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555 GMA DEVELOPMENT REGS . , .' 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. C:\WP51 \52\YElM\DEVREG.ORD 1 .' 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. C:\WP51\52\YELM\DEVREG.ORD 2 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. C:\WP51\52\YELM\DEVREG .OAD 3 "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, C:\WP51 \52\YElM\DEVAEG .DAD 4 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 C:\WP51 \52\YElM\DEVREG.DAD 5 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 C:\WP51 \52\YELM\DEVAEG.OAD 6 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 C:\WP51 \52\ YELM\DEVREG.ORD 7 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 C:\WP51\52\ YElM\DEVREG.OAD 8 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 C:\WP51 \52\ YELM\DEVAEG.ORD 9 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 C:\WP51\52\YELM\DEVAEG.OAD 10 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 C:\WP51\52\YElM\DEVAEG.OAD 11 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. C:\WP51 \52\YElM\DEVAEG.OAD 12 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. C:\WP51\52\YElM\DEVAEG.OAD 13 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. C:\WP51\52\ YElM\DEVAEG.OAD 14 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; C:\WP51 \52\YElM\DEVREG .OAD 15 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.~ C:\WP51 \52\ YELM\DEVAEG.OAD 16 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. C:\WP51 \52\YElM\DEVAEG.OAD 17 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, C:\WP51\52\YELM\DEVREG.OAD 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 C:\WP51\52\YElM\DEVAEG.OAD 19 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 C:\WP51 \52\ YElM\DEVREG.OAD 20 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