 are supplemental thereto, Landscaping is required for the purpose of minimizing
surface water runoff and diversion, preventing soil erosion and promoting the aesthetic character of the
community. Natural vegetation, ground cover, stands of trees or shrubs existing prior to development of
the site may be acceptable to meet the landscaping requirement. Areas which have been cleared of
vegetation or ground cover prior to or during construction, and which are not otherwise developed, shall
be landscaped with trees, shrubs and suitable ground cover. Suitable materials for ground cover are those
which permit rain water infiltration of the soil and may include sod, ivy, bark, noncompacted gravel and
the like.
17.18.080 Stonnwater runoff. All stormwater runoff shall be retained, treated and disposed of on site
or disposed of in a system designed for such runoff and which does not flood or damage adjacent
properties, Systems designed for runoff retention and control shall comply with specifications provided
by the city and shall be subject to its review and approval, and shall, moreover, comply with Chapter 5
of the Yelm Development Guidelines, Drainage Design and Erosion Control Standards for the City of
Yelm.
17.18.090 Open space. Open space dedications or fees-in-lieu thereof, shall be provided according to
Chapter 14.12,
17,18-3
Chapter 17.24
CENTRAL BUSINESS DISTRICT
(CBD)
Sections:
17.24,010 Intent
17,24.020 Permitted uses
17.24.030 Similar or related uses
17.24.040 Floor area.
17,24.050 Building location.
17,24.070 Public right of way.
17.24.080 Ingress and egress,
17.24.100 Height.
17.24.110 Environmental performance standards
17.24.130 Landscaping requirements
17.24.140 Off-street parking
17,24.150 Parking area and circulation design
17.24.170 Stormwater runoff
17.24.010 Intent. In addition to the commercial zoning districts there is created an additional zone
designated as the CBD, central business district, for the purposes of providing an area for high intensity
uses or mixtures of uses for general commercial, retail, service and multidwelling activities. The purpose
of the zone is to promote the special characteristics of the existing downtown Yelm area, to provide a
pedestrian shopping atmosphere and to promote the rehabilitation of existing structures and the most
desirable uses of land and the following provisions in this chapter shall be applicable to the zone.
17.24.020 Permitted uses.
A. Uses permitted outright are as follows:
1. Antique shops;
2, Apartments at a density not to exceed the provisions of the R-10 zone;
3, Art galleries and museums;
4. Retail bakeries;
5. Banks and savings and loan associations;
6. Barber and beauty shops;
7, Bowling alleys;
8. Business and professional offices;
9. Clothes cleaning agency;
10. Confectionery stores;
11. Conservatories of music, drama and instrument instruction;
12. Daily and weekly newspaper publishing and commercial printing;
13, Delicatessen stores;
14, Department stores;
15. Drug stores;
16. Fraternal clubs and organizations;
17. Grocery and hardware stores;w
17.24 - 1
18. Health/exercise club
19. Ice machine or storage for less than five tons;
20, Jewelry stores;
21. Liquor stores, off-sale, provided such uses not be permitted to locate within five-hundred feet
of the exterior boundary property line of any public school grounds measured along the most
direct route over or across established public walks, streets or other public passageway to the
nearest public entrance of the premises proposed for license;
22. Locksmiths;
23. Millinery shops;
24. Motels and hotels;
25. Newsstands;
26. Nurseries;
27, Offices, private and government;
28. On-site treatment and storage facilities for hazardous waste, subject to the state siting criteria
adopted pursuant to the requirements to Chapter 70.105 RCW;
29. Parking lots, provided any area so used shall be improved and maintained to standards, and
provided further that any such area shall not be used for a vehicle, trailer or boat sales area
or the accessory storage of such vehicles;
30. Pet shops;
31, Post office branch;
32. Radio and television retail and repair stops;
33. Restaurants, bars, taverns and lounges;
34. Stationery and book stores;
35. Tailor shops;
36. Theaters, when within an enclosed building;
37. Transportation terminals;
38. Wearing apparel shops;
39. Any combination of the above uses,
B. Special uses may be permitted as provided for in Chapter 17.66.
17.24.030 Similar or related uses. Other unlisted, similar or related uses, and criteria for determination
of similarity or relatedness, as follows:
A. Uses similar to, or related to, those listed in subsection 17.27 .020(A) are permitted upon a finding
of the approval authority and/or the site plan review committee that a particular unlisted use does
not conflict with the intent of this chapter or the policies of the Yelm development plan.
B. The criteria for such finding of similarity shall include but not be limited to the following:
1. That the proposed use is appropriate in this district,
2. That the development guidelines for permitted uses can be met by the proposed use,
3. That the public need is served by the proposed use,
17,24 - 2
17.24.040 Floor area. Maximum size of any single-story gross floor area shall be 20,000 square feet.
17.24.050 Building location.
A. Applications to develop, remodel or improve properties and structures within this zone shall require
review and approval of a binding site plan in accordance with Chapter 17,84.
B, It is the intent of these provisions to provide increased design flexibility in development of the
downtown area to ensure its continued prosperity for the benefit of Yelm.
C, Site plans will be reviewed to ensure they provide to the extent possible the following criteria:
1. Buildings and structures shall be located, arranged and designed so as to promote, enhance
and provide continuity with existing right-of-ways, roads, streets, alleys, parks, sidewalks,
bikeways and landscaping on adjacent lots.
2. No business, trade or industry shall be permitted which is noxious or offensive by reason of
emission or odor, dust, smoke, gas, vibration or noise or which imposes any extraordinary
hazard to life or property,
17.24.070 Public right of way. Setbacks from public right-of-way shall comply with the requirements
of Chapter 17.72 of this title,
17.24.080 Ingress and egress. Ingress and egress at the site shall be consistent with the Yelm
Development Guidelines 4B.140.
17.24.100 Height. Maximum height of buildings shall be thirty-five feet.
17.24.110 Environmental perfonnance standards.
A. It shall be the responsibility of the operator and/or the proprietor of any proposed use to provide
such evidence and technical data as the approval authority and/or site plan review committee may
require to demonstrate that the use or activity is or will be in compliance with the environmental
performance standards of Chapter 17.57 of this title.
B, Failure of the approval authority and/or site plan review committee to require such information shall
not be construed as relieving the operator and/or the proprietor from compliance with the
environmental performance standards of this title,
17.24.130 Landscaping requirements.
A. Landscaping shall be provided according to Chapter 17,80 and the provisions of this Section
17.24,130 are supplemental thereto.
B. Landscaping shall be provided according to the site plan review and approval required pursuant to
Section 17.24.050.
C. Parcels or lots which share a common boundary with properties in a residential or open
space/institutional district shall, in addition to the rear or side setbacks required in Section
17.24.050, provide a ten-foot strip for landscaping along said common boundary.
D. Refuse.
1. Refuse container screening shall be required and be of a material and design compatible with
the overall architectural theme of the associated structure, shall be at least as high as the
refuse container, and shall in no case be less than six feet high.
2. No refuse container shall be permitted between a street and the front of a building.
3. Refuse collection areas shall be designed to contain all refuse generated on site and deposited
between collections, Deposited refuse shall not be visible from outside the refuse enclosure.
17.24 - 3
17.24.140 Off-street parking.
A. The provisions of Chapter 17,72 shall apply,
B, The minimum parking requirements specified in this section may be adjusted in the site plan review
process under the following conditions: when in their opinion an adjustment will be in accord with
the purposes of this code, and will not create an adverse impact on existing or potential uses
adjoining the subject property, or in the general vicinity of the subject property, The following
factors shall be considered in the determination of such impacts and such adjustments:
1. Two or more uses may share a parking area or garage if:
a. The total number of parking spaces provided is at least equal to the sum of the minimum
number of spaces required for each use; or
b. The uses are operating during different hours and the number of parking spaces is at least
equal to the minimum number of spaces required for all uses operating at the same time, and
no greater than the maximum number of spaces permitted for all uses operating at the same
time,
2. Where adjoining parking facilities of two or more ownerships are developed and designed
as one parking facility, a reduction of up to fifteen percent of the total combined required
parking spaces may be permitted,
3, 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.
Alternative programs that may be considered by the approval authority and/or site plan review
committee under this section include, but are not limited to the following:
a. Private vanpool operation;
b. Transit/vanpool fare subsidy;
c. Imposition and maintenance of a charge for parking;
d. Provision of subscription bus services;
e. Flexible work hour schedule;
f. Capital improvements for transit services;
g, Preferential parking for carpools/vanpools;
h, Participation in the ride-matching program;
1. Reduction of parking fees for carpools and vanpools;
j, Establishment of a transportation coordinator position to implement carpool, vanpool and
transit programs;
k. Bicycle parking facilities.
C, Off-street parking requirements for uses similar or related to, or any use not specifically listed in
the Yelm Development Guidelines, Section 4, Transportation, Table 1, shall be determined by the
approval authority and/or site plan review committee after consultation with the director of public
works 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.
17.24 - 4
D. Parking spaces may be designed and constructed for up to twenty-five percent of the required
number for compact size cars. An applicant must clearly identify all spaces designed and
constructed for compact car use, The approval authority and/or site plan review committee may
approve the design and designation of more than twenty-five percent of the spaces for use by
compact cars if the applicant demonstrates that no adverse impact will result.
E. Parking areas or garages shall be designed to provide for off-street vehicle circulation to adjoining
property and parking areas where physically feasible, except that driveways and parking aisles
should not cross pedestrian linkages in CBD land use districts,
F. Convenient, marked pedestrian access shall be provided from parking areas to pedestrian linkage
systems and from parking areas to principal uses.
G. An owner/developer may install the required parking spaces in phases if a phased schedule has been
approved by the approval authority and/or site plan review committee. This schedule must
specifically indicate when the minimum parking requirements of Section 17.24.140 will be
provided, The approval authority and/or site plan review committee may permit the use of
temporary parking areas with appropriate screening as part of a phasing schedule. In addition, the
approval authority and/or site plan review committee may require a performance assurance device
to insure conformance with the requirements and intent of Section 17.24,140.
17.24.150 Parking area and circulation design.
A, The city public works department or approval authority shall have the authority to fix the location,
width and manner of approach of vehicular ingress or egress from a building or parking area to a
public street and to alter existing ingress and egress as may be required to control street traffic in
the interest of public safety and general welfare,
B, Internal circulation of the lot shall be so designed as to minimize in-and-out driving time, idling
time and time spent looking for a parking space.
C. 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 twenty feet with a three-foot minimum width sidewalk adjoining the building and curbed or
raised six inches above the driveway surface.
D. Parking areas shall include landscaping as required by this chapter or by Chapter 17.80,
17.24.170 Stormwater runoff. All stormwater runoff shall be retained, treated and disposed of on site
or disposed of in a system designed for such runoff and which does not flood or damage adjacent
properties, Systems designed for runoff retention and control shall comply with specifications provided
by the city and shall be subject to its review and approval, and shall, moreover, comply with Chapter 5
of the Yelm Development Guidelines, Drainage Design and Erosion Control Standards for the City of
Yelm.
17.24 - 5
Chapter 17.26
COMMERCIAL ZONE
(C-l)
Sections:
17.26.010 Purpose
17,26.020 General requirements
17.26.030 Permitted uses
17.26.035 Prohibited uses
17.26,040 Special uses
17.26.050 Environmental performance standards
17.26.060 Site/building area
17.26.070 Building location
17.26.090 Public right of way
17,26.100 Ingress and egress
17,26,11 0 Off-street parking
17.26.115 Parking area and circulation design
17.26.120 Height
17 .26.130 Landscaping
17,26.140 S tormwater runoff
17.26.010 Purpose. In furtherance of the comprehensive plan, this 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.
17.26.020 General requirements. The following uses only are permitted as hereinafter specifically
provided and allowed by this chapter subject to the off-street parking requirements set forth in Chapter
17.72 and the general provisions and exceptions set forth in this title.
17.26.030 Permitted uses,
A. Uses permitted outright are as follows:
1. All uses permitted in the R-lO district subject to the least restrictive applicable standards and
conditions;
2. Antique shops;
3. Appliance stores;
4. Auction house/barn, excluding auction house/barn for vehicles or livestock;
5. Automobile laundry (including as an accessory use to a service station) based either upon a
totally-manual or fully-automatic process capable of servicing not more than two vehicles
simultaneously;
6. Automobile sales, minor;
7. Automobile supply stores;
8. Automotive repair station, minor;
9. Bakeries (retail only);
10. Banks, savings and loan a-ssociations and credit unions;
11 Barber shops and beauty shops;
12, Billiard hall and pool hall, provided such uses not be permitted to locate within five hundred
feet of the exterior boundary line of any public school grounds measured along the most
17.26 - 1
direct route over or across established public walks, streets or other public passageway to the
nearest public entrance of the premises provided for license;
13. Blueprinting and photostating;
14, Books and stationery, video and art supply stores;
15. Bowling alleys;
16. Building, hardware and garden materials;
17, Bulk retail stores;
18. Business and professional offices;
19. Clothes cleaning agency;
20. Confectionery stores;
21. Conservatories of music, drama and instrument instruction;
22. Convenience food markets;
23. Delicatessen stores;
24. Department stores;
25. Drug stores;
26. Dry cleaners, laundries, automatic or nonautomatic, doing retail piece work and using
noncombustible materials, provided not more than ten persons are employed at anyone time
and with building facilities containing not more than five thousand square feet in gross area;
27. Fabric stores;
28. Flea market when in an enclosed building;
29. Florist;
30. Food stores and drug (variety) stores;
31. Galleries, art or museum;
32. Garages for minor automobile repair;
33. Garden supply shops, including plants in pots and containers;
34. Gasoline service stations;
35, Gymnasium, public or commercial or physical culture studios;
36. Hobby, toy and game stores;
37. Home furnishings sales and/or service;
38. Hotels/motels;
39. Hospitals;
40. Ice, packages and storage retail dispensing not exceeding five-ton capacity;
41. Jewelry stores;
42. Laundries, automatic;
43. Liquor stores, off-sale, provided such uses not be permitted to locate within five hundred feet
of the exterior boundary property line of any public school grounds measured along the most
17.26-2
direct route over or across established public walks, streets or other public passageway to the
nearest public entrance of the premises provided for license;
44. Locksmiths;
45, Millinery shops;
46, Mobile home parks and subdivisions, minimum 100 units and 6 units per acre in accordance
with Chapter 17.63;
47. Mortuaries;
48. Musical instrument manufacturing with associated retail;
49. Newsstands;
50. On-site treatment and storage facilities for hazardous waste, subject to the state siting criteria
adopted pursuant to the requirements of Chapter 70.105 RCW;
51. Parking lots, provided any area so used shall be improved and maintained in the manner
required by Chapter 17.72 and provided further that any such area shall not be used for a
vehicle, trailer or boat sales area or for the accessory storage of such vehicles;
52. Personal services;
53. Pet shops and hospitals;
54. Photographic, electronic and video stores;
55, Post office branch;
56. Printing establishments except for newspaper letter presses;
57. Radio and television retail and repair shops;
58. Restaurants, cafeterias including drive-through (car service), and restaurants including
cocktail lounges;
59. Secondhand store;
60. Sporting goods and related stores;
61. Stationery and book store, including incidental printing;
62. Studios, such as record recording, couturier, artist, music, dancing and photographic;
63. Swimming pools (commercial);
64. Tailor shops and wearing apparel shops;
65. Taverns, provided such use shall not be permitted within five hundred feet of the exterior
boundary property line of any public school grounds, public park or public playground;
66. Theaters, when within an enclosed building;
67. Tool sales and rental;
68. Trade schools;
69. Veterinary clinics and hospitals;
B. Similar or related uses permitted as follows:
1. Other unlisted, similar or related uses, and criteria for determination of similarity or
relatedness, as follows:
17.26 - 3
a. Uses similar to, or related to, those listed in subsection 17,26.030(A) are permitted upon a
finding of the approval authority and/or the site plan review committee that a particular
unlisted use does not conflict with the intent of this chapter or the policies of the Yelm
development plan.
b. The criteria for such finding of similarity shall include but not be limited to the following:
(1) That the proposed use is appropriate in this district,
(2) That the development guidelines for permitted uses can be met by the proposed use,
(3) That the public need is served by the proposed use.
17.26.035 Prohibited uses. Automobile sales, major is a prohibited use in this zone.
17.26.040 Special uses.
A. Outdoor flea market and farmer's market are special uses allowed under Chapter 17.66, subject to
the following conditions:
1, No more than four per year per location;
2. Not more than three days at a time;
3. Not to cause a public hazard relating to traffic, sanitation, etc.
17.26.050 Environmental perfonnance standards. It shall be the responsibility of the operator and/or
the proprietor of any permitted use to provide such evidence and technical data as the approval authority
may require to demonstrate that the use or activity is or will be in compliance with the environmental
performance standards of Chapter 17.57 of this title. Failure of the approval authority to require such
information shall not be construed as relieving the operator and/or the proprietor from compliance with
the environmental performance standards of this title.
17.26.060 Site/building area. The size and shape of sites shall be as follows:
A, Minimum size of any parcel to be developed in this district shall be five thousand square feet.
B. Twenty-five percent (25 %) 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.
17.26.070 Building location. Location of buildings or structures on site, if adjacent parcels are in same
zoning district or in another commercial or industrial district, shall be as follows:
A, Setbacks from side property lines: ten feet;
B. Setbacks from rear property lines: twenty feet;
C. Setbacks from front property lines shall be in accordance with Section 17.26.090,
17.26.090 Public right of way. Setbacks from public right-of-ways shall comply with the requirements
of Chapter 17.72 of this title.
17.26.100 Ingress and egress. Ingress and egress at the site shall be consistent with the Yelm
Development Guidelines 4B.140.
17.26.110 Off-street parking.
A. The provisions of Chapter 17.72 shall apply.
B. The minimum parking requirements specified in this section may be adjusted in the site plan review
process under the following conditions: when in their opinion an adjustment will be in accord with
the purposes of this code, and will not create an adverse impact on existing or potential uses
adjoining the subject property, or in the general vicinity of the subject property. The following
factors shall be considered in the determination of such impacts and such adjustments:
17,26 - 4
1. Two or more uses may share a parking area or garage if:
a. The total number of parking spaces provided is at least equal to the sum of the minimum
number of spaces required for each use; or
b. The uses are operating during different hours and the number of parking spaces is at least
equal to the minimum number of spaces required for all uses operating at the same time, and
no greater than the maximum number of spaces permitted for all uses operating at the same
time.
2. Where adjoining parking facilities of two or more ownerships are developed and designed
as one parking facility, a reduction of up to fifteen percent of the total combined required
parking spaces may be permitted,
3. 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.
Alternative programs that may be considered by the approval authority and/or site plan review
committee under this section include, but are not limited to the following:
a. Private vanpool operation;
b. Transit/vanpool fare subsidy;
c. Imposition and maintenance of a charge for parking;
d. Provision of subscription bus services;
e. Flexible work hour schedule;
f. Capital improvements for transit services;
g. Preferential parking for carpools/vanpools;
h. Participation in the ride-matching program;
1. Reduction of parking fees for carpools and vanpools;
J. Establishment of a transportation coordinator position to implement carpool, vanpool and
transit programs;
k. Bicycle parking facilities.
C. Off-street parking requirements for uses similar or related to, or any use not specifically listed in
the Yelm Development Guidelines, Section 4, Transportation, Table 1, shall be determined by the
approval authority and/or site plan review committee after consultation with the director of public
works 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,
D. Parking spaces may be designed and constructed for up to twenty-five percent of the required
number for compact size cars. An applicant must clearly identify all spaces designed and
constructed for compact car use. The approval authority and/or site plan review committee may
approve the design and designation of more than twenty-five percent of the spaces for use by
compact cars if the applicant demonstrates that no adverse impact will result.
E. Parking areas or garages shall be designed to provide for off-street vehicle circulation to adjoining
property and parking areas where physically feasible, except that driveways and parking aisles
should not cross pedestrian linkages in C-1 land use districts.
17.26 - 5
F, Convenient, marked pedestrian access shall be provided from parking areas to pedestrian linkage
systems and from parking areas to principal uses,
G. An owner/developer may install the required parking spaces in phases if a phased schedule has been
approved by the approval authority and/or site plan review committee, This schedule must
specifically indicate when the minimum parking requirements of Section 17.24.140 will be
provided. The approval authority and/or site plan review committee may permit the use of
temporary parking areas with appropriate screening as part of a phasing schedule. In addition, the
approval authority and/or site plan review committee may require a performance assurance device
to insure conformance with the requirements and intent of Section 17,24.140.
17.26.115 Parking area and circulation design.
A. The city public works department or approval authority shall have the authority to fix the location,
width and manner of approach of vehicular ingress or egress from a building or parking area to a
public street and to alter existing ingress and egress as may be required to control street traffic in
the interest of public safety and general welfare.
B. Internal circulation of the lot shall be so designed as to minimize in-and-out driving time, idling
time and time spent looking for a parking space.
C. 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 twenty feet with a three-foot minimum width sidewalk adjoining the building and curbed or
raised six inches above the driveway surface.
D. Parking areas shall include landscaping as required by this chapter or by Chapter 17.80.
17.26.120 Height. Maximum height of buildings shall be forty feet.
17.26.130 Landscaping.
A. Landscaping shall be provided according to Chapter 17.80 and the provisions of this Section
17.26.130 are supplemental thereto.
B, Parcels or lots which share a common boundary with properties in a residential or open
space/institutional district shall, in addition to the rear or side setbacks required in Section
17.26.070, provide a ten-foot strip for landscaping along said common boundary.
C. Refuse.
1. Refuse container screening shall be required and be of a material and design compatible with
the overall architectural theme of the associated structure, shall be at least as high as the
refuse container, and shall in no case be less than six feet high.
2. No refuse container shall be permitted between a street and the front of a building,
3. Refuse collection areas shall be designed to contain all refuse generated on site and deposited
between collections. Deposited refuse shall not be visible from outside the refuse enclosure.
17.26.140 Stormwater runoff. All stormwater runoff shall be retained, treated and disposed of on site
or disposed of in a system designed for such runoff and which does not flood or damage adjacent
properties. Systems designed for runoff retention and control shall comply with specifications provided
by the city and shall be subject to its review and approval, and shall, moreover, comply with Chapter 5
of the Yelm Development Guidelines, Drainage Design and Erosion Control Standards for the City of
Yelm.
17.26 - 6
Chapter 17.27
HEAVY COMMERCIAL ZONE
(C-2)
Sections:
17.27.010 Intent
17.27.020 Permitted uses
17.27.030 Prohibited uses
17.27.040 Environmental performance standards
17.27.050 Site area
17.27,060 Building location
17.27.080 Public right-of-way
17,27.090 Ingress and egress
17.27.100 Off-street parking
17.27.105 Parking area and circulation design
17.27.110 Height
17.27.120 Landscaping
17.27.130 Stormwater runoff
17.27.010 Intent. It is the intent of this chapter to:
A. Permit, in designated areas, commercial uses and activities which depend more heavily on
convenient vehicular access than pedestrian access, and which do not require locations in other
commercial districts, or which may be inappropriate in other commercial districts;
B. Limit location of heavy commercial areas to sites having safe and efficient access to major
transportation routes;
C. Identify the types of commercial uses appropriate or acceptable in the heavy commercial zone;
D. Provide development guidelines to enhance the efficient operation of these districts, and to achieve
minimum adverse impact on the community as a whole, especially on adjacent properties having
different land use characteristics.
17.27.020 Pennitted uses.
A. Specific types of uses permitted in this district are those commercial activities which are more
dependent on direct vehicular access than the activities permitted in other districts, including the
following:
1. Retail and Commercial establishments such as:
a. Food stores and drug (variety) stores;
b. Building, hardware and garden materials;
c, Auto supply stores;
d. Gasoline service stations;
e, Liquor stores;
f. Used good retail stores;
g. Sporting goods and related stores;
h. Books and stationery, video and art supply stores;
i. Hobby toy and game shops;
J. Photographic, electronics and video stores;
17.27 - 1
k, Fabric stores;
1. Florists;
m. Pet shops and hospitals;
n. Bulk retail stores;
0, Personal services;
p. Professional and business services;
q. Banks and financial offices;
r. Greenhouses and garden materials;
s. Horticultural and nurseries;
t. Auction house/barn, including auction house/barn for vehicles or livestock;
u. Car washes and service stations (minor and major);
v. Other similar retail, professional and business uses as approved by the site plan review
committee.
2. Sales and/or servicing of:
a. Appliances and home furnishings,
b. Automobiles, major and minor,
c. Boats and marine equipment,
d. Building materials, including plumbing, electrical, etc.,
e. Campers, mobile homes and trailers,
g.
3.
f. Farm equipment and supplies,
Laundry and dry cleaning equipment, both commercial and self-service;
Eating and drinking places, including drive-throughs;
4. Commercial recreation, such as:
a. Personal amusement or recreation establishments such as those featuring mechanical or
electronic games, games of skill such as billiards, bowling, table tennis and the like, and
b. Drive-in theaters;
5. Recycling centers for the collection and temporary storage of materials; provided, that the
storage and collection operation is conducted within an enclosed building having a maximum
gross floor area of four thousand square feet. All recycling centers must be reviewed and
approved prior to operation by the site plan review committee;
6, Recreational vehicle parks subject to the following standards:
a, The minimum lot size requirement shall be two acres, and a minimum recreational vehicle
site of one thousand square feet in area,
b. No structure or recreational vehicle site shall be closer than twenty-five feet to any property
line. The area created by such setback shall be used for landscaping to screen the recreational
vehicles from adjoining properties,
c. 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,
17.27 - 2
d. Facilities for storage and disposal of trash and garbage in a sanitary manner shall be provided
in each park;
7. Child day care centers as provided in Chapter 17.65;
8. Distributive business establishments such as wholesaling, warehousing, including for
example:
a. Mail order warehouses,
b. Automotive parts wholesalers,
c. Hotels and motels,
d. Recreational vehicle facilities and transient guest facilities in conjunction with hotels and
motels;
9. Neighborhood commercial development as provided in Chapter 17.36.
B. Other unlisted, similar or related uses, and criteria for determination of similarity or relatedness,
as follows:
1. Uses similar to, or related to, those listed in subsection 17.27.020(A) are permitted upon a
finding of the approval authority and/or the site plan review committee that a particular
unlisted use does not conflict with the intent of this chapter or the policies of the Yelm
development plan.
2. The criteria for such finding of similarity shall include but not be limited to the following:
a. That the proposed use is appropriate in this district,
b. That the development guidelines for permitted uses can be met by the proposed use,
c. That the public need is served by the proposed use.
C. Special uses may be permitted as provided for in Chapter 17,66 of this title.
D. On-site hazardous waste treatment and storage facilities as an accessory use to any aCtIVIty
generating hazardous waste and lawfully allowed in this zone; provided that such facilities meet the
state siting criteria adopted pursuant to the requirements of RCW 70.105.210.
17.27.030 Prohibited uses. Uses other than those identified or described in Section 17.27.020 of this
chapter are prohibited, including but not limited to:
A. Auto wrecking yards including junk, scrap metal and other material salvage operations, with the
exception of recycling centers which are permitted as provided for in Section 17.27.020;
B. Storage of explosives or materials of such character or in such quantities as to constitute a
significantly greater hazard to persons, property or environmental health than that posed by
materials commonly used or stored in the ordinary retail and service establishments permitted in
this district.
17.27.040 Environmental performance standards.
A. It shall be the responsibility of the operator and/or the proprietor of any permitted use to provide
such evidence and technical data as the approval authority may require to demonstrate that the use
or activity is or will be in compliance with the environmental performance standards of Chapter
17.57 of this title. Failure of the approval authority to require such information shall not be
construed as relieving the operator and/or the proprietor from compliance with the environmental
performance standards of this title.
17.27.050 Site area. Minimum size of any parcel to be developed in this district shall be five thousand
square feet.
17.27 - 3
17.27.060 Building location. Location of buildings or structures on site, if adjacent parcels are in same
zoning district or in another commercial or industrial district, shall be as follows:
A. Setbacks from side property lines: ten feet;
B. Setbacks from rear property lines: twenty feet;
C. Setbacks from front property lines shall be in accordance with Section 17.27.080.
17.27.080 Public right-of-way. Setbacks from public right-of-way shall comply with the requirements
of Chapter 17.72 of this title.
17.27.090 Ingress and egress. Ingress and egress at the site shall be consistent with the Yelm
Development Guidelines 4B,140.
17.27.100 Off-street parking.
A. The provisions of Chapter 17.72 shall apply.
B. The minimum parking requirements specified in this section may be adjusted in the site plan review
process under the following conditions: when in their opinion an adjustment will be in accord with
the purposes of this code, and will not create an adverse impact on existing or potential uses
adjoining the subject property, or in the general vicinity of the subject property. The following
factors shall be considered in the determination of such impacts and such adjustments:
1. Two or more uses may share a parking area or garage if:
a. The total number of parking spaces provided is at least equal to the sum of the minimum
number of spaces required for each use; or
b, The uses are operating during different hours and the number of parking spaces is at least
equal to the minimum number of spaces required for all uses operating at the same time, and
no greater than the maximum number of spaces permitted for all uses operating at the same
time.
2. Where adjoining parking facilities of two or more ownerships are developed and designed
as one parking facility, a reduction of up to fifteen percent of the total combined required
parking spaces may be permitted.
3. 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,
Alternative programs that may be considered by the approval authority and/or site plan review
committee under this section include, but are not limited to the following:
a. Private vanpool operation;
b. Transit/vanpool fare subsidy;
c. Imposition and maintenance of a charge for parking;
d. Provision of subscription bus services;
e. Flexible work hour schedule;
f. Capital improvements for transit services;
g. Preferential parking for carpools/vanpools;
h. Participation in the ride-matching program;
1. Reduction of parking fees for carpools and vanpools;
17,27 - 4
j, Establishment of a transportation coordinator position to implement carpool, vanpool and
transit programs;
k. Bicycle parking facilities.
C, Off-street parking requirements for uses similar or related to, or any use not specifically listed in
the Yelm Development Guidelines, Section 4, Transportation, Table 1, shall be determined by the
approval authority and/or site plan review committee after consultation with the director of public
works 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 appropriat~ for the establishment of minimum and maximum parking
requirements.
D, Parking spaces may be designed and constructed for up to twenty-five percent of the required
number for compact size cars. An applicant must clearly identify all spaces designed and
constructed for compact car use, The approval authority and/or site plan review committee may
approve the design and designation of more than twenty-five percent of the spaces for use by
compact cars if the applicant demonstrates that no adverse impact will result.
E, Parking areas or garages shall be designed to provide for off-street vehicle circulation to adjoining
property and parking areas where physically feasible, except that driveways and parking aisles
should not cross pedestrian linkages in C-2 land use districts,
F. Convenient, marked pedestrian access shall be provided from parking areas to pedestrian linkage
systems and from parking areas to principal uses.
G. An owner/developer may install the required parking spaces in phases if a phased schedule has been
approved by the approval authority and/or site plan review committee. This schedule must
specifically indicate when the minimum parking requirements of Section 17.24.140 will be
provided, The approval authority and/or site plan review committee may permit the use of
temporary parking areas with appropriate screening as part of a phasing schedule. In addition, the
approval authority and/or site plan review committee may require a performance assurance device
to insure conformance with the requirements and intent of Section 17.24.140.
17.27.105 Parking area and circulation design.
A. The city public works department or approval authority shall have the authority to fix the location,
width and manner of approach of vehicular ingress or egress from a building or parking area to a
public street and to alter existing ingress and egress as may be required to control street traffic in
the interest of public safety and general welfare.
B. Internal circulation of the lot shall be so designed as to minimize in-and-out driving time, idling
time and time spent looking for a parking space.
C. 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 twenty feet with a three-foot minimum width sidewalk adjoining the building and curbed or
raised six inches above the driveway surface.
D. Parking areas shall include landscaping as required by this chapter or by Chapter 17.80.
17.27.110 Height. Maximum height of buildings shall be forty feet.
17.27.120 Landscaping.
A. Landscaping shall be provided according to Chapter 17.80 and the provisions of this Section
17.27.120 are supplemental thereto.
17.27-5
B. Parcels or lots which share a common boundary with properties in a residential or open
space/institutional district shall, in addition to the rear or side setbacks required in Section
17.27.060, provide a ten-foot strip for landscaping along said common boundary.
C. Refuse.
1. Refuse container screening shall be required and be of a material and design compatible with
the overall architectural theme of the associated structure, shall be at least as high as the
refuse container, and shall in no case be less than six feet high.
2. No refuse container shall be permitted between a street and the front of a building.
3. Refuse collection areas shall be designed to contain all refuse generated on site and deposited
between collections, Deposited refuse shall not be visible from outside the refuse enclosure,
17.27.130 Stonnwater runoff. All stormwater runoff shall be retained, treated and disposed of on site
or disposed of in a system designed for such runoff and which does not flood or damage adjacent
properties, Systems designed for runoff retention and control shall comply with specifications provided
by the city and shall be subject to its review and approval, and shall, moreover, comply with Chapter 5
of the Yelm Development Guidelines, Drainage Design and Erosion Control Standards for the City of
Yelm.
17.27-6
Chapter 17.28
LARGE LOT COMMERCIAL ZONE
(C-3)
Sections:
17,28.010 Intent
17.28,020 Permitted uses
17.28.030 Prohibited uses
17.28.040 Environmental performance standards
17.28.050 Site area
17.28,060 Building location
17.28.070 Ingress and egress
17.28.080 Off-street parking
17.28.082 Parking area and circulation design
17.28.085 Minimum floor area
17.28.090 Height
17.28.100 Landscaping
17.28.110 Stormwater runoff
17.28.010 Intent. It is the intent of this chapter to:
A. Provide for the location of the facilities and services needed by the traveling public;
B. Permit commercial uses and activities which depend more heavily on convenient vehicular access
than pedestrian access;
C. Limit location to sites having safe and efficient access to major transportation routes;
D. Identify the types of commercial uses appropriate or acceptable in the large lot commercial zone;
E. Provide development guidelines to enhance the efficient operation of these districts; and to achieve
minimum adverse impact on the community as a whole, especially on adjacent properties having
different land use characteristics.
17.28.020 Permitted uses.
A. Specific types of uses permitted in this district are those commercial activities that are permitted
outright in the commercial zone (C-l) and the heavy commercial zone (C-2).
B. Similar or related uses permitted and criteria for determination of similarity or relatedness, as
follows:
1. Uses similar to, or related to, those listed in subsection 17.28,020(A) are permitted upon a
finding of the approval authority and/or the site plan review committee that a particular
unlisted use does not conflict with the intent of this chapter or the policies of the Yelm
development plan;
2. The criteria for such finding of similarity shall include, but not be limited to, the following:
a, That the proposed use is appropriate in this district,
b. That the development guidelines for permitted uses can be met by the proposed use,
c. That the public need is served by the proposed use.
C. Special uses may be permitted as provided for in Chapter 17.66 of this title.
D. On-site hazardous waste treatment and storage facilities as an accessory use to any activIty
generating hazardous waste and lawfully allowed in this zone, provided that such facilities meet the
state siting criteria adopted pursuant to the requirements of RCW 70.105,210.
17.28 - 1
17.28.030 Prohibited uses. Uses other than those identified or described in Section 17.28.020 of this
chapter are prohibited, including but not limited to:
A. Auto wrecking yards including junk, scrap metal and other material salvage operations including
recycling centers;
B. Storage of explosives or materials of such character or in such quantities as to constitute a
significantly greater hazard to persons, property or environmental health than that posted by
materials commonly used or stored in the ordinary retail and service establishments permitted in
this district.
17.28.040 Environmental performance standards.
A. It shall be the responsibility of the operator and/or the proprietor of any permitted use to provide
such evidence and technical data as the approval authority may require to demonstrate that the use
or activity is or will be in compliance with the environmental performance standards of Chapter
17,57 of this title.
Failure of the approval authority to require such information shall not be construed as relieving the
operator and/or the proprietor from compliance with the environmental performance standards of
this title,
17.28.050 Site area. Minimum size of any parcel to be developed in this district shall be 10 acres.
17.28.060 Building location. Location of buildings or structures on site, if adjacent parcels are in the
same zoning district or in another commercial or industrial district, shall be as follows:
A. Setbacks from side property lines: fifteen feet;
B. Setbacks from rear property lines: fifteen feet;
C. Setbacks from front property lines: fifteen feet.
17.28.070 Ingress and egress. Ingress and egress at the site shall be limited to one driveway for each
two hundred feet of frontage. Where only one driveway serves a site, said driveway shall not be less than
twenty-five feet nor more than thirty-six feet wide. All driveways shall be not less than one hundred fifty
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.
17.28.080 Off-street parking.
A. The provisions of Chapter 17.72 shall apply,
B. The minimum parking requirements specified in this section may be adjusted in the site plan review
process under the following conditions: when in their opinion an adjustment will be in accord with
the purposes of this code, and will not create an adverse impact on existing or potential uses
adjoining the subject property, or in the general vicinity of the subject property. The following
factors shall be considered in the determination of such impacts and such adjustments:
1. Two or more uses may share a parking area or garage if:
a. The total number of parking spaces provided is at least equal to the sum of the minimum
number of spaces required for each use; or
b. The uses are operating during different hours and the number of parking spaces is at least
equal to the minimum number of spaces required for all uses operating at the same time, and
no greater than the maximum number of spaces permitted for all uses operating at the same
time.
2. Where adjoining parking facilities of two or more ownerships are developed and designed
as one parking facility, a reduction of up to fifteen percent of the total combined required
parking spaces may be permitted.
17.28-2
3, 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.
Alternative programs that may be considered by the approval authority and/or site plan review
committee under this section include, but are not limited to the following:
a. Private vanpool operation;
b. Transit/vanpool fare subsidy;
c. Imposition and maintenance of a charge for parking;
d. Provision of subscription bus services;
e. Flexible work hour schedule;
f. Capital improvements for transit services;
g, Preferential parking for carpools/vanpools;
h, Participation in the ride-matching program;
i. Reduction of parking fees for carpools and vanpools;
J. Establishment of a transportation coordinator position to implement carpool, vanpool and
transit programs;
k. Bicycle parking facilities.
C. Off-street parking requirements for uses similar or related to, or any use not specifically listed in
the Yelm Development Guidelines, Section 4, Transportation, Table 1, shall be determined by the
approval authority and/or site plan review committee after consultation with the director of public
works 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.
D. Parking spaces may be designed and constructed for up to twenty-five percent of the required
number for compact size cars. An applicant must clearly identify all spaces designed and
constructed for compact car use. The approval authority and/or site plan review committee may
approve the design and designation of more than twenty-five percent of the spaces for use by
compact cars if the applicant demonstrates that no adverse impact will result.
E. Parking areas or garages shall be designed to provide for off-street vehicle circulation to adjoining
property and parking areas where physically feasible, except that driveways and parking aisles
should not cross pedestrian linkages in C-3 land use districts.
F. Convenient, marked pedestrian access shall be provided from parking areas to pedestrian linkage
systems and from parking areas to principal uses.
G. An owner/developer may install the required parking spaces in phases if a phased schedule has been
approved by the approval authority and/or site plan review committee, This schedule must
specifically indicate when the minimum parking requirements of Section 17.24.140 will be
provided. The approval authority and/or site plan review committee may permit the use of
temporary parking areas with appropriate screening as part of a phasing schedule. In addition, the
approval authority and/or site plan review committee may require a performance assurance device
to insure conformance with the requirements and intent of Section 17.24.140.
17.28 - 3
17.28.082 Parking area and circulation design.
A, The city public works department or approval authority shall have the authority to fix the location,
width and manner of approach of vehicular ingress or egress from a building or parking area to a
public street and to alter existing ingress and egress as may be required to control street traffic in
the interest of public safety and general welfare.
B. Internal circulation of the lot shall be so designed as to minimize in-and-out driving time, idling
time and time spent looking for a parking space,
C. 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 twenty feet with a three-foot minimum width sidewalk adjoining the building and curbed or
raised six inches above the driveway surface.
D. Parking areas shall include landscaping as required by this chapter or by Chapter 17.80.
17.28.085 Minimum floor area. Minimum 100,000 square feet of gross floor area per structure.
17.28.090 Height. Maximum height of buildings shall be fifty-five feet.
17.28.100 Landscaping.
A, Landscaping shall be provided according to Chapter 17.80 and the provisions of this Section
17.28.100 are supplemental thereto,
B, Parcels or lots which share a common boundary with properties in a residential or open
space/institutional district shall, in addition to the rear or side setbacks required in Section
17.28.060, provide a ten-foot strip for landscaping along said common boundary.
C. Refuse.
1, Refuse container screening shall be required and be of a material and design compatible with
the overall architectural theme of the associated structure, shall be at least as high as the
refuse container, and shall in no case be less than six feet high.
2. No refuse container shall be permitted between a street and the front of a building.
3. Refuse collection areas shall be designed to contain all refuse generated on site and deposited
between collections. Deposited refuse shall not be visible from outside the refuse enclosure.
17.28.110 Stonnwater runoff. All stormwater runoff shall be retained, treated and disposed of on site
or disposed of in a system designed for such runoff and which does not flood or damage adjacent
properties, Systems designed for runoff retention and control shall comply with specifications provided
by the city and shall be subject to its review and approval, and shall, moreover, comply with Chapter 5
of the Yelm Development Guidelines, Drainage Design and Erosion Control Standards for the City of
Yelm.
17.28 - 4
Chapter 17.36
NEIGHBORHOOD COMMERCIAL DEVELOPMENT
Sections:
17.36.010 Intent
17.36.015 Where permitted
17,36.020 Permitted uses
17,36.025 Prohibited uses
17.36.027 Neighborhood commercial development superimposed
17.36.030 Environmental performance standards
17,36.040 Site area
17,36.050 Building size
17.36.060 Public right-of-way--Ingress, egress
17.36.070 Off-street parking
17,36,080 Landscaping
17.36.090 Stormwater runoff
17.36.010 Intent. It is the intent of this chapter to:
A. Provide the opportunity for the development of small commercial facilities in residential areas
catering to the day-to-day needs of consumers for a limited range of convenience goods and
serVIces;
B. Limit such commercial facilities as to size of site, bulk of structures and to such locations as to
serve a relatively large number of persons in a relatively small geographic area. To that end,
pedestrian accessibility shall be a major criterion in the location of neighborhood commercial
facilities;
C, Limit such development to areas where local economic demand, local citizen acceptance and
appropriate design solutions assure compatibility with the neighborhood.
17.36.015 Where permitted. Neighborhood commercial developments may be permitted in the following
zones:
A. Moderate-density residential district (R-6);
B. High-density residential district (R-I0);
C. Commercial (C-l);
D. Heavy commercial (C-2).
17.36.020 Permitted uses.
A. Convenience stores that sell food or drugs are permitted. Gasoline may be sold in conjunction with
a convenience store,
B. Beauty and barber shops.
C. Child day care centers as provided in Chapter 17.65.
17.36.025 Prohibited uses. Uses other than those identified or described in Section 17.36.020 in this
chapter are prohibited.
17.36.027 Neighborhood commercial development superimposed. Final approval of a neighborhood
commercial development superimposes such neighborhood commercial development on the underlying
zone regulations as an exception to the extent that such planned development shall modify and supersede
the regulations of the underlying zone.
17.36 - 1
17.36.030 Environmental perfonnance standards.
A. Compliance, It shall be the responsibility of the operator and/or the proprietor of any permitted use
to provide such reasonable evidence and technical data as the approval authority may require to
demonstrate that the use or activity is or will be in compliance with the environmental performance
standards of Chapter 17.57 of this title, Failure of the approval authority to require such
information shall not be construed as relieving the operator and/or the proprietor from compliance
with the environmental performance standards of this title.
B. General Character. Developments in this district shall be characterized by small buildings, moderate
lighting, quiet operations and little or no night activity. Operating hours shall be limited to the hours
between 6:00 a,m. and 11:00 p.m.
C, Location. Neighborhood commercial developments shall not be located within less than a one-half
mile radius from another neighborhood commercial developments or any other commercial district
providing similar services or facilities.
D. Storage. Outside storage shall comply with the requirements of Chapter 17.57 of this title.
17.36.040 Site area. Minimum lot size: same as the underlying zone,
17.36.050 Building size. The size of buildings shall be as follows:
A. Maximum gross floor area of building for single use: three thousand square feet, unless maximum
building coverage of lots permits less;
B. Maximum gross floor area of building for combination use: six thousand square feet;
C, Maximum development coverage: sixty percent;
D. Maximum building height: thirty-five feet;
E, Setbacks to residential properties:
1. Front, twenty feet,
2, Rear, thirty feet,
3, Side, twenty feet.
F. Setbacks to all other properties are according to the underlying zone.
17.36.060 Public right-of-way--Ingress, egress.
A, Relationship to Public Right-of-way. Land classified in this district shall be located on an arterial
or on a collector, consistent with Yelm Development Guidelines.
B. Ingress and Egress. Access to a site which is a corner lot shall be limited to one driveway on each
of the intersecting streets. Access to a site which is an interior lot shall be limited to one driveway
unless the site plan review committee approves two driveways, one for entering and one for leaving
the site,
17.36.070 Off-street parking. Off-street parking shall be provided according to Chapter 17.72 and the
provisions of this Section 17.36.070 are supplemental thereto.
A. Minimum of two off-street parking space for each five hundred square feet of gross floor area shall
be provided.
B. Parking spaces may be used for loading zones in this district, provided that loading operations shall
not obstruct driveways.
C. Buildings and parking spaces are to be so arranged as to make it unnecessary for vehicles to back
out into the public right-of-way.
17.36-2
D. Lighting standards to comply with Yelm Development Guidelines, Chapter 4E,
17.36.080 Landscaping.
A. Landscaping shall be provided according to Chapter 17.80 and the provisions of this Section
17,36.080 are supplemental thereto.
B. Parcels or lots which share a common boundary with properties in a residential or open
space/institutional district shall, in addition to the rear or side setbacks required in Section
17,36.050(E), provide a ten-foot strip for landscaping along said common boundary.
C. Refuse.
1. Refuse container screening shall be required and be of a material and design compatible with
the overall architectural theme of the associated structure, shall be at least as high as the
refuse container, and shall in no case be less than six feet high.
2. No refuse container shall be permitted between a street and the front of a building.
3, Refuse collection areas shall be designed to contain all refuse generated on site and deposited
between collections. Deposited refuse shall not be visible from outside the refuse enclosure.
17.36.090 Stonnwater runoff. All stormwater runoff shall be retained, treated and disposed of on site
or disposed of in a system designed for such runoff and which does not flood or damage adjacent
properties. Systems designed for runoff retention and control shall comply with specifications provided
by the city and shall be subject to its review and approval, and shall, moreover, comply with Chapter 5
of the Yelm Development Guidelines, Drainage Design and Erosion Control Standards for the City of
Yelm.
17.36 - 3
Chapter 17.39
INDUSTRIALIW AREHOUSE DISTRICT (l/W)
Sections:
17.39.010 Intent
17.39.020 Permitted uses
17.39,030 Prohibited uses
17,39.040 Environmental performance standards
17.39.050 Site requirements
17.39.060 Building allowance
17.39.070 Off-street parking
17.39.080 Landscaping
17.39.090 Stormwater runoff
17.39.010 Intent. It is the intent of this chapter to:
A. Provide for the development of areas in which certain types of industrial activities may be located;
B. Permit in the same areas such commercial uses as may be compatible with the industrial activities;
C. Protect industrial/commercial areas from other uses which may interfere with the purpose and
efficient functioning of said areas;
D. Protect living areas from adverse or damaging impact of any kind emanating or resulting from
activities in the industrial/commercial areas;
E. Provide criteria for the location and standards for the development of said areas.
17.39.020 Pennitted uses.
A. Specific types of uses permitted in the industrial/warehouse district are those which are fully
enclosed to ensure noise protection of adjacent uses and include:
1. Industrial activities involving the manufacture, repair, servicing or sale of goods or products
which can be performed with minimal adverse impact on, and pose no special hazard to, the
environment and the community;
2, Such goods or products may include, but are not limited to:
a. Mechanical, automotive, marine and contractors' or builders' equipment and supplies,
b. Electrical and electronic equipment or products,
c. Warehousing and storage of equipment, commodities and products.
B. Similar, related or compatible uses permitted, and criteria for determination of similarity,
relatedness or compatibility, include:
1. Uses similar to, or related to, or compatible with those listed or described in subsection
17.39.020(A) are permitted upon a finding by the approval authority and/or the site plan
review committee that a proposed use does not conflict with the intent of this chapter or the
policies of the Yelm development plan,
2. The criteria for such finding of similarity, etc" shall include but not be limited to the
following:
a, The proposed use is appropriate in this area,
b. The development guidelines for permitted uses can be met by the proposed use,
c, The public need is served by the proposed use.
3. Commercial uses or activities which complement the permitted uses such as:
17.39 - 1
a. Service stations,
b. Hardware stores.
4. 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.
5. Public buildings and uses, including shops and public safety facilities,
C. On-site hazardous waste treatment and storage facilities as an accessory use to any activity
generating hazardous waste and lawfully allowed in this zone, provided that such facilities meet the
state siting criteria adopted pursuant to the requirements of RCW 70,105.210.
D. Special uses may be permitted as provided in Chapter 17.66.
17.39.030 Prohibited uses. Uses other than those identified or described in Section 17.39.020 are
prohibited, including but not limited to:
A. All uses or activities which would require extraordinary equipment, devices or technology for the
control of odors, dust, fumes, smoke, noise or other wastes and/or by-products which, if
uncontrolled, would contaminate the environment to a degree unacceptable by contemporary
community standards; or which would exceed the acceptable limits established by competent and
recognized public and quasi-public agencies for the protection of industrial and/or environmental
health.
B. Examples of prohibited uses are:
1. Animal slaughtering;
2. Care and/or sale of livestock, poultry or similar animals;
3. Storage, manufacture or sale of highly volatile or otherwise extremely hazardous substances
or materials.
17.39.040 Environmental performance standards. It shall be the responsibility of the operator and/or
the proprietor of any permitted use to provide such reasonable evidence and technical data as the approval
authority may require to demonstrate that the use or activity is or will be in compliance with the
environmental performance standards of Chapter 17.57 of this title.
17.39.050 Site requirements. Minimum site requirements shall be as follows:
A. Lot area: ten thousand square feet;
B. Lot width: one hundred feet;
C. Side yard setback: fifteen feet unless the property abuts residentially zoned property, in which case
the side yard setback shall be twenty-five feet;
D. Rear yard setback: fifteen feet unless the property abuts residentially zoned property, in which case
the rear yard setback shall be twenty-five feet;
E. Front yard setback: as required in Chapter 17,72.
17.39.060 Building allowance. Maximum building allowance shall be as follows:
A. Development coverage: eighty-five percent of site;
B. Height: forty feet maximum.
17.39.070 Off-street parking. Off-street parking shall be provided in accordance with Chapter 17.72 of
this title,
17,39 - 2
17.39.080 Landscaping.
A, Landscaping shall be provided according to Chapter 17,80 and the provisions of this Section
17.39.080 are supplemental thereto.
B, Parcels or lots which share a common boundary with properties in a residential or open
space/institutional district shall, in addition to the rear or side setbacks required in Section
17.39,050, provide a ten-foot strip for landscaping along said common boundary.
C. Refuse.
1. Refuse container screening shall be required and be of a material and design compatible with
the overall architectural theme of the associated structure, shall be at least as high as the
refuse container, and shall in no case be less than six feet high,
2, No refuse container shall be permitted between a street and the front of a building.
3. Refuse collection areas shall be designed to contain all refuse generated on site and deposited
between collections, Deposited refuse shall not be visible from outside the refuse enclosure,
17.39.090 Stonnwater runoff. All stormwater runoff shall be retained, treated and disposed of on site
or disposed of in a system designed for such runoff and which does not flood or damage adjacent
properties, Systems designed for runoff retention and control shall comply with specifications provided
by the city and shall be subject to its review and approval, and shall, moreover, comply with Chapter 5
of the Yelm Development Guidelines, Drainage Design and Erosion Control Standards for the City of
Yelm,
17.39-3
Chapter 17.40
INDUSTRIAL DISTRICT (I)
Sections:
17 .40,010 Intent
17.40.020 Permitted uses
17.40.030 Prohibited uses
17.40.040 Environmental performance standards
17.40.050 Site requirements
17.40.060 Building allowance
17.40.070 Off-street parking
17.40,080 Landscaping
17.40.090 Stormwater runoff
17.40.010 Intent. It is the intent of this chapter to:
A. Provide for the development of areas in which certain types of industrial activities may be located;
B. Protect industrial areas from other uses which may interfere with the purpose and efficient
functioning of said areas;
C. Protect adjacent areas from adverse or damaging impact resulting from activities in the industrial
areas;
D. Provide criteria for the location and standards for the development of said areas.
17.40.020 Permitted uses.
A. Specific types permitted in the industrial district include:
1. All uses permitted outright in the Industrial/Warehouse Chapter 17.39.
2. Industrial activities involving the manufacture, assembly, repair, servicing of goods or
products.
Such goods or products may include, but are not limited to:
a. Mechanical, automotive, marine and contractors' or builders' equipment and supplies,
b. Concrete, cement, asphalt, building materials and supplies,
c. Electrical and electronic equipment or products;
3. Industrial activities involving the assembly of manufactured products, re-manufacturing/
recycling and processing of materials.
Such products may include, but are not limited to:
a. Wood products, including furniture,
b. Metal, cans, cable and pipe,
c, Plastics and synthetic materials,
d, Concrete products,
e. Cloth, paper,
f. Commercial bakery goods,
g. Cosmetics or other products for personal use,
h. Agricultural or dairy products,
1. Scientific, medical and precision instruments and equipment,
17.40 - 1
j. Livestock rendering facility,
k. Auto wrecking yards.
4. Other uses:
a. Power generation, distribution or supply,
b. Warehousing and storage of equipment, commodities and products,
c, Gas and petroleum processing or distribution,
d. Laundry and dry cleaning plants,
e, Care and/or sale of livestock;
5. Accessory uses clearly subordinate to, and an integral part of, the primary use of the
property (e.g., plant cafeteria, recreation area);
B. Similar or related uses permitted, and criteria for determination of similarity or relatedness as
follows:
1. Uses similar to, or related to, or compatible with those listed or described in subsection
17.40.020(A) are permitted upon a finding by the approval authority and/or the site plan
review committee that a proposed use does not conflict with the intent of this chapter or the
policies of the Yelm development plan;
2. The criteria for such finding of similarity, etc., shall include but not be limited to the
following:
a. The proposed use is appropriate in this area,
b. The development guidelines for permitted uses can be met by the proposed use,
c. The public need is served by the proposed use,
C. Special uses may be permitted as provided for in Chapter 17,66 of this title,
D. 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 RCW 70.105.210.
17.40.030 Prohibited uses. Uses other than those identified or described in Section 17.40,020 are
prohibited, including but not limited to:
A. All uses or activities which would require extraordinary equipment, devices or technology for the
control of odors, dust, fumes, smoke, noise or other wastes and/or by-products which, if
uncontrolled, would contaminate the environment to a degree unacceptable by contemporary
community standards; or which would exceed the acceptable limits established by competent and
recognized public and quasi-public agencies for the protection of industrial and/or environmental
health.
B. Examples of prohibited uses are:
1. Animal slaughtering;
2. Storage, manufacture or sale of highly volatile or otherwise extremely hazardous substances
or materials.
17.40.040 Environmental performance standards. It shall be the responsibility of the operator and/or
the proprietor of any permitted use to provide such reasonable evidence and technical data as the approval
authority may require to demonstrate that the use or activity is or will be in compliance with the
environmental performance standards of Chapter 17.57 of this title. In addition, any outside storage must
17.40 - 2
have sight-obscuring screening around the storage area. All stored materials shall not exceed the height
of the screening.
17.40.050 Site requirements. Minimum site requirements shall be as follows:
A. Lot area: ten thousand square feet;
B. Lot width: one hundred feet;
C. Side yard setback: fifteen feet unless the property abuts residentially zoned property, in which case
the side yard setback shall be twenty-five feet;
D. Rear yard setback: fifteen feet unless the property abuts residentially zoned property, in which case
the rear yard setback shall be twenty-five feet;
E. Front yard setback: as required in Chapter 17.72.
17.40.060 Building allowance. Maximum building allowance shall be as follows:
A. Development coverage: eighty-five percent of site;
B. Maximum building height: forty feet.
17.40.070 Off-street parking. Off-street parking shall be provided in accordance with Chapter 17.72 of
this title.
17.40.080 Landscaping.
A, Landscaping shall be provided according to Chapter 17.80 and the provisions of this Section
17.40.080 are supplemental thereto.
B. Parcels or lots which share a common boundary with properties in a residential or open
space/institutional district shall, in addition to the rear or side setbacks required in Section
17.406.050, provide a ten-foot strip for landscaping along said common boundary,
C. Refuse.
1. Refuse container screening shall be required and be of a material and design compatible with
the overall architectural theme of the associated structure, shall be at least as high as the
refuse container, and shall in no case be less than six feet high.
2. No refuse container shall be permitted between a street and the front of a building.
3. Refuse collection areas shall be designed to contain all refuse generated on site and deposited
between collections, Deposited refuse shall not be visible from outside the refuse enclosure.
17.40.090 Stonnwater runoff. All stormwater runoff shall be retained, treated and disposed of on site
or disposed of in a system designed for such runoff and which does not flood or damage adjacent
properties. Systems designed for runoff retention and control shall comply with specifications provided
by the city and shall be subject to its review and approval, and shall, moreover, comply with Chapter 5
of the Yelm Development Guidelines, Drainage Design and Erosion Control Standards for the City of
Yelm,
17.40 - 3
Chapter 17.45
MIXED USE PLANNED DEVELOPMENT
Sections:
17.45.010 Intent.
17.45.020 Where permitted,
17.45,030 Permitted uses.
17 .45.040 Mixed use planned development superimposed.
17.45,050 Exemptions from certain provisions.
17.45.060 Density standards and uses.
17.45.070 Relationship to adjacent areas.
17.45.080 Review and approval-Procedure.
17 .45.090 Minor and major adjustments.
17.45.010 Intent. The purpose of this chapter is to encourage imaginative design and the creation of open
space in development by permitting greater flexibility in zoning requirements than is permitted by other
chapters of this title. Toward that end, it is the further purpose of this chapter to:
A. Preserve or create environmental amenities superior to those generally found in conventional
developments;
B. Create or preserve usable open space for the enjoyment of the occupants;
C. Preserve to the greatest possible extent the natural characteristics of the land, including topography,
vegetation, waterways and views;
D. Encourage development of a variety of housing types;
E, Provide for maximum efficiency in the layout of streets, utility networks and other public
improvements;
F. Establish a method for utilizing potential zoned properties.
17.45.020 Where permitted. Mixed use planned developments may be permitted in the following zones:
A. Moderate-density residential district (R-6);
B. High-~ensity residential district (R-10);
C. Central business district (CBD);
D. Commercial (C-1);
E. Heavy commercial (C-2).
17.45.030 Pennitted uses. The following uses are permitted in a mixed use planned development:
A. Residential developments of all types, regardless of the type of building in which such residence
is located, i.e. single-family dwellings, townhouses, duplexes, fourplexes, apartment houses, mobile
homes, provided that all residences are intended for permanent occupancy by their owners or
tenants;
B. Accessory uses specifically designed to meet the needs of the facilities of a noncommercial nature;
C. Nonresidential mixed use planned development of commercial uses may be permitted as follows:
1. Neighborhood commercial uses, as provided in Chapter 17,36, in the moderate-density
residential district and high-density residential district.
2. Commercial uses as allowed in the underlying zone.
17.45.040 Mixed use planned development superimposed. Final approval of a mixed use planned
development superimposes such mixed use planned development on the underlying zone regulations as
17.45 - 1
an exception to the extent that such planned development shall modify and supersede the regulations of
the underlying zone.
17.45.050 Exemptions from certain provisions.
A, Minimum Lot. The minimum lot size provisions of other sections of this title are waived in the
mixed use planned development, The number of dwelling units per gross acre permitted in the
underlying zone shall serve as the criteria to determine basic density pursuant to Section
17.45.060(A).
B, Off-street Parking. Off-street parking shall be provided in mixed use planned development in the
same ratio for types of buildings and uses as required in Chapter 17.72.
C. A mixed use planned development shall be exempt from the lot standards of Title 16 of this code,
but other design standards shall be imposed in the mixed use planned development if such standards
are not in conflict with the purposes of this chapter, A mixed use planned development shall
specifically comply with the standards, if required, for sidewalks, underground wiring, utilities,
street width and curbs and gutters. Upon final approval, filing of the mixed use planned
development shall be in accordance with the procedures of Title 16 of this code if any lots are to
be sold.
17.45.060 Density standards and uses.
A. The basic density shall be the same as permitted by the underlying zone.
B. Density Increase. The city may approve an increase in the dwelling unit density of up to:
1. Twenty percent in the moderate-density district (R-6), rounded to the nearest whole number,
provided that three of the four following environmental and recreational amenities are met~
a. Develop and equip significant recreational areas within the common open space with such
features as, but not limited to, swimming pools, tennis courts, bike or pedestrian path
systems or children's play areas,
b. Substantial retention of natural ground cover, bushes and trees,
c, Landscape the on-site drainage retention facility as per Chapter 17.80 and link with
pedestrian path system for passive recreation,
d. Provide substantial and exceptional landscaping in excess of the requirements of Chapter
17.80 either in addition to or in lieu of natural landscaping.
2. Twenty-five percent in the high-density district (R-10), rounded to the nearest whole number,
provided that three of the four following environmental and recreational amenities are met:
a. Develop and equip significant recreational areas within the common open space with such
features as, but not limited to, swimming pools, tennis courts, bike or pedestrian path
systems or children's play areas,
b. Substantial retention of natural ground cover, bushes and trees,
c. Landscape the on-site drainage retention facility as per Chapter 17.80 and link with
pedestrian path system for passive recreation,
d. Provide substantial and exceptional landscaping in excess of the requirements of Chapter
17.80 either in addition to or in lieu of natural landscaping.
C. Where consistent with comprehensive plan guidelines, a mixed use project may include
nonresidential uses consistent with the specifications for neighborhood commercial developments.
17.45 - 2
17.45.070 Relationship to adjacent areas.
A. The design of the mixed use planned development shall take into account the relationship of the site
to the surrounding areas. The perimeter of the mixed use planned development shall be so designed
as to minimize undesirable impact of the mixed use planned development on adjacent properties
and, conversely, to minimize undesirable impact of adjacent land use and development
characteristics of the mixed use planned development.
B. Setbacks from the property line of the mixed use planned 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.
17.45.080 Review and approval-Procedure.
A. Who May Apply, Any owner or group of owners of contiguous property acting jointly may submit
an application for a mixed use planned development.
B, Preapplication Conference. Every property owner or developer who considers developing property
in accordance with this mixed use planned development chapter is required to confer with the city
staff regarding the provisions of this chapter as would pertain to the property under consideration.
This shall be done prior to submitting a formal application and prior to incurring obligations or
making binding commitments in the preparation of plans, surveys and other data necessary for the
processing of formal mixed use planned development application.
C. Application Procedures, The application and review procedure for a mixed use planned development
shall be the same as for an amendment of this title as provided in Chapter 17.96.
D. Documentation Required. In addition to the application requirements of Chapter 17.96, the
following documents are required:
1, A vicinity map drawn to a scale not smaller than one thousand feet to the inch, showing the
site in relation to its surrounding area, including streets, roads, streams or other bodies of
water; the development characteristics, zoning pattern of the area and a scale and north
arrow. Said vicinity map may be in sketch form but shall be drawn with sufficient accuracy
to reasonably orient the reader to the vicinity and to adequately convey the required
information.
2. A map or drawing of the site drawn to a scale acceptable to the building official (generally
one hundred feet to the inch) and said map or drawings shall show the following information:
a, Dimensions and names of streets bounding or touching the site;
b. Such existing or proposed features as streams or other bodies of water, rights-of-way,
easements and other physical or legal features which may affect or be affected by the
proposed development;
c. Existing and proposed topography at contour intervals not more than five feet;
d. Accurate legal descriptions of the property;
e. Existing and proposed structures of buildings, including the identification of types and
proposed use of said structures. All uses must be compatible with the major use;
f. Off-street parking and loading facilities;
g. Dimensions of the site, distances from property lines and space between structures;
h. Proposed routing of domestic water lines, storm drains, sanitary sewers and other utilities,
including storm drains, sanitary sewers and other utilities, including an identification of the
planned disposal runoff;
17.45 - 3
i. The building official may also require the developer to submit 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, A written statement providing the following information:
1. Program for development including staging or timing,
11. Proposed ownership pattern upon completion of development,
iii. Basic content of restrictive covenants, if any,
iv, Provision to assure permanence and maintenance of open space through means acceptable
to the city,
v. Statement of tabulation of number of persons to be employed, served or housed in the
proposed development,
VI. Statement describing the relationship of the proposed development to Yelm's
comprehensive land use plan,
vii. Statement indicating availability of existing or proposed sanitary sewers;
k. Land use and architectural guidelines to be used by the city and the association architectural
review authority to apply to future buildings.
17.45.090 Minor and major adjustments.
A, If minor adjustments are made following the adoption of the final development plan and approval,
such amendments shall be approved by the building official prior to the issuance of the building
permit. Minor amendments are those which may affect the precise dimensions or siting of buildings
approved in the final plan or the density of the development or open space provided.
B, Major adjustments are those which, as determined by the building official, substantially change the
basic design, density, open space uses or other similar requirements or provisions. Authorization
for major adjustments shall be made by the city council.
C. The provisions above pertaining to minor and major adjustments shall apply to various parts of a
staged development.
17.45 - 4
Chapter 17.48
OPEN SPACE/INSTITUTIONAL DISTRICT (OS)
Sections:
17.48.010 Intent
17.48.020 Permitted uses
17.48.030 Prohibited uses
17.48.050 Environmental performance standards
17.48.060 Site area
17.48.070 Building limitations
17.48.080 Setback requirements
17.48,090 Ingress and egress
17.48,100 Off-street parking
17.48,11 0 Landscaping
17.48.120 Stormwater runoff
17.48.130 Open space
17.48.010 Intent. It is the intent of this chapter to:
A. Protect and preserve certain areas of land devoted to existing and future use for civic, cultural,
educational and similar facilities;
B. Provide for the social needs of the community as those needs relate to public services, open space
and institutions whether publicly or privately owned;
C. Enhance the identity and image of the community as a desirable place for human growth and
development;
D. Provide opportunities and facilities for the various activities and needs of a diverse and dynamic
population;
E. Provide and protect parks, open space and other natural, physical assets of the community to
improve the aesthetic and functional features of the community,
17.48.020 Pennitted uses.
A. Specific types of permitted uses are those which provide a public service or fill a public need as
described in the statement of intent. Such uses include but are not limited to the following:
1. Parks, greenbelts, golf courses and open space for active or passive recreation or enjoyment.
(Note: Whenever a park or open space is dedicated or designated as part of a subdivision
pursuant to Chapter 14.12, such park or open space shall be designated an open
space/institutional district on the official zoning map);
2, Institutional buildings or offices such as city hall, fire stations, schools and colleges,
hospitals, community meeting or recreation halls;
3. Libraries, museums or similar cultural facilities;
4. Churches, temples and synagogues;
5. 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, hospitals and the like.
B. Similar or related uses permitted, and criteria for determination of similarity or relatedness, are as
follows:
1. Uses similar to, or related to, those listed in subsection 17.48.020(A) are permitted upon a
finding of the approval authority and/or the site plan review committee that a particular
17.48 - 1
unlisted use does not conflict with the intent of this chapter or the policies of the land
development plan.
2. The criteria for such finding of similarity shall include but not be limited to the following:
a. The proposed use is appropriate in this area,
b. The development guidelines for permitted uses can be met by the proposed use,
c. The public need is served by the proposed use.
C. Special uses may be permitted as provided for in Chapter 17.66 of this title.
D. Child day care centers shall be allowed as an accessory use to those uses permitted by this section,
17.48.030 Prohibited uses. Uses other than those identified or described in Section 17.48.020 are
prohibited.
17.48.050 Environmental performance standards. It shall be the responsibility of the operator and/or
the proprietor of any permitted use to provide such reasonable evidence and technical data as the approval
authority may require to demonstrate that the use or activity is or will be in compliance with the
environmental performance standards of Chapter 17.57 of this title. In addition, any outside storage must
have sight-obscuring screening around the storage area. All stored materials shall not exceed the height
of the screening.
17.48.060 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.
17.48.070 Building limitations. Height and site coverage shall be as follows:
A. Maximum height of buildings: forty feet;
B. Maximum development coverage: seventy percent of site.
17.48.080 Setback requirements.
A. If adjacent properties are in the same or in a less restrictive land use district:
1. Side yard minimum: fifteen feet;
2. Rear yard minimum: fifteen feet.
B. If adjacent properties are in any residential district:
1. Side yard minimum: twenty-five feet;
2. Rear yard minimum: twenty-five feet; provided that the entire twenty-five foot depth shall
be landscaped.
C. Setbacks from right-of-way:
1. If property fronts on a minor street or private street or drive, twenty-five feet;
2. If property fronts on major street, thirty-five feet.
17.48.090 Ingress and egress. Ingress and egress at the site shall be limited to one driveway for each
two hundred feet of frontage. Where only one driveway serves a site, said driveway shall not be less than
twenty-five feet nor more than thirty-five feet wide, All driveways shall be not less than one hundred fifty
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,
17.48.100 Off-street parking. Off-street parking shall be provided in accordance with Chapter 17.72 of
this title,
17.48.110 Landscaping. Landscaping shall be provided according to Chapter 17.80.
17.48 - 2
17.48.120 Stonnwater runoff. All stormwater runoff shall be retained, treated and disposed of on site
or disposed of in a system designed for such runoff and which does not flood or damage adjacent
properties. Systems designed for runoff retention and control shall comply with specifications provided
by the city and shall be subject to its review and approval, and shall, moreover, comply with Chapter 5
of the Yelm Development Guidelines, Drainage Design and Erosion Control Standards for the City of
Yelm.
17.48.130 Open space. To the extent of any building or development, the open space requirements of
Chapter 14.12 shall apply.
17.48 - 3
Chapter 17.57
ENVIRONMENTAL PERFORMANCE STANDARDS
Sections:
17.57.010 Intent
17.57.020 Environmental performance standards
17.57.030 Noise
17,57.040 Emissions
17.57.050 Aquifer, ground and soil contamination
17.57.060 Storage
17.57.080 Enforcement
17.57.010 Intent. It is the intent of this chapter to:
A. Protect public health and general welfare;
B. Establish minimum standards for the control of environmental pollution;
C. Minimize the adverse effects of contaminants which may result from the use of land by any activity
or person,
17.57.020 Environmental perfonnance standards. It shall be the responsibility of the operator and/or
the proprietor of any permitted use and the owner of the property upon which such use is to be developed
or conducted to provide such reasonable evidence and technical data as the approval authority may require
to demonstrate that the use or activity or the development of the property for such use or activity is or
will be in compliance with the requirements and performance standards of this code,
Failure of the approval authority to require such information shall not be construed as relieving the
operator and/or the proprietor or property owner from compliance with the requirements and
environmental performance standards of this code.
17.57.030 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 the Washington Administrative Code, Chapter 173-60, titled
"Maximum Environmental Noise Levels," which chapter is hereby 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, multi-family, etc,) , , , . . .
All commercial areas ......
A
.B
A
C
All public/institutional areas , .
All industrial, warehouse areas . . . .
C. Noise levels of any sound source, when measured in the manner and locations prescribed in WAC
173-60 shall not exceed the values shown in WAC 173-60.
17.57.040 Emissions.
A. Air Pollution. Air pollution shall be controlled by the operator and/or the proprietor of any land
use or activity permitted by this chapter.
The ambient air quality standards specified in Regulation I of the Olympia Air Pollution Control
Authority (OAPCA) shall apply to all air contaminants listed therein,
B. Toxic Substances. Toxic substances shall be kept to concentrations not exceeding one-fiftieth of
interior standards by use of the best available control methods and technology in all phases of plant
operation and handling of materials, and by an active commitment to good housekeeping practices.
17,57-1
Toxic substances not listed in Regulation I of OAPCA, 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.
C. Sewer Use. Liquid wastes shall be disposed of through local sanitary sewer systems only upon
approval of affected public sewer authorities and pretreatment to reduce both load and toxicity to
approximate domestic strength for pH, BOD, TSS and other parameters regulated in the Yelm's
NPDES permit. Reuse/recycling may be required to minimize industrial loading.
D. 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.
E. 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.
F. 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 Social and Health
Services as amended,
G, 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 between 7:00 a.m. and 6:00 p.m.
17.57.050 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.
17.57.060 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,
gardening materials, nursery stock and the like, or on the site on 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 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.
17.57 - 2
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 subsections 17,57.060(A,B), 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 thirty days;
2. Operable motor vehicles, boats, trailers, recreational vehicles and the like 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.
17.57.080 Enforcement.
A. In the enforcement of this chapter, the approval authority may require the operator or owner of an
existing or proposed activity or use or the owner of the property upon which such activity or use
is to be developed or conducted to submit reasonable evidence and technical data to demonstrate
that the use or activity is or will be in compliance with the requirements of this chapter. The
developer, operator and property owner shall each be responsible to ensure that all such evidence
and data is developed using accepted means and methods to attest to its accuracy.
B, The approval authority may undertake independent studies and engage such technical assistance as
may be needed for such studies or to evaluate data or information submitted by an applicant in
connection with the performance standards of any activity.
C. The developer, operator or property owner shall pay for or reimburse the city for the costs incurred
in the conduct of such tests as the city may require and for costs incurred by the city to engage
technical consultants for review and interpretation of data and findings submitted by or on behalf
of the developer, operator or property owner.
D. If significant environmental degradation occurs, or, in the judgment of the approval authority is
likely to occur in the development of the property for the permitted use, the approval authority shall
require the developer or property owner or both such persons or firms to undertake such steps as
are necessary to prevent, repair or mitigate such degradation. The developer and property owner
shall be liable jointly and severally for all costs incurred in carrying out such required actions.
If significant environmental degradation occurs or, in the judgment of the approval authority is
likely to occur in the conduct of the permitted use or in other operations on the property, the
approval authority shall require the operator or property owner or both such persons or firms to
undertake such steps as are necessary to prevent, repair or mitigate such degradation. The operator
and property owner shall be liable jointly and severally for all costs incurred in carrying out such
required actions.
The actions called for in this subsection D. may include emergency mitigation measures. Prior
approval by the approval authority of means or methods of development or operation proposed by
the developer, operator or property owner, shall not prevent the approval authority from requiring
corrective action to prevent, repair or mitigate environmental degradation.
17.57-3
Chapter 17.60
PLANNED RESIDENTIAL DEVELOPMENT
Sections:
17.60.010 Intent
17.60.020 Definitions
17,60.030 Where permitted
17.60.040 Types of uses permitted
17.60,045 Prohibited uses
17,60,050 Relationship to other ordinance provisions
17.60.060 Development guidelines--Generally
17.60.070 Relationship of PRD site to adjacent areas
17.60,080 Site acreage
17.60.090 Access to public right-of-way
17.60.100 Lot size
17.60,11 0 Setback and side yard requirements
17.60.120 Off-street parking
17.60.130 Secondary use limitations
17.60.140 Design standards
17 .60.150 Preliminary review and approval--Application--Eligibility and procedure
17.60.160 Preliminary review and approval--Application--Required documentation
17.60.170 Final review and approval--Application-- Filing time limitation
17.60.180 Final review and approval--Application--Partial PRD area
17.60.190 Final review and approval--Application--Required documentation
17.60.200 Permit issuance
17.60.210 Adjustments
17.60.230 Duration of control
17.60.240 Parties bound
17.60.250 Commencement of construction
17.60.010 Intent. It is the intent of this chapter to:
A. Encourage imaginative design and the creation of permanent open space by permitting greater
flexibility in zoning requirements than is generally permitted by other chapters of this title;
B. Preserve or create environmental amenities superior to those generally found in conventional
developments;
C. Create or preserve usable open space for the enjoyment of the occupants;
D. Preserve to the greatest possible extent the natural characteristics of the land, including topography,
natural vegetation, waterways, views, etc.;
E. Encourage development of a variety of housing types;
F. Provide for maximum efficiency in the layout of streets, utility networks and other public
improvements;
G. Provide a guide for developers and city officials in meeting the purpose and provisions of this
chapter.
17.60.020 Definitions. Certain words and phrases as defined in this section shall govern the interpretation
of this chapter.
A. "Common open space" means a parcel or parcels of land or a combination of land and water, within
the site designed and intended for the use or enjoyment of residents of a planned residential
development. Common open space does not include land occupied by buildings, roads, driveways,
required parking areas or the required yards for buildings or structures,
17,60-1
B. "Home owners association" means an incorporated, nonprofit organization operating under recorded
land agreements through which (a) each lot owner is automatically a member; (b) each lot is
automatically subject to a charge for a proportionate share of the expenses for the organization's
activities, such as maintaining common property; and (c) a charge, if unpaid, becomes a lien against
the property.
C. "Planned residential developments" means any development of land approved and developed in
accordance with the terms of this title, including a plat or subdivision of such land,
D. "Residential development" means any development designed and intended for residential use
regardless of the type of building in which such residence is located, i.e., conventional single-family
dwellings, townhouses, duplexes, fourplexes or apartment houses.
17.60.030 Where permitted. Planned residential development may be permitted in the following land
use districts consistent with the development guidelines in Sections 17.60.060 through 17.60,140:
A. Low-density residential district (R-4);
B, Moderate-density residential district (R-6);
C. High-density residential district (R-lO).
17.60.040 Types of uses permitted.
A. Specific Types Permitted. In a planned residential development, the following uses are permitted,
provided that they meet the standards and criteria established in this title:
1. Those uses permitted as a matter of right in the underlying zone;
2, Residential developments of all types as defined in this chapter;
3. As a secondary use, the following neighborhood commercial uses may be permitted in a PRD
subject to the limitations set forth in Section 17.60.130 and shall be located within the
interior:
a, Convenience stores that sell food or drugs,
b. Deli or cafe,
c. Barber/beauty shop,
d. Laundromat;
B. Other or Related Uses Permitted. Other or related uses permitted include:
1. Accessory uses specifically geared to the needs of the residents of the PRD such as motor
vehicle or boat storage structures, or structures related to open space use, subject to the
building and development coverage limitations of the underlying zone;
2. Special uses as provided in Chapter 17.66 of this title;
3. Home occupations as provided in Chapter 17.69 of this title.
17.60.045 Prohibited uses. No sale of gasoline, except as provided in Chapter 17.36.
17.60.050 Relationship to other ordinance provisions.
A. Zoning Requirements. The provisions of the zoning ordinance pertammg to land use of the
underlying zoning district shall govern the use of land in a planned residential development,
The specific setback, lot size, height limits and other dimensional requirements are waived, and the
regulations for PRDs shall be those indicated in Section 17.60.11 O.
B, Platting Requirements. A PRD shall be exempt from the specific design requirements of the
subdivision ordinance, except that when any parcel of land in a PRD is intended for individual
17.60 - 2
ownership, sale or public dedication, the platting and procedural requirements ~f the subdivision
ordinance and applicable state laws pertaining to the subdivision and conveyancing of land and the
preparation of maps shall be followed.
C. Public Hearing Required. Applications for PRDs shall require a public hearing before the planning
commission and city council with notice thereof to be given as provided in Chapter 17.96.
17.60.060 Development guidelines--Generally. The standards in Sections 17,60,070 through 17,60.140
shall govern the interpretation and administration of this chapter.
17.60.070 Relationship of PRD 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 PRD
shall be so designed as to minimize undesirable impact of the PRD on adjacent properties and,
conversely, to minimize undesirable impact of adjacent land use and development characteristics on the
PRD.
17.60.080 Site acreage. The minimum site for a planned residential development shall be two acres if
solely residential, five acres if it includes a mixed use commercial proposal.
17.60.090 Access to public right-of-way. The major internal street serving the PRD shall be connected
to at least one major arterial, secondary arterial or collector street.
17.60.100 Lot size. The minimum lot size provisions of other chapters of the zoning title are waived in
a planned residential development.
17.60.110 Setback and side yard requirements.
A. Setbacks from the exterior boundary line of the PRD 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 or the projections of the comprehensive plan, In no event shall such
setback be less than twenty feet.
B. Setbacks or side yards between buildings: The standard setbacks and yard requirements between
buildings may be waived in a PRD. Buildings may have common walls and, therefore, built to the
property line as in townhouse construction.
Wherever buildings are separated, a minimum distance of ten feet shall be maintained between such
buildings.
17.60.120 Off-street parking. Off-street parking shall be provided in a PRD in the same ratios for types
of buildings and uses as required for the underlying zoning district, and as described in Chapter 17,72
of this title.
17.60.130 Secondary use limitations.
A. Commercial uses are subject to site plan review procedures and shall be provided for in the
original, finally approved version of the PRD application for the development within which the
commercial use is to be integrated. "Original," as is used in this subsection, refers to the PRD
application as it existed at the time of its final approval by the city council.
B. The gross floor area of the commercial use shall not exceed the product of thirty square feet
multiplied by the number of dwelling units within the development. The purpose of restricting
commercial development is to prevent the PRD process from being used as a vehicle for rezoning
to commercial use which may not be at all related to the commercial needs of the area, Once a
relatively large number of dwelling units have been completed or occupied, the need for such
commercial development may be justified.
C. A final plat must be filed for at least fifty percent of the platted lots before occupancy permits will
be issued for the construction of commercial uses.
17.60 - 3
17.60.140 Design standards.
A. Open space requirements shall be as provided below, notwithstanding the provisions of Chapter
14.12 to the contrary:
1. Common Open Space. Each planned residential development shall provide not less than
twenty percent of the gross land area for common open space which shall be either:
a. Held in single ownership where such ownership assumes full responsibility for maintenance
and operation; or
b. Held in common ownership by all of the owners in the development area; or
c. Dedicated for public use, if acceptable to the city,
2. Common open space may contain such complementary structures and improvements as are
necessary and appropriate for the benefit and enjoyment of residents of the PRD, provided
that the building coverage of such building or structure combined with the building coverage
of the residential dwellings shall not exceed the maximum permitted by the underlying zone,
3. Under most circumstances, common open space shall meet the following additional
requirements:
a. Open space area must be designed to be attractive and usable for active as well as passive
recreation opportunities. No use shall be allowed within open space that adversely affects the
aesthetic appeal or usability of the open space,
b. Open space area shall have convenient access for residences of the development and shall be
consolidated to provide maximum access, visibility, usability, minimization of impacts to
residential uses, and ease of maintenance.
c, Open space areas shall be designed and placed in consideration of existing and potential open
space on adjacent parcels to provide consolidation or opportunities for future consolidation
of neighborhood open space areas,
d. Existing trees and significant vegetation shall be maintained in open space areas unless an
alternate landscaping plan for such areas is required or approved by the site plan review
committee.
4. Private Open Space. Three hundred square feet private, usable open space having a
minimum of fifteen feet in depth shall be provided for each ground level dwelling unit PRD.
Such private open space is to serve as a buffer between dwelling units and common open
space.
5. If the application/owner elects to pay a fee-in-lieu of the dedication or common ownership
requirements of this subsection, such fee-in-lieu shall be calculated and imposed pursuant to
Section 14.12.060; provided that fee shall be based on the amount otherwise created as
common open space under the provisions of this subsection (20 percent) rather than the
amount calculated pursuant to Section 14.12,040(B).
B. Land Area and Dwelling Unit Computations,
1. Density. The density of the underlying zone governs unless a density increase is granted as
provided in this chapter.
2. Density Increase. The city may approve an increase in the dwelling unit density of up to:
a. Twenty percent in the moderate-density district (R-6), rounded to the nearest whole number,
provided that three of the four following environmental and recreational amenities are met:
17.60 - 4
(1) Develop and equip significant recreational areas within the common open space with such
features as, but not limited to, swimming pools, tennis courts, bike or pedestrian path
systems or children's play areas,
(2) Substantial retention of natural ground cover, bushes and trees,
(3) Landscape the on-site drainage retention facility as per Chapter 17.80 and link with
pedestrian path system for passive recreation,
(4) Provide substantial and exceptional landscaping in excess of the requirements of Chapter
17.80 either in addition to or in lieu of natural landscaping .
b. Twenty-five percent in the high-density district (R-lO) , rounded to the nearest whole number,
provided that three of the four following environmental and recreational amenities are met:
(1) Develop and equip significant recreational areas within the common open space with such
features as, but not limited to, swimming pools, tennis courts, bike or pedestrian path
systems or children's play areas,
(2) Substantial retention of natural ground cover, bushes and trees,
(3) Landscape the on-site drainage retention facility as per Chapter 17.80 and link with
pedestrian path system for passive recreation,
(4) Provide substantial and exceptional landscaping in excess of the requirements of Chapter
17.80 either in addition to or in lieu of natural landscaping,
C. Landscaping Required. Landscaping, including, all common open space, shall be landscaped in
accordance with the landscaping requirements in Chapter 17.80 and the provisions of this Section
17.60.140 are supplemental thereto. 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, in the judgment of the approval authority, such natural features contribute to the
attractiveness of the proposed development.
17.60.150 Preliminary review and approval--Application--Eligibility and procedure.
A. Who May Apply. Any owner or group of owners of property acting jointly, or a developer
authorized to act as agent for an owner or group of owners, may submit an application for PRD
development.
B. Review Procedure. All PRD applications shall be reviewed and approved or disapproved as if such
PRD were a special use application under Chapter 17.66 of this title,
17.60.160 Preliminary review and approval--Application--Required documentation. An application
for PRD development shall include the following:
A. Vicinity sketch showing the location of the site and its relationship to surrounding areas, including
existing streets, driveways, major physiographic features such as railroads, lakes, streams,
shorelines, schools, parks and other prominent features;
B. A map or maps of the site at a scale not smaller than one hundred feet to the inch, showing all the
information required for a preliminary plat plus the following:
1 . Site boundaries,
2. Streets bounding or abutting the site,
3. Proposed buildings including dimensions, setbacks, identification of types and the number
of dwelling units in each residential type,
4, Location and dimensions of open spaces,
5. Existing and proposed contours including natural features,
17.60 - 5
6. Parking facilities, their design, size and capacity,
7, Circulation plan--vehicular and pedestrian, and points of ingress and egress from the site, and
their relationship to ingress and egress of neighborhood properties,
8. Existing buildings and indication of future use or disposition,
9. Landscaping plan,
10. Typical front and side elevations and exterior architectural treatments of the proposed units,
and
11. Conceptual utility plan, including water, sewer, storm drainage and lighting;
C. In addition to the graphic materials, the developer shall submit a written statement providing the
following information:
1. Program for development including estimated staging or timing of development, including
build-out data to be submitted to the city and to the Yelm School District for each year
during the construction period,
2. Proposed ownership pattern upon completion of development,
3. Basic content of restrictive covenants,
4. Provisions to assure permanence and maintenance of common open space through
homeowners association formation, condominium development or other means acceptable to
the city,
5. Statement or tabulation of dwelling unit densities proposed,
6. Statement describing the relationship of the proposed PRD to the Yelm development plan.
17.60.170 Final review and approval--Application--Filing time limitation. An application for final
review and approval shall be filed by the applicant within eighteen months of the date on which
preliminary approval was given by the city council. An extension not exceeding six months may be
granted by the approval authority. If application for final approval is not made within eighteen months
or within the time for which an extension has been granted, the plan shall be considered abandoned, and
the development of the property shall be subject to the normal requirements and limitations of the
underlying zone and the subdivision ordinance.
17.60.180 Final review and approval--Application--Partial PRD area. An application for final review
and approval may be filed for part of a PRD area for which preliminary approval has been granted by
the city council. An application for final approval of a part of a PRD shall provide the same proportion
of open space and the same overall dwelling unit density as the overall preliminary approval.
If that portion of the PRD for which final approval is requested does not provide such open space, the
developer shall file in escrow a quit-claim deed in favor of the city for such additional land area adjacent
and accessible to the site, and of sufficient size to provide the open space required to meet the standards
of this title. In the event that the developer abandons the remaining portions of the PRD, the escrow agent
shall deliver the quit-claim deed to the city or to such other public or private entity as the city may direct.
Final approval of a PRD shall not be construed to be final plat approval. Plat approval is a separate action
and shall be in compliance with state and local subdivision and platting regulations.
17.60.190 Final review and approval--Application--Required documentation. The applicant shall
submit at least seven copies of the application for final review and approval of the PRD to the planning
department for its review. The application for final review and approval shall comply with the conditions
imposed on the preliminary approval. In addition, if the PRD is being immediately subdivided, the data
required of regular plats as required by the subdivision ordinance must be submitted. The application shall
include the following:
17,60 - 6
A. Pinal elevation and perspective drawings of project structures;
B, Pinal landscaping plan;
C. Pinal plans of and including profiles of the drainage, water, sewer, lighting, streets and sidewalks
or pathways;
D. Such other documentation, information and data not lending itself to graphic presentation such as
restrictive covenants, incorporation papers and bylaws of Homeowners' Associations, dedications
of easements, rights-of-way and other conditions specifically required by the approval authority for
the particular PRD.
No final PRD application shall be deemed acceptable for filing unless all of the above information is
submitted in accurate and complete form sufficient for the purposes of planning department review. After
receiving the final PRD application, the planning department shall route the same to all appropriate city
departments, and each department shall again submit to the planning department comments and
recommendations.
If the city departments determine that the final PRD application conforms fully with all applicable
regulations and standards, the final PRD application shall be presented to the city council for final
approval.
17.60.200 Permit issuance. Building permits and other permits required for the construction or
development of property under the provisions of this chapter shall be issued only when in the opinion of
the building official, the work to be performed meets the requirements of final approval of the PRD.
17.60.210 Adjustments.
A, Minor adjustments may be made and approved by the enforcing official when a building permit is
issued, Minor adjustments are those which may affect the precise dimensions or siting of buildings,
but which do not affect the basic character or arrangement of buildings approved in the final PRD,
nor the density of the development or the open space requirements. Such dimensional adjustments
shall not vary more than ten percent from the original,
B. Major adjustments are those which, in the opinion of the approval authority, substantially change
the basic design, density, open space or other requirements of the planned residential development.
When, in the opinion of the approval authority, a change constitutes a major adjustment, no
building or other permit shall be issued without prior review and approval by the approval authority
of such adjustment.
17.60.230 Duration of control. The regulations and controls of the planned residential development
ordinance in effect at the time of authorization of a PRD project shall remain in full force and effect until
complete buildout of the project.
17.60.240 Parties bound. Once the preliminary development plan is approved, all persons and parties,
their successors, heirs or assigns, who own, have, or will have by virtue of purchase, inheritance or
assignment, any interest in the real property within the proposed PRD, shall be bound by the conditions
attending the approval of the development and the provisions of this title.
17.60.250 Commencement of construction. Construction of the PRD project shall begin within one year
from the date of the final approval of the plan. An extension of time for beginning construction may be
requested in writing by the applicant, and such extension not exceeding six months may be granted by
the council. If construction is not begun within one year or within the time for which an extension has
been granted, the plan shall be considered abandoned, and the development of the property shall be
subject to the normal requirements and limitations of the underlying zone and the subdivision ordinance.
17.60 - 7
Chapter 17.61
TOWNHOUSE DEVELOPMENT
Sections:
17.61.010 Intent
17.61.020 Definitions
17.61.030 Where permitted
17.61.040 Development guidelines
17.61.050 Review and approval procedure
17.61.010 Intent. It is the intent of this chapter to:
A. Encourage infilling of skipped-over parcels in developed areas of the city;
B. Provide for the development of townhouses within residential neighborhoods which may be
conveyed as individually owned, separately platted lots;
C. Encourage within low-, moderate- and high-density residential districts the development of
townhouse structures built to standards designed to include amenities usually associated with
conventional single-family detached housing, and to ensure their compatibility with the surrounding
neighborhood;
D. Provide for favorable housing, efficient use of land and energy and the availability of a variety of
housing types in a variety of locations to serve a wide range of individual homeowner requirements;
E, Provide a guide for developers and city officials in meeting the purpose and provisions of this
chapter.
17.61.020 Definitions. These definitions shall be in addition to the definitions set forth in Chapter 17.06
and shall apply solely to townhouse developments.
A. "Townhouse" means 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 shall be attached by not more than
two party walls.
B. "Townhouse group" means a cluster or grouping of townhouse units containing not less than two
nor more than six individual townhouse dwelling units contiguous to one another.
17.61.030 Where permitted. Townhouse developments may be permitted in the following land use
districts, consistent with the development guidelines in this chapter:
A. Low-density residential district (R-4);
B. Moderate-density residential district (R-6);
C. High-density residential district (R-I0).
17.61.040 Development guidelines.
A, Density, The density of the underlying zone governs unless a density increase is granted as provided
in this chapter.
B. Density Increase. The city may approve an increase in the dwelling unit density of up to:
1. Twenty percent in the moderate-density district (R-6), rounded to the nearest whole number,
provided that three of the four following environmental and recreational amenities are met:
a, Develop and equip significant recreational areas within the common open space with such
features as, but not limited to, swimming pools, tennis courts, bike or pedestrian pathlsystems or children's play areas,
17.61 - 1
b, Substantial retention of natural ground cover, bushes and trees,
c. Landscape the on-site drainage retention facility as per Chapter 17.80 and link with
pedestrian path system for passive recreation,
d. Provide substantial and exceptional landscaping in excess of the requirements of Chapter
17.80 either in addition to or in lieu of natural landscaping.
2. Twenty-five percent in the high-density district (R-lO), rounded to the nearest whole number,
provided that three of the four following environmental and recreational amenities are met:
a. Develop and equip significant recreational areas within the common open space with such
features as, but not limited to, swimming pools, tennis courts, bike or pedestrian path
systems or children's play areas,
b. Substantial retention of natural ground cover, bushes and trees,
c. Landscape the on-site drainage retention facility as per Chapter 17.80 and link with
pedestrian path system for passive recreation,
d, Provide substantial and exceptional landscaping in excess of the requirements of Chapter
17,80 either in addition to or in lieu of natural landscaping .
C. Lot Area and Width of Each Townhouse Unit. A townhouse lot shall contain a minimum area of
one thousand six hundred square feet and a minimum lot and building width of twenty feet.
D. Height. The maximum height of any townhouse shall not exceed that allowed in the district in
which the development is located.
E. Minimum Parcel Size. One (1) acre,
F. Maximum Parcel Size. The parcel size for townhouse development shall be no more than two acres
in the R-4 zone, five acres in the R-6 and R-10 zones.
G. Setback Variation. No more than four abutting townhouses or townhouse cluster 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.
H. Right-of-Way Setback. No townhouse dwelling unit shall be located closer than twenty-five feet to
any public right-of-way nor within fifteen feet of a private drive, access road or common open
parking area to the front or rear of such a dwelling unit.
I. Rear Yard Requirements. The minimum rear yard requirement shall be the same as the underlying
zone.
J, Private Yard Area, Every lot containing a townhouse must provide a private yard of at least three
hundred 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.
K. Side Yard Requirements. 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.
L. Minimum Distances Between Townhouse Groups. 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 ten feet to any portion of a townhouse or accessory structure of another townhouse building
or cluster.
M. Access. When the only driveway is from the street, each pair of units must share a common curb
cut.
17.61-2
N. Conversion. Conversion of existing structures to a townhouse project will be permitted provided
all townhouse development guidelines as outlined in this section can be satisfied.
17.61.050 Review and approval procedure. Townhouse developments shall be approved pursuant to the
regulations and procedures established in the platting and subdivision ordinance, as modified below, and
the standards of this chapter.
A. Review. The site plan review committee shall review and approve the creation of four or fewer
townhouse lots, The site plan review committee approval does not involve a public hearing, but will
be subject to notification of adjacent property owners. The decision of the site plan review
committee is subject to the appeal process as identified in Chapter 17.84.
B. Platting. A subdivision plat or short plat shall be required for all townhouse developments not
proposed to be filed as a condominium so that individual dwelling units are divided into lots with
common walls located on lot lines,
When a townhouse development is platted, construction of townhouse dwellings may commence
prior to final plat or final short subdivision approval, provided:
1. The proposed subdivision has received preliminary approval or the short subdivision has
received conditional approval, and the necessary legal instruments have been filed to assure
construction of required public improvements;
2. Partial or complete construction of structures shall not relieve the subdivider from, nor
impair city enforcement of conditions of subdivision approval;
3. Units may not be rented or sold, nor occupancy permits issued until final plat or final short
plat approval.
C, Site Plans, An application for a townhouse development shall include the following:
A site plan drawing or drawings at a scale not smaller than one hundred feet to the inch, showing
all the information required for a preliminary plat plus the following:
1, Site boundaries;
2. Streets bounding or abutting the site;
3. Proposed building including dimensions, setbacks, identification of types and the number of
dwelling units in each residential type;
4. Location and dimensions of open spaces;
5, Location and dimensions of garbage disposal areas;
6, The location and design of off-street parking facilities, showing their size;
7. Circulation plan, vehicular and pedestrian, and points of ingress and egress from the site, and
their relationship to ingress and egress of neighborhood properties;
8. Existing buildings and indication of future use or disposition;
9, Landscaping plan;
10. Typical front and side elevations and exterior architectural treatment of the proposed units;
11. The existing and proposed contours at two foot intervals and which locates existing streams,
lakes, marshes a~d other natural features;
12. Existing and proposed utilities;
13 . Proposed internal streets;
14. Properties and owners within 300 feet.
17.61 - 3
Chapter 17.62
MASTER PLAN DEVELOPMENT
Sections:
17.62.010 Short title
17.62,020 Intent
17.62.030 Applicability
17.62.040 General steps for review and approval
17.62,050 Conceptual review and approval
17.62,060 Master plan approval
17.62.070 Timing of master plan submittal
17.62.080 Approval of specific development proposals
17.62.090 Implementation of master plan--Periodic review
17.62.100 Administration and enforcement
17.62.010 Short Title. This ordinance shall be known as the Master Plan Development Chapter and may
be cited as such.
17.62.020 Intent. The purpose of the master plan process is to protect and improve the public health,
safety and welfare by pursuing the following objectives:
A, To ensure that future growth and development which occurs as the result of a master plan is in
accord with the comprehensive plan and the planning policies of the city;
B. To provide for large-scale projects that incorporate a full range of land uses, where appropriate and
where consistent with the comprehensive plan;
C. To encourage innovations and creativity for the safe, efficient and economic use of land;
D. To ensure and facilitate the provision of adequate public services such as transportation, water,
sewage, storm drainage, electricity and open space;
E. To encourage efficient patterns of land use which, where appropriate, decrease trip length of
automobile travel and encourage trip consolidation, increased public access to mass transit, bicycle
routes and other alternative modes of transportation;
F. To improve the design, quality and character of new development so as to reduce energy
consumption and demand, and to minimize adverse environmental impacts including degradation
of wildlife habitat and important natural features in the area;
G. To foster and ensure a rational pattern of relationships between residential, business and industrial
uses so as to complement and minimize impacts on existing neighborhoods;
H. To ensure coordination of commercial and industrial building designs which will be harmonious and
blending with each other and the natural environment.
17.62.030 Applicability. Minimum Site Area. A minimum of two hundred acres in a single ownership
must be available for a master plan; smaller acreage under separate ownership may be included in the
proposal.
17.62.040 General steps for review and approval. The review and approval of a master plan shall
consist of three steps:
A. Conceptual review and approval of the master plan through comprehensive plan and official zoning
map amendment, with the official zoning map amendment not effective until approval of the master
plan for the site;
B. Adoption of the master plan for the site;
17,62 - 1
C. Approval of specific development actions as may be appropriate, and as may be phased in the
master plan.
17.62.050 Conceptual Review and Approval.
A. Purpose. The purpose of conceptual review and approval is to establish general land use policies
to guide detailed planning for and development of the master plan area. The conceptual plan shall
identify the generalized land uses, transportation circulation routes and services proposed for the
site. Prior to site development, a master plan shall be approved consistent with the policies and
conditions of conceptual approval.
B. Review. Review of a conceptual master plan shall be performed initially by the planning
commission. The planning commission shall review the application for completeness and, if it
determines that the proposed master plan is consistent with the comprehensive plan and the city's
other plans and policies, recommend approval by the planning commission. If the planning
commission determines that the proposed master plan is not so consistent, it may either remand for
modifications specifically identified or recommend denial by the city council. Conceptual approval
by the city council, upon a recommendation by the planning commission, shall consist of an
amendment to the comprehensive plan and an amendment to the official zoning map. Notice of
hearings on conceptual approval will be provided to all property owners within one thousand feet
of the subject site and other affected governmental agencies with jurisdiction in the site area at least
ten (10) days prior to the hearing. The official zoning map amendment shall be in conformance with
the comprehensive plan, and shall be limited by the conditions in subsections D and E of this
section.
C. Form and Contents of Application for Conceptual Approval of the Master Plan. An application for
conceptual approval shall be submitted to the planning department for reporting to the planning
commission and shall include:
1. Textual Information.
a. Name, address, zip code and telephone number of applicant,
b. The names, addresses, zip codes and telephone numbers of all landowners within the subject
property,
c. The names and addresses of all property owners within one thousand feet of the site,
d. The legal description and tax parcel number(s) of the subject property,
e. The existing zoning and plan designation on the subject property,
f. The acreage contained within the proposed master plan area; the number of dwelling units
permitted and proposed; and the number of dwelling units per acre of land permitted and
proposed,
g. The total acreage of nonresidential uses permitted and proposed, by type of use,
h. Applicable school district(s), fire district(s) or departments and other special purposes
districts,
1. The means by which the proposed master plan meets the objectives of Section 17.62.020,
J. Proposed amendatory language for the applicable subarea plan,
k. Anticipated phasing of development,
1. General description of options for source(s) of water supply, method(s) of sewage disposal,
methods of storm water control and means to handle hazardous materials and hazardous
waste if applicable,
17.62 - 2
m. Identify potential major anticipated adverse environmental impacts and general mitigating
measures, including off-site improvements, which may be incorporated in a subsequent
master plan by submitting an environmental checklist as required by WAC 197-11-315,
n. An explanation of all features not readily identifiable in map form;
2. Conceptual Plan and Supporting Maps.
a. A vicinity map showing the location of the site and its relationship to surrounding areas,
including existing streets and major physiographic features such as railroads, lakes, streams,
shorelines, schools, parks or other prominent features,
b. Parcel boundaries,
c. Freeways, highways and streets servicing and abutting the area and parcel,
d. The existing zoning and comprehensive plan designation for all areas of the proposed master
plan area,
e. Generalized proposed land uses including:
1. Potential uses,
n. Range of densities and housing types,
iii. Phasing of development,
iv. Any proposed zoning or development plan changes,
f. Multimodal transportation plans, with proposed major routes, points of ingress and egress
and the relation to existing and proposed area transportation facilities,
g. Existing site conditions including water courses, wetland area, flood plains, 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.
D. Effect of Conceptual Approval. Upon conceptual approval by the city council, the proposed master
plan boundaries, proposed use districts, transportation routes and case file number shall be identified
upon the official zoning map. These districts and routes shall only be effective upon approval of
a master plan meeting the requirements of conceptual approval and of this ordinance.
E. Development Prior to Master Plan Approval. Unless specifically authorized at the time of
conceptual approval, no development permit may be issued prior to master plan approval.
Preexisting uses shall be regulated as specified in Chapter 17.93 (nonconforming uses).
17.62.060 Master plan approval.
A. Purpose. The master plan shall consist of map(s) and text which indicate major development
features and services for the entire site, including a schedule indicating phasing of development and
the means of financing services for the site.
B. Review. A complete master plan for the entire master plan area shall be submitted within three
years of conceptual approval unless an extension has been granted pursuant to Section 17.62.070.
The master plan shall be reviewed by the planning commission and a recommendation submitted
to the city council for final action. The planning commission shall not recommend approval of a
master plan unless the commission has conducted a public hearing pursuant to RCW 35A.63.073
and it is determined that said plan is consistent with the conceptual approval and complies with the
policies of the comprehensive plan, the purposes of Section 17.62.020, and the provisions of this
chapter. The planning commission may recommend terms and conditions of approval, and require
the provision, and further public review, of additional information and analyses in order to insure
such compliance. In addition, the planning commission may propose changes in the proposed master
17.62 - 3
plan or the proposed zoning on the basis of information presented in the course of master plan
review, as long as the changes are consistent with applicable city plans and policies. Changes not
consistent with city plans and policies may be made only if conceptual approval or other plans or
policies are first amended accordingly.
C. City Council Consideration. The planning commission recommendation shall come to the city
council for consideration in an open public meeting no sooner than ten nor longer than twenty
working days from the date a decision constituting a recommendation was rendered. The city
council shall consider the matter based upon the written record before the planning commission, the
commission's decision, and any written comments received by the city before closure of city offices
on a date three days prior to the date set for consideration by the city council; provided, that the
city council may publicly request additional specific information from the applicant, the planning
commission or city or county departments; and, provided further, if the city council determines that
further testimony or argument other than such specific information requested is necessary prior to
action by such body, the matter shall either be returned to the planning commission or a public
hearing shall be scheduled before the city council for the receipt of such testimony or argument.
D. City Council Action. The city council may accept, modify or reject the planning commission's
decision, or any findings or conclusions therein, or may remand the decision to the planning
commission for further hearing. A decision by the city council to modify, reject or remand shall
be supported by findings and conclusions. A decision by the city council approving a master plan
shall be accompanied by a schedule for periodic review of the master plan by the planning
commission not less than once every five years following approval until development of the master
plan is substantially complete. The action of the city council in approving or rejecting a decision
of the commission shall be final and conclusive unless within thirty days from the date of such
action an aggrieved party files an application for a writ of certiorari from the Thurston County
Superior Court for the purpose of review of the action taken.
E. Form and Contents of Application for Master Plan Approval. The applicant shall submit the master
plan and supplementary data, including an environmental impact statement if required, to the
planning department. The planning department shall inform the applicant within thirty days of the
date of receipt of the application of any deficiencies found in the master plan application. The
accuracy of all data and information submitted on or with a master plan shall be the responsibility
of the applicant. An application for master plan approval shall include:
1. Textual Information.
a. Name, address, zip code and telephone number of applicant;
b. The names, addresses, zip codes and telephone numbers of all landowners within the subject
property;
c. The names and addresses of all property owners within one thousand feet of the site;
d. The legal description of the subject property;
e. The zoning on the subject property;
f. 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;
g. The number and acreage of each type of dwelling units proposed;
h. 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;
1. The total acreage of each type of nonresidential use, including the approximate floor area and
type of commercial and industrial uses;
17.62-4
J. The source of water supply, including the specific type of facilities involved, their capacities
and the estimated timing of completion of these facilities;
k. 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;
I. 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;
m. Applicable school district(s), fire district(s) or department(s) and other special purpose
districts;
n. The means by which the proposed master plan meets the objectives of Section 17.62.020;
o. 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;
p. The proposed means of financing and allocation of responsibility for providing the utilities
and services required as a result of the development, including off-site facilities and
improvements. These utilities and services shall include, but not be limited to, water, sewer,
streets and highways, schools, fire protection, parks, storm water control and disposal of
wastes, including toxic wastes (if any);
q. When no environmental impact statement is required, identify major anticipated adverse
environmental impacts and specify mitigating measures, including off-site improvements;
r. Information on land areas adjacent to the proposed master plan to indicate the relationships
between the proposed development and that which is existing and proposed in adjacent areas,
including land uses, existing structures, ownership, tracts, streets and unique natural features
of the landscape;
s. The means of meeting any other requirements imposed as a condition of conceptual approval
of the master plan.
2. Master Plan Map and Supporting Maps. A master plan map and any maps necessary to show
the major details of the proposed master plan must contain the following minimum
information at an appropriate scale, as determined by the planning department:
a. The boundary lines of the subject property, scale and north arrow;
b. Existing site conditions including water courses, wetland area, flood plains, 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;
c. Location and nature of each land use, including type and density of dwelling units and type
of commercial, industrial and other uses;
d. Approximate location of existing and proposed arterial and collector streets and major
pedestrian and bicycle routes, and a multimodal transportation plan;
e. The approximate location and size of all areas to be conveyed, dedicated or reserved as
common open spaces, public parks, recreational areas, school sites, fire stations and similar
public and semipublic uses;
f. Master drainage plan, including storm water control;
g. Development phasing;
17.62 - 5
h. Open space network;
1. Existing and proposed sanitary sewers and water lines;
J. Information on land areas adjacent to the proposed master plan to indicate the relationships
between the proposed development and that which is existing and proposed in adjacent areas,
including land uses, existing structures, ownership tracts, streets and unique natural features
of the landscape;
k. Any additional information as required by the planning department necessary to evaluate the
character and impact of the proposed master plan (e.g., soils, geology, hydrology or ground
water).
17.62.070 Timing of master plan submittal.
A. If a master plan is not submitted within three years from the date of conceptual plan approval, and
an extension of time has not been granted, the conceptual plan approval shall expire and the zoning
classification shall automatically revert to the classification in effect prior to conceptual approval.
Upon such reversion, projects and developments approved subsequent to or with conceptual
approval and prior to expiration, and not authorized by the classification to which the area has
reverted, shall become nonconforming uses.
B. Knowledge of expiration date and initiation of a request for extension of approval time is the
responsibility of the applicant. The city will not provide notification of expirations. All requests for
an extension of time must be submitted to the planning department at least thirty days prior to
expiration of conceptual approval. The planning department shall schedule the request for extension
for public hearing before the planning commission upon such notice and in accordance with the
conceptual approval procedures of this chapter. An extension may be granted for up to three years
at a time, if the commission finds that an extension would be in the public interest and that delay
in submitting the master plan was for good cause. If an extension of time is approved, the master
plan shall be subject to all new and amended regulations, requirements, policies or standards which
are adopted after the date of conceptual approval.
17.62.080 Approval of specific development proposals. Subdivisions, planned industrial developments,
planned residential developments and other specific development actions, when consistent with the
provisions of the master plan and conceptual approval, may be approved according to applicable code
requirements. These actions may be taken concurrent with or subsequent to approval of the master plan
and may accompany development of the site in phases. Review of such actions shall be subject to the laws
and regulations which would be applicable to such an action regardless of its inclusion within a master
plan.
17.62.090 Implementation of master plan--Periodic review.
A. Review Schedule. The planning commission shall review the status of development pursuant to the
master plan in accordance with a review schedule adopted as a condition of the master plan. Review
shall occur not less than once every five years until development of the master plan is substantially
complete.
B. Result of Review. If the planning commission finds that substantial completion of development
projected for a given review phase has been accomplished, and that development has met and is
projected to meet the terms and intent of the master plan and other applicable plans and policies,
the planning commission may authorize the subsequent phase. If the planning commission finds that
these criteria have not been met, the planning commission may extend the period for completion
of that phase or terminate master plan approval for subsequent phases. In determining whether to
extend or terminate, the planning commission shall consider the reasons completion has not
occurred and whether the public interest would be best served by extension or termination.
17.62-6
17.62.100 Administration and enforcement.
A. Building permits and other permits required for the construction or development of property under
the provisions of this chapter shall be issued only when the work to be performed meets the
requirements of the master plan.
B. Minor Administrative Alterations. Once a preliminary plat or other development permit within the
master plan area has been reviewed and approved, it shall not be altered unless approved by both
the planner and the public works department upon a determination that the alteration is not
substantial enough to constitute an amendment to the master plan.
C. Parties Bound. Once the master plan is approved, all persons and parties, their successors, heirs
or assigns, who own, have or will have by virtue of purchase, inheritance, assignment or otherwise,
any interest in the real property within the proposed master plan, shall be bound by the terms and
conditions of approval of the master plan and the provisions of this chapter.
D. Platting Requirements. The division of property for sale, lease or transfer shall comply with the
requirements of the subdivision ordinance, Title 16 of the Yelm Municipal Code.
E. Amendments to Master Plan. The planning commission may make amendments to the master plan
or the zoning as long as the changes are consistent with other applicable city plans and policies.
Such changes shall be considered pursuant to the procedures for master plan approval as contained
in this ordinance, except that the planning commission's decision shall be final unless appealed to
the city council.
17.62 - 7
Chapter 17.63
MOBILE/MANUFACTURED HOMES
Sections:
17.63.010 Intent
17.63.020 Definitions
17.63.030 Permitted where
17.63.050 Mobile homes--Development guidelines
17.63.055 Mobile home subdivision--Review
17.63.060 Mobile home subdivision design standards--Site area
17.63.070 Mobile home subdivision design standards--Lot requirements
17.63.080 Mobile home subdivision design standards--Off-street parking
17.63.090 Mobile home subdivision design standards--Open space
17.63.100 Mobile home subdivision design standards--Accessory buildings
17.63.105 Mobile home park site plan review
17.63.110 Mobile home park design standards--Area and density
17.63.120 Mobile home park design standards--Site requirements
17.63.130 Mobile home park design standards--Off-street parking
17.63.140 Mobile home park design standards--Open space
17.63.150 Mobile home park design standards--Accessory buildings and structures
17.63.160 Mobile home park design standards-- Landscaping and screening
17.63.170 Mobile home park design standards--Ingress and egress
17.63.180 Mobile home park design standards--Interior street dimensions
17.63.190 Mobile home park design standards--Surfacing requirements
17.63.200 Mobile home park design standards--Stormwater runoff
17.63.010 Intent. It is the intent of this chapter to:
A. Permit the location of mobile homes as a permanent form of dwelling unit in certain districts and
as an accessory use or a temporary use in certain other districts;
B. Provide standards for the development and use of mobile homes appropriate to their location and
their use as permanent, accessory or temporary facilities;
C. Designate appropriate locations for such dwelling units;
D. Ensure a high quality of development for such dwelling units to the end that the occupants of mobile
homes and the community as a whole are protected from potentially adverse impact of such
development or use;
E. Provide for city review of proposed mobile home parks and subdivisions;
F. Make a distinction between mobile home parks and mobile home subdivisions, and their
development and occupancy characteristics.
17.63.020 Definitions.
A. "Facia" means a type of wainscoting which encloses the lower part of the mobile home, covering
wheels and undercarriage.
B. "Footing" means that portion of the support system that transmits loads directly to the soil.
C. "Ground set" means the installation of mobile homes with crawl space elevation three inches or
more below elevation of exterior finished grade.
D. "Main frame" means the structural component on which is mounted the body of the mobile home.
E. "Pier" means that portion of the support system between the footing and the mobile home, exclusive
of caps and shims.
17.63-1
F. "Support system" means a combination of footings, piers, caps and shims that will, when properly
installed, support the mobile/manufactured home.
G. "Mobile/manufactured home" means a vehicular, portable structure(s) built on a chassis designed
to be used as a residential dwelling, and which is not designed to be permanently affixed to a
foundation and containing plumbing, waste disposal and electrical systems similar to conventional
homes, and which bears an insignia issued by a state or federal regulatory agency indicating that
the mobile/manufactured home complies with all applicable construction standards of the U.S.
Department of Housing and Urban Development definition of a manufactured home. Neither a
commercial coach, recreational vehicle or factory-built home are a mobile/manufactured home.
H. "Mobile home park" means an area of land, in single ownership, on which ground space is made
available for the location of mobile homes (or trailers) on a month-to-month or yearly lease basis.
Said mobile homes would generally be owned by the occupants who pay a fee for the use of the
ground space. The mobile home units remain essentially portable and may be moved from time to
time.
I. "Mobile home subdivision" means an area of land, platted in accordance with the subdivision or
platting regulations of the city and the state of Washington, in which each parcel or lot is designed
and intended to be owned in fee by a person or persons also owning and occupying the mobile
home structure situated on said lot. The mobile home units remain essentially fixed on permanent
foundations and generally are moved onto the site in their entirety or in sections only at the time
of initial construction. Structures in mobile home subdivisions shall meet current HUD or UBC
construction standards.
17.63.030 Permitted where. Mobile homes are permitted as follows:
A. As a primary use on individual lots in all residential districts (R-4, R-6 and R-lO);
B. As a primary use in a mobile home subdivision of not less than five nor more than forty acres in
the:
1. Low-density residential district (R-4);
2. Moderate-density residential district (R-6);
3. As part of a planned residential development as provided for in Chapter 17.60 of this title.
C. As a primary use in a mobile home park of not less than three acres nor more than twenty acres.
Mobile home parks are permitted in the following districts:
1. Moderate-density residential district (R-6);
2. High-density residential district (R-lO).
D. As an accessory use for security or maintenance personnel in the following districts, subject to site
plan review:
1. Heavy commercial zone (C-2);
2. Industrial! warehouse district (I/W);
3. Industrial district (I);
4. Open space/institutional district.
E. As temporary or emergency use in:
1. Any district as part of a construction project for office use of construction personnel or
temporary living quarters for security personnel for a period extending not more than ninety
days beyond completion of construction. A thirty day extension may be granted by the city
17.63-2
manager upon written request of the developer and upon the manager's finding that such
request for extension is reasonable and in the public interest;
2. Any district as an emergency facility when operated by or for a public agency;
3. In the open space/institutional district where a community need is demonstrated by a public
agency such as temporary classrooms or for security personnel on school grounds.
17.63.050 Mobile homes--Development guidelines
A. The following sections of Chapter 296-150B, Washington Administrative Code (WAC), as now or
hereafter amended, are incorporated by reference herein: 200 (General installation requirements),
210 (Inspections), 225 (Building site preparation), 230 (Foundation system footings), 235
(Foundation system piers), 240 (Foundation system plates and shims), 245 (Foundation facia), 250
(Anchoring systems) and 255 (Assembly).
B. Mobile home porches shall not exceed the following maximum dimensions: front, four feet by eight
feet; rear, three feet by four feet
C. Mobile home width shall be no less than a minimum of twenty-four feet.
D. The age of a mobile home, as reflected on the title, shall not exceed a maximum of five years at
the time of installation.
17.63.055 Mobile home subdivision--Review. All mobile home subdivisions shall be reviewed and
approved according to the provisions of Title 16 of the Yelm Municipal Code.
17.63.060 Mobile home subdivision design standards--Site area. Mobile home subdivisions shall
comply with the same minimum performance and design standards of conventional housing in the zoning
districts in which they are permitted. However, mobile homes shall not be constructed or used as
duplexes. The minimum site for mobile home subdivisions shall be five acres. The maximum site for
mobile home subdivisions shall be forty acres.
17.63.070 Mobile home subdivision design standards--Lot requirements. The size and shape of lots
shall be as follows, provided they adhere to the density requirements:
A. In low-density districts (R-4):
1. Minimum lot area: five thousand square feet;
2. Minimum lot width:. fifty feet;
3. Minimum front yard:
On minor streets, twenty-five feet,
On major streets, thirty-five feet,
On flanking streets, fifteen feet;
4. Minimum side yards:
Minimum on one side, five feet,
Minimum total both sides, twelve feet;
5. Minimum rear yard: twenty-five feet;
6. Maximum building coverage: thirty percent;
B. In moderate-density districts (R-6):
1. Minimum lot area, five thousand square feet,
2. Minimum lot width, fifty feet,
17.63 - 3
3. Minimum front yard:
On minor streets, twenty-five feet,
On major streets, thirty-five feet,
On flanking streets, fifteen feet;
4. Minimum side yards:
Minimum on one side, eight feet,
Minimum total both sides, sixteen feet,
5. Minimum rear yard: twenty-five feet;
6. Maximum building coverage: forty percent;
17.63.080 Mobile home subdivision design standards--Off-street parking. Off-street parking shall be
provided in accordance with Chapter 17.72 of this title.
17.63.090 Mobile home subdivision design standards--Open space. Open space dedications or fees-in-
lieu thereof, shall be provided according to Chapter 14.12.
17.63.100 Mobile home subdivision design standards--Accessory buildings. Accessory buildings on
individual lots shall comply with the regulations for such buildings as provided in the zoning district in
which the subdivision is located.
17.63.105 Mobile home park site plan review. Mobile home parks shall be reviewed and approved as
site plans according to Chapter 17.84.
17.63.110 Mobile home park design standards--Area and density. The minimum site for a mobile
home park shall be three acres. The maximum site for a mobile home park shall be twenty acres. The
maximum number of mobile homes per acre shall be eight.
17.63.120 Mobile home park design standards--Site requirements. The size and shape of individual
mobile home sites in mobile home parks shall be in accordance with the following:
A. Minimum space area: four thousand square feet;
B. Minimum width: forty feet;
C. Minimum depth: eighty feet;
D. Minimum setback from street or access road: twenty feet;
E. Maximum development coverage of space: fifty percent;
F. Not less than fifteen feet of space shall be maintained between mobile home units or any part
thereof, nor shall any mobile home unit be closer than fifteen feet from any other building in the
park, or from the exterior property line bounding the park.
17.63.130 Mobile home park design standards--Off-street parking. Off-street parking shall be provided
in accordance with Chapter 17.72 of this title.
17.63.140 Mobile home park design standards-Open space. Open space dedications or fees-in-lieu
thereof shall be provided according to Chapter 14.12.
17.63.150 Mobile home park design standards--Accessory buildings and structures.
A. Buildings or structures accessory to individual mobile homes are permitted, including enclosed
carports, provided that the total development coverage of the space shall not exceed the
development coverage permitted in Section 17.63.120.
17.63 - 4
B. Buildings or structures accessory to the mobile home park as a whole, and intended for the use of
all mobile home occupants are permitted, provided the building area not exceed one-fourth of the
common open space area.
17.63.160 Mobile home park design standards--Landscaping and screening.
A. To comply with specific landscaping requirement in Chapter 17.80.
B. Refuse.
1. Refuse container screening shall be required and be of a material and design compatible with
the overall architectural theme of the associated structure, shall be at least as high as the
refuse container, and shall in no case be less than six feet high.
2. No refuse container shall be permitted between a street and the front of a building.
3. Refuse collection areas shall be designed to contain all refuse generated on site and deposited
between collections. Deposited refuse shall not be visible from outside the refuse enclosure.
17.63.170 Mobile home park design standards--Ingress and egress.
A. Each mobile home site shall have access from an interior drive or roadway only.
B. Access to the mobile home park shall be limited to not more than one driveway from a public street
or road for each two hundred feet of frontage.
17.63.180 Mobile home park design standards--Interior street dimensions.
A. No mobile home park shall be constructed to block connecting streets shown or proposed as part
of the Yelm comprehensive plan.
B. All interior private streets of the park shall have dimensions not less than:
1. 30 feet, as per Development Guidelines, Section 4B.070;
2. Street with parking permitted, seven feet additional for each side on which parking is
permitted.
C. Mobile home parks shall connect with traffic and pedestrian ways on all abutting or connecting
streets.
17.63.190 Mobile home park design standards--Surfacing requirements. 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 or hard surfaced.
17.63.200 Mobile home park design standards--Stormwater runoff. All stormwater runoff shall be
retained, treated and disposed of on site or disposed of in a system designed for such runoff and which
does not flood or damage adjacent properties. Systems designed for runoff retention and control shall
comply with specifications provided by the city and shall be subject to its review and approval, and shall,
moreover, comply with Chapter 5 of the Yelm Development Regulations, Drainage Design and Erosion
Control Standards for the City of Yelm.
17.63 - 5
Chapter 17.65
DAY CARE FACILITIES
Sections:
17.65.010 Definitions
17.65.020 Family day care homes
17.65.030 Child day care centers
17.65.010 Definitions. For purposes of this title, the following terms shall be defined as follows:
A. "Child day care" means the providing of supplemental parental care and supervision for a child or
children who are not related to the provider, on a regular basis for less than twenty-four hours a
day and under license by the Washington State Department of Social and Health Services. The term
does not include babysitting services of a casual, non-recurring nature or in the child's own home.
The term is further not intended to include cooperative, reciprocative child care by a group of
parents in their respective homes.
B. "Child care facility" means a building or structure in which an agency, person or persons regularly
provide care for a group of children for periods of less than twenty-four hours a day. Child day
care facilities include family day care homes, and child day care centers regulated by the
Washington State Department of Social and Health Services, as presently defined in Chapter 74.15
RCW and Chapter 388-73 WAC as such statute or regulations may hereafter be amended.
C. "Family day care home" means a facility in the family residence of the licensee who regularly
provides direct care for twelve or fewer children, within an age range of birth through eleven years
for periods of less than twenty-four hours.
D. "Child day care center" means a facility providing regularly scheduled care for a group of thirteen
or more children within an age range of one month through twelve years, for periods of less than
twenty-four hours.
17.65.020 Family day care homes. A family day care home shall be permitted in all zoning districts of
the city wherein 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. The lot size, building size, setback and lot coverage shall conform to the standards of the zoning
district in which it is located unless such structure is a legal nonconforming structure;
C. Such use shall meet the parking requirements of Chapter 17.72 relating to off-street parking and
loading;
D. Each family day care home shall be limited to one flush-wall sign having a maximum area of two
square feet;
E. 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.
17.65.030 Child day care centers. A child day care center, 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. A child day care center, proposed to be established in any residentially zoned district, neighborhood
commercial development, mixed use planned development or central business district, shall only
be allowed after the issuance of a special use permit pursuant to Chapter 17.66 relating to special
uses. A child day care center proposed for any other district of the city shall be allowed in the
manner specified for such district and subj ect to the terms of Section 17.65.030.
17.65 - 1
B. 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.
C. 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.
17.65 - 2
Chapter 17.66
SPECIAL USES
Sections:
17.66.010 Intent
17.66.020 Special uses
17.66.040 Environmental performance standards
17.66.050 Design standards
17.66.060 When granted
17.66.070 Application form
17.66.080 Public hearing
17.66.090 Notice of public hearing
17.66.100 Action by city council
17.66.11 0 Action by city council-- Appeal
17.66.120 Noncompliance--Penalty
17.66.010 Intent. It is the intent of this chapter to:
A. Provide for the location of certain types of uses, services and facilities which, because of their
unique characteristics, cannot (or should not) be limited to or automatically included in specific land
use classification districts;
B. Permit essential services and facilities which are needed or may be needed by or in the community,
but the exact nature, scale or location of which cannot be foreseen or predicted;
C. Establish development guidelines for such uses and facilities in order that properties adjacent to such
uses, especially properties which are of clearly different character from the use or uses identified
in this chapter, are reasonably protected from adverse effects or impact of these special uses;
D. Authorize the city to impose reasonable conditions, restrictions and development requirements on
special uses as may be deemed appropriate for a special use in any given land use district;
E. Provide for a review process which will enable city officials, the general public and proponents of
special uses to evaluate the need, location, scale and development characteristics of said uses and
their impact on adjacent properties and the community as a whole, to the end that such uses may
be approved, modified or disapproved fairly and objectively;
F. It relieves the ordinance codified in this title and its enforcement officials from the burden of trying
to identify every district in which a specific and unique use should be included as a special use;
G. Just as other chapters of this title try to achieve flexibility by describing rather than listing permitted
uses in each district, this chapter should contribute to the desired flexibility by recognizing the
limits of predictability;
H. It further enhances flexibility since the development guidelines for a particular use may vary
depending upon the specific location for which it is proposed.
17.66.020 Special uses. Specific types of special uses permitted in accordance with the intent of this
chapter, and subject to reasonable conditions imposed by the city, are categorized and identified as
follows:
A. Personal or community service facilities such as:
1. Nursery schools and preschools,
2. Child day care centers when proposed in those districts specified in Chapter 17.65,
3. Funeral parlors, mortuaries and crematoria,
4. Senior citizen centers,
17.66 - 1
5. Nursing homes, convalescent care facilities, congregate care facilities and
6. Cemeteries;
B. Places of public assembly, including:
1. Churches (or other places of worship),
2. Sports arenas or stadia,
3. Fraternal organizations and lodges, and
4. Private clubs;
C. Public utilities and their appurtenances, such as:
1. Electrical substations,
2. Pumping, lift stations or similar regulatory appurtenances for the transmission or distribution
of electricity, natural gas, water, oil or steam and storage tanks for any of the above,
including water towers,
3. Solid waste disposal facilities, including transfer stations, incinerators and sanitary landfills,
4. Radio, television or telephone stations, exchanges, transmitting, receiving or relay structures,
and
5. Wastewater reclamation, reuse and recycling;
D. Public safety and emergency response facilities, including:
1. Police stations,
2. Fire stations,
3. Emergency medical centers, and
4. Hospitals;
E. Public and private transport/maintenance facilities, including:
1. Airports, landing strips, heliports or helipads, including waterborne craft,
2. Marinas, docks, piers or breakwater devices, regardless of size or purpose,
3. Railroad terminals, switching facilities, maintenance or repair shops and spurs,
4. Bus terminals, storage or maintenance facilities,
5. Automobile parking facilities or structures other than those specifically required in Chapter
17.72 in connection with permitted uses,
6. Corporation yards;
F. Uses which are similar or related to those uses described in subsections 17.66.020(A-E).
17.66.040 Environmental performance standards.
A. Special uses shall comply with the environmental performance standards as described in Chapter
17.57 of this title, and may be required to comply with stricter standards upon a finding by the city
that stricter standards are necessary and reasonable to protect adjacent properties or the health or
general welfare of the community. '
B. Specific requirements are established in this chapter for certain special uses. In the event that the
specific requirements are found to be in conflict with the requirements of the use district in which
the special use is to be located, the requirements of this chapter shall govern.
17.66 - 2
17.66.050 Design standards.
A. The design standards for permitted uses in a given district shall be the initial base of reference in
determining the design standards for special uses in the same district.
B. The approval authority and/or the site plan review committee is authorized to alter or vary the
design of the district for a special use when such alteration or variation is found to be reasonable
to protect adjacent properties or the health or general welfare of the community.
C. Design standards which may be altered or varied for special uses include but are not necessarily
limited to the following:
1. Size and shape of lots (i.e., minimum area, width, depth, setbacks and building heights);
2. Maximum building coverage;
3. Maximum development coverage;
4. Off-street parking and loading;
5. Landscaping, buffering and screening.
D. Each alteration under subsection "C" above as shall be identified as to purpose and connection with
protection of residential properties and pedestrian circulation.
E. All development requirements established for a special use in a given district shall be documented
in appropriate written and/or graphic form so as to provide a permanent public record to assure
compliance prior to, during and after construction of the special use.
17.66.060 When granted. A special use permit may be granted by the city council, after public hearing
and review by the planning commission, for those uses requiring such permits as provided for in this title.
17.66.070 Application form. A written application for a special use permit shall be submitted to the
planning department on forms as prescribed by the planning department, and shall include such
information as requested thereon. No application shall be accepted unless it complies with such
requirements.
17.66.080 Public hearing. At least one public hearing on any proposed special use permit shall be held
by the planning commission.
17.66.090 Notice of public hearing. Notice of public hearing shall be the same as in Chapter 17.96 of
this title.
17.66.100 Action by city council. In reviewing a special use permit, the city council, upon the
recommendation of the planning commission, shall impose all requirements for such use, as prescribed
in this title and other conditions and safeguards as are necessary to secure adequate protection for the
locality in which the use is to be permitted. The city council shall establish a time limit within which
action for which the special use is required shall be begun or completed, or both.
17.66.110 Action by city council--Appeal. The city council may accept, modify or reject the planning
commission's recommendation and any findings or conclusions therein on any special use permit, or may
remand the decision for further hearing. A decision by the city council to modify, reject or remand shall
be supported by findings and conclusions. The action of the city council in approving or rejecting a
recommendation of the planning commission shall be final and conclusive unless within thirty days from
the date of such action an aggrieved party obtains a writ of certiorari from the Thurston County Superior
Court for the purpose of review of the action taken; provided, that appeals from a decision to grant, deny
or rescind a shoreline permit shall be governed by the provisions of Chapter 90.58 RCW.
17.66.120 Noncompliance--Penalty. If the approval authority determines that there has been continuing
noncompliance with the conditions of a special use permit previously granted by the city council, such
officer shall schedule a public hearing before the city council for purpose of hearing and making
17.66 - 3
recommendation to the city council regarding the revocation, suspension or modification of such special
use permit. Refusal by the approval authority to so schedule a hearing shall be deemed to be an
administrative decision, subject to appeal by an aggrieved party pursuant to the provisions of this code.
17.66 - 4
Chapter 17.69
HOME OCCUPATIONS
Sections:
17.69.010 Intent
17.69.020 Defined
17.69.030 General requirements
17.69.040 Permitted where
17.69.050 Development and performance standards
17.69.060 Permit, application, fee
17.69.070 Permit, notice of application, procedure
17.69.080 Permit, revocation
17 . 69.090 Appeal procedure
17.69.1 00 Notice of permit revocation or denial
17.69.11 0 Business license and tax applicable
17.69.010 Intent. It is the intent of this chapter to:
A. Permit residents of the community a broad choice in the use of their homes as a place of livelihood
and the production or supplementing of personal/family income;
B. Protect residential areas from potential adverse impact of activities defined as home occupations;
C. Establish criteria and development guidelines for the use of residential dwelling units for home
occupations.
17.69.020 Defmed. "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 as defined
in Chapter 17.65 is defined as a home occupation.
17.69.030 General requirements.
A. Home occupations shall occupy not more than twenty-five percent of the total floor area of the
residence. In no event shall such occupancy exceed four hundred square feet, nor shall an accessory
building for such home occupation exceed five hundred square feet, nor shall the total floor area
in the residence and/or an accessory building exceed five hundred 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.
D. Vehicle repair, alteration or rebuilding shall not be permitted as a home occupation.
17.69.040 Permitted where.
A. Home occupations are permitted as a matter of right in any residential district provided that:
1. No merchandise or stock in trade is sold or displayed on any exterior portion of the
premises;
2. No equipment or material is stored, altered or repaired on any exterior portion of the
premises.
17.69 - 1
17.69.050 Development and performance standards.
A. Home occupations shall emit no noise, air pollutants, waste products or other effects detrimental
to the environment or the neighborhood beyond those normally emanating from residential use.
B. Home occupations shall comply with the following conditions:
1. 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
development guidelines permitted for structures in the zoning district in which the premises
are situated;
2. Traffic generated by home occupations shall not exceed three commercial vehicles per week.
All parking of customers' or clients' vehicles shall be off street;
3. 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;
4. 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 the criteria of subsection 17.69. 050(B)(1), except as
provided in Section 17.57.060 of this title.
17.69.060 Permit, application, fee. All applications for a home occupation permit shall be made to the
city clerk on such forms as may be described from time to time by the city and shall contain all
information relevant to the conditions set forth in Section 5.44.010. Every such application shall be
accompanied by a filing fee as set by resolution of the city council.
17.69.070 Permit, notice of application, procedure. Within ten days after receipt of an application for
a home occupation permit, the city clerk shall cause notice thereof to be published in the official
newspaper of the city. Such notice shall include the name and address of the applicant, identification of
the premises where the proposed home occupation will be conducted, and a description of the nature of
the proposed home occupation. No public hearing shall be required; however, the city will entertain
written and oral comment from the public regarding the proposed home occupation. If no adverse
comments are submitted to the city clerk within ten days following publication of the notice provided in
this section, the city clerk may issue the home occupation permit, provided that all other conditions of
this chapter are met. In the event adverse comments are submitted within the ten-day period prescribed
in the preceding sentence, or in the event the city clerk finds that the proposed occupation does not .
otherwise meet the conditions of this chapter, such application shall be submitted to the city council for
action at its next regular meeting. Notice of any action of the city clerk as provided in this section shall
be mailed to the applicant within two days of the date such action is taken.
17.69.080 Permit, revocation. A home occupation permit issued pursuant to this chapter may be revoked
by the city council upon determination that there has been a violation of any condition imposed by this
chapter. Home occupation permits shall not be revoked unless and until written notice of each alleged
violation of the condition of this chapter shall have been mailed, by certified mail, to the permit holder
and not less than fifteen days shall have elapsed from the date of such mailing. During such fifteen-day
period, the permit holder must show compliance with all conditions imposed by this chapter or otherwise
show cause why the permit should not be revoked and, upon failure of the permit holder to so do, the
city council shall revoke the permit at its next regular meeting.
17.69.090 Appeal procedure. Any person aggrieved by the determination of the city clerk to grant a
home occupation permit may appeal such determination to the city council. Any person aggrieved by the
determination of the city council to grant, deny or revoke a home occupation permit may appeal to the
city council for reconsideration of such determination. Any appeal made pursuant to this section shall be
in writing and filed with the city clerk within thirty days from the date of the determination being
appealed, and shall contain a complete statement of the grounds upon which such appeal is based. Any
17.69 - 2
appeal filed in compliance with this section pertaining to the revocation of a home occupation permit shall
stay the revocation of such permit pending reconsideration by the city council.
17.69.100 Notice of permit revocation or denial. Whenever a home occupation permit is revoked or
an application therefor is denied, written notice of such revocation or denial shall be mailed, by certified
mail, to the permit holder or applicant, together with a written statement of the findings upon which the
revocation or denial is based and a statement of the appeal procedures provided in this chapter.
17.69.110 Business license and tax applicable. Any person engaging in a home occupation as provided
in this chapter shall also be subject to the licensing and taxing provisions of Chapter 5.04.
17.69 - 3
Chapter 17.72
OFF-STREET PARKING AND LOADING
Seeti8B5:
17.72.010 Iatem:
17.72.020 CeFleral reqHirem@nts
17.72.030 MiFlimHm rBqHiram@R.tE
17.72.040 Off street loading
17.72.045 Buffer strifJs
17.72.050 DenlopH'leat gblidslinsE
17.72.919 Il'tteBt. It is tHe iateflt ef tHis SHatltsr to:
l.. Assure tHat spaee is pro'jiaea fm the 13arkiag, leaaiFlg frHd uFlloadiHg of motor veHieles OFl the site
ef flremisss or liSSS whisa attrast said H'leltor ':eaieles;
B. Provide H'liFlimHH'l staFldards of sflaee aRd fJarkiRg arraBgements, aRG for tbe melvemeat of motor
vehicles iFlto aRd Ollt of sblea s1311ees;
C. ,^.void or reduce traffic cElRgestieR on pblblie streets by:
1. KeefJiHg the Fleed for OR street parkiFlg to a H'liHiffil1ffi, aHa
2. COHtrolliHg aeeess to sites;
D. EHhanee safety for pedestrians afld meter ysaiclB 8f!@ratof&;
D. [ncottrage the ere:atiefi of aH acsthetically pleasiHg and fuHetionally adequate system of off strse'
l'larkiRg aRclloadiFlg faeilities.
17.72.929 CeBeral refl1:HremeRts.
A. Off street parkifig spaees and dri"leyvays SHall Hot be blsecl at !lft)' tiH'le f-er purposes ether taliFl their
iHtSHded HES, i. S., the temporary storage of motor Y8hie1es blSBG by persons ':isiting or haviRg
sHsiHe3s tel eOHal1et OFl tHe 13reH'lises for ','.hieH tHe l?arkiHg is provielea.
Ii. MiRimHm flarldng spaee rel:}Hir8G aRG iHtlilRG@Q ror I1E8 by o~~ypaR.tE or usen; of specific pn~mislils
shall Hot 1:le leasecl or reRted tEl elthers, nor shall such space be H'lade uHftyailab1e through other
msans to tHe Hsars [.or "-'Ham tRs parkiRg spaees are intsnded. TRis, ho,'"eyer, deles not preelblae
shared parkiRg arrangemeats.
C. Exeept where speeifieally permitted in eertaiR zOBiRg distriets, off street fJarking spaces shall not
be blsea fC)f lelaGiRg or blaleadiRg of eommereial vehicles larger thaR those '"ehicles for '.vhieh the
flarkiRg sfJas8s are iRtsR4se.
D. Whene'o'er a bl1ilcliRg or a 13ieee of land is pblt to a blse different from the immeaiately preeediRg use,
or wheH a eblilding is remeaeled, reeoRstrueted or eXfJaRded, adeEJ.blate elff street 13arkiHg shall se
prEl'liaea eORsisteat '.vith the nevI llse, reeoflstruetielH or eXflaHsion of the preH'lises.
17.72.939 MinimlHH rel'l1:HremeBts.
,Ai. The reql1ireH'leHts for off street parking and loading facilities and their design shall be regarded as
the miBimym; hO'.'.'8y@r, tHe 8wner, de'leloper or operator of the premises for ",'.,'kieh the flar1cing
faeilities are iRteHded saall be respoHsible for j3reviding adequate affiouftt3 alia arrangeffieHt of sflaee
f9r tHe partkylar premises @YSFl tl1Ol:lgH SHea spase er its arraagemeRt is in exeess of the H'liniFnum
sst f><orta iB this SRatlt8r.
B. The reE}blireH'leRts fer ~ blse RElt listed hereiR shall be those of the listed use ffiost similar te the
YFllisteG YS8. WheR similarity is Rot appareat, tae appfCl'/al IHitherity aHa/5r the site plan review
eeHlB'littee SHall G8t8rmiR8 the miFliHH:lm fer the l:lBlistilG 1:Ise.
17.)'2 - 1
C. Fer !Jfleeial1:is~, as ideIHified and described iR Chapter 17. €i€i of this title, the flarldHg reqtlirement
sfla-ll Be 8:3 pra'tiaea iH t.fiM ehtipter ar 8:3 aetel':ffiiHea by the site plan revk~ eormnittc.c..
D. Residemial Uses.
.Number ef Spaces Per
D-.vellinl! Unit
SiHgle fam.ily homes 1
Duplexes 2
Multi fllffiily a';;elliHgs 21
Plus two teHths spaee per dwelliHg unit iH buildiHgs eOHtlliHiHg five or more d';;elliag units
E. .Mebile Homes.
Nmnber of Spaces Per
D':;ellin~ Unit
IF! mobile heme El:lbdivisioRs 1
IFl mobile home parlffi 1
IR mobile home parks the parkiRg spaces iR excess of ORe per mobile home may be grotlped in
, shared parkiHg are8:3.
r. COffiffiereial Uses.
i. IR the seyeral eElHlffiereill1 distriets, Elff street parkiag reql:liremeHts shall be as sho.. n hGldn,
provided that all of the profJerty is cORtrolled by a siflgle perseR or carponltion, or writU,n ·
agreemeIHs for shared parkiBg, acceptable to the city, are filed \':ith the approval authority.
.0han~Q parkiBg agr~~m~Rts ar~ accef'tabl~ gRJ.y if tb~ physical ndationship between the
premi~ell makell ~uch ~hariRg possible and resl:llts in sup@rior desigB iH terms of laYEl1:it,
'-aecess,-reduecd curb cuts and the like.
2. In the following list, the parkiHg requiremeHts of specifie uses listed shall be adhered to,
MtllfeQ agreemeRts or siBgle ownership control FlOtwitflstanaiag. Some parldHg reqtlircments
are expressed iR terms of a ratio of parkiRg area ia relffiiEla to gross floor area (CPA) In the.
building. ThereFore, t'.\'O square feet per sqHare foot of CPA means that a fl'-v'e thousand
8l1Hare f-oot building w01:ild ha:'le to provide ten thm:lsaHd sqtlare feet of parking area.
The minimum number of parking spaces is theR determiHed by diYiding thc sqHare restage sf
the parking area by three ffilRdred. In a tea thoHsaoo square foot area, thirty tlm:e spaees wotlld
be:. reqtlired.
Th~ thr~~ hundred square foot per car allows f-Or access drives, aisl~s aHd landscapiag areas,
since the dimensions of each space is approximately niae by tweHt). or ORe flHoored eighty st}l:tllre
feet. The IRHnber of spaces may also be increased ia exeess of the milliffil:lffi reqtlired, clependillg
on size and shape of site and the arraagemeflt Elf spaees ill the area.
C . Industrial Uses.
1. CeHeraL
1 Hotlsing iHteooed for exe1Hsive l:lse of, aRa oeeupied by, seFlior 0itizeflS shall provide one spae8" fer
every three dwelliag units pkls two tenths space per dwelling unit in bl:lildiHgs cOHtaining five or more
d',velling 1:1Bits. Housing in ,-,thieh tee dwelliag Haits are characterized by ORe room enelosiHg allaethrities
(somtltim@s referred to as "baehelor" or "effieiency" Hflits) shall preY/ide €l1le'S;Qd one half parking .sPdC,,,S
for @ach d'.v@lling lffiit, pIllS two t@Bths spacil per dv.'elling Hnit in buildiHgs eOHtaining five elf ffiore
Jwdl~Hg tluits.
"
17.72 2
a. ORe space per employee based OR the greatest Rumber elf employees OR a single shift, plus;
b. One sqtlare foot parkiag per sqtlllrc foot of display or retail arca, plus;
. c. On@ spac@ for each '/ehicle ovmed, leased or elperated by the company.
2. Specific Uscs.
Type of
Use
MiRimwn Parking
Reqtliremcms
Warehouses 1 spac@/lOOO sq. ft. GF:\ plus 1 space/100 sq. ft. of GE\ used for
offices or display
17.12.0<10 Off stngt IgadiDg. Off stri'et IQadiRg Shlll be required for all commercial @stablishmeHts
\'.'hisR are engaged ill th@ nltailiBg or 'Nhol@saling of merchaRdise requiriag regular deliver;' sueh as f00d
retailers, lumber yares, hare',vare stores, depanmeHt stores aRe the like. '
Total Gros?Floor
,,~'~r@a of Building( s) Soac@ R@QHir@d
L@ss than 5,000 sq. ft. 1
5,000 sq. ft. to 25,000 sq. ft. 2
25,000 sq. ft. to 50,000 sq. ft. 3
[aeh additional 50,000 sq. ft.
or fraction thereof ia excess
of 25,000 sq. ft. 1 additielRal
. All off street 10lldiag and unloadiFlg spaces shall b@ of adequate size and with adequate acc@ss thereto to
accommodat@ a '(@hiel@ forty fiv@ feet in I@Hgth, eight feet iFl width aFld f{)Hrteen feet in height. Each
. loading space shall be sllrfac@d with all asphalt, COFlcrete or similar pavement so as to provide a surfaee
that is duraele aRd dHst free and shall b@ so graded and drained as to properly dispose of all surface
-v/ater.
17.72.04S Buffer strips. All parkillg areas 19cated adjac@Ht to any private street or public street
right of '-'lay shall provide a miniml:lHl. five foot planted bHff.er strip bet'....(een tbe parkillg area aRd the
fJrivate street or fJHslic rigbt of 11T~T
17.72.959 DevelapmeBt gtliEleliBes.
A
.......
Parking area design shall i~h.lde:
1. Ingress md Egress. The locatioR of all poims of iRgress and egress to parkiHg areas shall 13e
'6ubject to the review and approval of the city engineer.
2. Backing Out Prohibited. In all comm@rcial and indm;trial d@NelopJ.n@nts aHd ill all resideHtial
bHildings containing five or more d'.'lellillg units, parking areas shall be so arranged as to
make it l:lFlFleCessary for a '/eaicle to back out into any street or public right of "Nay.
:3. Parkiag Spaces .A~ccess and DirneR5ions. f~dequate provisioa SHall be made for indi ..idual
ingress aRd egress by vehicles to all parkiHg stalls at all times by me~ns of tlnobstltlctcd
-manooveriHg aisles. Mimel:l',eriag aisles aHa parldHg stall dimeflsiofls shall be R:3 sftowa ia
Tllb1es 17 2, 17 3 aOO 17 4.
"1. ~mall Car Parking Spaces. In all parking facilities containing t....'emy five or more flarkiHg
spaces, a maximHHl. of t'.veHty fi'/e percent of tae required parking spaces may be reduced
in size for the use of small cars, proyided these spaces shall be dearly identified with a sign
}i8n:RaHeHtly affixed immediately iR from of eaeh space eofttaiaiag the notlttion, "Compacts
Only." SfJaces desigll@d for small cars fH:lfY be reckieed iH size t(') a miaimum of seven ~nd
17.72 J
olle half f-eet in v:idth aBd fift€l@n feet in hmgth. Where feasible, all small car spaces saall be
locat@d in one or more COFl:tiguoH~ areas and/or adjaeeflt to ingrcss/cgrcss point5 w itliiu
parking faciliti@s. Location of compact car parking spaces shall Hot ereate traffic congestion
or impede traffic flo'.'/s.
5. Setback of Buildings from Public Rigat of way.
-.a. When parking is not to b@ provided betweeH the building and the right of way line, thc
building setback shall be:
'''(1) Forty five f@€lt from the centerline of the right of 'Nay; or
(2) Half the right of way width plus fifteen feet, whit:he'vu is greatcr.
b. When parking is to be provided between the building and the right of way line., the bnildillg
setbaek shall bc:
.. (1) Forty five fe€lt (fiv@ feet is for planted buffer strip along right of way line) from the
eeflterline of the right of way; or
(2) Half the right of way v/idth plus five fect (five feet is for planted otIffcr strip along
right of way line), whiche'ler is greater; plus
(3) The distaflee Heeded for appropriate parking and intemal cireulation as shown in the
design standards of Section 17.72.050.
6. Surfacing. ,^JI parking areas for more than four v@hich~s shall b@ surfaced with 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 stlffaee oNater.
B. Storm-water Runoff. :\11 stormwater runoff shall be retained, treated and disposed of on site or
disposed of iH a system G@sigBed for such runoff and v/hich does not flood or damage adjaeeat
properties. Systems desigfled for runoff reteFl:tion and control shall comply with speeifieaticlBs
provided by the city and shall be subject to its reviev/ and approval, and shall, moreOOter, comply
,,:ita Chapt@r 5 of ta€l Y@lm D@\'@lopment Regulations, Drainage Design and Erosion Control
St<111d,hd5 for the. City of Yelm.
J'
/'
17.72 -4
Chapter 17.80
LANDSCAPING REQUIREMENTS
Sections:
17.80.010 Statement of intent
17 . 80.020 General requirements
17.80.030 Special requirements
17.80.050 Types of landscaping
17.80.060 Alternative landscaping option
17.80.070 Species choice
17.80.080 Maintenance of plant materials
17 . 80.090 Performance assurance
17.80.100 Landscape features
17.80.010 Statement of intent. The purpose of this chapter is to establish minimum requirements and
standards for landscaping and screening where needed to promote safety, to provide screening between
incompatible land uses, to safeguard privacy and to protect the aesthetic assets of the city.
17.80.020 General requirements.
A. A plot plan of the proposed landscaping and screening shall be submitted for preliminary plat, site
plan review, administrative design review or building permit review.
B. Landscaping plans shall be drawn to scale, including dimensions and distances, and clearly delineate
existing and proposed parking spaces or other vehicular use area, access aisles, driveways, the
location, size and description of all landscape materials (new and existing), setback lines, buildings
(structures)--proposed and existing--and identify existing significant trees and/or other landscape
features and topographic elevations.
The applicant shall utilize tree protection techniques approved by the approval authority, site plan
review committee and/or approval authority in order to provide for the continued healthy life of
retained significant trees including during land alteration and construction.
C. The applicant shall submit the information required in subsection 17.80. 020(B). In addition, the
applicant shall provide a drawing including all adjacent property and their uses.
17.80.030 Special requirements.
A. The following uses require Type I landscaping on all sides when located above ground and not
housed within a building or accessory to another use, and if located outside a public right-of-way:
1. Utility substation;
2. Sewage pumping station;
3. Water distribution facility;
4. Communication relay station.
B. Whenever a non-residential activity is proposed adjacent to a residential zone or use, a minimum
fifteen-foot buffer area of Type I landscaping shall be provided along the property boundary
between the uses.
C. The following uses require Type III landscaping along the street frontage and throughout the
required front yard area and Type II landscaping between the required front yard area and
improvements on the property and along interior property lines unless a more stringent requirement
is specifically identified in a land use district:
1. Church;
2. Commercial or public parking lot or structure not serving a primary use;
17.80 - 1
3. Government service building;
4. Community club;
5. School;
6. Hospital.
D. An area around the base of each utility pole, groundmounted sign or similar fixture must be
landscaped to improve the overall appearance of the area. This landscaping must include vegetation
and may include other materials and components such as brick or concrete bases, planter boxes or
decorative framing.
E. In front yard areas required to be landscaped under city requirements, the grass areas shall be
designed and constructed in a manner that will make possible normal maintenance such as mowing
and watering.
17.80.050 Types of landscaping.
A. All residential and non-residential projects with the exception of individual single family residences
shall be required to provide landscaping that satisfies the functions and specific requirements of this
Section 17.80.050.
B. Type I
1. Purpose. Type I landscaping is intended to provide a very dense sight barrier and physical
buffer to significantly separate conflicting uses and land use districts.
2. Description.
a. All plant materials and living ground cover 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. Trees shall be a minimum 1112 inches in 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.
d. A minimum of fifteen feet of width shall be required when Type I landscaping design is
utilized.
C. Type II.
1. Purpose. Type II landscaping is intended to provide visual separation of uses from streets,
and visual separation of compatible uses so as to soften the appearance of streets, parking
areas and building elevation. This landscaping is used around the perimeter of a site and
adjacent to buildings and may be augmented by the applicant with a Type III landscaping to
provide interest along parking lot pedestrian corridors.
2. Description.
a. All plant materials and living ground cover must be selected and maintained so that the entire
landscape area will be covered within five years.
b. Any combination of evergreen and deciduous trees (with no more than fifty 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.
17.80 - 2
c. Trees shall be a minimum of 11h inches in caliper measured six inches above the base at
planting and shrubs must be capable of growing to a minimum of four feet in height, within
five years.
d. When Type II landscaping is used to provide partial screening between uses, a minimum
planting area of eight feet in width shall be provided. When Type II landscaping is used
adjacent to a building, a minimum five-foot planting area shall be provided.
D. Type III.
1. Purpose. Type III landscaping is intended to provide visual relief where clear sight is desired.
This landscaping type 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. Description.
a. This type of landscaping consists of street trees for a large overs tory canopy along streets and
pedestrian corridors and grass or other approved vegetation for ground cover.
b. Turf grass developed for conditions of the northwest shall be planted. Other ground cover
may be used if it is designed to provide green effect for aesthetic relief.
c. Street trees along arterials and collectors shall be those species described in the city's urban
beautification program. Trees used along local access streets or pedestrian walks through
parking lots shall be a species approved by the planning department or approval authority and
shall be chosen for attractiveness, rooting habits, disease and pest resistance and habitat
value. All trees shall be a minimum of 11/2 inches in caliper measured six inches above the
base at planting. Decorative protection may be placed around trees.
d. Earthen berms with grass or other vegetative ground cover 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 Type III 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.
E. Type IV.
1. Purpose. To provide visual relief and shade in parking areas.
2. Description.
a. Required Amount
1) Parking areas shall have at least twenty-four square feet of landscape development for
each parking stall proposed.
2) The requirements in subparagraph (a)(l) above are considered a minimum. Additional
landscape area may be necessary to meet design requirements below.
b. Design
1) Each area of landscaping must contain at least one hundred square feet of area and must
be at least six feet in any direction.
2) Each planting area must contain at least one tree. Planting areas shall be provided with
the maximum number of trees possible given recommended spacing for species type.
Deciduous trees shall have a minimum size of I1h inches in caliper measured six inches
above the base. Evergreens shall have a minimum height of eight feet at planting.
17.80 - 3
3) Live ground cover shall be provided throughout each landscaping area. Ground cover
may be any combination of grass, shrubs and trees that provide the desired effect of
providing visual relief and green space within the parking area. Grassed areas are
recommended. Utilization of beauty bark shall be discouraged and shall not substitute for
live ground cover. Ground cover shall be selected and maintained so that the entire
landscaped area will be covered within three years.
4) A landscaped area must be placed at the interior end of each parking row in a multiple
lane parking area. This area must be at least six feet wide and must extend the length of
the adjacent parking stall.
5) Up to one hundred percent of the trees proposed for the parking area may be deciduous.
A minimum of seventy percent must be deciduous.
6) No parking stall shall be located more than fifty feet from a tree.
7) Landscaping islands and landscape portions of pedestrian corridors may be used for
drainage treatment and given credit on drainage calculations under Chapter 5 of the
Development Guidelines. However, the primary purpose shall remain landscaping and
health of trees and ground cover and aesthetic character shall not be compromised.
Additionally in no case shall the grade between the parking lot surface edge and the
landscape island or pedestrian corridor surfaces be greater than six inches when a swale
concept is utilized and it is intended to meet minimum landscaping space requirements.
F. Type V.
1. Purpose. To provide visual relief in storm water retention/detention areas.
2. Description. The floor and slopes of any stormwater retention/detention area shall be planted
in vegetation that is suitable and will thrive in hydric soils.
17.80.060 Alternative landscaping option.
A. The applicant may request a modification of the landscaping requirements set forth in Sections
17.80.030 of this chapter.
B. The approval authority and/or site plan review committee may approve a modification of the
landscaping requirements of this chapter only if:
1. The proposed landscaping implements portions of an urban forestry program or plan duly
adopted by the city council;
2. The proposed landscaping represents an equal result that could have been achieved by strictly
following the requirements of this chapter; and
3. The proposed landscaping complies with the stated purpose of this chapter.
C. Natural vegetation or stands of trees existing prior to development of the site may be acceptable to
meet all or part of the landscaping requirements.
17.80.070 Species choice. The applicant shall utilize plant materials that complement the natural character
of the Pacific Northwest.
17.80.080 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 areas where new landscaping is being required shall be provided with irrigation systems or shall
be within 75 feet of a hose spigot. Said irrigation systems shall be designed, installed and operated
to maintain the plant materials to the standards detailed in subsection 17.80. 080(A).
17.80 - 4
C. The city shall require a maintenance assurance device for a period of one year from the completion
of planting in order to insure compliance with the requirements of this chapter. The value of a
maintenance assurance device must equal at least twenty percent of the replacement cost of the
landscape materials, and shall be utilized by the city to perform any necessary maintenance, and
to reimburse the city for documented administrative costs associated with action on the device.
D. The city may accept, as an alternative to a maintenance assurance device, a contractual agreement
or bond between the owner/developer and a licensed landscape architect, 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 17.80.080(B).
E. If a maintenance assurance device or evidence of a similar device is required under subsections
17.80.080(B,C), the property owner shall provide the city with an irrevocable notarized agreement
granting the city and its agents the right to enter the property and perform any necessary work.
F. Upon completion of the one-year maintenance period, and if maintenance is not required, the city
shall promptly release the maintenance assurance device or evidence thereof.
G. All trees, plant materials and landscaped areas shall receive sufficient water to be kept in a healthy
and growing manner.
17.80.090 Performance assurance.
A. The required landscaping must be installed prior to issuance of the certificate of occupancy unless
the approval authority or site plan review committee determines that a performance assurance
device, for a period of not more than one year, will adequately protect the interest of the city. In
no case may the property owner/developer delay performance for more than one year.
B. The city may accept, as an alternative to a performance assurance device, a contractual agreement
or bond between the owner/developer and a licensed landscape architect, 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 17.80. 090(A).
C. If a performance assurance device or evidence of a similar device is required under subsections
17.80. 090(A,B), the approval authority shall determine the specific type of assurance device
required in order to insure completion of the required landscaping in accordance with the approved
landscaping plan. The value of this device must equal one hundred fifty 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. If a performance assurance device or evidence of a similar device is required under subsections
17.80.090(A,B), the property owner shall provide the city with an irrevocable notarized agreement
granting the city and its agents the right to enter the property and perform any required work
remaining undone at the expiration of the assurance device.
E. Upon completion of the required landscaping by the property owner, at or prior to expiration of the
assurance device, the city shall promptly release the performance assurance device or evidence
thereof.
17.80.100 Landscape features. Landscape features such as decorative paving, sculptures or fountains
are permitted in the required landscaping area. The area devoted to such a feature may not exceed
twenty-five percent of the required area.
17.80 - 5
Chapter 17.81
ADMINISTRATION AND ENFORCEMENT
Sections:
17.81.010 Generally
17.81. 020 Building permits required
17.81.010 Generally. The approval authority shall be the city administrator or shall be designated by the
city administrator and shall administer and enforce this title. If the approval authority finds that any of
the provisions of this title are being violated, he/she shall notify in writing the person responsible for such
violation, indicating the nature of the violation and ordering the action necessary to correct it. He/she
shall take any action authorized by this title to insure compliance with or to prevent violation of its
provisions.
17.81.020 Building permits required. No building or other structure shall be erected, moved, added to
or structurally altered without a permit therefor, issued by the building official. No building permit shall
be issued by the building official unless the use:
A. Conforms to the requirements of this title; or
B. Has been approved by the approval authority or site plan review committee as a "similar or related"
use as described in the several zoning districts; or
C. Has been approved by the city council as a special use as defined in Chapter 17.66; or
D. Has been granted a variance as provided by this code.
17.81 - 1
Chapter 17.84
SITE PLAN REVIEW
Sections:
17.84.010 Generally--Committee membership
17.84.020 Review by the site plan review committee (SPRC)
17.84.030 Review by the planning commission
17.84.040 Appeal of decision to planning commission
17.84.050 Preliminary site plan
17.84.060 Contents of application
17.84.070 Additional information for review
17.84.080 Amendment of site plan
17.84.090 Performance bond
17.84.100 Duration of approval
17.84.010 Generally--Committee membership.
A. Site plan review and approval shall be required prior to the use of land for the location of any
commercial, industrial or public building or activity, including environmental checklist review, and
for the location of any building in which more than two dwelling units would be contained.
Additionally, site plan review shall be required for any allowed, regulated or special use activity
on lands containing a wetland or wetland buffer areas pursuant to the requirements of Chapter
14.08.
B. An application, in completed form, shall be filed for site plan review and approval with the city
planning department. An application shall not be in completed form under this section if it fails to
contain any of the information and material required under Section 17.84.060.
C. The site plan review committee shall consist of the following members: the city planner, who shall
serve as chairman; city administrator; the city director of public works and the building official,
or their designees.
17.84.020 Review by the site plan review committee (SPRC).
A. The site plan review committee (SPRC) shall have the prerogative of refusing to rule on a site plan
review if in the opinion of the SPRC the site plan application is not complete in accordance with
the requirements of this code.
B. SPRC shall mail notification of the proposed project to owners of adjacent property within 300 feet.
C. The SPRC shall within fifteen working days approve, disapprove or approve with conditions any
site plan submitted to it and accepied for review. The action taken by the SPRC will be submitted
to the building official for subsequent action on the building permit application. Failure to act within
the specified period shall constitute approval of the site plan and the applicant shall be entitled to
apply for a building permit. Any time required to develop and review an Environmental Impact
Statement as required under the provisions of SEP A shall not be counted under the time constraints
of Section 17.84.020. Approval of the plan by this section shall not relieve the applicant of the
responsibility to comply with all standards and specifications of this code.
D. The SPRC shall review a site plan and approve, or approve with conditions, site plans which
conform to the standards, provisions and policies of the city as expressed in its various adopted
plans and ordinances including the applicable sections of the Shoreline Master Program for the
Thurston Region. Whenever the SPRC disapproves a site plan, it shall set forth in writing its
findings which shall specify the particular standards, provisions and policies to which the site plan
fails to conform and the reasons why it fails to conform.
E. All decisions of the SPRC shall be mailed to the applicant and posted at city halL
17.84 - 1
F. The decision of the SPRC shall be final unless appealed to the planning commission by the
applicant, a person who believes that they have been negatively impacted by the SPRC decision,
or other public agency by filing a written notice of appeal with the planning commission within
fifteen days after the date of posting the decision being appealed.
17.84.030 Review by the planning commission. The planning commission shall review site plan
applications referred or appealed and approve, or approve with conditions, site plans which conform to
the standards, provisions and policies of the city as expressed in its various plans and ordinances of the
city.
17.84.040 Appeal of decision to planning commission.
A. Appeals of all site plan review decisions may be taken to the planning commission in accordance
with Chapter 17.96 of the Yelm Municipal Code. The planning commission shall review a site plan
and approve or approve with conditions if it finds the site plan conforms to the standards, provisions
and policies of the city as expressed in its various plans and ordinances. Similarly, the planning
commission shall disapprove a site plan which it finds does not conform to such standards,
provisions and policies.
B. The planning commission shall not approve or disapprove a site plan different from that approved
or disapproved by the SPRC. The intent of Section 17.84.040 is to insure that the planning
commission and the approval authority make decisions based on the same set of plans. If the
planning commission receives a site plan different from that considered by the approval authority
or by the SPRC, the site plan shall be referred to the approval authority or SPRC for further
consideration.
17.84.050 Preliminary site plan. Prior to applying for site plan review, a developer may file with the
SPRC a summary site plan, which shall contain in a rough and approximate manner all of the information
required in the site plan application. The purpose of the summary site plan is to enable a developer filing
the plan to obtain the comments of the SPRC as to the applicability of the intent, standards and provisions
of this chapter to the plan.
17.84.060 Contents of application. Each application for site plan review shall contain the following
information in clear and intelligible form:
A. The title and location of the proposed development, together with the names, addresses and
telephone numbers of the record owner or owners of the land and of the applicant, and, if
applicable, 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;
B. The proposed use or uses of the land and buildings;
C. A site plan drawing or drawings at a scale of not less than one inch for each fifty feet which shall
include or show:
1. The location of all existing and proposed structures, including, but not limited to, buildings,
fences, culverts, bridges, roads and streets on the subject property,
2. The boundaries of the property proposed to be developed,
3. All proposed and existing buildings and setback lines,
4. 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,
information regarding percentage of area covered, locations and general types of landscaping,
5. All existing and proposed easements,
6. The locations of all existing and proposed utility structures and lines,
17.84 - 2
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. Location and area, in square feet, of all signs;
D. Topographic map or maps which delineate contours, both existing and proposed, at intervals of two
feet, and which locate existing lakes, streams and forested areas;
E. The existing zoning district of the proposed development site and any other zoning district within
three hundred feet of the site;
F. All special districts, including, but not limited to, fire, school and water districts, in which the
proposed development shall be located and all such districts within three hundred feet of the
proposed development;
G. 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;
H. The proposed number of dwelling units in the development;
1. The proposed number of square feet in gross floor area for each commercial and industrial use;
J. A description of each proposed commercial and industrial use;
K. For properties containing wetlands or wetland buffers pursuant to Chapter 14.08, all informational
requirements specified in Chapter 14.08 shall be included in the applications.
17.84.070 Additional information for review. The SPRC may require the applicant to submit any
additional information or material which it finds is necessary for the proper review and hearing of the
application.
17.84.080 Amendment of site plan. A site plan granted approval by the SPRC or by the planning
commission may be amended by the same procedures provided under this title for original site plan
approval.
17.84.090 Performance bond. It may be required as a condition of approval of a site plan that the
applicant furnish a performance bond to the city to secure the applicant's obligation to complete the
provisions and conditions of the site plan as approved.
17.84.100 Duration of approval.
A. Approval of the site plan shall be effective for eighteen months from the date of approval by the
site plan review committee or planning commission. During this time, the terms and conditions
upon which approval was given will not change. If application for a building permit is not made
within the eighteen month period, the approval shall automatically terminate.
B. However, upon the application of the owner or representative, the site plan review committee shall
extend the approval period for one six-month time period unless since the initial approval
substantive change has been made in the regulations, ordinances, requirements, policies or standards
which impact the site.
C. Knowledge of expiration date and initiation of a request for extension of approval time is the
responsibility of the applicant. The city shall not be held responsible for notification of expirations,
17.84 - 3
although it may notify the applicant of date of expiration. All requests for additional time must be
submitted to the planning department prior to expiration of site plan approval.
17.84 - 4
Chapter 17.93
NONCONFORMING USES
Sections:
17.93.010 Intent
17.93.012 Nonconforming structures
17.93.014 Nonconforming uses
17.93.016 Nonconforming--Prior construction
17.93.020 Nonconforming lots of record
17.93.030 Abandonment or discontinuance
17.93.010 Intent. Within the districts established by this title, there exist lots and structures which were
lawful prior to the date of adoption of the ordinance codified in this title, but which would be prohibited,
regulated, or restricted under the terms of this title. It is the intent of this chapter to permit these
nonconformities to continue until they are removed.
17.93.012 Nonconforming structures.
A. Nonconforming structures shall not be enlarged upon, expanded or extended in a manner which
would increase the nonconforming aspects of said structure.
B. Relocation. Nonconforming structures shall not be relocated on the same site unless the move
results in bringing the structure into closer conformance with the provisions of this chapter.
17.93.014 Nonconforming uses. A nonconforming 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.
17.93.016 Nonconforming--Prior construction. To avoid undue hardship, nothing in this title shall be
deemed to require a change in the plans, construction or designated use of any building on which actual
construction was lawfully begun prior to the date of adoption of the ordinance codified in this title, and
upon which actual building construction has been carried on diligently. "Actual construction" is defined
to include the placing of construction materials in permanent position and fastened in a permanent
manner. Where excavation or demolition or removal of an existing building has been substantially begun
preparatory to rebuilding, such excavation or demolition shall be deemed to be actual construction,
provided that work shall be carried on diligently.
17.93.020 Nonconforming lots of record.
A. 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 prior to the date of
adoption of the ordinance codified in this title, 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.
B. This provision shall apply even though such lot fails to meet the requirements for area or width,
or both, that are generally applicable in the district, provided that yard dimensions and requirements
other than those applying to area or width, or both, of the lot shall conform to the regulations for
the district in which such lot is located. Variance of yard requirements shall be obtained only
according to the provisions of Chapter 17.96.
17.93.030 Abandonment or discontinuance. A nonconforming use shall be deemed abandoned by
discontinuance or abandonment for a period of eighteen months, and any subsequent future use of such
land or buildings shall be in conformity with the provisions of this title.
17.93 - 1
Chapter 17.96
AMENDMENTS, REZONES AND VARIANCES
Sections:
17.96.010 Generally
17.96.020 Initiation of amendments, rezones and variances
17.96.023 Variances--when granted
17.96.025 Variances--front, side and rear yard setbacks
17.96.030 Application forms
17.96.040 Public hearings
17.96.050 Notice of hearing
17.96.060 Consideration by city council
17.96.070 Action by city council
17.96.010 Generally. Whenever public necessity, convenience or general welfare requires, the provisions
of this title may be amended.
17.96.020 Initiation of amendments, rezones and variances. Amendments of the text of this title or
the official zoning map or variances may be initiated by: '
A. Verified application of one or more owners of property which is proposed for a variance or zoning
reclassification, filed with the planning department; or
B. The adoption of a motion by the city council requesting the planning commission to set the matter
for hearing and recommendation; or
C. A recommendation by the planning commission to the city council.
17.96.023 Variances--when granted. If because of special circumstances applicable to the subject
property due to size, shape, topography, location or surroundings, and if the strict application of this title
is found to deprive subject property of rights and privileges enjoyed by other properties in the vicinity
and under identical zone classification, the approval authority may grant a variance in accordance with
the provisions for variances in Chapter 17.96 of the Yelm Municipal Code.
17.96.025 Variances--front, side and rear yard setbacks. The SPRC may grant a variance of up to
fifteen percent from the front, side and rear setback requirements in all zones. Any variance from such
front, side and rear setback requirements that exceeds 15 % shall be considered by the planning
commission after the planning commission has provided notice and a public hearing as if such variance
were a special use permit as provided in Chapter 17.66. This does not preclude other variances from
being considered as provided in Section 17.96.023.
17.96.030 Application forms. The planning department shall prescribe the forms to be used for
amendments, rezones and variances. The planning department may prepare and provide blanks for such
purposes and prescribe the type of information to be provided. No application shall be accepted unless
it complies with such requirements.
17.96.040 Public hearings. At least one public hearing on any such proposed amendment, rezone or
variance shall be held by each of both the planning commission and city council.
17.96.050 Notice of hearing. Notice of public hearings for such proposals shall be published in a
newspaper of general circulation in the city and by written notice, addressed through the United States
mail, to all property owners as recorded in the Thurston County assessor's office, within three hundred
feet of the subject property, at least ten days prior to the hearing. In addition, at least ten days prior to
the hearing, notice of said hearing shall be posted in the following places: on the property; at a public
street intersection near the property; and at city hall.
17.96 - 1
17.96.060 Consideration by city council. The planning commission's recommendation shall be presented
for city council consideration after a public hearing noticed no longer than twenty working days from the
date a decision constituting a recommendation is rendered.
17.96.070 Action by city council. The city council may accept, modify or reject the planning
commission's recommendation and findings or conclusions therein, or may remand the decision to the
planning commission for further hearing. A decision by the city council to modify, reject or remand shall
be supported by findings and conclusions. The action of the city council in approving or rejecting a
recommendation of the planning commission shall be final and conclusive unless within thirty days from
the date of such action an aggrieved party obtains a writ of certiorari from the Thurston County Superior
Court for the purpose of review of the action taken; provided that appeals from a decision to grant, deny
or rescind a shoreline permit shall be governed by the provisions of Chapter 90.58 RCW.
17.96 - 2
Chapter 17.99
FEES
Sections:
17.99.010 Designated
17.99.010 Designated. The fees to be paid upon the filing of a petition or application shall be established
by resolution of the city council and 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.
17.99 - 1
Chapter 17.102
VIOLATIONS
Sections:
17.102.010
17.102.020
17.102.030
Violation deemed misdemeanor
Liability for violation
Remedy
17.102.010 Violation deemed misdemeanor. Violation of the provisions of this title or failure to comply
with any of its requirements shall constitute a misdemeanor and such violation shall be punished as
provided by the statutes of the state for the commission of a misdemeanor. Each day such violation
continues shall be considered a separate offense. The per day fine will be assessed as per the city's bail
schedule.
17.102.020 Liability for violation. The owner or tenant of any building, structure, premises or part
thereof, any architect, builder, contractor, agent or other person who commits, participates in, assists in
or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein
provided.
17.102.030 Remedy. Nothing herein contained shall prevent the city from taking such other lawful action
as is necessary to prevent or remedy any violation.
17.102 - 1
Basement
The vertical distance from grade to lhe floor below is less lhan lhe
vertical distance from grade to ceiling (i.e. b is less than a).
5'
,. JL
a
, '.
L_ _ __ __ __2'___ ..L. = _
I
3'
Cellar
The vertical distance from grade to the floor below is equal 10 or greater
than the vertical distance from grade to ceiling (i.e., b is greater than a).
3'~
5' 1
1 ~
~ a
I
, I lob
L.....__________ L_ ~
Table 17-1
b
C *' ci * C
~
b'
>f rl f C' I
ONE WAY
TRAFFIC
B b c d . f b' c'
00 28' 8' 12' 23' 8'
350 48' 18' 12' 14.8' 8.5' 41' 14.S4
400 49' 1a5' 12' 13.2' 8.5' 42' 15'
450 50' 19' 12' 12' 8.5' 43' 1S.5'
500 51' 19.5' 12' 11.1' 8.5 45' 16.S'
550 53' 20' 13' 10.4' 8.5' 48' 17:5'
600 55' 20' 15' 9.S' S.5' SO' 11S'
650 57' 20' 17' 9.7' 8.S' 53' 1S'
700 59' 20' 19' 9.6' 9' 56' 1&5'
450 17' 1" 8'
I- CJ 600 16.7' 14' 8'
u
f 2:
~ a: ~ 750 16.3' 114' 8'
a:
0 c( ~ 900 20' R'
u u 15'
Table 17.2
C
b
ri JjCC ~
~ c' *
b'
d
c' j
TWO-WAY
TRAFFIC
B b a d e f bl cl
00 36' 8' 20' 23' 8'
35 56' 18' 20' 14.8 8.5' 49' 14.5'
400 57' 18.5 20' 13.2' 8.5' 50' 15'
450 58' 19' 20' 12' 8.5' 51' 15.5'
500 59' 19.5' 20' 11.1' 8.5' 53' 16.5
550 50' 20' 20' 10.4' 8.5' 55' 115
600 60' 20' 20' 9.S' S.S' 55' 115'
650 60' 20' 20' 9.7' 8.8' 56' 1S'
.700 60' 20' 20' 9.6' 9' 57' 185
900 64' 20' 24' 9' 9'
450 17' 20' 8'
... CJ 600 16.7' 8'
(.) 20'
~ z
a. :II:: 750 16.3' 20' 8'
:e a: a:
0 ~ ~ 900 8'
(.) (.) a. 15' 20'
Table 17-3
DESIGN OF STALLS
~
~
c
u
<:>>
ira
".
GI:
f
It..
Q 1
1M ,
..J
~ ; .
Q
.WHEEL STOP 1M
2.' !
.
a:
:)
u
d
,
..
ANGLE
PARALLEL
PERPENDICULAR
I:
,
/
,
/
/
/
,
/~,
TURNING
CLEARANCE
,
/
,
/
GRAVEL
Tab 1 e 17-4
(
Sections:
17.38.010
17.38.020
17.38.030
17.38.040
17.38.050
17.38.060
17.38.070
17.38.080
17.38.090
17.38.100
17.38.110
17.38.120
17.38.130
17.38.010--17.38.020
Chapter 17.38
OFF-STREET PARKING
Automobile parking spaces required.
Size and access.
Location.
Unit of measurement.
Expansions or enlargements.
~ixed occupancies.
Uses not specified.
Parking spaces re~uired for particular uses.
Special re~uirements.
Conditional accessory ~arking areas in ~
zones.
Required loading areas.
Exceptions and modifications.
Sgecia~ zone exceptions.
17.38.010 Automobile oarkinc spaces re~uired.
.~"
0'='::-
stree~ parking spaces shall be provlded as an accessory use
in accordance wit~ the requirements of this chapter at the
time any building or structure is erected, enlarged or ex-
panded.
B.
cauncil
C '0 . - .. o' '., .',
onSlceratlon :rom cne p~annlng commlccee anc ClCY
should be given as to the re~uirements/standards for
off-street
dist~ic~.
~ . , . '
par~lng as cney per~aln
(Or='. 344 51, 1988).
to the central business
17.38.020 Size and access. 2ac~ cff-s~reet pa=~~ng
space shall have an area of noe less chan one hundred sixty
square feet exclusive of access drives or aisles and a width
of not less than eight feet. There shall be adequate pro-
vision for ingress and egress from each parking space. (Ord.
344 ~Z, 1988).
159-20
(Yelm 2/89)
17.38.030--17.38.060.
(
17.38.030 Location. Off-street parking facilities shall
be located as hereinafter specified; where a distance is
specified, such' distance shall be the walking distance mea-
sured from the nearest point of the carkina facilities to
the nearest point of the building th~t such facility is re-
quired to serve.
A. For a single-family dwelling or multifamily dwell-
ings, the parking facilities shall be located on the same lot
or building site as the building they are ~ecuired to serve.
3. For churches located in any zones, parking facilities
shall be located on the site; consideration may be given to
parking facilities lecated not farther than one hundred fifty
fee~ from the building.
C. For hospitals, sanitariums, homes for the aged,
asylums, orphanages, rooming houses, lodging hcuses, nursl~g
and convalescent homes, community clubs, and club rooms,
park~ng facilities shall be located not fart~e= than one
hundred fifty feet from the facility.
D. :or uses other than those specified, parking~-
c~~~~ies shall be lcca~ed not far~her than three hundred
fee~ f=om the faci~i~y. Consice~ation f=om t~e pla~ni~q
cClTJ:1.it.~ee ane. t~e c:-:.y cQuncil shCt:ld. te qiile:1 as t::. t::e
=2~uireme~ts/stanca=~s for of=-s~=ee~ ?arki~~ as t~e~l ~e=-
~~i~ t~ ~~e cent=al bGsiness cist=ic~. (O~~. 344 53, 1983)
17.38.040
Unit 0: measuremen~.
;~ s~~clums, s~o=~s
assembly in whic~
arenas, churches and e~her places of
~a~=ons or spec~atars cc=U?y be~c~es, ~ews, an~ c~~er si~i:~=
sea~i~g :ac~li~ies, eac~ eightee~ ~~c~es cf wi~t~ cr eiq~~y
s~ua=e feet of o~e~ a=~a of suc~ seati~q =ac~~i~ies shcu~~
be '-8U~-::::.r: -c;: on=- c-.=- ~,.......... -"-;e -<o~---'-"C:::::' .-~ "';Q-+-.:::...,...-,i~":...,.- -.:.r-....:-::._
_ ..-1,..,__ -=-_ .1._ .....<:::__ ___ 1,..,__ ~~_~.......__......_ "-"____......_..____'-;: __""':.____
:r~e~ -c.s
~-.--
....-.:..
c==-s~=ee~
~ar:<i:l~
- . ..' ,
-:-;:,-., "-"cc::
----------
'-.!r::::.e=
..;...... .. -
~...,;,,~.::::
_.. - ,_
~..;...---=.
( (:. r =. . 3 ,1 ,1 ~ 4, 19 8 8) .
17.38.050
- .
,- .. -- - ..., <:::: ... - - c::
--'.,:,,<:'-..- ~'..,..I..-
or e~12..:-:;;e!T'..e::ts.
'/'-J r:.e.:-e
2..!1:.l S -: =".1 c-
t~re is enlarged or ex?anded, t~en cf~-s~=eet ?a=ki~q spaces
shall be oravided fcr said ex~ansicn or enlar=ement i~ acc=rd-
. - - ~
ance wlth the recuirements of Sec~ion 17.38.090. ~cthinc i~
this chapter snail be construed te rec~i=e of=-s~reet oa~kinc
s"Caces for the cor~icr.. of sa;"; bU;ld~";c: or s.....~1'c......,.,...'" Q~;<::-;~":
-. __ .,;.. -- -- --... "-__ .....___ ._.'\0_.....1.-___'=
ac tne e==eC~lve date ef the ordinance codified in this
(' ';"'.' ..: ~_ .,.. "'_"'-_ . ., c ~ - '/'1 C - .; - 11 c::: - .: -- - ..., ..- "t ~..: <::::' . ,..... -' -..' 5' "': i va-
- --- :-".. _...~..._~c: ......... __~ ..:..~.l. c.~.. ::::.~..__7:.:"::,,::, =:l:_....lc--::.:..re r:.c..__ _:-
.-,.. -..... ;:r:;"';~""~~.,...,-l e.~'::-.=:--o.Q.-i- ,....,--1......:-c '--'---5 =.-_- . - ., .
~l",.,;.:'_~ __......___-'._c._ __ _'-____ .:""'c,_.'-.._.;... ::::-:---c.~;:: - se-:. =~r-=:::"::
Sec~icn 17.38.080.
: 1',_"':;
\1,.,,1__ .
3 d..:!.
- -
~: ,
2.988) .
17.38.060 Mixee cccupancies. In the case of t~o or
more uses in the same =uilding, t~e tG~al ~e~ui=ements fo~
off-street parkin~ facilities shall be t~e sum of t~e re~ui=e-
ments for the several uses comoutee seoaratelv. Off-street
parking facilities fer one use- shall not be considered as
160
( Ye 1m 7/8 8 )
(
17~38.070--17.38.080
providing required parking facilities for any other use, ex-
cept as hereafter specified in Section 17.38.080 for joint
use. (Ord. 344 ~6, 1988).
17.38.070 Uses not soecified. In the case of a use not
soecificallv mentioned in Section 17.38.080, the recruiremen~s
for off-street parking facilities shall be de~ermined by the
planning committee. Such determination shall be based upon
the requirements for the most comparable use specified ~n
Section 17.38.080. (Ord. 344 ~7, 1988).
17.38.080 Parkina soaces requirec for oar~icular uses.
The minimum number of off-stree~ parking spaces required shall
be as set forth in the following:
Use
Single-family
Multiple-family dwellings
Automobile laundry
Banks, savings anc ~oan
associa~ions, business or
professional offices
Bowling alleys
So~rding, lodging cr room-
ing houses
C~i~c=en's i~s~i~~~~8ns,
rest hemes
Churc~es, ilior~uaries or
funeral hemes
Dancehalls
Establishmencs tor ~ne sale
anc cons~m9~ion on ~~e prem-
i~es of F~Oc.' ~nc.' ~e'l=~~ces
~ - . -:- _ -.J _ _. . ""'. _ _ -: _ ,
~ncluc.~ng :ra~erna~ ana
social clubs, re~ail stores,
except as o~herwise specifi-
fied herein
Hospitals
Libraries and museums
?arkina Soaces Requirec
Two for each dwelling unit
Two for each dwelling unit
Minimum or cwo storage spaces
for each individual car washinG
bay, or not less ~han four tlmes
the to~al vehicle capacity
accommodated on a conveyer system
One for each two ~undred square
- - -.. \..
teet Ot gross :~oor area, or oasea
on oc=upancy, whic~ever is greacer
?ive per each alley, plus re-
lated oc=upancy factors
One-and-one-half fer each Sleeo-
:..::g room
One ~Qr eac~ t~iC ~e~s
Cne for each four seats ~~ t~e
?ri~ci?al ?lace of assemoLY for
worshi?, incluci~g balconies and
c~oir 10 ft
One per fif~een s~ua=e feet of
ska~i~g or dancing area, ?lus
related occupancy :~c~ors
One fo~ eac~ t~o hu~~=ed squa=e
:eet 0: ~=css :~ocr
a:-ea., or
based on oc~u~ancy,
'Nr,ic~e'ler
create~
T',vo
One
fo r each bed
fo reach th ,...""""
occupants
161
(Ye 1m 7/88)
Manufacturing uses, research
and testing laboratories,
creameries, bottling estab-
lishments, bakeries, can-
neries, printing and en-
graving shops
Medical or dental clinics
Motels, hotels
Motor vehicle or machinery
sales, wholesale stores,
furniture stores
Sanitariums
Schools:
High schools
Elementary and junior
high schools
Skating rinks
Stadiums, auditoriums,
community clubs, co~munity
centers and other ~laces
of assembly
Theaters
Warehouses and storage
buildings
(Ora. 344 58, 1988).
17.38.090
One for each one-and-one-hali
employees on a maximum shiit
Six for each physician or
dentist
One for each unit plus employees
One for each four hundred square
feet of gross floor area
One for each bed
One for each four students plus
one for each faculty member
(exclusive of loadin9 and un-
loading areas)
One for each eight studencs
plus one for each facultv mem-
ber -
One per every forty square feet,
plus related occupancy faccors
Based on occupancy use
One for each three seats up to
eight hundred seats, plus one
for each five seats over eigne
hundred seats
Based on occupancy or parking
requlrements for chat oc~~pant.
17.38.090 Soecial requirements. In any zone, a parking
area for five or more vehicles shall be developed in ac~ord-
ance with the followina requirements:
~. Landscaping. ~A landscaped area not less than t~ree
feet in width shall be orovided concinuouslv (excect for
auchorized curb cues) aiong any front, rear-or side boundary
propercy line abut~ing a public or private road. Landscap-
lng shall consist 0: a variety of hardy evergreen plan~ed
material consis~ing of trees, low-profile and high-profile
shrubs together wich suitable ground cover such as nacive
grasses, bark, rockeries or a combination thereof, and shall
be designed and maintained in such a manner as not to impair
vehicle visibility at corner intersections or adjacent to
points of ingress or egress.
B. Screening. A verticaL sight-Obscuring screen not
less than four feet in height shall be provided continuously
(except for authorized curb cuts) along any side of an
161-1
( Ye 1m 7/8 8 )
17.38.100
I
off-street parking area that is
which abuts a residential zone.
be designed and placed adjacent
tions and ingress-egress points
traffic hazard.
C. Border Barricades. A curb, rail, fence or wall or
other similar type barrier sufficient to contain vehicles
completely within the property and outside of landscaped
areas shall be provided and maintained in a good and attrac-
tive condition.
D. Entrances and Exits. The location and desiqn of all
entrances and exits shall be subject to the approval of the
planning and public works departments, provided that no
entrance or exist shall be closer than fifteen feet to any
adjoining lot located in an R zone.
E. Surface of Parking Area. Off-street parking area
shall be surfaced and maintained with a durable and dustless
surface consisting of oiled and crushed gravel, asphalt, or
concrete, and shall be graded and drained as to dispose of
all surface water on site. Surfacing and drainage shall be
subject to approval by the planning and public works de?art-
ments.
F. Lighting. Any lighting used to illuminate any re-
quired off-street parking area shall be so arranged as to
reflect the light away from adjoining premises in a R zone.
G. Signs. Must meet requirements as set forth in Chapter
15.24 of this code. (Ord. 344 ~9, 1988).
next to a street or alley
The required screen shall
to corner street intersec-
so as not to constitute a
17.38.100 Conditional accessory oarkinc areas Ln .,
zones. In any R zone, oif-street parking areas for five cr
more venLcles may be per~itted for any use first ~er~it~ed
by the ~1H zone or for any use first perillitted by a C o~ ~
zone upon the granting of a conditional use permit by t~e
examiner and subject to the following:
A. Such parking areas shall abut upon or be direc~ly
across a street from an RMH, C, or I zone;
8. Such parking area shall be used solely for the park-
ing of private passenger vehicles;
C. Such parking areas shall be subject to all the re-
quirements of Section 17.38.090;
D. Approval of access and drainage by the planning
and public works departments;
E. The issuance of a building perillit;
F. Any permit issued by the building department may
be revoked anv time that the aforementioned reauirements are
not complied ~ith; and any permittee who uses or permits
the use of premises to which said permit related in vio-
lation of any of the conditions specified by this section
or included in such permit, shall be deemed in violation of
this title and shall be subject to penalty. (Ord. 344 ~lO,
1988) .
161-2
(Yelm 7/88)
\ 17.38.110--17.38.130
\
,~
~,
.,
17.38.110 Required load~nq areas. A. In any C or I
zone, and for any institutional use in whatever zone it may
be located, every building or portion of building hereafter
erected or structurally altered to provide additional floor
space shall be provided with a minimum of one off-street or
off-alley loading space for each twelve thousand square feet
of floor space or fraction thereof within the buildin~, which
floor space is intended to be used for or is used for mer-
chandising, manufacturing,. warehousing or processing purposes.
If the building contains more than twenty-four thousand
square feet of floor space so used, then there shall be one
additional twenty-four thousand square feet of floor space.
In no case shall less than one loading space be provided.
Each loading space shall measure not less than thirty feet
by twelve feet, and shall have an unobstructed height of
fourteen feet, and shall be made permanently available for
such purpose and shall be surfaced, improved and maintained
as required by subsections A, Band C of Section 17.38.090.
Such facilities shall be so located that trucks using same
shall not encroach upon or interfere with areas reserved for
off-street parking nor project into any public right-Of-way
and shall be adjacent to the building to be served thereby.
If the site upon which such loading space or spaces is to be
located abuts upon an alley, such loading space or spaces
shall be orf-allev. If the loadina soace is incorporated
within a buildina-then, as to location, the requi=emen~s of
~ .
this section shall not apply.
B. Anv floor area provided by additions to or s~ructural
altera~ions.to a building shall be-provided with loading
space or spaces as se~ forth herein whether or not loading
spaces have been provided for the original floor space.
c. Consideration from the plannina committee and citv
council should be oiven as to th~ requi~ements/standards f~r
off-s~reet parking~required loading ~reas as they pertain
to the central business district. (Ord. 344 ~11, 1988).
17.38.120 Exceotions and modifications. Exceptions
or modifications to the provisions of this chap~er shall
be processed as a variance application. (Ord. 344 512, 1988)
17.38.130 Special zone exceptions. The provisions of
this c~apcer shall noc be ap91~cable for any special zone
discrict or unclassified use which requires acnrcval 0: a
specific site.plan by the examiner. in reviewinq a site
plan for any such situation, the examiner shall be coverned
by this cha9ter in determining the requirements for'cff-street
parking and loading. (Ora. 344 513, 1988).
161-3
(Yelm 7/88)
"
-~--a-.4-
A Home-Owned Legal Newspaper in 7hurston County
YELM. WASHINGTON 98597
AFFIDAVIT OF PUBLICATION
STATE OF WASHINGTON
County of Thurston
SUMMARY CITY OF YELM ORI;lINANCE
Ordll\8nce No. 555 Findings and Conclusions for
AN ORDINANCE OF THE CITY approvalofsubdivisions. ..
OF YELM, WASHINGTON Section 11 _Amending
RELATING TO THE ADOPTION 16.12.330 of the YMC relating to
OF DEVELOPMENT REGULA- the vesting period of final plat for
TIONS PURSUANT TO THE hook-~ to water and sewer. '
GROWTH MANAGEMENT ACT Section 12 - Repealing Section
TO INCLUDE REVISIONS. ADDI- 16.32.050 of the YMC regarding
TIONS TO AND/OR REPLACE- public hearing notica and posting,
MENT OF THE FOLLOWING (has been moved to Chapter t7
SECTIONS. OF THE YELM' within the Zoning Code.)
MUNICIPAL CODE: Section 13 -Amending Chapter
. Section 1 _ Amending Section 16.32 of the YMC relating to
14.04.030 of the Yelm Municipal Findings and Conclusions for
Code (YMC) relating to the Binding Site Plan approval.
responSIble official for SEPA. Section t4 - Deleting the cur.
Section 2 . Amendinll Chapter rent Chapter 17 (zoning code)
14.04 of the YMC relating to the from the YMC and inserting the
threshold criteria for exempt new with the following exceptions
actions under SEPA and adopting related to the off-street parking:
SEPA policies. .Sections 17.24.140, 17.26.110,
Section 3. Amending the YMC 17.27.100.17.28.080 and Chapter
to insert a new Chapter .14.08 17.72. During the pendency of
relating to "Critical Areas additional Planning Commission
Resource Lands." review of the above sections and
Section 4 _ Amending Chapter of Chapter 17.72, .off-street
16.14 of the YMC relating to Parking and Loading: the former
.Open Space and Parks. and off-street parking provisions shall
moving it to a new Chapter 14.12. remain in effect and shaU be
Section 5 _ Adding Chapter inserted In their entirety as
15.40 to the YMC on Concurrence Chapter 17.72.
Management. " . Section 15 - Adopting the new
. Section 6 _ Addinll Chapter official Zoning Map of the City of
15.44 to the YMC relating to vest- Yelm.
ing on Development Rights. Section 16 - Severability
Section 7- Addinll Chapter clause. . .
15.48 to the YMC which adopts Section 17 . Establishing an
the "Development Guidelines. Ci~ effective date. .
of Yelm, Final January 1995, Ordinance No. 555 shall be in
except for Chapter 5 related to full force and effect followil1ljl pas-
Storm Drainage. ' sage, approval and publication as
Section 8 _ Amending Section provided by law.
16.08.010 of Ule YMC relating to Completed copies of this
the definition of "Short Ordinance may be obtained at
Subdivision." . Yelm City Hall, 105 Yelm Ave. W.,
Section 9 _ Repealing Chapter or by calling 458-3244.
16.1() of'the YMC relating to to Submitted: Agnes Colombo,
Master Plan Review. (has been City Clerk.
moved to Chapter 17 within the Passed and approved: July 12.
Zoning Code.) 1995.
Section 10 _ Amending Chapter Effective Data: July 25, 1995.
16.12.170 of the YMC relating to published in Nisqually Valley
News, Thursday, July 20, 1995.
sworn on
oath deposes and says that she/he is the general manager
of the Nisqually Valley News, a weekly newspaper. That said newspa-
per is a legal newspaper and has been approved as a legal newspaper
by order of the superior court in the county in which it is published and
it is now and has been for more than six months prior to the date ,of the
publications hereinafter referred to, published in the English language
continually as a weekly newspaper in Thurston County, Washington, and
it is now and during all of said time was printed in an office maintained
at the aforesaid place of publication of said newspaper.
being first duly
of
No
regular issues (and not in supplement form} of said
of Cit
true copy of
Yelm Ordinance
the annexed is a
That
day
day of , 19 95
both dates inclusive and that such newspaper was regularly distributed
to its subscribers during all of said period. That the full amount of the
the
ending on
20
and
1
a period of
911 ,
the
it was published in
once a week for
consecutive weeks, commencing on
of
19
newspaper
as
$ 6 ~ . 00 ,
fee charged for the foregoing publication is the sum of
which amount has been paid in full.
~,
day of
24
this
Subscribed and sworn to before me
19 9"5 .
Jul
residing at Yelm, Washington
,\ ", This form officially sanctioned by the
Washington Newspaper Publishers' Association
>J