Current Agenda

Current Agenda
AGENDA
YELM CITY COUNCIL MEETING
►UPDATE
TUESDAY, JANUARY 27, 2015, 6:00 P.M.
Website Viewing: Clicking on agenda items will open associated documents including staff reports,
resolutions, ordinances, etc. Note: some agenda items may not have attachments.
1.
Call to Order
2.
Roll Call
3.
Agenda Approval
4.
Special Presentations- The Great Kindness Challenge Week Proclamation
5.
Public Comment – Please complete a blue speaker’s card and present it to
the meeting recorder. Comment topics should not appear elsewhere on the
agenda. Time (three minutes per speaker) and the number of speakers (five)
are limited and may be adjusted to meet agenda requirements.
6.
Consent Agenda
Minutes; Regular Meeting January 13, 2015
Payables Checks #63983 - #64049 Totaling $216,910.47
a.
b.►
ACTION
ACTION
Public Hearing- Ordinance No. 995, Unified Development Code (UDC)
7.
8.
ACTION
b.
5
min
New Business
Ordinance No. 995, Unified Development Code (UDC)
Presenter: Tami Merriman
Attachments: Staff Report, Ordinance No. 995, Unified Development Code
(UDC)
Confirmation of Planning Commission Appointments
Presenter: Grant Beck
Attachments: Staff Report
c.
5
min
Confirmation of Historic Preservation Commission Appointments
Presenter: Grant Beck
Attachments: Staff Report
ACTION
d.
10
min
Updated South Sound Military & Communities Partnership (SSMCP)
Memorandum of Agreement (MOA)
Presenter: Shelly Badger
Attachments: Staff Report, MOA
ACTION
9.
Old Business – none scheduled
10.
Council and Mayor
a.
Councilmember Foster represents Yelm on the following committees.
● Nisqually River Council
 Thurston County Solid Waste
● Yelm Finance Committee
Advisory Committee (SWAC)
Councilmember Baker represents Yelm on the following committees.
 Intercity Transit Board
 Yelm Adult Community Center

ACTION
Councilmember Isom represents Yelm on the following committees.
 Thurston Regional Planning
 Yelm Economic Development
Council
Committee
(TRPC)
 Yelm Finance Committee
Councilmember Littlefield represents Yelm on the following committees.
 Thurston County HOME
 Finance Committee
Consortium

Councilmember Wood represents Yelm on the following committees.
●
Yelm Transportation Committee
 (TRPC) Transportation Policy
Board
 TComm 911 Admin Board
Councilmember Garmann represents Yelm on the following committees.
 Yelm Transportation Committee
 Thurston County Law and
Justice
Councilmember Hendrickson represents Yelm on the following
committees.
 Medic One
 Yelm Emergency Operations
Board
Mayor Harding represents Yelm on the following committees.
 Thurston County Economic
 Yelm Finance Committee
Development Council
 Yelm Emergency Operations
Board
 Yelm Transportation Committee
 Thurston County Mayor’s Forum  Yelm Economic Development
Committee
 (TRPC) Transportation Policy
Board
11.
Executive Session- none scheduled
12.
Correspondence (Correspondence is available upon request)
South Sound Green Pages, Winter 2015
Municipal Research News, Winter 2015
Thurston Regional Planning Council, Friday, February 6, 2015 8:30 am11:15 am
►
Adjourn
13.
Upcoming Meetings
Council Study Session, Wednesday, January 28, 2015, 5:00 pm, Public Safety Building
Regular City Council Meeting, Tuesday, February 10, 2015 6:00 pm, Public Safety Building
Regular City Council Meeting, Tuesday, February 24, 2015, 6:00 pm, Public Safety Building
CITY OF YELM
MEETING INFORMATION
All regular Yelm City Council meetings are audio recorded. A $5.00 per CD (prepaid) fee is required. For information
about obtaining a copy of the proceedings, please call 360.458.8402.
Public comments are welcome. However, in order to proceed with scheduled agenda items the allowable time per
speaker is limited to 3 minutes and the number of speakers limited to five. Comments during the public comment
portion of the meeting should not be associated with measures or topics appearing elsewhere on the agenda and
should not address topics for which public hearings have been conducted or are anticipated.
It is the City of Yelm’s policy to provide reasonable accommodations for people with disabilities. If you are a person
with a disability and in need of reasonable accommodations to conduct business or participate in government
processes or activities, please contact Janine Schnepf, at 360.458.8402 at least four (4) working days prior to the
scheduled event. The City of Yelm is an equal opportunity provider and employer.
The Preliminary Agenda and Approved Council Minutes are available at
www.ci.yelm.wa.us
Agenda Item 4. Great Kindness Challenge Proclamation
Page 1 of 1
CITY OF YELM
PROCLAMATION
The Great Kindness Challenge
WHEREAS, the Great Kindness Challenge, School Edition was
created and launched in 2011 by Kids for Peace, a non-profit based in
Carlsbad, California; and
WHEREAS, the Great Kindness Challenge, School Edition was
piloted with three Carlsbad public schools and has now expanded to
all 50 states with over 2 million students participating; and
WHEREAS, the Great Kindness challenge, School Edition is one
week dedicated to students performing as many kind deeds as
possible, using a provided checklist; and
WHEREAS, Lackamas Elementary proudly demonstrates their
commitment to improved school climate and increased student
engagement by participating in The Great Kindness Challenge; and
WHEREAS, Lackamas Elementary is honored to unite all
students in the spirit of kindness and respect;
NOW, THEREFORE, I, Ron Harding, Mayor of the City of
Yelm, on behalf of the City Council, do hereby proclaim January 26
through January 30, 2015 as
where kindness matters at Lackamas Elementary School, in the City
of Yelm and beyond.
_____________________________
Ron Harding, Mayor City of Yelm
Agenda Item 6. a. Minutes
Page 1 of 3
YELM CITY COUNCIL REGULAR MEETING
TUESDAY, JANUARY 13, 2015 MINUTES
1.
Mayor Harding called the meeting to order at 6:00 p.m.
2.
Roll Call Present: JW Foster, Joe Baker, Bob Isom, Jennifer Littlefield, Tracey
Wood, Ken Garmann and Russ Hendrickson.
15-001
Agenda Approval
MOTION BY JOE BAKER APPROVING THE AGENDA AS PRESENTED.
CARRIED.
4.
Special Presentations –none scheduled
5.
Public Comment – no comments
6.
Consent Agenda
Minutes – Regular Meeting December 9, 2014
Payables – Checks #63819 - #63982 Totaling $979,111.21.
15-002
MOTION BY RUSS HENDRICKSON APPROVING THE CONSENT AGENDA AS
PRESENTED. CARRIED.
7.
Public Hearing –none scheduled
8.
New Business –
a. Ordinance No. 993 Establishing Lodging Tax Advisory Committee
Janine Schnepf reported that any county, city or town that has imposed the
hotel/motel (lodging) tax and has a population of 5000 or more is required to
establish and maintain a Lodging Tax Advisory Committee per RCW 67.28.1817.
This is a requirement established in 2013 for 2014 reporting requirements. The
committee’s membership must be a minimum of five members confirmed by the
Council and made up of equal number of business members of the community
that collect the tax and eligible agencies that request funding from the revenue
collected from the tax, including any municipality, used directly or indirectly
through convention, visitors bureau or destination marketing. One member shall
be an elected official of the municipality who shall serve as chair of the
committee. Ordinance No. 993 would establish the Lodging Tax Advisory
Committee and define the duties and functions of the committee. Councilmember
Littlefield asked what events the money could be used to promote. Ms. Schnepf
stated there are specific criteria established in RCW 67.28.1816. Councilmember
Isom expressed concern regarding the allocation of funds and the criteria of the
committee since there is only one business in Yelm that contributes to the
Lodging Tax. Ms. Schnepf stated there are specific requirements for the
application and the process outlined in the RCW. Mayor Harding stated since Yelm
only has one business contributing to the Lodging Tax that if there were two
employees from the business, the statutory requirements would be met.
Councilmember Wood asked about the amount of revenue we have collected.
$167,000 has been collected over the last 10-12 years and not expended, and
$15,000 is budgeted for 2015. Councilmember Woods has concerns regarding the
language in the RCW concerning the requirements of two members who are
representatives of businesses required to collect the lodging tax since Yelm only
Agenda Item 6. a. Minutes
Page 2 of 3
15-003
has one business currently. Ms. Badger stated we would talk with the City
Attorney regarding his interpretation of the law and the requirements.
MOTION BY BOB ISOM ADOPTING ORDINANCE NO. 993 ESTABLISHING A
LODGING TAX ADVISORY COMMITTEE, DEFINING THE DUTIES AND
FUNCTIONS OF THE COMMITTEE AND DECLARING AN EFFECTIVE DATE.
CARRIED.
9.
Old Business –none scheduled
10.
Mayor and Council Initiatives
Councilmember Foster is unable to attend the upcoming Nisqually River Council
meeting. The meeting is this Friday at 9 am at the Nisqually Wildlife Refuge for
anyone interested in attending. Councilmember Foster had the opportunity to
witness the Secret Santa program around Christmas time. An anonymous donor
gave $5,000 to The Yelm Police Department to give out to citizens in $100 dollar
bills that they felt could use the money. Councilmember Foster thanked the
anonymous donor for the generous donation to our community and stated it was a
nice thing that the Police Department were able to do for the citizens. Mayor
Harding stated it was a well received and appreciated program.
Councilmember Isom attended the Thurston Regional Planning Council meeting
and their 2015 Legislative Priorities are Transportation, fix I-5 near JBLM (improve
intersections and add capacity); preserve and maintain the Multimodal System,
maintain and increase Regional and Rural Mobility Funding, maintain and grow
public transportation services, create a Facilities Replacement Account to allow
money from sale of WSDOT properties to be banked for WSDOT facilities projects,
homelessness & affordable housing, shared revenue options, liquor & marijuana
and sewer conversions.
Councilmember Littlefield attended the Thurston County HOME Consortium and
reported there will be a Homeless Connect event January 29th at the Yelm
Community Services facility from 1pm - 4pm. They will be compiling homeless
census numbers, giving free haircuts, free adult flu shots, medical screening, and
free food and making connections for people that are in need of assistance.
Councilmember Littlefield also brought a big red bin to be placed at City Hall for
gently used hats, scarves, gloves, blankets, sleeping bags and warm coats that will
go to persons in need at the event.
Councilmember Wood attended the Intercity Transit Board meeting for
Councilmember Baker. Karen Venezuela was recognized for her time spent on the
board and there was a presentation on the Bus Buddy program. Councilmember
Woods attended the TComm 911 Admin Board meeting where they set up an
evaluation process for the Executive Director position.
Councilmember Garmann followed up on the report he gave last December
regarding the Thurston County’s Account Restitution Center (ARC) building in
Thurston County. There was an article in the Seattle Times stating it costs ½
million dollars to maintain the empty building which was built four years ago. The
building was intended to be a replacement for the existing jail so there is no new
capacity. Mayor Harding stated it is a difficult issue because Thurston County is not
offering any new funding to maintain and operate the ARC building. Mayor Harding
suggested a meeting with the Sheriff so that Councilmember Garmann could better
Agenda Item 6. a. Minutes
Page 3 of 3
understand the issues regarding the ARC building. Mayor Harding will arrange the
meeting and even attend with Councilmember Garmann.
Councilmember Hendrickson attended the Yelm Emergency Operations Board
meeting today but the meeting had been cancelled. Councilmember Hendrickson
then met with Chief Stancil and discussed emergency meals for staff that work
during emergencies. They also discussed fuel alternatives. Councilmember
Hendrickson also attended Orval French’s Retirement party from the Fire
Department and the Chamber Luncheon where Andy Wolfe spoke about the
upcoming School Bond.
Mayor Harding has been working closely with several Legislatures who are
prepping for this year’s session. The City of Yelm has a couple of Capital requests
for the upcoming session. The City is also supporting a request made by Yelm
Senior Center and the funding for the SR510 Bypass. Mayor Harding has
expressed the importance of these issues to the Legislatures in hopes those
requests will be granted. Mayor Harding will be attending the Association of
Washington Cities Mayors Exchange this week and tomorrow will be attending the
Thurston County State of the City address where he will be presenting a
condensed version of Yelm’s State of the City presentation.
Councilmember Baker thanked Councilmember Wood for attending the Intercity
Transit Board meeting in his absence and thanked him for the great report.
11.
Executive Session – none scheduled
12.
Correspondence included –
Thurston Regional Planning Council Pre-Agenda Friday, January 9, 2015
Nisqually Watershed Salmon Recovery Newsletter Winter 2014/2015
Thurston County Chamber of Commerce Voice Jan/Feb 2015
Federal Energy Regulatory Commission Project update December 2014
13.
Adjourn 6:30 pm.
___________________________
Ron Harding, Mayor
Attest: _________________________
Lori Mossman, Deputy City Clerk
Adenga Item 6b.
VOUCHER APPROVAL FORM
The following is a list of checks approved for payment at January 27th council
PR Draw Direct Deposit
PR Draw Checks
Payroll Draw AP Checks/EFT
Vouchers
Utility Refunds
99999
63983
99999
63987
NA
99999
63986
99999
64049
NA
TOTAL
$
$
$
$
$
21,885.04
2,694.32
6,944.23
185,386.88
-
$
216,910.47
____________________________ /_______________________________/________________________________
Mayor
Councilmember
Councilmember
____________________________/________________________________/________________________________
Councilmember
Councilmember
Councilmember
____________________________/_______________________________
Council member
Councilmember
ATTEST:_____________________________
CITY CLERK:_______ _______________________________
The above checks approved and signed by a majority of the Yelm City Council, are hereby approved for payment
passed on a motion by______________________________________________at a regular council meeting held
this 27th day of January 2015
1 of 13
1/27/2015 12:33 PM
VENDOR SET: 01
City of Yelm
BANK:
AP
ACCOUNTS PAYABLE
DATE RANGE: 1/27/2015 THRU 1/27/2015
A/P HISTORY CHECK REPORT
CHECK
DATE
AMOUNT
1/27/2015
Office Supp
Office Supp
Office Supp
Office Supp
Office Supp
Office Supp
93.66
93.66
26.76
5.35
25.42
22.75
ANIMAL SERVICES
Care of Various Dogs
ANIMAL CONTROL/CARE & CUSTOD
R
1/27/2015
Care of Various Dogs
180.00
ARAMARK UNIFORM SERVICES
UNIFORM SERVICES
UNIFORMS
UNIFORM SERVICES
UNIFORMS
UNIFORM SERVICES
UNIFORMS
R
UNIFORM
R
UNIFORM
R
UNIFORM
NAME
1113
I-460088
001 514.23.31.00
001 558.10.31.00
001 513.10.31.00
001 576.80.31.00
401 534.10.31.00
412 535.10.31.00
ADVANTAGE LASER PRODUCTS
Check on Bottom (4000)
OFFICE/OPERATING SUPPLIES
OFFICE/OPERATING SUPPLIES
OFFICE/OPERATING SUPPLIES
OFFICE/OPERATING SUPPLIES
GEN SVC OFFICE/OPR SUPPLIES
OFFICE/OPERATING SUPPLIES
R
Stock
Stock
Stock
Stock
Stock
Stock
I-2014 May 1-Dec 31
001 539.30.41.00
I-1987801781
412 535.10.25.00
I-1987813236
412 535.10.25.00
I-1987824618
412 535.10.25.00
0155
1518
ARBOR DAY FOUNDATION
I-2015 873-607-2101 Calson Membership dues
001 558.10.43.01
TREE: TRAVEL/TRAINING/DUES
0116
STATUS
up
up
up
up
up
up
1/27/2015
SERVICES
1/27/2015
SERVICES
1/27/2015
SERVICES
R
1/27/2015
Calson Membership du
CHECK
AMOUNT
267.60
180.00
063989
063989
112.73
063989
90.07
315.53
063990
15.00
4,942.00
I-18227
302 594.73.62.02
BCRA ARCHITECTS
Community Center
R
1/27/2015
COMMUNITY CENTER - CONST.MNGMTCommunity Center
2,748.40
I-50642
001 515.21.41.00
I-50647
001 515.22.41.00
BEAN GENTRY WHEELER & PETERNEL
Prosecutorial Services
R
1/27/2015
LEGAL SERVICES/CRIMINAL
Prosecutorial Servic
General Retainers
R
1/27/2015
LEGAL SERVICES/CIVIL
General Retainers
I-2509
001 521.10.43.00
BLUE LINE TRAINING
OIS Class
TRAVEL/TRAINING FEES
R
1/27/2015
OIS Class
CHECK
STATUS
112.73
R
1/27/2015
2015 Annual Dues
1617
CHECK
NO
063988
AWC
2015 Annual Dues
REGIONAL PLANNING
1903
DISCOUNT
063987
I-1-9-15 Dues
001 558.60.41.00
0168
1
Adenga Item 6b.
VENDOR I.D.
0146
PAGE:
15.00
063991
4,942.00
063992
2,748.40
063993
2,833.33
063993
3,075.00
5,908.33
063994
249.00
249.00
2 of 13
1/27/2015 12:33 PM
VENDOR SET: 01
City of Yelm
BANK:
AP
ACCOUNTS PAYABLE
DATE RANGE: 1/27/2015 THRU 1/27/2015
A/P HISTORY CHECK REPORT
PAGE:
Adenga Item 6b.
NAME
1916
I-14545469
401 534.10.42.03
412 535.10.42.03
I-14545470
001 518.81.42.03
CANON FINANCIAL SERVICES, INC
PW Copier Lease
R
1/27/2015
COMMUNICATIONS: COPIER
PW Copier Lease
COMMUNICATIONS: COPIER
PW Copier Lease
Finance Copier Lease
R
1/27/2015
COMMUNICATION: COPIERS
Finance Copier Lease
111.34
111.34
I-GA2734806
001 518.30.48.00
I-NA2734806
001 518.30.48.00
COASTWIDE LABORATORIES
Janitorial Supplies
CUSTODIAL/JANITORIAL SERVICE
Janitorial Supplies PD
CUSTODIAL/JANITORIAL SERVICE
R
1/27/2015
Janitorial Supplies
R
1/27/2015
Janitorial Supplies
125.83
I-33562539
001 518.81.42.04
401 534.10.42.01
412 535.10.42.01
COMCAST
Internet Services
COMMUNICATION: NETWORK
COMMUNICATIONS: PHONE
COMMUNICATIONS: PHONE
R
1/27/2015
Internet Services
Internet Services
Internet Services
I-11406
404 594.34.41.04
CONFLUENCE ENVIRONMENTAL CO
Deschutes Mitigation
R
1/27/2015
DESCHUTES WTR RIGHT MITIGATIONDeschutes Mitigation
I-INV1147427
001 518.81.42.03
001 518.81.42.03
001 518.81.42.03
001 518.81.42.03
401 534.10.42.03
412 535.10.42.03
COPIERS NORTHWEST
Copier Usage
COMMUNICATION: COPIERS
COMMUNICATION: COPIERS
COMMUNICATION: COPIERS
COMMUNICATION: COPIERS
COMMUNICATIONS: COPIER
COMMUNICATIONS: COPIER
I-14117037-010715
001 521.10.50.00
I-14275350 010915
401 534.10.49.00
CRYSTAL SPRINGS
Water Filtration System
R
1/27/2015
OFFICE/RADIO EQPT. REPAIR/MT Water Filtration Sys
Wtr Filtration Sys @ City Hall
R
1/27/2015
MISCELLANEOUS
Wtr Filtration Sys @
I-004-84748
412 535.50.48.00
CUMMINS NORTHWEST UNIT 50
R&M Generator (rats ate wire)
R
1/27/2015
TRMT. PLANT MTCE
R&M Generator (rats
I-212818
400 538.30.42.00
400 538.30.49.01
DATABAR
Storm Water Semi Annual Bill
COMMUNICATIONS/PHONE/POSTAGE
PRINTING
0274
1777
0280
1977
0292
0310
STATUS
CHECK
DATE
VENDOR I.D.
0268
2
R
1/27/2015
Court Copier Usage
CDD Copier Usage
PD Copier Usage
City Hall Copier Usa
PW Copier Usage
PW Copier Usage
R
1/27/2015
Storm Water Semi Ann
Storm Water Semi Ann
AMOUNT
DISCOUNT
CHECK
NO
CHECK
STATUS
CHECK
AMOUNT
063995
063995
237.31
459.99
063996
063996
238.07
363.90
063997
2,168.72
361.46
361.45
2,891.63
063998
7,098.75
7,098.75
063999
48.48
114.33
95.69
180.34
36.04
36.03
510.91
064000
27.18
064000
27.18
54.36
064001
1,518.09
1,518.09
064002
51.84
76.83
128.67
3 of 13
1/27/2015 12:33 PM
VENDOR SET: 01
City of Yelm
BANK:
AP
ACCOUNTS PAYABLE
DATE RANGE: 1/27/2015 THRU 1/27/2015
VENDOR I.D.
1024
NAME
A/P HISTORY CHECK REPORT
STATUS
CHECK
DATE
AMOUNT
R
1/27/2015
Camlock for Filter P
6.29
I-40077
401 534.50.48.00
DRAIN PRO INC
Dig Wtr Lines to Verify Size
SYSTEM GEN REPAIRS/MTCE
R
1/27/2015
Dig Wtr Lines to Ver
923.95
I-2015-01
001 512.83.41.00
DYSART, NATHAN
2015-01 Public Defender
INDIGENT DEFENSE COSTS
R
1/27/2015
2015-01 Public Defen
1,333.33
I-1349x
102 543.30.41.01
GJURASIC, DAVOR
2015-01 Lobbying Services
LOBBYIST CONTRACT SVCS
R
1/27/2015
2015-01 Lobbying Ser
2,000.00
I-13579.00-0000008
316 595.10.61.00
GRAY & OSBORNE, INC
Mosman Phase 2 Engineering
Mosman Phase 2 Engineering
R
1/27/2015
Mosman Phase 2 Engin
6,349.17
C-C347142
401 534.50.48.00
I-I3823547
412 535.80.48.00
I-I3825653
401 534.50.48.00
I-I3825657
401 534.50.48.00
HD FOWLER COMPANY
CR charges reapplied for taxes
R
1/27/2015
SYSTEM GEN REPAIRS/MTCE
CR charges reapplied
Collection System Rpr Parts
R
1/27/2015
COLLECTION REPAIRS/MAINT/SPT Collection System Rp
24 3/4" Wtr Meters 4 1" Mtrs
R
1/27/2015
SYSTEM GEN REPAIRS/MTCE
24 3/4" Wtr Meters 4
Meters, etc...
R
1/27/2015
SYSTEM GEN REPAIRS/MTCE
Meters, etc...
I-284424540
412 535.50.48.00
IDEXX
Testing Supplies fro WRF
TRMT. PLANT MTCE
I-2014-9494
412 535.50.48.00
I-2015-1011
412 535.50.48.00
INLAND ENVIRONMENTAL RESOURCES
Magnesium Hydroxide 60%
R
1/27/2015
TRMT. PLANT MTCE
Magnesium Hydroxide
Magnesium Hydroxide 60%
R
1/27/2015
TRMT. PLANT MTCE
Magnesium Hydroxide
0417
0432
0395
0463
1850
R
1/27/2015
Testing Supplies fro
CHECK
NO
CHECK
STATUS
CHECK
AMOUNT
064003
DOTY, JAMES
Camlock for Filter Project
TRMT. PLANT MTCE
0345
DISCOUNT
745.91
I-2015-0115
412 535.50.48.00
1501
3
Adenga Item 6b.
DEPT OF TRANSPORTATION (WASHDO
I-RE-313-ATB50113080 SR507/Mossman Improvements
R
1/27/2015
316 595.30.63.05
MOSMAN CONST. ENGINEERING
SR507/Mossman Improv
0338
PAGE:
745.91
064004
6.29
064005
923.95
064006
1,333.33
064007
2,000.00
064008
6,349.17
064009
17,778.60CR
064009
1,096.86
064009
6,782.15
064009
23,402.00
13,502.41
064010
1,584.33
1,584.33
064011
4,575.73
064011
3,964.29
8,540.02
4 of 13
1/27/2015 12:33 PM
VENDOR SET: 01
City of Yelm
BANK:
AP
ACCOUNTS PAYABLE
DATE RANGE: 1/27/2015 THRU 1/27/2015
A/P HISTORY CHECK REPORT
PAGE:
Adenga Item 6b.
NAME
1528
C-643219
401 534.50.48.00
C-643220
412 535.50.48.00
I-642995
401 534.50.48.00
I-642996
412 535.50.48.00
JCI JONES CHEMICALS, INC
Container Return
SYSTEM GEN REPAIRS/MTCE
Container Return
TRMT. PLANT MTCE
Chlorine for Water Treatment
SYSTEM GEN REPAIRS/MTCE
Chlorine & Sulfur Dioxide
TRMT. PLANT MTCE
I-I952514
001 511.30.44.00
I-I952515
001 558.10.44.00
LAFROMBOISE COMMUNICATIONS, IN
Home Occupation Permit
R
1/27/2015
OFFICIAL PUBLICATIONS SERVIC Home Occupation Perm
YMC Update to the UDC
R
1/27/2015
PRINTING & ADVERTISING
YMC Update to the UD
I-7508798MB
101 542.90.48.00
I-7508828MB
412 535.50.48.00
LAKESIDE INDUSTRIES
Street Asphalt Pot Hole Rpr
STREET REPAIRS/MAINTENANCE
Fix Asphalt after Swr Leak
TRMT. PLANT MTCE
R
1/27/2015
Street Asphalt Pot H
R
1/27/2015
Fix Asphalt after Sw
201.02
I-CD-00109
001 513.10.49.02
LAKEWOOD, CITY OF
So Sound Military/Comm. Part
SSM&C PARTNERSHIP
R
1/27/2015
So Sound Military/Co
6,500.00
I-022182
412 535.50.48.00
MOTORS & CONTROLS CORP
Amp Fuses for Air Compressors
R
1/27/2015
TRMT. PLANT MTCE
Amp Fuses for Air Co
169.08
I-1501-373532
412 535.50.48.00
I-1501-373573
412 535.50.48.00
I-1501-373577
412 535.50.48.00
I-1501-373649
412 535.50.48.00
I-1501-373834
412 535.50.48.00
I-1501-375469
101 542.64.48.00
I-1501-375897
412 535.10.35.00
I-1501-375911
412 535.80.48.00
I-1501-376055
MOUNTAIN LUMBER & HARDWARE
Bolts
TRMT. PLANT MTCE
Tees,Valve,Adapter
TRMT. PLANT MTCE
Paint Rollers, Bushing
TRMT. PLANT MTCE
Ext Cord, Misc Bolts
TRMT. PLANT MTCE
2x6
TRMT. PLANT MTCE
Redi-Mix Concrete
SIDEWALK REPAIR MAINTENANCE
Sawzall Blades
SMALL TOOLS/MINOR EQUIPMENT
Couplers for Sys Rpr
COLLECTION REPAIRS/MAINT/SPT
Parts for Swr Rpr
0551
1899
0636
0638
STATUS
CHECK
DATE
VENDOR I.D.
0550
4
R
1/27/2015
Container Return
R
1/27/2015
Container Return
R
1/27/2015
Chlorine for Water T
R
1/27/2015
Chlorine & Sulfur Di
R
1/27/2015
Bolts
R
1/27/2015
Tees,Valve,Adapter
R
1/27/2015
Paint Rollers, Bushi
R
1/27/2015
Ext Cord, Misc Bolts
R
1/27/2015
2x6
R
1/27/2015
Redi-Mix Concrete
R
1/27/2015
Sawzall Blades
R
1/27/2015
Couplers for Sys Rpr
R
1/27/2015
AMOUNT
DISCOUNT
CHECK
NO
CHECK
STATUS
CHECK
AMOUNT
064012
100.00CR
064012
799.97CR
064012
349.82
064012
2,306.57
1,756.42
064013
48.26
064013
113.81
162.07
064014
94.30
064014
295.32
064015
6,500.00
064016
169.08
064017
9.50
064017
13.97
064017
20.61
064017
51.11
064017
10.52
064017
62.83
064017
13.02
064017
4.30
064017
5 of 13
1/27/2015 12:33 PM
VENDOR SET: 01
City of Yelm
BANK:
AP
ACCOUNTS PAYABLE
DATE RANGE: 1/27/2015 THRU 1/27/2015
A/P HISTORY CHECK REPORT
0638
I-1501-376055
412 535.50.48.00
I-1501-376203
401 534.50.35.00
I-1501-377639
412 535.50.48.00
I-3742-377817
001 576.80.48.06
MOUNTAIN LUMBER & HARDCONT
Parts for Swr Rpr
R
1/27/2015
TRMT. PLANT MTCE
Parts for Swr Rpr
Cleaning Supplies-Pump House
R
1/27/2015
BLDG MAINT/SUPPLIES
Cleaning Supplies-Pu
Parts for Install compressor
R
1/27/2015
TRMT. PLANT MTCE
Parts for Install co
Cleaning Sups Graffity Trailhd
R
1/27/2015
BLDG/GROUNDS/MTCE-TRAIL
Cleaning Sups Graffi
I-1837
001 523.60.51.00
I-1865
001 523.60.51.00
NISQUALLY POLICE DEPT
2014-07 Prisoner Care
CARE & CUSTODY OF PRISONERS
2014-10 Prisoner Care
CARE & CUSTODY OF PRISONERS
R
2014-07
R
2014-10
I-ProgPay#7
316 595.61.63.04
NOVA CONTRACTING INC
Prog Pay #7
MOSMAN REALIGNMENT-CONST
R
1/27/2015
Prog Pay #7
C-3742-382567
101 542.30.48.00
I-3742-380259
001 518.20.48.00
I-3742-380884
401 534.50.48.01
I-3742-381260
001 518.20.48.00
I-3742-382492
101 542.30.48.00
I-3742-382541
001 521.10.48.00
I-3742-382660
101 542.30.35.00
401 534.50.48.01
412 535.50.48.02
001 521.10.48.00
I-3742-382709
101 542.30.48.00
I-3742-382843
101 542.30.48.00
I-3742-383020
001 576.80.48.06
I-3742-383658
101 542.30.35.00
O'REILLY AUTO PARTS
Return Spark Plugs
VEHICLE REPAIR/MAINTENANCE
Brushes to clean COY Sign
BUILDING MAINT/REPAIRS
Oil Filter for Dump Truck
VEHICLE REPAIRS/MTCE
Degreaser for COY Sign
BUILDING MAINT/REPAIRS
Spark Plugs (Returned)
VEHICLE REPAIR/MAINTENANCE
Wiper Blades
VEHICLE REPAIRS & MTCE.
Eng Code Scan Tool
SMALL TOOLS & MINOR EQUIPMEN
VEHICLE REPAIRS/MTCE
EQUIP/VEH REPAIRS & MTCE
VEHICLE REPAIRS & MTCE.
Adapter
VEHICLE REPAIR/MAINTENANCE
Power Outlet Slope Mower
VEHICLE REPAIR/MAINTENANCE
Brake Cleaner
BLDG/GROUNDS/MTCE-TRAIL
Air Rachet - Shop Tool
SMALL TOOLS & MINOR EQUIPMEN
R
1/27/2015
Return Spark Plugs
R
1/27/2015
Brushes to clean COY
R
1/27/2015
Oil Filter for Dump
R
1/27/2015
Degreaser for COY Si
R
1/27/2015
Spark Plugs (Returne
R
1/27/2015
Wiper Blades
R
1/27/2015
Eng Code Scan Tool
Eng Code Scan Tool
Eng Code Scan Tool
Eng Code Scan Tool
R
1/27/2015
Adapter
R
1/27/2015
Power Outlet Slope M
R
1/27/2015
Brake Cleaner
R
1/27/2015
Air Rachet - Shop To
1555
STATUS
CHECK
DATE
NAME
1950
5
Adenga Item 6b.
VENDOR I.D.
0672
PAGE:
1/27/2015
Prisoner Car
1/27/2015
Prisoner Car
AMOUNT
DISCOUNT
CHECK
NO
CHECK
STATUS
CHECK
AMOUNT
064017
13.66
064017
34.21
064017
85.85
064017
24.96
344.54
064018
71.63
064018
72.71
144.34
064019
26,721.31
26,721.31
064020
13.00CR
064020
5.58
064020
21.65
064020
13.03
064020
13.00
064020
47.81
064020
54.35
54.35
54.35
54.34
064020
17.70
064020
6.73
064020
35.09
064020
34.77
399.75
6 of 13
1/27/2015 12:33 PM
VENDOR SET: 01
City of Yelm
BANK:
AP
ACCOUNTS PAYABLE
DATE RANGE: 1/27/2015 THRU 1/27/2015
A/P HISTORY CHECK REPORT
PAGE:
Adenga Item 6b.
VENDOR I.D.
NAME
CHECK
DATE
AMOUNT
0691
I-747766739001
001 521.10.31.00
OFFICE DEPOT, INC. 37564515 (
Office Supplies
R
1/27/2015
OFFICE/OPERATING SUPPLIES
Office Supplies
56.44
I-035278
001 558.60.41.00
OLYMPIA, PORT OF
2015 FTZ Budget
REGIONAL PLANNING
R
1/27/2015
2015 FTZ Budget
12.74
I-13821
001 518.20.48.00
PCI PEST CONTROL, LLC
Quarterly Pest Control
BUILDING MAINT/REPAIRS
R
1/27/2015
Quarterly Pest Contr
108.70
I-105076100
302 594.73.62.03
PSE, c/o POTELCO, INC.
Power Ext to Comm Center
R
1/27/2015
COMMUNITY CENTER - CONSTRUCT. Power Ext to Comm Ce
27,657.10
I-0002457-IN
001 572.10.41.00
PRAIRIE PARK PROPERTY SERVICES
Elect Sign Board Space Library
R
1/27/2015
LIBRARY SERVICES O&M
Elect Sign Board Spa
1,525.00
I-1/15 200003489065
412 535.10.47.00
I-1/15 200011589278
401 534.10.47.00
I-1/15 200018922415
001 518.90.00.00
I-1/15 200018922597
107 575.50.00.00
I-1/15 200018922787
001 576.80.47.00
I-1/15 300000004915
412 535.10.47.00
I-1/15 300000005276
101 542.63.00.00
I-1/15 300000005980
001 518.90.00.00
001 576.80.47.00
401 534.10.47.00
412 535.10.47.00
I-420000030098
412 535.80.48.00
PUGET SOUND ENERGY
200003489065 Pwr Bill
R
1/27/2015
PUBLIC UTILITIES SERVICES
200003489065 Pwr Bil
200011589278 Pwr Bill
R
1/27/2015
PUBLIC UTILITIES SERVICES
200011589278 Pwr Bil
200018922415 Pwr Bill
R
1/27/2015
PUBLIC UTILITIES (Wtr/Swr/Pwr)200018922415 Pwr Bil
200018922597 Pwr Bill
R
1/27/2015
MUSEUM FAC RNT/REPAIR/OP/MNT 200018922597 Pwr Bil
200018922787 Pwr Bill
R
1/27/2015
PUBLIC UTILITY SERVICES
200018922787 Pwr Bil
300000004915 Pwr Bill
R
1/27/2015
PUBLIC UTILITIES SERVICES
300000004915 Pwr Bil
300000005276 Pwr Bill
R
1/27/2015
STREET LIGHTING
300000005276 Pwr Bil
300000004980 Pwr Bill
R
1/27/2015
PUBLIC UTILITIES (Wtr/Swr/Pwr)300000004980 04/07/2
PUBLIC UTILITY SERVICES
300000004980 04/07/2
PUBLIC UTILITIES SERVICES
300000004980 04/07/2
PUBLIC UTILITIES SERVICES
300000004980 04/07/2
Remove AutoXfmr @ Swr Pump
R
1/27/2015
COLLECTION REPAIRS/MAINT/SPT Remove AutoXfmr @ Sw
0700
0723
0740
0742
0751
6
STATUS
DISCOUNT
CHECK
NO
CHECK
STATUS
CHECK
AMOUNT
064021
56.44
064022
12.74
064023
108.70
064024
27,657.10
064025
1,525.00
064026
4,318.47
064026
2,463.48
064026
2,945.03
064026
172.69
064026
372.40
064026
469.96
064026
10,274.44
064026
1,235.25
1,442.16
501.28
2,402.15
064026
1,001.01
27,598.32
7 of 13
1/27/2015 12:33 PM
VENDOR SET: 01
City of Yelm
BANK:
AP
ACCOUNTS PAYABLE
DATE RANGE: 1/27/2015 THRU 1/27/2015
A/P HISTORY CHECK REPORT
PAGE:
Adenga Item 6b.
AMOUNT
1/27/2015
Supplies
Supplies
Supplies
Supplies
Supplies
Supplies
235.10
235.10
67.17
13.43
63.81
57.11
NAME
0761
I-9634992
001 514.23.31.00
001 558.10.31.00
001 513.10.31.00
001 576.80.31.00
401 534.10.31.00
412 535.10.31.00
QUILL CORPORATION
Ink, Paper, PostIts,supplies
OFFICE/OPERATING SUPPLIES
OFFICE/OPERATING SUPPLIES
OFFICE/OPERATING SUPPLIES
OFFICE/OPERATING SUPPLIES
GEN SVC OFFICE/OPR SUPPLIES
OFFICE/OPERATING SUPPLIES
R
Office
Office
Office
Office
Office
Office
I-8507014475a
001 521.10.31.00
RECALL SDS
Document Destruction
OFFICE/OPERATING SUPPLIES
R
1/27/2015
Document Destruction
I-1501141-011415
412 535.80.35.00
SAFEWAY
Acct: 95378
Vinegar
SMALL TOOLS/MINOR EQUIPMENT
R
1/27/2015
Vinegar
4.19
I-71590
001 515.20.41.00
SUMMIT LAW GROUP PLLC
Labor Relations
LABOR RELATIONS CONSULTANT
R
1/27/2015
Labor Relations
2,500.56
I-50279788-001
401 534.50.48.00
SUNBELT RENTALS, INC
Marking Paint for Valves
SYSTEM GEN REPAIRS/MTCE
R
1/27/2015
Marking Paint for Va
C-103467
101 542.30.35.00
I-103449
412 535.10.35.00
I-103453
412 535.10.35.00
I-103461
412 535.10.35.00
I-103466
101 542.30.35.00
SUNBIRDS
Air Rachet Returned
SMALL TOOLS & MINOR EQUIPMEN
Propane Bottles
SMALL TOOLS/MINOR EQUIPMENT
Pails to Move Sand to Filter
SMALL TOOLS/MINOR EQUIPMENT
Spray Botle (For Vinegar)
SMALL TOOLS/MINOR EQUIPMENT
Air Rachet (Returned)
SMALL TOOLS & MINOR EQUIPMEN
R
1/27/2015
Air Rachet Returned
R
1/27/2015
Propane Bottles
R
1/27/2015
Pails to Move Sand t
R
1/27/2015
Spray Botle (For Vin
R
1/27/2015
Air Rachet (Returned
I-2015-02
104 591.00.66.01
104 592.00.83.01
Susan Fuhlman, Trustee, Lloyd
2015-02 Installment Pmt
R
1/27/2015
REICHEL LOAN - PRINCIPAL
2015-02 Installment
REICHEL LOAN - INTEREST
2015-02 Installment
I-90603033
412 535.80.48.02
TACOMA CITY TREASURER
2014-12 Sludge Discharge
WASTE ACTIVATED SLUDGE DISPO
0805
1975
1681
0863
1933
1280
STATUS
CHECK
DATE
VENDOR I.D.
0771
7
R
1/27/2015
2014-12 Sludge Disch
DISCOUNT
CHECK
NO
CHECK
STATUS
CHECK
AMOUNT
064027
671.72
064028
19.95
19.95
064029
4.19
064030
2,500.56
064031
52.05
52.05
064032
34.77CR
064032
7.32
064032
43.37
064032
2.16
064032
37.81
55.89
064033
657.85
78.81
736.66
064034
2,642.54
2,642.54
8 of 13
1/27/2015 12:33 PM
VENDOR SET: 01
City of Yelm
BANK:
AP
ACCOUNTS PAYABLE
DATE RANGE: 1/27/2015 THRU 1/27/2015
A/P HISTORY CHECK REPORT
PAGE:
Adenga Item 6b.
CHECK
DATE
AMOUNT
TACOMA SCREW PRODUCTS
Sand Filter
TRMT. PLANT MTCE
R
1/27/2015
Sand Filter
3.72
I-2015-Q1-7015
401 534.10.42.01
THURSTON 911 COMMUNICATIONS
Communication Services
COMMUNICATIONS: PHONE
R
1/27/2015
Communication Servic
218.00
I-588203
001 558.10.49.00
THURSTON CO AUDITOR
Document Recordings
MISC/RECORD ORDINANCES
R
1/27/2015
Document Recordings
301.00
I-2015-0109
401 534.80.48.00
THURSTON CO DRINKING WATER LAB
Bactic 12/16 (10)
R
1/27/2015
WATER SAMPLING FEES
Bactic 12/16 (10)
I-6981
412 535.10.42.02
UPS STORE
Sample Shipping Costs
COMMUNICATIONS: POSTAGE
R
1/27/2015
Sample Shipping Cost
I-533805
412 535.80.35.00
USA BLUEBOOK
Testing Supplies
SMALL TOOLS/MINOR EQUIPMENT
R
1/27/2015
Testing Supplies
923.47
I-2015-00421
001 521.10.41.00
WA ASSOCIATION OF SHERRIFS & P
Stancil - Dues
R
1/27/2015
PROFESSIONAL SERVICES
Stancil - Dues
180.00
I-2015a-WA0040762
412 535.10.49.00
WA STATE DEPT OF ECOLOGY
2015 Wastewater Permit
MISCELLANEOUS/DUES/FEES
I-4520092
412 535.50.48.00
WATERHOUSE ENVIRONMENTAL SERVI
Isopac 80
R
1/27/2015
TRMT. PLANT MTCE
Isopac 80
I-5001828499
001 518.81.42.03
WELLS FARGO
CDD Copier Lease
COMMUNICATION: COPIERS
R
1/27/2015
CDD Copier Lease
I-2015-01
001 551.10.49.00
YELM ADULT COMMUNITY CENTER
2015-01 Month Contribution
ANNUAL CONTRIBUTIONS
R
1/27/2015
2015-01 Month Contri
VENDOR I.D.
NAME
0875
I-17078507a
412 535.50.48.00
0898
0895
0893
0936
0937
0963
0995
1686
1035
0815
8
STATUS
R
1/27/2015
2015 Wastewater Perm
DISCOUNT
CHECK
NO
CHECK
STATUS
CHECK
AMOUNT
064035
3.72
064036
218.00
064037
301.00
064038
270.00
270.00
064039
16.40
16.40
064040
923.47
064041
180.00
064042
2,887.92
2,887.92
064043
10,226.50
10,226.50
064044
234.05
234.05
064045
1,000.00
1,000.00
9 of 13
1/27/2015 12:33 PM
VENDOR SET: 01
City of Yelm
BANK:
AP
ACCOUNTS PAYABLE
DATE RANGE: 1/27/2015 THRU 1/27/2015
A/P HISTORY CHECK REPORT
1068
I-1400001385
001 558.10.32.00
001 521.10.32.00
001 576.80.32.00
412 535.80.32.00
101 542.30.32.00
401 534.80.32.00
YELM COMMUNITY SCHOOLS
2014-12 Fuel Usage
FUEL
FUEL CONSUMED/OIL
FUEL CONSUMED
FUEL CONSUMED
FUEL CONSUMED
FUEL/OIL CONSUMED
R
2014-12
2014-12
2014-12
2014-12
2014-12
2014-12
I-2015-01
001 551.10.49.00
YELM COMMUNITY SERVICES
2015-01 Monthly Contribution
ANNUAL CONTRIBUTIONS
R
1/27/2015
2015-01 Monthly Cont
I-859470
001 576.80.35.00
I-859471
001 576.80.35.00
YELM LAWN & SAW SHOP
Chains, Files, handles
SMALL TOOLS & MINOR EQUIPMEN
Belt, Mower Blades
SMALL TOOLS & MINOR EQUIPMEN
R
1/27/2015
Chains, Files, handl
R
1/27/2015
Belt, Mower Blades
I-0173913
101 542.90.48.00
ZUMAR INDUSTRIES, INC.
Street Sign Inventory
STREET REPAIRS/MAINTENANCE
R
1/27/2015
Street Sign Inventor
1094
* * T O T A L S * *
REGULAR CHECKS:
HAND CHECKS:
DRAFTS:
EFT:
NON CHECKS:
1/27/2015
Fuel Usage
Fuel Usage
Fuel Usage
Fuel Usage
Fuel Usage
Fuel Usage
NO
63
0
0
0
0
VOID CHECKS:
TOTAL ERRORS:
STATUS
CHECK
DATE
NAME
1075
9
Adenga Item 6b.
VENDOR I.D.
1070
PAGE:
0 VOID DEBITS
VOID CREDITS
0.00
0.00
AMOUNT
DISCOUNT
CHECK
NO
CHECK
STATUS
CHECK
AMOUNT
064046
114.81
3,149.50
786.35
363.17
296.50
868.74
5,579.07
064047
200.00
200.00
064048
65.48
064048
75.40
140.88
064049
433.61
433.61
INVOICE AMOUNT
185,386.88
0.00
0.00
0.00
0.00
DISCOUNTS
0.00
0.00
0.00
0.00
0.00
0.00
0.00
CHECK AMOUNT
185,386.88
0.00
0.00
0.00
0.00
0
** G/L ACCOUNT TOTALS **
G/L ACCOUNT
NAME
AMOUNT
---------------------------------------------------------------------001
001
001
001
001
001
511.30.44.00
512.83.41.00
513.10.31.00
513.10.49.02
514.23.31.00
515.20.41.00
OFFICIAL PUBLICATIONS SERVIC
INDIGENT DEFENSE COSTS
OFFICE/OPERATING SUPPLIES
SSM&C PARTNERSHIP
OFFICE/OPERATING SUPPLIES
LABOR RELATIONS CONSULTANT
48.26
1,333.33
93.93
6,500.00
328.76
2,500.56
10 of 13
1/27/2015 12:33 PM
VENDOR SET: 01
City of Yelm
BANK:
AP
ACCOUNTS PAYABLE
DATE RANGE: 1/27/2015 THRU 1/27/2015
A/P HISTORY CHECK REPORT
PAGE:
10
Adenga Item 6b.
** G/L ACCOUNT TOTALS **
G/L ACCOUNT
NAME
AMOUNT
---------------------------------------------------------------------001
001
001
001
001
001
001
001
001
001
001
001
001
001
001
001
001
001
001
001
001
001
001
001
001
001
001
001
515.21.41.00
515.22.41.00
518.20.48.00
518.30.48.00
518.81.42.03
518.81.42.04
518.90.00.00
521.10.31.00
521.10.32.00
521.10.41.00
521.10.43.00
521.10.48.00
521.10.50.00
523.60.51.00
539.30.41.00
551.10.49.00
558.10.31.00
558.10.32.00
558.10.43.01
558.10.44.00
558.10.49.00
558.60.41.00
572.10.41.00
576.80.31.00
576.80.32.00
576.80.35.00
576.80.47.00
576.80.48.06
LEGAL SERVICES/CRIMINAL
LEGAL SERVICES/CIVIL
BUILDING MAINT/REPAIRS
CUSTODIAL/JANITORIAL SERVICE
COMMUNICATION: COPIERS
COMMUNICATION: NETWORK
PUBLIC UTILITIES (Wtr/Swr/Pwr)
OFFICE/OPERATING SUPPLIES
FUEL CONSUMED/OIL
PROFESSIONAL SERVICES
TRAVEL/TRAINING FEES
VEHICLE REPAIRS & MTCE.
OFFICE/RADIO EQPT. REPAIR/MT
CARE & CUSTODY OF PRISONERS
ANIMAL CONTROL/CARE & CUSTOD
ANNUAL CONTRIBUTIONS
OFFICE/OPERATING SUPPLIES
FUEL
TREE: TRAVEL/TRAINING/DUES
PRINTING & ADVERTISING
MISC/RECORD ORDINANCES
REGIONAL PLANNING
LIBRARY SERVICES O&M
OFFICE/OPERATING SUPPLIES
FUEL CONSUMED
SMALL TOOLS & MINOR EQUIPMEN
PUBLIC UTILITY SERVICES
BLDG/GROUNDS/MTCE-TRAIL
*** FUND TOTAL ***
2,833.33
3,075.00
127.31
363.90
910.20
2,168.72
4,180.28
76.39
3,149.50
180.00
249.00
102.15
27.18
144.34
180.00
1,200.00
328.76
114.81
15.00
113.81
301.00
4,954.74
1,525.00
18.78
786.35
140.88
1,814.56
60.05
39,945.88
101
101
101
101
101
101
542.30.32.00
542.30.35.00
542.30.48.00
542.63.00.00
542.64.48.00
542.90.48.00
FUEL CONSUMED
SMALL TOOLS & MINOR EQUIPMEN
VEHICLE REPAIR/MAINTENANCE
STREET LIGHTING
SIDEWALK REPAIR MAINTENANCE
STREET REPAIRS/MAINTENANCE
*** FUND TOTAL ***
296.50
92.16
24.43
10,274.44
62.83
527.91
11,278.27
102 543.30.41.01
LOBBYIST CONTRACT SVCS
*** FUND TOTAL ***
2,000.00
2,000.00
104 591.00.66.01
104 592.00.83.01
REICHEL LOAN - PRINCIPAL
REICHEL LOAN - INTEREST
*** FUND TOTAL ***
657.85
78.81
736.66
107 575.50.00.00
MUSEUM FAC RNT/REPAIR/OP/MNT
*** FUND TOTAL ***
172.69
172.69
11 of 13
1/27/2015 12:33 PM
VENDOR SET: 01
City of Yelm
BANK:
AP
ACCOUNTS PAYABLE
DATE RANGE: 1/27/2015 THRU 1/27/2015
A/P HISTORY CHECK REPORT
PAGE:
11
Adenga Item 6b.
** G/L ACCOUNT TOTALS **
G/L ACCOUNT
NAME
AMOUNT
---------------------------------------------------------------------302 594.73.62.02
302 594.73.62.03
COMMUNITY CENTER - CONST.MNGMT
COMMUNITY CENTER - CONSTRUCT.
*** FUND TOTAL ***
2,748.40
27,657.10
30,405.50
316 595.10.61.00
316 595.30.63.05
316 595.61.63.04
Mosman Phase 2 Engineering
MOSMAN CONST. ENGINEERING
MOSMAN REALIGNMENT-CONST
*** FUND TOTAL ***
6,349.17
745.91
26,721.31
33,816.39
400 538.30.42.00
400 538.30.49.01
COMMUNICATIONS/PHONE/POSTAGE
PRINTING
*** FUND TOTAL ***
401
401
401
401
401
401
401
401
401
401
GEN SVC OFFICE/OPR SUPPLIES
COMMUNICATIONS: PHONE
COMMUNICATIONS: COPIER
PUBLIC UTILITIES SERVICES
MISCELLANEOUS
BLDG MAINT/SUPPLIES
SYSTEM GEN REPAIRS/MTCE
VEHICLE REPAIRS/MTCE
FUEL/OIL CONSUMED
WATER SAMPLING FEES
*** FUND TOTAL ***
534.10.31.00
534.10.42.01
534.10.42.03
534.10.47.00
534.10.49.00
534.50.35.00
534.50.48.00
534.50.48.01
534.80.32.00
534.80.48.00
404 594.34.41.04
DESCHUTES WTR RIGHT MITIGATION
*** FUND TOTAL ***
412
412
412
412
412
412
412
412
412
412
412
412
412
412
UNIFORMS
OFFICE/OPERATING SUPPLIES
SMALL TOOLS/MINOR EQUIPMENT
COMMUNICATIONS: PHONE
COMMUNICATIONS: POSTAGE
COMMUNICATIONS: COPIER
PUBLIC UTILITIES SERVICES
MISCELLANEOUS/DUES/FEES
TRMT. PLANT MTCE
EQUIP/VEH REPAIRS & MTCE
FUEL CONSUMED
SMALL TOOLS/MINOR EQUIPMENT
COLLECTION REPAIRS/MAINT/SPT
WASTE ACTIVATED SLUDGE DISPO
*** FUND TOTAL ***
535.10.25.00
535.10.31.00
535.10.35.00
535.10.42.01
535.10.42.02
535.10.42.03
535.10.47.00
535.10.49.00
535.50.48.00
535.50.48.02
535.80.32.00
535.80.35.00
535.80.48.00
535.80.48.02
51.84
76.83
128.67
89.23
579.46
147.38
2,964.76
27.18
34.21
13,631.37
76.00
868.74
270.00
18,688.33
7,098.75
7,098.75
315.53
79.86
65.87
361.45
16.40
147.37
7,190.58
2,887.92
23,960.87
54.35
363.17
927.66
2,102.17
2,642.54
41,115.74
12 of 13
1/27/2015 12:33 PM
VENDOR SET: 01
City of Yelm
BANK:
AP
ACCOUNTS PAYABLE
DATE RANGE: 1/27/2015 THRU 1/27/2015
VENDOR I.D.
A/P HISTORY CHECK REPORT
BANK: AP
BANK: AP
REPORT TOTALS:
TOTALS:
TOTALS:
12
Adenga Item 6b.
NAME
VENDOR SET: 01
PAGE:
STATUS
CHECK
DATE
AMOUNT
DISCOUNT
CHECK
NO
CHECK
STATUS
CHECK
AMOUNT
NO
63
INVOICE AMOUNT
185,386.88
DISCOUNTS
0.00
CHECK AMOUNT
185,386.88
63
185,386.88
0.00
185,386.88
63
185,386.88
0.00
185,386.88
13 of 13
Agenda Item 7. Notice of Public Hearing
Page 1 of 1
City of Yelm
Community Development Department
105 Yelm Avenue West
Yelm, WA 98597
Yelm City Council
Notice of Public Hearing
Amendment to the Yelm Municipal Code
adopting a Unified Development Code.
The Yelm City Council has scheduled a public hearing to receive comments on a
proposed amendment to the Yelm Municipal Code.
The hearing is scheduled for 6:00 PM on Tuesday, January 27, 2015, and will take
place in the Council Chambers/Court Room at the Yelm Public Safety Building, 206
McKenzie Street SE.
The Unified Development Code (UDC) is a single comprehensive document used as the
primary guide for development within the City. The UDC is a compilation of existing
zoning and subdivision regulations, along with other development related regulations
found elsewhere in the Yelm Municipal Code, the Yelm Development Guidelines, and
the Yelm Design Guidelines.
For additional information, please contact Tami Merriman at 360-458-3835. Written
comments will be received up to the close of the public hearing. Written comments may
be submitted at the hearing or may be mailed to Tami Merriman, City of Yelm, 105 Yelm
Avenue West, Yelm, WA 98597.
It is the City of Yelm's policy to provide reasonable accommodations for people with
disabilities. If you are a person with a disability in need of accommodations to conduct
business or to participate in government processes or activities please contact Janine
Schnepf at 360-458-8402 at least five working days prior to the scheduled event.
Janine Schnepf, City Clerk
Published: Nisqually Valley News: January 16, 2015
PLEASE DO NOT PUBLISH BELOW THIS LINE
Posted
Yelm City Hall and Yelm Timberland Library
Agenda Item 8. a. Unified Development Code
Page 1 of 340
City of Yelm
STAFF REPORT
To:
Mayor Ron Harding
Yelm City Council
From:
Tami Merriman, Associate Planner
Date:
January 16, 2015 (for January 27, 2015 City Council Meeting)
Subj:
Adoption of a Unified Development Code and other amendments to the Yelm
Municipal Code
Recommendation
Adopt Ordinance 995, creating a new Title 18 – Unified Development Code, and
amending Titles 1, 2, 5, 6, and 9 YMC, and repealing Titles 14, 15, 16, and 17 YMC,
and creating a new Title 15 YMC.
Background
The City of Yelm first adopted development regulations to implement the policies of the
Comprehensive Plan 20 years ago. Over time, these regulations have been edited,
updated, and expanded. These regulations are located throughout the Yelm Municipal
Code, Yelm Development Guidelines and Yelm Design Guidelines. To help clarify
regulations and the permitting process, all development related requirements and
processes have been compiled and arranged into one document, a Unified
Development Code (UDC).
With the creation of the UDC, staff and the Yelm Planning Commission reviewed the
permit process and development standards for clarity, outdated information, and for
ease of use.
The Planning Commission conducted an extensive public outreach and participation
program in order to engage citizens, the local real estate community, developers, and
business groups. Staff made presentations before a number of these stakeholder
groups and the Planning Commission held numerous meetings and hosted a public
open house.
As required by the Growth Management Act, the draft was also sent to the Washington
State Department of Commerce for distribution to reviewing state agencies for
comment, although no State agency provided any input into the document.
Agenda Item 8. a. Unified Development Code
Page 2 of 340
The Yelm Planning Commission held a public hearing on April 21, 2014 to receive final
comments on the draft document. The Planning Commission reviewed all comments
received throughout the process in detail, and addressed many of the comments by
amending the draft language in the UDC.
The Planning Commission voted unanimously to recommend that the City Council adopt
the proposed amendments.
Many development regulations appeared in Municipal Code Chapters that are not
traditionally related to zoning and permitting. Regulations for kennels were found both
in the Zoning Code and the Animal Control Chapter of the Municipal Code.
As all development related regulations are being consolidated in the UDC, updates to
various Titles and Chapters of the Municipal Code are required as part of the adoption
of the UDC.
Chapter 5.52 YMC – Adult Entertainment Business Licensing. The proposal moves the
location and land use permitting requirements for Adult Entertainment Businesses into
the UDC, and re-codifies the business license requirements in Chapter 5.52 YMC.
Chapter 6.08 YMC – Animal Regulations. All permitting standards for kennels are
removed from this Chapter. The location and permitting requirements are moved to the
UDC. Hobby kennels are no longer regulated. The Council discussed whether to
update this chapter to allow for the keeping of chickens in the City under limited
circumstances, but chose to leave the existing prohibition in place.
Chapter 9.86 – Adult Entertainment Business. The criminal and enforcement provisions
for Adult Entertainment Businesses enforced by the Yelm Police Department are moved
from the previous Chapter 5.52 YMC into Chapter 9.86 YMC.
Title 15 – Franchises. The standards for the location and permitting of wireless
communications facilities are moved into the UDC. The requirements for franchises to
use the public right of way are being re-codified at Title 15 YMC. The City has
consulted with an attorney familiar with franchise requirements, and has proposed an
update to the franchise requirements which meet current Federal and State
requirements and are consistent with case law.
Current Situation
A subcommittee of the City Council met with City staff to review the draft in detail to
better understand the layout and to answer questions or concerns. The draft UDC was
then distributed to Council at the October, 2014 study session for review.
Agenda Item 8. a. Unified Development Code
Page 3 of 340
The Council did not have any changes to the Planning Commission’s recommendation,
however added the following sections.
Section 18.16.070 YMC. Reservation of water or sewer connections. This section
allows the Council to reserve City utility connections for essential public facilities.
Chapter 18.68 YMC. Marijuana retailers. This chapter upholds the provisions of the
Washington State requirements that retail outlets shall be no closer than 1,000 feet of
any school, playground, childcare center, public parks, etc.
If the Council determines that the proposed UDC and other changes to implement the
UDC are appropriate, it should adopt Ordinance 995.
Agenda Item 8. a. Unified Development Code
Page 4 of 340
City of Yelm
Community Development Department
105 Yelm Avenue West
Yelm, WA 98597
Yelm City Council
Notice of Public Hearing
Amendment to the Yelm Municipal Code
adopting a Unified Development Code.
The Yelm City Council has scheduled a public hearing to receive comments on a
proposed amendment to the Yelm Municipal Code.
The hearing is scheduled for 6:00 PM on Tuesday, January 27, 2015, and will take
place in the Council Chambers/Court Room at the Yelm Public Safety Building, 206
McKenzie Street SE.
The Unified Development Code (UDC) is a single comprehensive document used as the
primary guide for development within the City. The UDC is a compilation of existing
zoning and subdivision regulations, along with other development related regulations
found elsewhere in the Yelm Municipal Code, the Yelm Development Guidelines, and
the Yelm Design Guidelines.
For additional information, please contact Tami Merriman at 360-458-3835. Written
comments will be received up to the close of the public hearing. Written comments may
be submitted at the hearing or may be mailed to Tami Merriman, City of Yelm, 105 Yelm
Avenue West, Yelm, WA 98597.
It is the City of Yelm's policy to provide reasonable accommodations for people with
disabilities. If you are a person with a disability in need of accommodations to conduct
business or to participate in government processes or activities please contact Janine
Schnepf at 360-458-8402 at least five working days prior to the scheduled event.
Janine Schnepf, City Clerk
Published: Nisqually Valley News: January 16, 2015
PLEASE DO NOT PUBLISH BELOW THIS LINE
Posted
Yelm City Hall and Yelm Timberland Library
Agenda Item 8. a. Unified Development Code
Page 5 of 340
CITY OF YELM ORDINANCE NO. 995
AN ORDINANCE of the City of Yelm adopting a Unified Development Code, creating a
new Title 18 Yelm Municipal Code (YMC), amending Titles 1, 2, 5, 6, & 9 YMC,
repealing Titles 14, 15, 16, and 17 YMC, and creating a new Title 15 YMC.
WHEREAS, the City of Yelm is required to plan under Section 36.70A.040 RCW; and
WHEREAS, in compliance with the Washington State Growth Management Act, Chapter 36.70A
RCW, the City of Yelm adopted a Comprehensive Plan in 1994, and has amended the
plan on several occasions since that time; and
WHEREAS, in accordance with the Comprehensive Plan, has adopted development regulations to
be consistent with the goals and policies of the Comprehensive Plan; and
WHEREAS, the Growth Management Act requires that cities establish a public participation
program and procedures for amendments to development regulations; and
WHEREAS, the public review process included at least twenty-five (25) public meetings in front of
the Yelm Planning Commission, stakeholder meetings with local real estate groups,
contractors, and the Chamber of Commerce, a public open house and a Public
Hearing before the Yelm Planning Commission; and
WHEREAS, the public participation program included notification to Departments of Washington
State, notification to Joint Base Lewis McChord, email distribution to any person
expressing interest in the review, and the posting of all pertinent drafts, notices, staff
reports and public comment on the City’s website, and
WHEREAS, the City of Yelm Responsible Official issued a Determination of Nonsignificance for the
proposed Unified Development Code pursuant to Section 197-11-340 WAC on March
28, 2014; and
WHEREAS, in compliance Section 36.70A.106 (1) RCW, the draft update was mailed to
Washington State Department of Commerce for distribution to reviewing state
agencies, and received no comments from agencies; and
WHEREAS, the Yelm Planning Commission held an open house on April 14, 2014, to solicit
comments on the draft proposed amendments form interested parties in an informal
setting with background material; and
WHEREAS, the Yelm Planning Commission held a duly advertised public hearing on April 21, 2014
on the proposed amendments, at which time received written comments and oral
testimony; and
WHEREAS, amendments to the development regulations for the City of Yelm require a
recommendation from the Yelm Planning Commission to the City Council; and
WHEREAS, the Yelm Planning Commission reviewed all public comments on the proposed
amendment and voted unanimously to recommend that the Yelm City Council adopt
the proposed amendments.
Agenda Item 8. a. Unified Development Code
Page 6 of 340
WHEREAS, the Yelm City Council has reviewed the recommendations from the Yelm Planning
Commission, and added requirements for reserving utility capacity for essential
public facilities and development standards for marijuana retailers.
WHEREAS, the public right of way is occupied by other public service entities for facilities used in
the delivery, conveyance, and transmission of utility and public services to the
enhancement of the health, welfare, and general economic well-being of the city and
the region and its residents and businesses, and
WHEREAS, the City has previously adopted and enforced provisions codified in Title 15 of the
Yelm Municipal Code that establish requirements for franchise applications and use
and occupancy of the public rights of way by cable service and telecommunications
operators; and
WHEREAS, the City desires to add a new chapter to Title 15 of the Yelm Municipal Code that will
establish requirements for franchise applications and use and occupancy of the public
rights of way by utility operators;
NOW, THEREFORE , the Yelm City Council do ordain as follows:
SECTION 1.
Title 14 YMC – Environment is repealed in its entirety.
SECTION 2.
Title 15 Y MC – Buildings and Construction is repealed in its entirety.
SECTION 3.
Title 16 YMC – Subdivisions is repealed in its entirety.
SECTION 4.
Title 17 YMC – Zoning is repealed in its entirety.
SECTION 5.
Chapter 1.16 YMC – Enforcement of Development Regulations is repealed in its entirety.
SECTION 6.
Chapter 2.26 YMC – Hearing Examiner is repealed in its entirety.
SECTION 7.
Chapter 2.36 YMC – Planning Commission is repealed in its entirety.
SECTION 8.
Chapter 5.44 YMC – Home Occupations is repealed in its entirety.
Agenda Item 8. a. Unified Development Code
Page 7 of 340
SECTION 9.
Chapter 5.48 YMC – Day Care Facilities is repealed in its entirety.
SECTION 10.
Chapter 5.52 YMC – Adult Entertainment Businesses is repealed in its entirety.
SECTION 11.
Chapter 6.08 YMC – Animal Regulations is amended as follows:
6.08.030 Definitions.
A.
“Abandon” means the act of leaving a pet animal without humane care in such a
way that the health or safety of the animal is imperiled.
B.
“Adult pet animal” means a pet animal of either sex, altered or unaltered, which
has reached the age of six months or which has produced offspring or which is
pregnant.
C.
“Animal services department” means the department under supervision of the
public works department that provides for the impoundment, care and placement
of at large pet animals within the city limits.
D.
“At large” means any animal off the premises and outside any vehicle of the owner
or custodian of the pet animal and not under control of a person by means of a
leash or verbal command.
E.
“Dangerous dog” means a dog that has been declared dangerous by animal
services. The dog has committed severe injury by aggressively biting, attacking or
endangering the safety of humans or other pet animals.
F.
“Domestic animal” means an animal other than livestock.
G.
“Euthanasia” means the humane destruction of any animal, pursuant to this
chapter.
H.
“Fees” and/or “charges” for services such as licensing, adoption, impounding,
identification (micro) chipping, transports, euthanasia procedures and other
services shall be established, approved, and revised by resolution of the Yelm city
council.
I.
“Guard dog” or “attack dog” means any member of the dog family, which has been
trained for or is used for the purpose of protecting persons or property by
exhibiting hostile or aggressive behavior or propensities or which will attack on
signal or command.
J.
“Harbors, keeps, possesses, or maintains a pet animal” means providing care,
shelter, protection, refuge, food, or nourishment in such manner as to influence the
behavior of the animal; or, treating the animal as living at one’s property.
Agenda Item 8. a. Unified Development Code
Page 8 of 340
K.
“Humane care” means care of an animal that includes providing necessary food,
water, shelter, rest, sanitation, ventilation, space and medical attention in a way
that the health and safety of the animal is not imperiled.
L.
“Impound” means to take control and possession by authorized officials of any
animal found in circumstances constituting a violation of this title, and pursuant to
the terms thereof.
M.
“Impound facility” means a place provided and operated or arranged for under the
authority of the animal services department for the impoundment, care, placement
and humane destruction of dogs, cats and other pet animals at large.
N.
“Kennel” includes and means the following:
1.
“Commercial kennel” means, as follows: where zoning permits, a place
where adult dogs or cats are kept by persons providing facilities for
breeding, and the offspring thereof are sold for profit; or where such dogs or
cats are received for care, training and boarding for compensation; but not
including a small animal hospital, clinic or pet shop.
2.
“Hobby kennel” means as follows: where zoning permits, a noncommercial
kennel at or adjoining a private residence where four or more dogs of an age
required to be licensed, or four or more adult cats are bred and/or kept for
hunting, training, exhibition for organized shows or field working or
obedience trials, or for enjoyment of the species.
O.
“License” means a registration or identification tag issued pursuant to this chapter
for any dog, cat or other pet animal of six months of age or more.
P.
“Nuisance pet animal” means a pet animal that:
1.
Damages or destroys landscaping or property of another person, including
destruction of wildlife that has been purposefully attracted to the person’s
property; or
2.
Soils or defecates on public or private property other than the owner’s,
unless such waste is immediately removed and properly disposed of by the
owner of the pet animal; or
3.
Causes unsanitary, dangerous, or offensive conditions; or
4.
Is a female dog or cat in estrus not confined within a structure to prevent
access of male dogs or cats except for planned breeding; or
5.
Chases people or vehicles, or molests or interferes with persons or other
animals on public or private property other than the owner’s property; or
6.
Habitually or continually disturbs the peace and quiet of any individual or
neighborhood by unprovoked barking, whining, howling or making any other
noise; at the discretion of the officer; or
Agenda Item 8. a. Unified Development Code
Page 9 of 340
7.
Trespasses on private property and the property owner or tenant supplies a
written complaint to animal services, and, in the case of a cat, physically
contains the cat.
Q.
“Officer” or “official” means any police officer, animal control officer or other
official designated by the city to issue licenses, citations, pick up, impound or
restrain, sell, dispose of or give notice of or for any other acts, duties or functions,
prescribed by this title or other title relating to pet animals.
R.
“Owner/custodian” means any person(s) who harbors, keeps, possesses or
maintains a pet animal, or who encourages a pet animal to remain about their
property for a period of seven consecutive days or more, or the person named on
the license/registration record of any animal as the owner. The parent or guardian
of an owner under eighteen years of age shall be deemed the owner for the
purposes of this chapter.
S.
“Pet animal” means any species of wild or domestic animal sold or retained for the
purpose of being kept for pleasure, companionship or utilitarian purposes and not
kept as a food source.
T.
“Potentially dangerous dog” means a dog that according to the records of animal
services has committed serious offenses as more fully set forth in YMC 6.08.070.
U.
“Restrained” means secured by a leash and under physical control of a person with
the strength and judgment to handle the animal, or tethered to a stationary object,
which keeps the animal confined to the pet owner’s property.
V.
“Severe injury” means any physical injury that results in broken bones or lacerations
requiring sutures or cosmetic surgery.
W.
“Sterilized” means the animal is surgically rendered incapable of reproduction by
means of castration or an ovariohysterectomy.
X.
“Stray animal” means any pet animal found within the city without an apparent
owner, custodian or home.
6.08.040 Licensing and registration requirements.
A.
Licenses Required. Except for licensed veterinarians and commercial kennels, it is
unlawful for any person to own, keep or have control of any dog in the city older
than six months of age unless a license has been procured for such animal. Licenses
are valid for the calendar year for which they are issued, expiring on the thirty-first
of December of the licensing year. Failure to license a pet is a civil infraction.
Licenses are voluntary for cats and other pet animals for identification purposes.
B.
Issuance of Licenses, Tags – Collars. The issuing authority or agent shall issue
licenses and appropriate identification tags for each animal licensed upon receipt of
dog registration application payment of the applicable license fee. The owner or
custodian shall ensure that the identification tag is worn by the animal at all times.
Agenda Item 8. a. Unified Development Code
Page 10 of 340
1.
Supplemental Identification. Upon payment of the appropriate license fee,
the owner shall be issued an identification tag, which must be worn by the
animal at all times.
2.
Lack of Authorized and Current Tag. A dog without an authorized and
current license tag may be impounded, except as otherwise set forth in this
chapter.
C.
Annual License Fees. License fees shall be established by resolution of the city
council. In establishing the license fee, the council may consider the number of
animals needed to be licensed by one owner, the age of the owner, and whether
the animal is spayed or neutered and any other applicable criteria.
D.
Date Due. Except as otherwise provided below, all licenses granted under this
chapter shall be valid for the current calendar year, expiring on the thirty-first of
December. A yearly notice will be sent out to all registered pet owners reminding
them of their renewal date.
E.
Senior Citizen Lifetime License. Animals whose owners are 65 years of age or older,
may be granted a license good for the life of their pet upon payment of a one time
license fee as established by resolution of the city council.
F.
Licenses Nontransferable. Licenses shall not be transferable from one pet animal to
another.
G.
Hobby and/or Commercial Kennel. A permit for a hobby and/or commercial kennel,
as defined in the zoning ordinance, may be granted for those zones where such use
is not prohibited.
HG.
License Fee Exemptions. The following animals are required to be licensed, but are
exempt from licensing fees:
1.
A professionally trained and certified guide dog owned or in the custody of a
blind or partially blind person;
2.
A signal dog owned by or in the custody of a deaf person or a person whose
hearing is impaired. A “signal dog” shall mean any dog trained to alert a deaf
person, or a person whose hearing is impaired, to intruders or sounds;
3.
A service dog owned by or in the custody of a physically disabled person. A
“service dog” shall mean any dog individually trained to the physically
disabled participant’s requirements including, but not limited to, minimal
protection work, rescue work, pulling a wheelchair, or fetching dropped
items;
4.
Police dogs trained and actively assisting in law enforcement operations;
5.
Dogs in training programs sponsored by licensed and approved agencies
identified with providing trained animals to disabled individuals or law
enforcement agencies.
Agenda Item 8. a. Unified Development Code
Page 11 of 340
6.08.050 Regulations and violations relating to pet animals. Owners and/or custodians are
responsible for the behavior of animals in their ownership or care and are in
violation of the terms of this chapter if:
A.
Pet Animal At Large. The owner’s/custodian’s pet animal is at large as defined in
YMC 6.08.030; provided, however, this section shall not prohibit the owner and pet
animal from participating in an organized show or training, exercise or hunting
session in locations designated and authorized for that purpose. Pet animal at large
is a civil infraction.
B.
Nuisance Pet Animal. The owner’s/custodian’s pet animal constitutes a nuisance
pet animal as defined in YMC 6.08.030. Nuisance pet animal is a civil infraction.
C.
Pet Animal on Public Property. The owner’s/custodian’s pet animal is on public
property such as a public park, sidewalks, streets or school grounds and not on a
leash held by a person who is able to maintain physical control, or proper
safeguards have not been taken to protect the public and property from injury or
damage from said animal, or is in violation of additional specific restrictions which
have been posted. Such restrictions shall not apply to guide dogs for the visually
impaired or service animals for the physically handicapped or public property
specifically designated by the city of Yelm as not requiring a leash. Pet animal on
public property is a civil infraction.
D.
Keeping of a Dangerous or Potentially Dangerous Dog. Any person violating the
provisions of this chapter relating to keeping, securing or confining of dangerous
dogs shall be deemed guilty of a gross misdemeanor or potentially dangerous dogs
shall be deemed guilty of a misdemeanor.
E.
Injury to a Person or Animal. Such person’s pet animal cause’s injury to a person or
domestic or pet animal. Injury to a person or animal, including livestock, is a
misdemeanor.
F.
Accumulation of Feces. Allow the accumulation of cat or dog feces in any open area,
run, cage or yard wherein dogs and/or cats are kept and to fail to remove or
dispose of feces at least once every 24 hours.
G.
Failure to Remove Fecal Material. Such person fails to remove animal fecal matter
when accompanying an animal off the owner’s property; or from another’s
property; or from public property. Such person shall possess and use the equipment
or material necessary to remove animal fecal matter. Failure to remove fecal
material is a civil infraction. Owners of duly licensed guide dogs shall be exempted
from this subsection G.
H.
Failure to Provide Humane Care. Such person fails to provide a pet animal with
humane care as defined in YMC 6.08.030(K). Failure to provide humane care is a
misdemeanor.
I.
Failure to Meet Terms of Quarantine. Such person fails to accept or to meet the
terms of a quarantine notice served pursuant to Thurston County health
Agenda Item 8. a. Unified Development Code
Page 12 of 340
department regulation after an animal has bitten a person. Failure to meet terms of
quarantine is a misdemeanor.
J.
Confinement or Restraint of a Pet Animal. A pet animal shall not be trapped in any
manner that subjects the animal to injury inherent in the mechanism of the trap. A
humane box trap may be set on a complainant’s property for the purpose of
trapping nuisance pet animals. Animals, which are caught in such a trap, must be
returned to their owners or taken to animal services. Injurious confinement or
restraint of a pet animal is a misdemeanor.
K.
Venomous and Constrictor Reptiles. A humane and secure facility shall be provided
for constrictor type reptiles over eight feet in length and all venomous reptiles.
Escape of any venomous reptile or a constrictor type reptile over eight feet in
length must be reported immediately to animal services. Failure to comply
constitutes a misdemeanor.
L.
Unlawful Release of Pet Animal. No person other than the owner or an officer
acting in an official capacity to enforce this chapter shall release a pet animal from
any enclosed area within which the animal is properly restrained or from any
restraining device such as a leash by which the animal is properly restrained.
Unlawful release of a pet animal is a misdemeanor.
M.
Possession of Sick Animal. Have possession or control of any animal sick or afflicted
with any infectious or contagious disease and fail to provide treatment for such
infection or disease, or suffer or permit such diseased or infected animal to run at
large, or come in contact with other animals, or drink at any public or common
watering trough or stream accessible to other animals. Possession of a sick animal is
a misdemeanor.
N.
Offenses Relating to Cruelty and/or Abandonment. The provisions of Chapters
16.52 and 16.54 RCW, as now or hereafter amended, are by this reference adopted
as though here fully set forth.
O.
Owning Vicious Animals Prohibited – Exception. It is unlawful to own a vicious
animal with knowledge that the animal is vicious, or with reckless disregard of the
fact that the animal is vicious; provided, however, that this prohibition shall not
apply to guard dogs that are to protect innocent third parties, controllable by their
owners/handlers, and adequately confined is a misdemeanor.
P.
Offenses Relating to Sale of Animals. For the purpose of public and consumer
safety, it is unlawful to:
1.
Sell any animal known to be sick or injured unless the buyer is given, at the
time of sale, written notice of the condition of the animal;
2.
Sell any animal known to be a vicious or destructive animal;
3.
Sell any dangerous animal except to zoos or other facilities possessing or
maintaining dangerous animals which are owned by any city, county, state
or federal agency or school, college, university or similar educational facility.
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Any violation of the above offenses as defined in this subsection P relating to the
sale of animals is a misdemeanor.
Q.
Commercial/Hobby Kennel. Any violation related to a commercial or hobby kennel
as defined in YMC 6.08.030(N) is a misdemeanor.
RQ.
Offenses Relating to Licensing. It is unlawful for the owner or custodian of any
animal to:
1.
Fail to display conspicuously any current and valid license identification tag
on the licensed animal, except as otherwise provided in this chapter;
2.
Fail to show any animal’s license upon request of any animal control officer
or any police officer therefore;
3.
Use or permit another person to use a license or license identification not
issued to such person for his animal;
4.
Remove a valid license identification from any cat or dog without owner’s
consent, and that of the issuing authority;
5.
Alter a license in any manner;
6.
Make a false or misleading statement or representation regarding the
ownership or right to custody or control of an animal redeemed from,
surrendered to, detained by the director;
7.
Remove any detained animal from the city animal shelter or a department
vehicle without the written consent of the animal control officer or other
representative of the issuing authority; or
8.
Affix any animal identification tag to any animal for which such tag and
license were not issued.
Any violation of the above relating to licensing and registration is a civil infraction.
SECTION 12.
A new title is added to the Yelm Municipal Code at Title 18 – Unified Development Code.
The new title is Exhibit A to this Ordinance.
SECTION 13.
A new title is added to the Yelm Municipal Code at Title 15 – Franchises. The new title is
Exhibit B to this Ordinance.
SECTION 14.
A new chapter is added to the Yelm Municipal Code at Chapter 9.86 – Adult Entertainment
Business. The new Chapter is Exhibit C to this Ordinance.
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SECTION 15.
A new chapter is added to the Yelm Municipal Code at Chapter 5.52 – Adult Entertainment
Business Licensing. The new Chapter is Exhibit D to this Ordinance.
SECTION 16.
This ordinance shall take effect five days after passage, approval, and publication.
PASSED by the City Council of Yelm this 27th day of January, 2015.
Ron Harding, Mayor
Authenticated:
Janine A. Schnepf, City Clerk
PUBLISHED: Nisqually Valley News, February 6, 2015
EFFECTIVE DATE: February 11, 2015
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ORDINANCE NO. 995
EXHIBIT A
Title 18 Yelm Municipal Code
Unified Development Code
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UNIFIED DEVELOPMENT CODE
General Provisions
Review, Administration, and Enforcement
Environment
Buildings and Construction
Zoning
Design Standards
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UNIFIED DEVELOPMENT CODE
GENERAL PROVISIONS
Table of Contents
CHAPTER 18.01 - GENERAL PROVISIONS ......................................................................................................................1
18.01.010
TITLE ................................................................................................................................................... 1
18.01.020
AUTHORITY ........................................................................................................................................... 1
18.01.030
PURPOSE .............................................................................................................................................. 1
18.01.040
ORGANIZATION OF THIS TITLE ................................................................................................................... 1
18.01.050
ADMINISTRATION OF THE TITLE ................................................................................................................. 2
18.01.060
INTERPRETATION AND APPLICATION ........................................................................................................... 2
18.01.070
FEES .................................................................................................................................................... 2
18.01.080
TIME COMPUTATION............................................................................................................................... 2
18.01.090
PRE-EXISTING, NON-CONFORMING STRUCTURES, USES AND LOTS ..................................................................... 2
CHAPTER 18.02 - DEFINITIONS......................................................................................................................................4
18.02.010
INTENT ................................................................................................................................................. 4
18.02.020
USE AND INTERPRETATION GENERALLY ....................................................................................................... 4
18.02.030
INTERPRETATION IN CASE OF CONFLICTING DEFINITIONS ................................................................................. 4
18.02.040
SPECIFIC DEFINITIONS.............................................................................................................................. 5
CHAPTER 18.03 - HEARING EXAMINER .......................................................................................................................15
18.03.010
INTENT ............................................................................................................................................... 15
18.03.020
ESTABLISHMENT OF HEARING EXAMINER SYSTEM ....................................................................................... 15
18.03.030
APPOINTMENT .................................................................................................................................... 15
18.03.040
QUALIFICATIONS .................................................................................................................................. 15
18.03.050
EXAMINER PRO TEMPORE – QUALIFICATIONS AND DUTIES............................................................................. 15
18.03.060
CONFLICT OF INTEREST AND FREEDOM FROM IMPROPER INFLUENCE ............................................................... 15
18.03.070
RULES ................................................................................................................................................ 16
18.03.080
POWERS AND DUTIES ............................................................................................................................ 16
CHAPTER 18.04 - PLANNING COMMISSION ...............................................................................................................17
18.04.010
MEMBERS & TERMS OF OFFICE ............................................................................................................... 17
18.04.020
VACANCY FILLING ................................................................................................................................. 17
18.04.030
RULES OF PROCEDURE AND OFFICERS ....................................................................................................... 17
18.04.040
QUORUM ........................................................................................................................................... 17
18.04.050
POWERS AND DUTIES ............................................................................................................................ 17
18.04.060
COMPENSATION .................................................................................................................................. 18
18.04.070
COMMISSION STAFF.............................................................................................................................. 18
CHAPTER 18.05 - HISTORIC PRESERVATION COMMISSION .......................................................................................19
18.05.010
MEMBERS & TERMS OF OFFICE ............................................................................................................... 19
18.05.020
VACANCY FILLING ................................................................................................................................. 19
18.05.030
RULES OF PROCEDURE AND OFFICERS ....................................................................................................... 19
18.05.040
QUORUM ........................................................................................................................................... 19
18.05.050
POWERS AND DUTIES ............................................................................................................................ 19
18.05.060
COMPENSATION .................................................................................................................................. 21
18.05.070
COMMISSION STAFF.............................................................................................................................. 21
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CHAPTER 18.01 - GENERAL PROVISIONS
18.01.010 Title
This title shall be known as the “Yelm Unified Development Code.”
18.01.020 Authority
This title is enacted pursuant to the authority vested in the City by Chapters
35.21, 58.10, 58.17, 36.70A, and 43.21C of the Revised Code of Washington
(RCW), and that power and responsibility of the City to provide for the
health, safety and general welfare of its citizenry and the public.
18.01.030 Purpose
A. This code was created to assure that review and approval of any land use
or permit decision is based on implementing the goals and policies of the
City of Yelm Comprehensive Plan and Joint Plan with Thurston County,
pursuant to the mandated provisions of the State of Washington’s
Growth Management Act (Chapter 36.70A RCW), Subdivision Act
(Chapter 58.17 RCW), State Environmental Policy Act (SEPA) (Chapter
43.21C RCW), and other applicable state and local laws.
If the
provisions of this code conflict with any provision of the RCW, the RCW
shall prevail.
B. Other chapters have additional intent or purpose sections applicable to
those chapters, which are to be read in concert with the purposes of the
title as a whole.
18.01.040 Organization of this title
This code is intended to be used as a single integrated document. Each part
contributes to a unified regulatory system.
The code is organized in
divisions.
Division 1 - General Provisions: Provisions that apply to all aspects of land
development.
Division 2 – Review, Administration, and Enforcement: Establishes different
types of review, applications, processes, administration and enforcement of
this code.
Division 3 - Environment:
concerns and protection.
Provides regulation regarding environmental
Division 4 – Buildings and Construction:
and other structural requirements.
Guides the approval of buildings
Division 5 - Zoning: Establishes uses allowed by district.
Division 6 – Design Standards: Provides regulation and design standards for
all development within the City.
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18.01.050 Administration of the title
The administrator of this title shall be the Community Development Director
or his/her designee.
18.01.060 Interpretation and application
In their interpretation and application, the provisions of this title shall be
held to be minimum requirements, adopted for the promotion of the public
health, safety and general welfare. Nothing in this title is intended to impair,
annul or abrogate any easement, covenant or other agreement between
parties, public or private; however, if any provision of this title is found to be
in conflict with any other provision of any zoning, building, fire, safety or
health ordinance or code of the City, the provision which establishes the
higher standard shall prevail.
18.01.070 Fees
Applications for permits or other approvals pursuant to this title shall be
subject to concurrent payment of any applicable fee as set forth in the Yelm
development fee schedule adopted by resolution of the City Council. Such
fees shall not be refundable unless authorized by the approval authority.
Until all fees have been paid in full, no action shall be taken on the petition
or application.
18.01.080 Time computation
In computing any period of time prescribed by this title, the day of the act
from which the designated period of time begins to run shall not be included.
The last day of the period so computed shall be included, unless it is a
Saturday, Sunday or a City holiday, in which case the period runs until the
end of the next day which is neither a Saturday, Sunday or a City holiday.
18.01.090 Pre-existing, non-conforming structures, uses and lots
A. Structures.
1. Pre-existing, non-conforming structures may be maintained, provided
that they shall not be enlarged, expanded or extended in a manner
which would increase the nonconforming aspects of the structure.
2. Pre-existing, non-conforming structures shall not be relocated unless
the move results in bringing the structure into closer conformance
with the design standards of the Unified Development Code.
B. Uses.
A non-conforming use of a structure or land, shall not be extended or
enlarged after the effective date of the ordinance codified in this title
by attachment on a building or premises, or by the addition of other
uses of a nature which would be prohibited generally in the district
involved.
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A non-conforming use shall be deemed abandoned by discontinuance
or abandonment for a period of 18 consecutive months, and any
subsequent future use of such land or buildings shall be in conformity
with the provisions of this title.
C. Lots.
In any district in which single-family dwellings are permitted, a
single-family dwelling and customary accessory buildings may be
erected on any single lot of record, notwithstanding limitations
imposed by other provisions of this title. Such lot must be in separate
ownership and not of continuous frontage with other lots in the same
ownership.
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CHAPTER 18.02 - DEFINITIONS
18.02.010 Intent
It is the intent of this chapter to promote consistency and precision in the
interpretation of this title and to define (and illustrate, where necessary)
certain words, terms and phrases in the interest of reducing to a minimum
the misunderstanding which may occur in the absence of such definition.
18.02.020 Use and interpretation generally
In addition to the definitions in this title, the definitions from the following
documents are adopted by reference:
•
International Building Code and Chapter 51-50 WAC
•
International Residential Code and Chapter 51-51 WAC
•
International Mechanical Code and Chapter 51-52 WAC
•
Uniform Plumbing Code and Chapters 51-56 WAC
•
Washington State Energy Code and Chapters 51-11C and 51-11R WAC
•
International Fire Code and Chapter 51-54A WAC
•
State Subdivision Act, Chapter 58.17 RCW
•
State Condominium Act, Chapter 64.34 RCW
•
State Environmental Policy Act, Chapters 43.21C RCW and 197-11
WAC
•
Growth Management Act, Chapter 36.70A RCW
•
Local Project Review, Chapter 36.70B RCW
•
Floodplain Management, Chapter 173-158 WAC
Words not defined in this title, the documents adopted by reference, the
Yelm Municipal Code (YMC), the Washington Administrative Code (WAC), or
the Revised Code of Washington (RCW) shall be as defined in the latest
edition of Webster’s Third New International Dictionary.
Words used in the present tense include the future; the singular term
includes the plural and the plural the singular. “Shall” is always mandatory
and “May” denotes a use of discretion.
18.02.030 Interpretation in case of conflicting definitions
In addition to the words and terms defined in this chapter, several sections
of this title contain definitions specifically related to those sections. In the
event of conflict between definitions in this list and those shown in other
sections of this title, the definition in the other section shall govern within
the context of the section within which it appears.
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18.02.040 Specific definitions
“A” Definitions
“Abutting” means having a common boundary, except that parcels
having no common boundary other than a common corner shall not
be considered abutting.
“Appeal, closed record” means an administrative appeal on the record,
where no or limited new evidence or information is allowed to be
submitted, and only appeal argument is allowed.
“Area of special flood hazard” means the land in the floodplain within a
community subject to a one percent or greater chance of flooding in
any given year. Designation on maps always includes the letter “A”.
“Automobile wrecking” means the dismantling or wrecking of used motor
vehicles or trailers, or the storage, sale or dumping of dismantled or
wrecked vehicles or their parts. The presence on any parcel of land of
five or more motor vehicles which for a period exceeding 30 days
have not been capable of operating under their own power, and from
which parts have been or are to be removed for reuse or sale shall
constitute evidence of an automobile wrecking yard.
“B” Definitions
“Base flood” means the flood having a one percent chance of being
equaled or exceeded in any given year. Designations on maps always
include the letter “A”.
“Bed and breakfast” means a facility offering from one to eight lodging
units and breakfast to travelers and guests.
“Breakaway wall” means a wall that is not part of the structural support
of the building and is intended through its design and construction to
collapse under specific lateral loading forces, without causing damage
to the elevated portion of the building or supporting foundation
system.
“C” Definitions
“Concurrency” means a determination that the facilities necessary to
serve a proposed land development are in place or planned for and
properly funded with a reasonable expectation that the facilities will
be in place at the time needed to preserve adopted levels of service.
"Condominium" means real property, portions of which are designated
for separate ownership and the remainder of which is designated for
common ownership solely by the owners of those portions. Real
property is not a condominium unless the undivided interests in the
common elements are vested in the unit owners, and unless a
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declaration and a survey map and plans have been recorded pursuant
to this chapter. “Condominium” means either:
a. A division which is made by subjecting a portion of the land to
Chapter 64.32 RCW and for which a binding site plan has been
approved; or
b. A dwelling, portions of which are designated for separate
ownership and the remainder of which is designated for common
ownership solely by the owners of those portions under the
provisions of Chapter 64.32 RCW.
A dwelling is not a
condominium unless the undivided interests in the common
elements are vested in the unit owners, and unless a declaration
and a survey map and plans have been recorded with the County
Auditor.
“Contiguous land” means land touching other land at one or more points
and having the same owner regardless of whether or not portions of
the parcels have separate tax lot numbers, were purchased at
different times, lie in different sections, are different government lots
or are separated from each other by watercourses or private
easements.
“Critical facility” means a facility for which even a slight chance of
flooding, might be too great. Critical facilities include, but are not
limited to, schools, nursing homes, hospitals, police, fire and
emergency response installations, and installations that produce, use,
or store hazardous materials or hazardous waste.
“Cumulative substantial value” means flood-related damages sustained
by a structure on two separate occasions during a 10 year period for
which the cost of repairs at the time of each such flood event, on the
average, equals or exceeds 26 percent of the market value of the
structure before the damage occurred.
“D” Definitions
“Development” in the context of flood damage prevention means any
manmade change to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling operations, or storage of
equipment located within the area of special flood hazard.
“Development agreement” means an agreement between the City and a
property owner setting forth the applicable development standards
and other provisions, including mitigation, which vest the
development, and which are consistent with the development
regulations at the time the agreement is entered into. Approval of a
development agreement is obtained after a public hearing.
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“E” Definitions
“Elevation certificate” means the official form (FEMA Form 81-31) used to
track development, provide elevation information necessary to ensure
compliance with Chapter 18.21 YMC, and determine the proper
insurance premium rate with Section B completed by the
administrator.
“Elevated building” means, for insurance purposes, a nonbasement
building that has its lowest elevated floor raised above ground level
by foundation walls, shear walls, post, piers, pilings, or columns.
“Essential public facility” means those infrastructure facilities that serve
the residents of Yelm that are typically difficult to site. For Yelm,
essential public facilities include such facilities as streets, domestic
water systems, storm and sanitary sewer systems, public safety and
emergency response facilities, parks and recreational facilities,
schools, hospitals and emergency medical centers, railroad terminals
and facilities, and electric/natural gas substations and appurtenances.
“F” Definitions
“Family” means an individual, or two or more persons living together in a
dwelling unit as a single housekeeping unit. The term “family” shall
also include such other persons as may be included in any definition
required by state or federal law.
“Flood Insurance Rate Map (FIRM)” means the official map on which the
Federal Insurance Administration has delineated both the areas of
special flood hazards and the risk premium zones applicable to the
community.
“Flood” or “flooding” means a general and temporary condition of partial
or complete inundation of normally dry land areas from:
a. The overflow of inland or tidal waters; and/or
b. The unusual and rapid accumulation of runoff of surface waters
from any source.
“Flood insurance study” (FIS) means the official report provided by the
Federal Insurance Administration that includes flood profiles and the
water surface elevation more than one foot.
“Floodway” means the channel of a river or other watercourse and the
adjacent land area that must be reserved in order to discharge the
base flood without cumulatively increasing the surface water
elevation more than one foot, also known as the “zero rise floodway.”
“Floor area” means the sum of the gross horizontal area of the floor or
floors measured from the exterior faces of the exterior walls,
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including elevator shafts and stairwells on each floor and all
horizontal areas having a ceiling height of seven feet or more, but
excluding all parking and loading spaces, cellars, unroofed areas,
roofed areas open on two sides, areas having ceiling height of less
than seven feet and basements used exclusively for storage or
housing of mechanical or central heating equipment.
“Floor area, gross” means the sum of the total horizontal areas of the
several floors of all buildings on a lot, measured from the interior
faces of exterior walls.
a. The term “gross floor area” includes basements, elevator shafts
and stairwells at each story, floor space used for mechanical
equipment with structural head room, interior balconies and
mezzanines.
b. The gross floor area of structures devoted to bulk storage of
materials including, but not limited to, grain elevators and
petroleum storage tanks, shall be computed by counting each 10
feet of height or fraction thereof, as being equal to one floor.
c. The term “gross floor area” shall not include cellars or outside
balconies that do not exceed a projection of 6 feet beyond the
exterior walls of the building. Parking structures below grade and
rooftop mechanical structures are excluded from gross floor
area.
“G” Definitions
“Grade” in the context of signage, means the elevation or level of the
street closest to the sign to which reference is made, as measured at
the street’s centerline, or the relative ground level in the immediate
vicinity of the sign.
”H” Definitions
“Hazard areas” means areas designated as frequently flooded areas or
geologically hazardous areas due to potential for erosion, landslide,
seismic activity, mine collapse, or other geological condition.
“I” Definitions
“Increased cost of compliance” means a flood insurance claim payment
up to $30,000 directly to a property owner for the cost to comply
with floodplain management regulations after a direct physical loss
caused by a flood. Eligibility for an ICC claim can be through a single
instance of “substantial damage” or as a result of a “cumulative
substantial damage.”
“J” Definitions
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“K” Definitions
“Kennel” means a place where adult dogs are kept by persons providing
the service of facilities for breeding, and the offspring thereof are sold
for profit; or where such animals are received for care, training and
boarding for compensation; but not including a small animal hospital,
clinic, or pet shop.
“L” Definitions
“Lot” means a fractional part of divided lands having fixed boundaries,
being of sufficient area and dimension to meet minimum zoning
requirements for width and area. The term shall include tracts or
parcels.
“Lowest floor” means the lowest floor of the lowest enclosed area
(including basement). An unfinished or flood-resistant enclosure,
usable solely for parking of vehicles, building access or storage, in an
area other than a basement area, is not considered a building’s
lowest floor; provided, that such enclosure is not built so as to render
the structure in violation of the applicable nonelevation design
requirements of this title found at Section 18.21.080 YMC.
“M” Definitions
“Manufactured home” at the time of manufacture is still considered to
meet this definition notwithstanding that it is no longer transportable
Section 46.04.302 RCW. Manufactured home means a structure,
transportable in one or more sections, which is built on a permanent
chassis and is designed for use with or without a permanent
foundation when connected to the required utilities. For floodplain
management purposes, the term manufactured home also includes
park trailers, travel trailers, and other similar vehicles placed on a
site for greater than 180 days consecutive days. For insurance
purposes the term manufactured home does not include travel
trailers, and other similar vehicles.
“Manufactured housing community” means a residential development
typified by single ownership of land within the development, with the
landowner retaining the rights of ownership. Home sites within the
community are leased to individual homeowners, who retain
customary leasehold rights.
“N” Definitions
“Nonconforming building or structure” means a building, structure or
portion thereof that was legally in existence, either constructed or
altered prior to the effective date of the ordinance codified in this
title, which does not conform with the requirements of this title.
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“Nonconforming lot” means a parcel of land, in separate ownership, and
of record prior to the effective date of the ordinance codified in this
title, which does not conform to the dimensional or area requirements
of this title.
“Nonconforming use” means an activity in a structure or on a tract of
land that was legally in existence prior to the effective date of the
ordinance codified in this title, which does not conform to the use
regulations of the use district in which it is located.
“Nonconformity” means a legally established existing use or legally
constructed structure that is not in compliance with current
regulations.
“O” Definitions
“Open record hearing” means a hearing that creates the record through
testimony and submission of information. An open record hearing
held prior to a decision is an “open record predecision hearing.”
“Owner” means the fee simple owner as designated on the Thurston
County Assessor’s record.
“P” Definitions
“Principal use” means the specific and primary purpose for which land or
building is occupied, arranged, designed or intended, or for which
either land or building is or may be occupied or maintained.
“Project permit” means any land use or environmental permit or license,
including: binding site plans, building permits, critical area approvals,
subdivisions, master plans, planned unit developments, site plan
review, and special uses.
“Proportionate share” means that portion of the cost of public facility
improvements that are reasonably related to the service demands
and needs of new development.
“Q” Definitions
“R” Definitions
“Recreational vehicle” means a vehicle which is:
a. Built on a single chassis;
b. 400 square feet or less when measured at the largest horizontal
projection;
c. Designed to be self-propelled or towable by a light duty truck;
and
d. Designed primarily not for use as a permanent dwelling but as
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temporary living quarters for recreational, camping, travel, or
seasonal use.
“Recreational vehicle park” means a parcel or tract of land having
designated areas for rent to one or more persons for parking or
placement of a recreational vehicle for less than 30 days, as opposed
to permanent year-round occupancy.
“Residential care facility” means a facility, licensed by the state, that
cares for at least five but not more than 15 people in a state licensed
facility, that has not been licensed as an adult family home pursuant
to Chapter 70.128 RCW. These facilities include, but are not limited
to: boarding homes as licensed by Chapter 18.20 RCW in accordance
with Chapter 246-316 WAC; residential treatment facility for
psychiatrically impaired children and youth in accordance with
Chapter 71.12 RCW and Chapter 246-323-010(32) WAC; adult
residential rehabilitation center in accordance with Chapter 71.12
RCW and Chapter 246-325-010(3) WAC; private adult treatment
home in accordance with Chapter 71.12 RCW and Chapter 246-325010(28) WAC; alcoholism treatment facility in accordance with
Chapter 71.12 RCW and Chapter 246-326-010(6) WAC; congregate
care facility in accordance with Chapters 71.12 and 18.20 RCW and
WAC 388-15-560; evaluation and treatment facility in accordance
with Section 71.34.020(6) RCW; group training home in accordance
with Section 71A.22.020(2) RCW; group care facility in accordance
with Section 74.15.020(3)(a) RCW; and foster family homes in
accordance with Section 74.15.020(3)(f) RCW or congregate care
facilities for senior housing with central cooking facilities, group
homes for children, safe-homes and comparable facilities as
determined by the approval authority.
“Retail establishment” means a business that is engaged in selling
merchandise or goods to the general public for personal or household
consumption.
“Riparian habitat” means areas adjacent to aquatic systems with flowing
water that contain elements of both aquatic and terrestrial
ecosystems that mutually influence each other. The width of these
areas extends to that portion of the terrestrial landscape that directly
influences the aquatic ecosystem by providing shade, fine or large
woody material, nutrients, organic and inorganic debris, terrestrial
insects, or habitat for riparian-associated wildlife. Widths shall be
measured from the ordinary high water mark or from the top of bank
if the ordinary high water mark cannot be identified. It includes the
entire extent of the floodplain and the extent of vegetation adapted
to wet conditions as well as adjacent upland plant communities that
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directly influence the stream system. Riparian habitat areas include
those riparian areas severely altered or damaged due to human
development activities.
“S” Definitions
“Service oriented establishment” means a business that provides a
specific or variety of services for individuals and businesses.
“Setback” means the distance between any building foundation, and the
adjacent facing lot line.
“Site plan review committee” means a committee created by the City
Administrator to administer sections of this title.
“Special flood hazard areas” means the land in the floodplain within a
community subject to a one percent or greater chance of flooding in
any given year. Designation on maps always includes the letter “A”.
“Start of construction” includes substantial improvement, and means the
date the building permit was issued, provided the actual start of
construction, repair, reconstruction, placement or other improvement
was within 180 days of the permit date. The actual start means either
the first placement of permanent construction of a structure on a site,
such as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation;
or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation of
streets and/or walkways; nor does it include excavation for a
basement, footings, piers, or foundation or the erection of temporary
forms; nor does it include the installation on the property of
accessory buildings, such as garages or sheds not occupied as
dwelling units or not part of the main structure.
“Structure” used in the context of flood damage prevention means a
walled and roofed building including a gas or liquid storage tank that
is principally above ground.
“Substantial damage” means damage of any origin sustained by a
structure whereby the cost of restoring the structure to its beforedamage condition would equal or exceed 50 percent of the market
value of the structure before the damage occurred.
“Substantial improvement” means any repair, reconstruction, or
improvement of a structure, the cost of which equals or exceeds 50
percent of the market value of the structure either:
a. Before the improvement or repair is started; or
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b. If the structure has been damaged and is being restored, before
the damage occurred. For the purposes of this definition,
“substantial improvement” is considered to occur when the first
alteration of any wall, ceiling, floor, or other structural part of
the building commences, whether or not that alteration affects
the external dimensions of the structure.
The term does not, however, include either:
a. Any project for improvement of a structure to comply with
existing state or local health, sanitary, or safety code
specifications which are solely necessary to assure safe living
conditions; or
b. Any alteration of a structure listed on the national register of
historic places or a state inventory of historic places.
“Support structure” in the context of wireless communication facilities
means the structure to which antennas and other necessary
associated hardware are mounted. Support structures include but are
not limited to the following:
a. Guyed tower: a support structure, consisting of metal cross
strips or bars, which is steadied by wire guys in a radial pattern
around the tower.
b. Lattice tower: a support structure that consists of a network of
crossed metal braces, forming a tower, which is usually
triangular or square in cross-section.
c. Monopole: a support structure that consists of a single pole sunk
into the ground and/or attached to a foundation.
d. Existing nonresidential structure: existing structures as specified
in Section 18.69.020 YMC to which antennas may be attached
which conform to the requirements of Chapter 18.69 YMC.
“T” Definitions
“Transfer of development rights” means the removal of the right to
develop or build from land in one site, parcel, area or zoning district
to another where such transfers are permitted.
“U” Definitions
“V” Definitions
“Variance” means a grant of relief from the requirements of this chapter
which permits construction in a manner that would otherwise be
prohibited by this chapter.
“W” Definitions
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“X” Definitions
“Y” Definitions
“Yard” means an open space unoccupied to the sky of uniform depth or
width which lies between the property line and building line, or
between the shoreline and the building line. The inside boundary shall
be considered parallel to the nearest property line.
“Yard, flanking” means a yard on a corner building site extending from
the front yard to the rear yard and measured as to the depth at the
least horizontal distance between the street line of the flanking street
and the exterior wall.
“Yard, front” means a yard extending across the full width of the lot from
one property line to another and measured as to depth at the least
horizontal distance between street line and the exterior wall.
“Yard, rear” means a yard extending from one property line to another
except in the case of corner building sites when the rear yard shall
extend from the interior side property line to the opposite side yard.
Yard is measured as to depth at the least horizontal distance between
the rear site line and the exterior wall.
“Yard, side” means a yard extending from the front yard to the rear yard
except in the case of corner building sites when the side yard on the
flanking street shall extend to the rear property line.
“Z” Definitions
“Zoning map, official” means the parcel-specific map of the City of Yelm
entitled “Official Zoning Map, City of Yelm,” establishing the location
and boundaries of the zoning districts established by this chapter.
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CHAPTER 18.03 - HEARING EXAMINER
18.03.010 Intent
It is the intent of the chapter to:
A. Provide a single, efficient, integrated land use regulatory system which
integrates the public hearing and decision-making process for land use
matters;
B. Provide a greater degree of due process in land use regulatory hearings
and expand the principles of appearance of fairness; and
C. Separate the land use policy formulation and the land use policy
administration process.
18.03.020 Establishment of Hearing Examiner system
The Hearing Examiner shall interpret, review and implement land use
regulations as provided in this code and other ordinances. The term Hearing
Examiner shall likewise include the Hearing Examiner pro-tem.
18.03.030 Appointment
The Hearing Examiner and Examiner pro-tem shall be appointed by the
Mayor and confirmed by the City Council.
18.03.040 Qualifications
The Hearing Examiner shall be appointed solely with regard to qualifications
for the duties of such office which shall include, but not be limited to,
persons with appropriate educational experience, such as an urban planner,
public administrator, or land use attorney with at least five years experience,
persons who have extensive experience in planning work in a responsible
capacity, and persons with legal experience, particularly where the
experience is in the area of land use management of administrative law. The
Hearing Examiner shall hold no other elective or appointive office or position
in the City of Yelm.
18.03.050 Examiner pro tempore – qualifications and duties
The Hearing Examiner pro-tem shall, in the event of the absence or the
inability of the Hearing Examiner to act, have all the qualifications, duties
and powers of the Hearing Examiner.
18.03.060 Conflict of interest and freedom from improper influence
The Hearing Examiner shall not conduct or participate in any hearing or
decision in which the Hearing Examiner has a direct or indirect personal or
financial interest which might exert such influence upon the Hearing
Examiner as to interfere with his/her decision making process. Any actual or
potential conflict of interest shall be disclosed to the parties immediately
upon discovery of such conflict.
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Participants in the land use regulatory process have the right, insofar as
possible, to have the Hearing Examiner free from personal interest or prehearing contacts on land use regulatory matters considered by him or her. It
is recognized that there is a countervailing public right to free access to
public officials on any matter. If such personal or pre-hearing interest
contact impairs the Hearing Examiner's ability to act on the matter, such
person shall so state and shall abstain there from to the end so that the
proceeding is fair and has the appearance of fairness, unless all parties
agree in writing to have the matter heard by said Hearing Examiner.
No council member, City official, or any other person shall attempt to
interfere with, or improperly influence the Hearing Examiner in the
performance of his/her designated duties. This section shall not prohibit the
City Attorney from rendering legal services to the Hearing Examiner upon
request.
18.03.070 Rules
The Hearing Examiner shall have the power to prescribe rules for the
scheduling and conduct of hearings, to administer oaths, and other rules of
procedure as related to the duties of his/her office.
18.03.080 Powers and duties
The Hearing Examiner shall conduct public hearings for the purpose of
receiving and examining available information, prepare a record thereof, and
enter findings of fact and conclusions based upon these facts and a decision
which shall represent the final action on the application, unless appealed.
The Hearing Examiner shall receive and examine available information,
conduct public hearings, prepare a record thereof and enter findings of fact
and conclusions based on those facts, together with a recommendation to
the City Council.
The Hearing Examiner shall make recommendations for revision to relevant
codes and ordinances which will clarify or otherwise improve the
development review process.
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CHAPTER 18.04 - PLANNING COMMISSION
18.04.010 Members & terms of office
There is created a City Planning Commission consisting of seven members
who shall be appointed by position by the Mayor of the City subject to
confirmation by the City Council. The term of office of the members shall be
six years.
18.04.020 Vacancy filling
Vacancies on the Planning Commission shall be filled by appointment of the
Mayor subject to confirmation by the City Council for the unexpired terms.
Members may be removed by the Mayor, with the approval of the City
Council for inefficiency, neglect of duty, malfeasance in office, or for failing
to attend three consecutive meetings that are not excused.
18.04.030 Rules of procedure and officers
The Planning Commission shall adopt rules of procedure consistent with
state law to guide its activities and shall designate one of its members to
serve as chair for a term to be specified in the rules of procedure.
18.04.040 Quorum
A majority of the members of the Planning Commission constitutes a quorum
for the transaction of business. Any action taken by a majority of those
present, when those present constitute a quorum at any regular or special
meeting of the Planning Commission, shall be deemed and taken as the
action of the Planning Commission.
18.04.050 Powers and duties
A. The Planning Commission shall have all of the powers, and shall perform
all of the duties specified by the laws of the state including, but not
limited to, Chapters 35A.63 and 36.70B RCW.
B. The Planning Commission may prepare a comprehensive plan for the
physical and other generally advantageous development of the City.
C. For any and all such purposes the City Council, on recommendation of
the Planning Commission, may divide the municipality or any portion
thereof into districts of such size, shape and area, or may establish such
official maps or development plans for the whole or any portion of the
municipality as may be deemed best suited to carry out the purposes of
this chapter and within such districts as may regulate and restrict the
erection, construction, reconstruction, alteration, repair or use of
buildings, structures or land.
D. The City Council may refer to the Planning Commission for its
recommendation and report of ordinances, resolution or other proposal
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relating to any of the matters and subjects authorized by state law. The
Planning Commission shall promptly report to the City Council all of such
matters referred to them, making such recommendations as it may deem
proper.
18.04.060 Compensation
All members shall serve without compensation.
18.04.070 Commission staff
Commission and professional staff assistance shall be provided by the
Community Development Department with additional assistance and
information to be provided as necessary to aid the Planning Commission in
carrying out its duties and responsibilities under this chapter.
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CHAPTER 18.05 - HISTORIC PRESERVATION COMMISSION
18.05.010 Members & terms of office
There is created a Yelm Historic Preservation Commission consisting of up to
eight members who shall be appointed by the Mayor of the City subject to
confirmation by the City Council. The term of office of the members shall be
six years.
18.05.020 Vacancy filling
Vacancies on the Historic Preservation Commission shall be filled by
appointment of the Mayor subject to confirmation by the City Council for the
unexpired terms. Members may be removed by the Mayor, with the approval
of the City Council for inefficiency, neglect of duty, malfeasance in office, or
for failing to attend three consecutive meetings that are not excused.
18.05.030 Rules of procedure and officers
The Historic Preservation Commission shall adopt rules of procedure
consistent with state law to guide its activities and shall designate one of its
members to serve as chair for a term to be specified in the rules of
procedure.
18.05.040 Quorum
A majority of the members of the Historic Preservation Commission
constitutes a quorum for the transaction of business. Any action taken by a
majority of those present, when those present constitute a quorum at any
regular or special meeting of the Historic Preservation Commission, shall be
deemed and taken as the action of the Historic Preservation Commission.
18.05.050 Powers and duties
The major responsibility of the Historic Preservation Commission is to
identify and actively encourage the conservation of the City’s historic
resources by initiating and maintaining a register of historic places and
reviewing proposed changes to register properties; to raise community
awareness of the City’s history and historic resources, and to serve as the
City’s primary resource in matters of history, historic planning, and
preservation. In carrying out these responsibilities, the Historic Preservation
Commission shall engage in the following:
A. Conduct and maintain the inventory of historic resources within the
boundaries of the City known as the Yelm historic inventory (inventory);
publicize and periodically update inventory results. Properties listed on
the inventory shall be separate and distinct from the “national register,”
“state register” and “local register”;
B. Maintain the Yelm register of historic places (register). This official
register shall be compiled of buildings, structures, sites, objects, and
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districts identified by the Historic Preservation Commission as having
historic significance worthy of recognition by the City. The object may be
a thing of functional, aesthetic, cultural, historical or significant historic
value. A district shall possess a significant concentration, linkage of sites
or structures united by past events, aesthetic or physical development;
C. Review nominations to the register.
The Historic Preservation
Commission shall consider the merits of the nomination according to
criteria in Section 18.15.060 YMC;
D. Issue a certificate of appropriateness, with or without mitigating
conditions, for proposals to change, alter, modify, remodel, move, or
significantly affect properties or districts on the register, certifying the
changes do not adversely affect the historic characteristics of the
property that contribute to its designation;
E. Cause the removal of a site, building, object, or district from the register
according to criteria in Section 18.15.070 YMC;
F. Promote, conduct, and participate in information, educational and
interpretive programs which pertain to historic resources;
G. Establish liaison support, communication and cooperation with federal,
state, and other local government entities which will further historic
preservation objectives;
H. Review and comment to the City Council on land use, housing and
redevelopment, municipal improvement and other types of planning and
programs undertaken by any agency of the City, other neighboring
communities, the county, the state or federal governments, as they
relate to historic resources of the City;
I.
Advise the City Council generally on matters relating to Yelm’s history
and historic preservation;
J.
Officially recognize excellence in the rehabilitation of historic buildings,
structures, sites and districts, and new construction in historic areas, and
encourage appropriate measures for such recognition;
K. Submit nominations to the state and national registers of historic places,
as deemed appropriate;
L. Investigate and report to the City Council on the use of various federal,
state, local or private funding sources available to promote historic
resource preservation in the City;
M. Serve as the local review board for the purpose of approving applications
for special property tax valuation per Chapter 84.26 RCW and for the
purpose of entering into agreements with the property owner for the
duration of the special valuation during which time the review board
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monitors the property for continued qualification for the special valuation
per requirements of Chapter 84.26 RCW.
18.05.060 Compensation
All members shall serve without compensation.
18.05.070 Commission staff
Commission
Community
information
Commission
and professional staff assistance shall be provided by the
Development Department with additional assistance and
to be provided as necessary to aid the Historic Preservation
in carrying out its duties and responsibilities under this chapter.
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UNIFIED DEVELOPMENT CODE
REVIEW, ADMINISTRATION, and ENFORCEMENT
Table of Contents
CHAPTER 18.10 – INTEGRATED PROJECT REVIEW PROCESS........................................................................................1
18.10.010
INTENT AND GENERAL PROVISIONS ............................................................................................................. 1
18.10.020
SITE PLAN REVIEW COMMITTEE ................................................................................................................ 1
18.10.030
APPLICATION AND INTERPRETATION ........................................................................................................... 1
18.10.040
CONSENT TO INSPECTION......................................................................................................................... 2
18.10.050
PROJECT CATEGORIZATION ....................................................................................................................... 2
18.10.060
DETERMINATION OF COMPLETENESS .......................................................................................................... 2
18.10.070
PERMIT VESTING .................................................................................................................................... 3
18.10.080
NOTICE OF APPLICATION .......................................................................................................................... 3
18.10.090
FINAL DECISION AND NOTICE .................................................................................................................... 4
18.10.100
APPEALS ............................................................................................................................................... 4
18.10.110
APPLICATION REQUIREMENTS ................................................................................................................... 6
18.10.120
ADDITIONAL APPLICATION REQUIREMENTS FOR CERTAIN APPLICATIONS ............................................................. 8
CHAPTER 18.11 - ENVIRONMENTAL REVIEW AND PERMITTING ...............................................................................17
18.11.010
INTENT ............................................................................................................................................... 17
18.11.020
AUTHORITY ......................................................................................................................................... 17
18.11.030
PERMITS WITHIN A FLOOD HAZARD AREA .................................................................................................. 17
18.11.040
CRITICAL AREAS REVIEW PROCESS ............................................................................................................ 17
18.11.050
DETERMINATION PROCESS ..................................................................................................................... 23
18.11.060
ADDITIONAL REQUIREMENTS FOR CERTAIN EXCEPTIONS................................................................................ 24
18.11.070
MODIFICATIONS AND VARIANCES ............................................................................................................ 26
18.11.080
VARIANCES TO FLOOD DAMAGE PREVENTION ............................................................................................. 27
18.11.090
FLOOD DAMAGE PREVENTION APPEAL ...................................................................................................... 28
CHAPTER 18.12 - MINISTERIAL REVIEW .....................................................................................................................30
18.12.010
MINISTERIAL REVIEW - GENERALLY........................................................................................................... 30
18.12.020
CONSTRUCTION PERMITS ....................................................................................................................... 30
18.12.030
RIGHT-OF-WAY USE PERMITS ................................................................................................................. 30
18.12.040
CERTIFICATE OF APPROPRIATENESS YELM HISTORIC REGISTER ....................................................................... 31
18.12.050
CIVIL PLAN REVIEW ............................................................................................................................... 31
18.12.060
MINISTERIAL SITE PLAN REVIEW............................................................................................................... 31
18.12.070
BOUNDARY LINE ADJUSTMENT ................................................................................................................ 32
18.12.080
HOME OCCUPATION ............................................................................................................................. 33
18.12.090
FINAL SUBDIVISIONS, ADMINISTRATIVE SUBDIVISIONS, SUBDIVISION ALTERATIONS, AND BINDING SITE PLANS .......... 33
18.12.100
FINAL SHORT SUBDIVISIONS .................................................................................................................... 33
18.12.110
SIGNS ................................................................................................................................................ 34
18.12.120
STREET TREE PERMIT ............................................................................................................................. 34
CHAPTER 18.13 – ADMINISTRATIVE REVIEW .............................................................................................................35
18.13.010
ADMINISTRATIVE REVIEW - GENERALLY ..................................................................................................... 35
18.13.020
ADMINISTRATIVE SITE PLAN REVIEW ......................................................................................................... 35
18.13.030
SHORT SUBDIVISION.............................................................................................................................. 36
18.13.040
ADMINISTRATIVE SUBDIVISION................................................................................................................ 36
18.13.050
SUBDIVISION ALTERATIONS AND AMENDMENTS .......................................................................................... 37
18.13.060
ADMINISTRATIVE VARIANCE.................................................................................................................... 38
CHAPTER 18.14 - QUASI-JUDICIAL REVIEW ................................................................................................................39
18.14.010
QUASI-JUDICIAL REVIEW - GENERALLY ...................................................................................................... 39
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18.14.020
PUBLIC HEARINGS ................................................................................................................................. 39
18.14.030
REPORT BY COMMUNITY DEVELOPMENT DEPARTMENT ............................................................................... 40
18.14.040
HEARING EXAMINER OR CITY COUNCIL’S DECISION AND RECOMMENDATION – FINDINGS REQUIRED...................... 40
18.14.050
PRELIMINARY SUBDIVISIONS ................................................................................................................... 40
18.14.060
SPECIAL USE ........................................................................................................................................ 41
18.14.070
BINDING SITE PLANS.............................................................................................................................. 42
18.14.080
PLANNED RESIDENTIAL DEVELOPMENT ...................................................................................................... 42
18.14.090
MIXED USE DEVELOPMENT ..................................................................................................................... 43
18.14.100
VARIANCES ......................................................................................................................................... 44
18.14.110
CRITICAL AREA EXCEPTION...................................................................................................................... 45
CHAPTER 18.15 – LEGISLATIVE REVIEW......................................................................................................................46
18.15.010
LEGISLATIVE REVIEW – GENERALLY ........................................................................................................... 46
18.15.020
PUBLIC HEARINGS ................................................................................................................................. 46
18.15.030
AMENDMENT OF UNIFIED DEVELOPMENT CODE ........................................................................................ 46
18.15.040
CONCEPTUAL MASTER PLANNED DEVELOPMENT ......................................................................................... 47
18.15.050
FINAL MASTER PLANNED DEVELOPMENT ................................................................................................... 47
18.15.060
YELM HISTORIC REGISTER LISTING ........................................................................................................... 48
18.15.070
REMOVAL FROM YELM HISTORIC REGISTER ............................................................................................... 49
CHAPTER 18.16 – CONCURRENCY MANAGEMENT ....................................................................................................50
18.16.010
INTENT OF CONCURRENCY MANAGEMENT ................................................................................................. 50
18.16.020
EXEMPTIONS ....................................................................................................................................... 50
18.16.030
LEVEL OF SERVICE STANDARDS ................................................................................................................ 51
18.16.040
PROCEDURES FOR CONCURRENCY EVALUATIONS ......................................................................................... 52
18.16.050
CRITERIA FOR ISSUING A FINDING OF CONCURRENCY .................................................................................... 52
18.16.060
EFFECT OF A FINDING OF CONCURRENCY. .................................................................................................. 56
18.16.070
RESERVATION OF WATER OR SEWER CONNECTIONS ..................................................................................... 57
18.16.080
IMPROVEMENT DEFERRALS. .................................................................................................................... 57
18.16.090
IMPACT FEES ....................................................................................................................................... 57
CHAPTER 18.17 - IMPROVEMENT AGREEMENTS AND FINANCIAL GUARANTEES.....................................................60
18.17.010
AGREEMENT IN LIEU OF COMPLETION OF IMPROVEMENTS. ........................................................................... 60
18.17.020
AGREEMENT TO ASSURE SUCCESSFUL OPERATION OF IMPROVEMENTS ............................................................. 61
18.17.030
FORM OF FINANCIAL SECURITY ................................................................................................................ 61
18.17.040
AMOUNT OF FINANCIAL SECURITY ............................................................................................................ 61
18.17.050
DEFECTIVE WORK ................................................................................................................................. 62
CHAPTER 18.18 - ENFORCEMENT ...............................................................................................................................63
18.18.010
PURPOSE AND INTENT ........................................................................................................................... 63
18.18.020
VIOLATIONS. ....................................................................................................................................... 63
18.18.030
ENFORCEMENT AND DUTY TO ENFORCE .................................................................................................... 63
18.18.040
INVESTIGATION AND SERVICE OF NOTICE OF VIOLATION ................................................................................ 64
18.18.050
STOP WORK ORDER, EMERGENCY, AND ABATEMENT ORDERS......................................................................... 67
18.18.060
PENALTIES .......................................................................................................................................... 67
18.18.070
UNAUTHORIZED CRITICAL AREA ALTERATIONS AND ENFORCEMENT ................................................................. 69
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CHAPTER 18.10 – INTEGRATED PROJECT REVIEW PROCESS
18.10.010 Intent and general provisions
The intent of this chapter is to establish procedures for implementing the
provisions of Chapter 36.70A (RCW) regarding compliance, conformity, and
consistency of proposed projects with adopted comprehensive plans and
development regulations.
This chapter is enacted pursuant to the
Washington state legislature requirements under the Regulatory Reform Act
and Chapters 36.70A, 36.70B, 36.70C, 43.21C, and 58.17 (RCW).
Unless otherwise indicated in this chapter, the applicant shall be responsible
for the initiation, preparation, submission, and expense of all required
reports, assessments, studies, plans, reconnaissance, peer review by
qualified consultants, and other work prepared in support of or necessary to
review the application.
In the interpretation and application of this chapter, the provisions of this
chapter shall be considered to be the minimum requirements necessary,
shall be liberally construed to serve the purpose of this chapter, and shall be
deemed to neither limit nor repeal any other provisions under state statute.
18.10.020 Site Plan Review Committee
The Site Plan Review Committee shall be comprised of the Community
Development Director, the Public Works Director, and other members as
appointed by the City Administrator or his/her designee. The Site Plan
Review Committee reviews all applications for land development to ensure
compliance with all City development regulations.
18.10.030 Application and interpretation
A. Application. This chapter describes how the City will concurrently process
applications for development subject to review under the Unified
Development Code, Title 18 YMC.
B. Interpretation. The Community Development Director or his/her designee
shall review project applications as follows:
1. For consistency with Yelm’s Comprehensive Plan, the standards of
this title, and any adopted development and design guidelines;
2. To identify specific
mitigation; and
project
design
and
conditions
relating
to
3. To make decisions on permits based upon the record established at
the public hearing, if one is held.
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18.10.040 Consent to inspection
The applicant shall provide sufficient and reasonable access to the property,
to enter upon and inspect as reasonably necessary to process the
application.
18.10.050 Project categorization
Once an application is received, the Community Development Department
determines the projects categorization, and shall follow the review process
as described below.
A. Ministerial. Projects allowed outright by the underlying zoning district and
are of such a scale and character that they do not require public notice or
hearings. These projects are subject to clear and objective standards and
may require professional technical judgment.
B. Administrative. Projects allowed outright by the underlying zoning district
and are of such a scale and character that they may cause impacts to the
surrounding neighborhood or to City services that may require
mitigation. Administrative projects require public notice, but do not
require an open record pre-decision hearing. These projects are subject
to objective and subjective standards, about which there may be limited
public interest, and which may require discretion about nontechnical
issues.
C. Quasi-Judicial. Projects that are of such a scale and character that they
may be incompatible with the surrounding neighborhood or to City
services that may not be able to be fully mitigated. Quasi-judicial
permits require public notice, an open record pre-decision hearing, and
allow for a closed record appeal. These projects require substantial
discretion, and may have broad public interest.
D. Legislative. Projects that entail the creation of new policies or codes that
require significant public input. Legislative projects require an open
record pre-decision hearing. These projects have broad public interest.
18.10.060 Determination of completeness
Within 28 days of receipt of an application, the City shall notify the applicant
that the application is complete or what specific information is required to
complete the application.
Within 14 days of receipt of additional information from the applicant, the
City shall notify the applicant that the application is complete or remains
incomplete.
Notices may be sent via electronic mail or first class mail.
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18.10.070 Permit vesting
A valid and fully complete ministerial, administrative, and quasi-judicial
permit application, and/or developer agreement establishes the point of
vesting of development rights.
18.10.080 Notice of application
A. When required.
All administrative and quasi-judicial project permit
applications require issuance of a notice of application.
B. Content. All notices of application shall contain a description of the
proposed project, including the dates of its application and determination
of completeness; the date, time, place, and type of action for the
project; the method to comment upon and/or appeal the project;
identification of other known permits needed; identification of existing
environmental documents; and the threshold determination pursuant to
the State Environmental Policy Act, if applicable.
C. Timing. A notice of application is distributed within 14 days after the
determination of completeness, and provides for a comment period of 15
days following the date of the notice of application.
D. Notice of application methods. Distribution of the notice of application
will be by the following methods.
1. Electronic mail, or first class mail to affected City departments, State
or Federal agencies having jurisdiction, affected tribal governments,
and to the applicant and/or the applicant’s representative.
2. First class mail to all property owners of record within 300 feet of the
subject project’s boundaries.
3. Publication in a newspaper of general circulation in the City.
4. Other noticing requirements that may be required by state or federal
statute.
E. Special considerations.
1. Administrative subdivision.
Within 10 days of determination of
completeness, notice shall be posted on or around the land proposed
to be subdivided in at least five conspicuous places designed to
attract public awareness of the proposal. The notice shall include
notification that no public hearing will be held on the application
unless requested within 21 days from the date of the notice, and set
procedures and time limitations for persons to require a public
hearing and make comments.
2. Secure community transition facilities. In addition to the methods
listed above, notice shall be provided via first class mail to all
property owners of record within 1,000 feet of the subject project’s
Agenda Item 8. a. Unified Development Code
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boundaries.
3. Conceptual and final master site plans. In addition to the methods
listed above, notice shall be provided via first class mail to all
property owners of record within 1,000 feet of the subject project’s
boundaries.
18.10.090 Final decision and notice
All final decisions shall include procedures for appeal. A final decision may
consist of a letter of approval for ministerial projects, or a permit approval or
a decision at a hearing for administrative, quasi-judicial, and legislative
projects.
A. Timing.
1. A final decision must be issued within 120 days after the notice of
complete application is issued, provided that this does not include
any time taken:
a. By the applicant to submit additional information required for the
review of the project;
b. For the preparation of an environmental impact statement; or
c. To process and decide administrative appeals provided they do not
exceed 90 days for an open record appeal hearing or 60 days for a
closed record appeal.
2. The 120 day limit does not apply to legislative projects.
B. Special considerations.
1. Preliminary subdivision. A final decision for preliminary subdivisions
shall be issued within 90 days after the notice of complete application
is issued.
2. Final subdivision. Final subdivisions will be approved, disapproved or
returned to the applicant within 30 days from the date of submitting
the final subdivision application to the City.
18.10.100 Appeals
A. Appeals of administrative determinations. All
ministerial
and
administrative project permit decisions, and any administrative
determination that terminates review may be appealed to the Hearing
Examiner at an open record appeal hearing.
B. Appeals of Hearing Examiner decisions. All final decisions of the Hearing
Examiner may be appealed to the City Council at a closed record appeal
hearing.
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C. Judicial and state board appeals. All final decisions of the City Council
may be appealed pursuant to the time limits, methods, procedures and
criteria for review of land use decisions by the courts or by a quasijudicial body created by state law, such as the Growth Management
Hearings Board.
D. Appeal of State Environmental Policy Act threshold determinations.
1. Determination of Non-significance
administrative appeal of a DNS.
(DNS).
There
is
no
local
2. Determination of Significance (DS). An appeal of a DS or the scope
of the environmental impact statement may occur before a final
decision. The Hearing Examiner shall decide the appeal at a closed
record appeal hearing.
3. Mitigated Determination of Non-significance (MDNS).
a. For projects requiring a public hearing, the appeal shall be
consolidated with the underlying permit.
b. For projects that do not require a public hearing, the appeal must
be made together with an appeal of the underlying permit of the
MDNS.
E. Standing to appeal. Appeals may be initiated by:
1. The applicant and/or the owner of property to which the decision is
directed;
2. Another person aggrieved or adversely affected by the decision, or
who would be aggrieved or adversely affected by a reversal or
modification of the decision. A person is aggrieved or affected within
the meaning of this section only when all the following conditions are
present:
a. The land use decision has prejudiced or is likely to prejudice that
person;
b. That person's asserted interests are among those that the local
jurisdiction was required to consider when it made the land use
decision;
c. A judgment in favor of that person would substantially eliminate or
redress the prejudice to that person caused or likely to be caused
by the land use decision; and
d. The petitioner has exhausted his/her administrative remedies to
the extent required by law.
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F. Content of appeal. Appeals must be in writing, be accompanied by the
appeal fee established by the City Council, and contain the following
information:
1. Appellants name, address, and phone number;
2. A statement describing the appellant’s standing to bring the appeal;
3. Identification of the decision that is the subject of the appeal,
including date of the decision being appealed;
4. A specific statement of the grounds for the appeal and the facts upon
which the appeal is based;
5. The relief sought; and
6. A statement that the appellant has read the appeal and believes the
contents to be true and correct, signed by the appellant.
G. Timing of appeal. All appeals must be filed within 21 days from the date
of the decision being appealed.
H. Requests for reconsideration.
Requests for reconsideration to the
Hearing Examiner or City Council are not authorized.
I.
Stay. A timely appeal stays the effective date of the decision until the
matter has been resolved at the City level.
18.10.110 Application requirements
Each application shall contain the following information in clear and
intelligible form:
A. A complete description of the proposed development;
B. The names, addresses and telephone numbers of the owner(s) of the
land; the applicant; the names, addresses and telephone numbers of any
architect, planner, designer or engineer responsible for the preparation
of the plan; and of any authorized representative of the applicant;
C. Names and addresses of owners of record of land within 300 feet of the
parcel(s) proposed for development, and within 300 feet of contiguous
property in the same ownership;
D. Site address and legal description, including parcel numbers of all lands
included in the development, and total acreage;
E. Vicinity sketch showing the location of the site and its relationship to
surrounding areas;
F. The proposed use or uses of the land and buildings, and number of
square feet in gross floor area for each commercial and industrial use;
G. Copy of covenants or other restrictions applying to or proposed to
encumber or be imposed upon the site.
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H. A site plan drawing or drawings at a scale of not less than one inch for
each 50 feet which shall include or show:
1. The location of all existing and proposed structures, including, but not
limited to, buildings, building setback lines, fences, culverts, bridges,
roads and streets on the subject property;
2. The boundaries of the property proposed to be developed;
3. All areas, if any, to be preserved as buffers or to be dedicated to a
public, private or community use or for open space under the
provisions of this or any other City ordinance, and information
regarding percentage of area covered;
4. Preliminary landscaping;
5. All existing and proposed easements;
6. The locations of all existing and proposed utility structures and lines,
and the location of any wells and underground storage tanks on or
within 100 feet of the site;
7. The stormwater
structures;
drainage
systems
for
existing
and
proposed
8. All means of vehicular and pedestrian ingress and egress at the site
and the size and location of driveways, streets and roads;
9. The location and design of off-street parking areas showing their size
and locations of internal circulation and parking spaces;
10. The location of all loading spaces, including, but not limited to, truck
loading platforms and loading docks;
11. A grading plan for any cuts and/or fills collectively exceeding 100
cubic yards, exclusive of cuts and fills solely for streets or utilities.
Such plan shall include the extent and nature of proposed cuts and
fills and information on the character of the soil and underlying
geology;
12. Location and area, in square feet, of all signs;
13. Topographic map or maps that delineate contours, both existing and
proposed, at intervals of 2 feet, and which locate existing streams
and forested areas, and the location of all areas subject to flooding
with any proposed flood control facilities or improvements;
14. The location of other natural features such as rock outcroppings and
marshes;
15. The boundaries of any natural resource lands or critical areas as
defined by the City.
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16. The proposed number of square feet in paved or covered surfaces,
whether covered by buildings, driveways, parking lots or any other
structure covering land; and the total amount of square feet in the
entire proposed development site; and
17. The proposed number of dwelling units in the development, if
applicable;
I.
Building elevations, perspective renderings or such other graphic
material or evidence to illustrate effect on the view enjoyed by and from
other properties in the vicinity;
J.
The appropriate application fee(s).
18.10.120 Additional
applications
application
requirements
for
certain
In addition to the application requirements above, additional information is
required for certain specific applications, as follows.
A. Building permits.
1. The name, address and phone number of the prime contractor;
2. Either the name, address and phone number of the office of the
lender administering the interim construction financing, if any, or the
name and address of the firm that has issued a payment bond, if any,
on behalf of the prime contractor for the protection of the owner, if
the bond is for an amount not less than 50 percent of the total
amount of the construction project;
3. Plans, specifications and reports, as required by Chapter 18.23 YMC.
B. Sign permits.
1. Location of the sign structure, drawings or photographs showing the
design and dimensions of the sign and details of its proposed
placement.
2. Indicate primary, secondary and if available third and fourth walls
and such other pertinent information as the Community Development
Department may require.
3. Applications for digital messaging signs shall indicate how compliance
with Section 18.60.050 YMC is achieved.
C. Civil plan review.
1. Plans, specifications and reports, as required by the Yelm Engineering
Specifications and Standard Details.
D. Wireless communications facilities (WCF).
1. The proposed color(s) of the facility including antennas;
Agenda Item 8. a. Unified Development Code
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2. A statement signed by the applicant and landowner indicating that:
a.
For freestanding WCF's, the applicant and landowner agree
they will diligently negotiate in good faith to facilitate colocation of additional WCF’s, by other WCF providers, on the
applicant’s structure; and
b.
For all WCF’s, the applicant and landowner agree to dismantle
and remove the WCF and restore the site within one year after
abandonment.
3. Documentation that the WCF will not cause substantial noise or
interference with electrical, transmission or reception functions or
cause similar disturbances.
4. If applicant is also the WCF provider, proof that the applicant is
licensed by the FCC, or not required to be licensed.
5. If the applicant is not the WCF provider, proof of lease agreements
with an FCC licensed WCF provider if such provider is required to be
licensed by the FCC.
6. Except for a co-location proposal, documentation that there are no
co-location possibilities as an alternative to installation of the WCF. At
minimum, this requires an assessment of any existing towers that
have the location, as well as the existing or potential height,
structural capability and equipment structure area, to serve the
applicant’s needs, a written request to those tower owners to colocate on their facilities, and a good faith effort to work with those
tower owners to co-locate.
7. Information identifying the radio frequencies to be received,
transmitted, or relayed from the facility, and technical documentation
demonstrating compliance with FCC standards for electromagnetic
field strength in the form of power density expressed as micro-watts
per square centimeter.
8. Documentation that the WCF antenna and support structure are safe
and the surrounding areas will not be negatively affected by WCF
failure, falling ice, or other debris or interference.
E. Freestanding wireless communication facilities.
1. The reasonably calculated distance between the freestanding WCF
and the nearest residentially zoned property and the nearest property
with an existing residence.
2. A statement signed by the applicant stating the freestanding WCF will
comply with all Federal Aviation Administration (FAA) regulations.
3. A
statement
signed
by
the
applicant
documenting
that
the
Agenda Item 8. a. Unified Development Code
Page 54 of 340
freestanding WCF will accommodate the co-location of at least 2
additional antennas for future users, or an explanation of why such
design is not feasible for technical or physical reasons.
4. Documentation that adequate security measures will be provided,
including anti-climbing devices.
5. Aerial test photos (e.g., balloon) from all four directions off-site, from
close proximity to the front and rear of any residence on adjacent
properties, including across any roadway fronting the subject
property, and from the boundary line of any adjacent jurisdiction
within 2 miles of the site.
6. Method and color of fencing and, if applicable, the method of
camouflage and illumination.
F. Preliminary subdivisions.
1. A map of the proposed subdivision drawn upon one or more sheets
with a maximum size of 18 inches by 24 inches; these sheets shall
show specifically and clearly the following features and information:
a. The plat datum, north arrow, date, and scale at one inch equals
either 50, 100, or 200 feet.
b. The boundary lines of the property to be divided and names of
adjacent subdivisions, streets, and boundary lines of adjacent
parcels.
c. The boundaries of existing adjacent or internal lots, blocks and
streets shown with dotted lines.
d. The boundaries and purpose of parcels of land intended to be
dedicated or temporarily reserved for public use or to be reserved
for common use of property owners or residents of the subdivision,
along with any conditions or limitations of such dedications or
reservation clearly indicated.
e. Location and type of existing and proposed street lighting.
f. Location of any trees and natural features and whether they are to
be preserved.
g. The location and size of all existing sewers, water mains, culverts
and other public or private underground installations within and
adjacent to the subdivision.
h. Location, widths and names of all existing and proposed streets,
sidewalks, railroads, power lines, telephone lines within or adjacent
to the proposed subdivision.
i. The grade and curve radii of curves of existing and proposed
Agenda Item 8. a. Unified Development Code
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streets within the plat boundary and within 300 feet of the
subdivision.
j. The layout and dimensions of existing and proposed street and
alley rights-of-way, utility and access easements and lots and
blocks.
k. The location of other significant features such as City limits, section
lines and section corners.
l. Existing and proposed survey and elevation monuments.
G. Planned residential developments.
1. Front and side elevations, and exterior architectural treatments.
2. Program for development including estimated staging or timing of
development, including build-out data to be submitted to the City and
to the applicable school district for each year during the construction
period.
3. Proposed ownership pattern upon completion of development.
4. Basic content of restrictive covenants.
5. Provisions to assure permanence and maintenance of common open
space through homeowner’s association formation, condominium
development or other means acceptable to the City
6. Statement describing the relationship of the proposed planned
residential development to the Yelm Comprehensive Plan.
H. Conceptual master planned communities.
1. The acreage contained within the proposed master plan area, the
number of dwelling units proposed, and the number of dwelling units
per acre of land proposed.
2. The total acreage of nonresidential uses proposed, by type of use.
3. Applicable school district(s), fire district(s) or departments and other
special purpose districts.
4. General description of options for source(s) of water supply,
method(s) of sewage disposal, methods of stormwater control and
means to handle hazardous materials and hazardous waste if
applicable.
5. Conceptual plan and supporting maps. Generalized proposed land
uses including:
a. Potential uses.
b. Range of densities and housing types.
Agenda Item 8. a. Unified Development Code
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c. Phasing of development.
6. Multimodal transportation plans, with proposed major routes, points
of ingress and egress and the relation to existing and proposed area
transportation facilities.
7. Existing site conditions including watercourses, wetland area,
floodplains, unique natural features, forest cover, steep slopes and
elevation contours of appropriate intervals to indicate the topography
of the entire tract for a reasonable distance beyond the boundaries of
the proposed development to include adjacent or nearby lands where
project impacts are relevant.
I.
Final master planned community.
1. The acreage contained within the proposed master plan; the total
number of dwelling units being proposed; and the average number of
dwelling units per acre of land.
2. The number and acreage of each type of dwelling units proposed.
3. The acreage of open space (including a separate figure for active
recreation space) to be contained in the master plan, and the
percentage it represents of the total area.
4. The total acreage of each type of nonresidential use, including the
approximate floor area and type of commercial and industrial uses.
5. The source of water supply, including the specific type of facilities
involved, their capacities and the estimated timing of completion of
these facilities.
6. The method of sewage disposal, to include the name of sewer
operator, if any, including the specific type of facilities involved, their
capacities and the estimated timing of completion of these facilities.
7. A plan for hazardous waste control if appropriate, including the
specific type of facilities involved, their capacities and the estimated
timing of completion of these facilities.
8. Applicable school district(s), fire district(s) or department(s) and
other special purpose districts.
9. A development schedule indicating the approximate date when
construction of the master plan or stages of the master plan can be
expected to begin and be completed, including the approximate size
in acres of each phase, and the proposed phasing of construction of
public improvements and recreational and common open space areas.
10. The proposed means of financing and allocation of responsibility for
providing the utilities and services required as a result of the
development, including off-site facilities and improvements. These
Agenda Item 8. a. Unified Development Code
Page 57 of 340
utilities and services shall include, but not be limited to, water,
sewer, streets and highways, schools, fire protection, parks,
stormwater control and disposal of wastes, including toxic wastes, if
any.
11. The means of meeting any other requirements imposed as a
condition of conceptual approval of the master plan.
J.
Mixed use development.
1. A written statement providing the following information:
a. Program for development including staging or timing.
b. Proposed ownership pattern upon completion of development.
c. Basic content of restrictive covenants, if any.
d. Provision to assure permanence and maintenance of open space
through means acceptable to the City.
e. Statement of tabulation of number of persons to be employed,
served or housed in the proposed development.
f. Statement describing the relationship of the
development to Yelm’s comprehensive land use plan.
proposed
g. Statement indicating availability of existing or proposed sanitary
sewers.
h. Land use and architectural guidelines to be used by the City and
the associated architectural review authority to apply to future
buildings.
K. Final subdivisions, short subdivisions, administrative
subdivision alterations, and binding site plans.
subdivisions,
1. Each application for a final land division shall contain the following
information. Specific items may be waived by the Community
Development Department if deemed such information to be irrelevant
or not applicable to a particular application.
a. Names, addresses and phone numbers of the owner, applicant,
engineer and/or surveyor.
b. A copy of any deed restrictions to be applicable to the subdivision.
c. A copy of any separate dedication documents.
d. Documentation of acreage to the nearest hundredth of each lot of
one acre or more and square footage of each lot of less than one
acre, and mathematical boundary closure of the subdivision, of
each lot and block, of street centerlines, showing the error of
closure, if any.
Agenda Item 8. a. Unified Development Code
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e. A map on one or more sheets with, at minimum, the following
content:
i. The date, scale, north arrow and legend.
ii. Controlling topography and existing features such as streams,
streets and railroads.
iii. Legal description of the subdivision boundaries.
iv. A complete survey of the section or sections in which the
subdivision is located, or as much thereof as may be necessary
to properly orient the plat within such section or sections,
including reference points and lines of existing surveys identified
that relate to the plat including:
1) All stakes, monuments or other evidence found on the ground
and used to determine the boundaries of the subdivision. If a
section breakdown is required to determine the boundaries of
the subdivision, such section breakdown shall be shown.
Location and monuments found or reset with respect to any
established centerline of streets adjacent to or within the
proposed subdivision. All other monuments found or
established in making the survey of this subdivision or
required to be installed by provisions of this title division.
2) Adjoining corners of adjoining lots, blocks, and subdivisions.
3) Section and donation land claim lines within and adjacent to
the subdivision.
4) The exact location and width of streets and easements
intersecting the boundary of the tract.
5) Tract, block and lot boundary lines and street rights-of-way
and centerlines, with dimensions, bearings or deflection
angles, radii, arcs or central angles, points of curvature and
tangent bearings. Tract boundaries, lot boundaries and street
bearings shall be shown to the nearest second with basis of
bearings. All distances shall be shown to the nearest 100th
foot.
6) The width and location of existing easements and rights-ofway and of easements and rights-of-way being dedicated.
f. Prominent lot and block numbers beginning with number “1” and
numbered consecutively without omission or duplication in a given
block or subdivision and so placed as not to obscure any figure.
Block numbering shall be a continuation of blocks in any
contiguous subdivision of the same name.
Agenda Item 8. a. Unified Development Code
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g. Land parcels to be dedicated to any public or private purpose shall
be distinguished from lots intended for general development.
h. Net acreage to the nearest hundredth of lots containing one acre or
more.
2. The land division map shall include the following statements, which
may be combined where appropriate:
a. Approval signature blocks for the City, to include the Mayor,
attested by the City Clerk, the Public Works Director and the
Community Development Director, except short subdivision maps
do not require Mayor signature.
b. An acknowledgment before the auditor or another officer who is
authorized by law to take acknowledgment of deeds by the person
filing the plat or a certificate of the acknowledgment annexed to
such plat and recorded therewith.
c. A certificate of consent to the preparation and recording of the plat
with the acknowledged signature of all parties with any record title
interest in the land being subdivided.
d. A certificate dedicating all parcels of land shown on the final map
intended for any public use with the acknowledged signature of all
owners of the subdivision.
e. A certificate with the seal of and signature of the surveyor
responsible for the survey and final plat.
f. Certification from the county treasurer that all taxes and
assessments for which the property may be liable have been duly
paid, satisfied or discharged as of the date of certification.
g. Certification of examination and approval by the county assessor.
h. Certification of title by a title insurance company, dated not more
than 30 days prior to final plat application, with the names of all
persons whose consent is necessary to effectively dedicate
proposed streets and other easements.
3. All final subdivision maps shall be drawn in accordance with the
following standards:
a. The final map shall be clearly and legibly drawn in permanent black
ink.
b. The scale of the map shall be one inch equals either 50, 100, 200,
or 400 feet; the appropriate scale to be determined on the basis of
the area of the subdivision.
c. Lettering shall be at least 3/32 of an inch high.
Agenda Item 8. a. Unified Development Code
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d. The perimeter of the plat or subdivision being recorded shall be
depicted with heavy lines wider than the remaining portion of the
plat of the subdivision.
e. The size of each sheet shall be 18 by 24 inches.
f. A margin line shall be drawn completely around each sheet leaving
an entirely blank margin of at least three inches on the left side
and at least one-half inch on each of the other three sides.
g. If more than 2 sheets are used, provide an index of the entire
subdivision showing the arrangement of all sheets. Each sheet
shall be numbered.
h. The plat title, date, scale, quarter-quarter section and north arrow
shall be shown on each appropriate sheet of the final plat.
i. All signatures placed on the final plat shall be original signatures
written in permanent black ink.
4. The survey of the proposed subdivision and preparation of the plat
shall be made by or under the supervision of a registered land
surveyor of the state of Washington who shall certify on the plat that
it is a true and correct representation of the lands actually surveyed.
5. Permanent control monuments shall be established at each and every
controlling corner on the boundaries of the parcel of land being
subdivided. The Public Works Director shall determine the number
and location of permanent control monuments within the plat, if any.
The type of monument will conform to the standards adopted by the
City Council.
L. Special use permit for secure community transition facility
1. The applicant shall submit the following plans and notification
procedures as part of the application. These plans and notification
procedures shall be forwarded to the Yelm Police Department for
review and recommendation to the Hearing Examiner.
a. The staffing and security plan for the proposed secure community
transition facility.
b. An escape search plan and procedures for immediate public
notification of escapes.
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CHAPTER
18.11 - ENVIRONMENTAL REVIEW AND PERMITTING
18.11.010 Intent
The intent of this chapter is to establish procedure for processing
environmental review and environmental permits that apply to all lands
within the City that may or may not be required during other integrated
project review.
18.11.020 Authority
The City may withhold, condition, or deny development permits or activity
approvals to ensure that the proposed action is consistent with the
provisions of Chapters 18.20 and 18.21 YMC.
18.11.030 Permits within a flood hazard area
A. Development permit required. A development permit shall be obtained
before construction or development begins within any area of special
flood hazard established in Section 18.21.090(C) YMC. The permit shall
be for all structures, including manufactured homes, as defined Section
18.02.040 YMC, and for all development including fill and other activities.
B. Development permit application. Application for a development permit
shall be made on forms furnished by the planning department and may
include but not be limited to: plans in duplicate drawn to scale showing
the nature, location, dimensions, and elevations of the area in question;
existing or proposed structures, fill, storage of materials, drainage
facilities, and the location of the foregoing. Specifically, the following
information is required:
1. Elevation in relation to mean sea level of the lowest floor (including
basement) of all structures.
2. Elevation in relation to mean sea level to which any structure has
been flood proofed.
3. Certification by a registered professional engineer, surveyor, or
architect that the flood proofing methods for any nonresidential
structure meet the flood proofing criteria in Section 18.21.080 YMC,
and
4. Description of the extent to which a watercourse will be altered or
relocated as a result of proposed development.
18.11.040 Critical areas review process
A. Critical areas report requirements.
1. Preparation by Qualified Professional. If required by the Community
Development Department, the applicant shall submit a critical area
report prepared by a qualified professional as defined herein.
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2. Incorporating best available science. The critical area report shall use
scientifically valid methods and studies in the analysis of critical area
data and field reconnaissance and reference the source of science
used. The critical area report shall evaluate the proposal and all
probable impacts to critical areas in accordance with the provisions of
this chapter.
3. Minimum report contents. At a minimum, the report shall contain the
following:
a. The name and contact information of the applicant, a description of
the proposal, and identification of the permit requested.
b. A copy of the site plan for the development proposal including:
i. A map drawn to scale depicting critical areas, buffers, the
development proposal, and any areas to be cleared.
ii. A description of the proposed stormwater management plan for
the development and consideration of impacts to drainage
alterations.
c. The dates, names, and qualifications of the persons preparing the
report and documentation of any fieldwork performed on the site.
d. Identification and characterization of all critical areas, wetlands,
water bodies, and buffers adjacent to the proposed project area.
e. A statement specifying the accuracy of the report, and all
assumptions made and relied upon.
f. An assessment of the probable cumulative impacts to critical areas
resulting from development of the site and the proposed
development.
g. An analysis of site development alternatives including a nodevelopment alternative.
h. A description of reasonable efforts made to apply mitigation
sequencing pursuant to mitigation sequencing to avoid, minimize,
and mitigate impacts to critical areas.
i. Plans for adequate mitigation, as needed, to offset any impacts, in
accordance with mitigation plan requirements, including, but not
limited to:
i. The impacts of any proposed development within or adjacent to
a critical area or buffer on the critical area.
ii. The impacts of any proposed alteration of a critical area or buffer
on the development proposal, other properties and the
environment.
Agenda Item 8. a. Unified Development Code
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j. A discussion of the performance standards applicable to the
critical area and proposed activity.
k. Financial guarantees to ensure compliance.
l.
Any additional information required for the critical area as
specified in the corresponding chapter.
m. Unless otherwise provided, a critical area report may be
supplemented by or composed, in whole or in part, of any reports
or studies required by other laws and regulations or previously
prepared for and applicable to the development proposal site, as
approved by the Community Development Department.
B. Critical area report – additional requirements for habitat conservation
areas.
1. The following areas shall be addressed in a critical area report for
habitat conservation areas:
a. The project area of the proposed activity;
b. All habitat conservation areas and recommended buffers within
300 feet of the project area; and
c. All shoreline areas, floodplains, other critical areas, and related
buffers within 300 feet of the project area.
2. Habitat assessment. A habitat assessment is an investigation of the
project area to evaluate the potential presence or absence of
designated critical fish or wildlife species or habitat. A critical area
report for a habitat conservation area shall contain an assessment of
habitats including the following site- and proposal-related information
at a minimum:
a. Detailed description of vegetation on and adjacent to the project
area and its associated buffer.
b. Identification of any species of local importance, priority species, or
endangered, threatened, sensitive, or candidate species that have
a primary association with habitat on or adjacent to the project
area, and assessment of potential project impacts to the use of the
site by the species.
c. A discussion of any federal, state, or local special management
recommendations, including Washington Department of Fish and
Wildlife habitat management recommendations, that have been
developed for species or habitats located on or adjacent to the
project area.
d. A detailed discussion of the direct and indirect potential impacts on
habitat by the project, including potential impacts to water quality.
Agenda Item 8. a. Unified Development Code
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e. A discussion of measures, including avoidance, minimization, and
mitigation, proposed to preserve existing habitats and restore any
habitat that was degraded prior to the current proposed land use
activity and to be conducted in accordance with mitigation
sequencing.
f. A discussion of ongoing management practices that will protect
habitat after the project site has been developed, including
proposed monitoring and maintenance programs.
3. Additional information may be required. When appropriate due to the
type of habitat or species present or the project area conditions, the
Community Development Department may also require the habitat
management plan to include:
a. An evaluation by an independent qualified professional regarding
the applicant's analysis and the effectiveness of any proposed
mitigating measures or programs, to include any recommendations
as appropriate;
b. A request for consultation with the Washington Department of Fish
and Wildlife or the local Native American Indian Tribe or other
appropriate agency; and
c. Detailed surface and subsurface hydrologic features both on and
adjacent to the site.
C. Critical area report – modifications to requirements.
1. Limitations to study area. The Community Development Department
may limit the required geographic area of the critical area report as
appropriate if:
a. The applicant, with assistance from the City, cannot obtain
permission to access properties adjacent to the project area; or
b. The proposed activity will affect only a limited part of the subject
site.
2. Modifications to required contents. The applicant may consult with
the Community Development Department prior to or during
preparation of the critical area report to obtain City approval of
modifications to the required contents of the report where, in the
judgment of a qualified professional, more or less information is
required to adequately address the potential critical area impacts and
required mitigation.
3. Additional information requirements. The Community Development
Department may require additional information to be included in the
critical area report when determined to be necessary to the review of
Agenda Item 8. a. Unified Development Code
Page 65 of 340
the proposed activity in accordance with this chapter. Additional
information that may be required, includes, but is not limited to:
a. Historical data, including original and subsequent mapping, aerial
photographs, data compilations and summaries, and available
reports and records relating to the site or past operations at the
site;
b. Grading and drainage plans; and
c. Information specific to the type, location, and nature of the critical
area.
D. Mitigation requirements.
1. The applicant shall avoid all impacts that degrade the functions and
values of a critical area or areas. Unless otherwise provided in this
chapter, if alteration to the critical area is unavoidable, all adverse
impacts to or from critical areas and buffers resulting from a
development proposal or alteration shall be mitigated using the best
available science in accordance with an approved critical area report
and SEPA documents, so as to result in no net loss of critical area
functions and values.
2. Mitigation shall be in-kind and on-site, when possible, and sufficient
to maintain the functions and values of the critical area, and to
prevent risk from a hazard posed by a critical area.
3. Mitigation shall not be implemented until after City approval of a
critical area report that includes a mitigation plan, and mitigation
shall be in accordance with the provisions of the approved critical
area report.
E. Mitigation sequencing. Applicants shall demonstrate that all reasonable
efforts have been examined with the intent to avoid and minimize
impacts to critical areas. When an alteration to a critical area is
proposed, such alteration shall be avoided, minimized, or compensated
for in the following sequential order of preference:
1. Avoiding the impact altogether by not taking a certain action or parts
of an action.
2. Minimizing impacts by limiting the degree or magnitude of the action
and its implementation, by using appropriate technology, or by taking
affirmative steps, such as project redesign, relocation, or timing, to
avoid or reduce impacts.
3. Rectifying the impact to wetlands, critical aquifer recharge areas,
frequently flooded areas, and habitat conservation areas by repairing,
rehabilitating, or restoring the affected environment to the historical
Agenda Item 8. a. Unified Development Code
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conditions or the conditions existing at the time of the initiation of the
project.
4. Minimizing or eliminating the hazard by restoring or stabilizing the
hazard area through engineered or other methods.
5. Reducing or eliminating the impact or hazard over time by
preservation and maintenance operations during the life of the action.
6. Compensating for the impact to wetlands, critical aquifer recharge
areas, frequently flooded areas, and habitat conservation areas by
replacing, enhancing, or providing substitute resources or
environments.
7. Monitoring the hazard or other required mitigation and taking
remedial action when necessary.
8. Mitigation for individual actions may include a combination of the
above measures.
F. Mitigation plan requirements. When mitigation is required, the applicant
shall submit for approval by the City a mitigation plan as part of the
critical area report. The mitigation plan shall include:
1. Environmental goals and objectives. The mitigation plan shall include
a written report identifying environmental goals and objectives of the
compensation proposed and including:
a. A description of the anticipated impacts to the critical areas and
the mitigating actions proposed and the purposes of the
compensation measures, including the site selection criteria;
identification of compensation goals; identification of resource
functions; and dates for beginning and completion of site
compensation construction activities. The goals and objectives shall
be related to the functions and values of the impacted critical area;
b. A review of the best available science supporting the proposed
mitigation and a description of the report author's experience to
date in restoring or creating the type of critical area proposed; and
c. An analysis of the likelihood of success of the compensation
project;
d. Performance standards. The mitigation plan shall include
measurable specific criteria for evaluating whether or not the goals
and objectives of the mitigation project have been successfully
attained and whether or not the requirements of this chapter have
been met;
e. Detailed construction plans. The mitigation plan shall include
written specifications and descriptions of the mitigation proposed,
Agenda Item 8. a. Unified Development Code
Page 67 of 340
such as:
i. The proposed construction sequence, timing, and duration;
ii. Grading and excavation details;
iii. Erosion and sediment control features;
iv. A planting plan specifying plant species, quantities, locations,
size, spacing, and density; and
v. Measures to protect and maintain plants until established.
vi. These written specifications shall be accompanied by detailed
site diagrams, scaled cross-sectional drawings, topographic
maps showing slope percentage and final grade elevations, and
any other drawings appropriate to show construction techniques
or anticipated final outcome.
f. Monitoring program. The mitigation plan shall include a program
for monitoring construction of the compensation project and for
assessing a completed project. A protocol shall be included
outlining the schedule for site monitoring (for example, monitoring
shall occur in years one, three, five, and seven after site
construction), and how the monitoring data will be evaluated to
determine if the performance standards are being met. A
monitoring report shall be submitted as needed to document
milestones, successes, problems, and contingency actions of the
compensation project. The compensation project shall be
monitored for a period necessary to establish that performance
standards have been met, but not for a period less than five years.
g. Contingency plan. The mitigation plan shall include identification of
potential courses of action, and any corrective measures to be
taken if monitoring or evaluation indicates project performance
standards are not being met.
h. Financial guarantees. The mitigation plan shall include financial
guarantees, if necessary, to ensure that the mitigation plan is fully
implemented.
18.11.050 Determination process
A. Determination. The Community Development Department shall make a
determination as to whether the proposed activity and mitigation, if any,
is consistent with the provisions of this chapter. The Community
Development Department's determination shall be based on the review
criteria.
B. Review criteria.
1. Any alteration to a critical area, unless otherwise provided for in this
Agenda Item 8. a. Unified Development Code
Page 68 of 340
chapter, shall be reviewed and approved, approved with conditions,
or denied based on the proposal's ability to comply with all of the
following criteria:
a. The proposal minimizes the impact on critical areas in accordance
with mitigation sequencing;
b. The proposal does not pose an unreasonable threat to the public
health, safety, or welfare on or off the development proposal site;
c. The proposal is consistent with the general purposes of this
chapter and the public interest;
d. Any alterations permitted to the critical area are mitigated in
accordance with mitigation requirements;
e. The proposal protects the critical area functions and values
consistent with the best available science and results in no net loss
of critical area functions and values; and
f. The proposal is consistent with other applicable regulations and
standards.
2. The City may condition the proposed activity as necessary to mitigate
impacts to critical areas and to conform to the standards required by
this chapter.
3. Except as provided for by this chapter, any project that cannot
adequately mitigate its impacts to critical areas in the sequencing
order of preferences shall be denied.
C. Completion of the critical area review. The City's determination regarding
critical areas pursuant to this chapter shall be final concurrent with the
final decision to approve, condition, or deny the development proposal or
other activity involved.
D. Appeals. Any decision to approve, condition, or deny a development
proposal or other activity based on the requirements of this chapter may
be appealed according to, and as part of, the appeal procedure for the
permit or approval involved.
18.11.060 Additional requirements for certain exceptions
A. Critical area exception. A request for an exception shall be made to the
City and shall include a critical area report. The Community Development
Department shall act on the exception request as part of the underlying
permit approval based on the proposal's ability to comply with public
agency and utility exception review criteria. The decision on the
exception may be appealed pursuant to the appeal procedures of the
underlying permit or approval.
1. Exception criteria.
Agenda Item 8. a. Unified Development Code
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a. There is no other practical alternative to the proposed development
with less impact on the critical areas;
b. The application of this chapter would unreasonably restrict the
ability to provide utility services to the public;
c. The proposal does not pose an unreasonable threat to the public
health, safety, or welfare on or off the development proposal site;
d. The proposal attempts to protect and mitigate impacts to the
critical area functions and values consistent with the best available
science; and
e. The proposal is consistent with other applicable regulations and
standards.
B. Exception request and review process. An application for a reasonable
use exception shall be made to the City and shall include a critical area
report. The Community Development Department shall prepare a
recommendation to the Hearing Examiner based on the proposal's ability
to comply with reasonable use exception criteria.
C. Hearing Examiner review. The Hearing Examiner shall review the
application and conduct a public hearing. The Hearing Examiner shall
approve, approve with conditions, or deny the request based on the
proposal's ability to comply with all of the reasonable use exception
review criteria.
D. Reasonable use review criteria.
1. The application of this chapter would deny all reasonable economic
use of the property;
2. No other reasonable economic use of the property has less impact on
the critical area;
3. The proposed impact to the critical area is the minimum necessary to
allow for reasonable economic use of the property;
4. The inability of the applicant to derive reasonable economic use of
the property is not the result of actions by the applicant after the
effective date of this chapter, or its predecessor;
5. The proposal does not pose an unreasonable threat to the public
health, safety, or welfare on or off the development proposal site;
6. The proposal will result in no net loss of critical area functions and
values consistent with the best available science; or
7. The proposal is consistent with other applicable regulations and
standards.
Agenda Item 8. a. Unified Development Code
Page 70 of 340
18.11.070 Modifications and variances
A. Modifications to the prescriptive standards for the protection of critical
areas may be authorized by the City. The Site Plan Review Committee
shall review the request and make a written finding that the request
meets or fails to meet the modification criteria as part of the underlying
permit approval.
B. Modification criteria. A modification may be granted only if the applicant
demonstrates that the requested modification includes the best available
science and gives special consideration to conservation or protection
measures necessary to preserve or enhance anadromous fish habitat.
C. Variances from the standards of this chapter may be authorized by the
City. The Hearing Examiner shall process the variance as provided in
Chapter 18.14 YMC.
D. Variance criteria. A variance may be granted only if the applicant
demonstrates that the requested action conforms to all of the criteria set
forth as follows:
1. Special conditions and circumstances exist that are peculiar to the
land, the lot, or something inherent in the land, and that are not
applicable to other lands in the same district;
2. The special conditions and circumstances do not result from the
actions of the applicant;
3. A literal interpretation of the provisions of this chapter would deprive
the applicant of all reasonable economic uses and privileges
permitted to other properties in the vicinity and zone of the subject
property under the terms of this chapter, and the variance requested
is the minimum necessary to provide the applicant with such rights;
4. Granting the variance requested will not confer on the applicant any
special privilege that is denied by this chapter to other lands,
structures, or buildings under similar circumstances;
5. The granting of the variance is consistent with the general purpose
and intent of this chapter, and will not further degrade the functions
or values of the associated critical areas or otherwise be materially
detrimental to the public welfare or injurious to the property or
improvements in the vicinity of the subject property;
6. The decision to grant the variance includes the best available science
and gives special consideration to conservation or protection
measures necessary to preserve or enhance anadromous fish habitat.
E. Conditions may be required. In granting any modification or variance,
the City may prescribe such conditions and safeguards as are necessary
Agenda Item 8. a. Unified Development Code
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to secure adequate protection of critical areas from adverse impacts, and
to ensure conformity with this chapter.
F. Time limit. A modification or variance shall be valid for the time period of
the underlying permit approval.
18.11.080 Variances to flood damage prevention
A. Generally, the only condition under which a variance from the elevation
standard may be issued is for new construction and substantial
improvements to be erected on a lot of one-half acre or less in size
contiguous to and surrounded by lots with existing structures constructed
below the base flood level, providing items listed in Section 18.11.070
(B) YMC have been fully considered. As the lot size increases the
technical justification required for issuing the variance increases.
B. Variances may be issued for the reconstruction, rehabilitation, or
restoration of structures listed on the National Register of Historic Places,
the State Inventory of Historic Places, or the Yelm Historic Register
without regard to the procedures set forth in this section.
C. Variances shall not be issued within a designated floodway if any
increase in flood levels during the base flood discharge would result.
D. Variances shall only be issued upon a determination that the variance is
the minimum necessary, considering the flood hazard, to afford relief.
E. Variances shall only be issued upon:
1. A showing of good and sufficient cause;
2. A determination that failure to grant the variance would result in
exceptional hardship to the applicant;
3. A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or
victimization of the public as identified in Section 18.11.090(B) YMC,
or conflict with existing local laws or ordinances.
F. Variances as interpreted in the National Flood Insurance Program are
based on the general zoning law principle that they pertain to a physical
piece of property; they are not personal in nature and do not pertain to
the structure, its inhabitants, economic or financial circumstances. They
primarily address small lots in densely populated residential
neighborhoods. As such, variances from the flood elevations should be
quite rare.
G. Variances may be issued for nonresidential buildings in very limited
circumstances to allow a lesser degree of flood proofing than watertight
or dry-flood proofing, where it can be determined that such action will
Agenda Item 8. a. Unified Development Code
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have low damage potential, complies with all other variance criteria
except as set out in subsection A of this section.
H. Any applicant to whom a variance is granted shall be given written notice
that the structure will be permitted to be built with a lowest floor
elevation below the base flood elevation and that the cost of flood
insurance will be commensurate with the increased risk resulting from
the reduced lowest floor elevation.
18.11.090 Flood damage prevention appeal
A. Determination.
The Hearing Examiner shall process an appeal as
provided in Chapter 18.14 YMC.
B. Criteria. The Hearing Examiner shall consider all technical evaluations, all
relevant factors, standards specified in other sections of this chapter
and:
1. The danger that materials may be swept onto other lands to the
injury of others;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
4. The importance of the services provided by the proposed facility to
the community;
5. The necessity
applicable;
to the
facility
of
a
waterfront
location,
where
6. The availability of alternative locations for the proposed use which are
not subject to flooding or erosion damage;
7. The compatibility of the proposed use with existing and anticipated
development;
8. The relationship of the proposed use to the Comprehensive Plan and
floodplain management program for that area;
9. The safety of access to the property in times of flood for ordinary and
emergency vehicles;
10. The expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwaters and the effects of wave action, if
applicable, expected at the site; and
11. The cost of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and water systems, and
streets and bridges.
Agenda Item 8. a. Unified Development Code
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D. Upon consideration of the criteria factors of this section and the purposes
of this chapter, the Hearing Examiner may attach such conditions to the
granting of variances as it deems necessary to further the purposes of
this chapter.
E. The Community Development Department shall maintain the records of
all appeal actions and report any variances to the Federal Insurance
Administration upon requests.
Agenda Item 8. a. Unified Development Code
Page 74 of 340
CHAPTER 18.12 - MINISTERIAL REVIEW
18.12.010 Ministerial review - generally
The purpose of the ministerial review process is to ensure that projects are
consistent with applicable development, construction, and design standards
of the Unified Development Code. Ministerial permits do not require public
notice or public review, and include:
•
Construction permits (building, mechanical, and plumbing)
•
Right-of-Way use permits
•
Certificate of appropriateness (Changes to Yelm Historic Register)
•
Civil plan reviews
•
Ministerial site plan reviews
•
Boundary line adjustments
•
Home occupation permits
•
Final subdivisions, final administrative subdivisions, final subdivision
alterations, and final binding site plans
•
Final short subdivisions
•
Sign permits
•
Street tree permit
18.12.020 Construction permits
A. When required. Construction permits are required pursuant to the
International Residential Code, International Building Code, International
Plumbing Code, International Mechanical Code, and Washington State
Energy Code, as adopted by Washington State and the City of Yelm.
B. Decision making authority. The Building Official or his/her designee shall
process construction permits as provided in Chapter 18.10 YMC.
C. Criteria for approval.
Construction plans shall be approved if they
comply with all applicable development, construction, and design
standards of the Unified Development Code.
D. Term. Construction permits are effective pursuant to the terms of the
International Codes, as adopted by Washington State and the City of
Yelm.
18.12.030 Right-of-Way use permits
A. When required. A right of way use permit is required prior to any
construction activities in the public right of way or for the placement of
any obstruction within the public right of way.
Agenda Item 8. a. Unified Development Code
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B. Decision making authority. The Public Works Director or his/her designee
shall process right of way use permits as provided in Chapter 18.10 YMC.
C. Criteria for approval. Right of way use permits shall be approved if they
comply with all applicable development, construction, and design
standards of the Unified Development Code and the Yelm Engineering
Specifications and Standard Details, and if they do not negatively impact
the public use of the public right of way.
D. Term. Right of way use permits are effective for six months, unless
otherwise specified in the approval.
18.12.040 Certificate of appropriateness Yelm Historic Register
A. When required. A certificate of appropriateness is required prior to the
commencement of any work, excluding ordinary repair and maintenance
or emergency measures, on a property that is listed on the Yelm Historic
Register, or within a historic district.
B. Decision making authority. The Yelm Historic Preservation Commission
shall issue a certificate of appropriateness.
C. Criteria for approval. The Yelm Historic Preservation Commission shall
review the proposed changes to affirm that the changes do not adversely
affect the historic characteristics of the property which contribute to its
designation.
D. Term. The certificate of appropriateness is in effect until the property
changes or is removed from the Yelm Historic Register.
18.12.050 Civil plan review
A. When required. When improvements are proposed that are subject to
the development standards of the Unified Development Code.
B. Decision making authority.
The Public Works Director or his/her
designee shall process civil plans as provided in Chapter 18.10 YMC.
C. Criteria for approval. Civil plans shall be approved if the proposal
complies with all applicable development, construction, and design
standards of the Unified Development Code and all construction details
adopted by the City of Yelm.
D. Term. Approval of civil plans shall be effective for 12 months from the
date of approval, unless construction has begun and all other required
permits have been issued, in which case civil plans are effective until the
expiration of all other permits, or upon project completion, whichever is
first.
18.12.060 Ministerial site plan review
A. When required. Ministerial site plan review approval is required prior to:
Agenda Item 8. a. Unified Development Code
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1. The use of an existing building or previously approved site for a use
that is not similar to the previous use considering the impacts of the
two uses, the Standard Industrial Code Classification Manual divisions
and major groups, and the intent of the zoning district in which the
property is located.
2. The construction of any new residential building containing between 2
and nine dwelling units.
3. The addition of a tenant within a space previously permitted for a
single business.
4. The expansion of a commercial, industrial, institutional, or public
building that is 25 percent or less of the building footprint at the time
it was originally permitted.
5. Co-location or limited
communication facility.
modification
of
an
existing
wireless
B. Decision making authority.
The Site Plan Review Committee shall
process ministerial site plan review applications as provided in Chapter
18.10 YMC.
C. Criteria for approval. A ministerial site plan review shall be approved if
the proposal complies with all applicable development, construction, and
design standards of the Unified Development Code.
D. Term. Approval of a ministerial site plan review shall be effective for 18
months from the date of approval, unless construction has begun or civil
plans have been approved, in which case the permit is effective until the
expiration of civil plan approval or upon project completion, whichever is
first.
18.12.070 Boundary line adjustment
A. When required. A boundary line adjustment is required to alter the
boundary line between platted or unplatted lots, or both.
B. Decision making authority. The Community Development Director or
his/her designee shall process boundary line adjustments as provided in
Chapter 18.10 YMC.
C. Criteria for approval. A boundary line adjustment shall be approved if
the resulting lots conform to all applicable development and design
standards of the Unified Development Code and when there will be no
adverse impact to access or easements.
D. Term. A boundary line adjustment is effective upon recording at the
Thurston County Auditor’s Office.
Agenda Item 8. a. Unified Development Code
Page 77 of 340
18.12.080 Home occupation
A. When required. A home occupation approval is required whenever a
residential dwelling unit is utilized for any use which requires a state or
City business license.
B. Decision making authority. The Community Development Director or
his/her designee shall process home occupation permits as provided in
Chapter 18.10 YMC.
C. Criteria for approval. A home occupation shall be approved if the
proposal complies with all applicable development, construction, and
design standards of the Unified Development Code.
D. Term. A home occupation approval is effective upon approval. A home
occupation permit may be revoked upon determination that there has
been a violation of any conditions of approval or standards of the Unified
Development Code.
18.12.090 Final
subdivisions,
administrative
subdivisions,
subdivision alterations, and binding site plans
A. When required. To create commercial or industrial building pads, to
complete a subdivision alteration, or to create 10 or more lots in Yelm.
B. Decision making authority.
The City Council shall process final
subdivisions, administrative subdivisions, subdivision alterations, and
binding site plans as provided in Chapter 18.10 YMC.
C. Criteria for approval. A final subdivision, administrative subdivision,
subdivision alteration, or binding site plan shall be approved if all
conditions of the preliminary approval have been met and all required
improvements have been constructed and approved.
D. Term.
A final subdivision, administrative subdivision, subdivision
alteration, or binding site plan is effective upon recording with the
Thurston County Auditor’s Office. A subdivision shall be governed by the
terms of approval of the final plat, and the statutes, ordinances and
regulations in effect at the time of approval under Section 58.17.150(1)
and (3) RCW for a period of five years after final plat approval unless the
legislative body finds that a change in conditions creates a serious threat
to the public health or safety in the subdivision. Approved lots in a
residential subdivision shall be a valid land use notwithstanding any
change in zoning for a period of five years from the effective date of the
final decision approving the subdivision.
18.12.100 Final short subdivisions
A. When required. To create up to nine lots in the City of Yelm.
Agenda Item 8. a. Unified Development Code
Page 78 of 340
B. Decision making authority. The Community Development Director or
his/her designee shall process final short subdivisions as provided in
Chapter 18.10 YMC.
C. Criteria for approval. A final short subdivision shall be approved if all
conditions of the preliminary approval have been met and all required
improvements have been constructed and approved.
D. Term. A final short subdivision is effective upon recording with the
Thurston County Auditor’s Office.
18.12.110 Signs
A. When required. Sign permits are required for the placement of any sign
or banner not exempt from permit requirements pursuant to the Unified
Development Code.
B. Decision making authority. The Building Official or his/her designee shall
process sign permits as provided in Chapter 18.10 YMC.
C. Criteria for approval. Sign permits shall be approved if they comply with
all applicable development, construction, and design standards of the
Unified Development Code.
D. Term.
Sign permits are effective pursuant to the terms of the
International Codes, as adopted by Washington State and the City of
Yelm.
18.12.120 Street tree permit
A. When Required. Street tree permits are required prior to any planting,
removal, topping and/or major pruning of any street tree.
B. Decision making authority. The Community Development Director or
his/her designee shall process street tree permits as provided in Chapter
18.10 YMC.
C. Criteria for approval. Street tree permits shall be approved if the
proposal complies with the standard forth this document, and the current
American Standard for Nursery Stock Guide.
D. Term. Street tree permits are effective for six months, unless the permit
is associated with another development permit, then the restrictions and
deadlines of that approval shall apply.
Agenda Item 8. a. Unified Development Code
Page 79 of 340
CHAPTER 18.13 – ADMINISTRATIVE REVIEW
18.13.010 Administrative review - generally
The purpose of the administrative review process is to ensure that projects
are consistent with applicable development, construction, and design
standards of the Unified Development Code and that all impacts attributable
to a development are fully mitigated to ensure the use is compatible with the
surrounding neighborhood. Administrative permits are discretionary and
require public notice and comment periods, but do not require a public
hearing. Administrative permits include:
•
Administrative site plan review
•
Short subdivision
•
Administrative subdivision
•
Subdivision alterations and amendments
•
Administrative variance
18.13.020 Administrative site plan review
A. When required. Administrative site plan review approval is required prior
to:
1. The use of property for new commercial, industrial, institutional, or
public purposes.
2. The construction of any new commercial, industrial, institutional, or
public building.
3. The construction of any new residential building with 10 or more
dwelling units.
4. Manufactured housing community.
5. The expansion of a commercial, industrial, institutional, or public
building which is greater than 25 percent of the building footprint at
the time it was originally permitted.
6. The use of property for freestanding wireless communication facilities
listed as a permitted use.
B. Decision making authority. The Site Plan Review Committee shall process
administrative site plan review permits as provided in Chapter 18.10
YMC.
C. Criteria for approval.
An administrative site plan review shall be
approved if the proposal complies with all applicable development,
construction, and design standards of the Unified Development Code and
the Site Plan Review Committee finds that any impacts to neighboring
Agenda Item 8. a. Unified Development Code
Page 80 of 340
properties and the transportation system are mitigated, and the proposal
is consistent with the goals and policies of the Yelm Comprehensive Plan.
D. Term. Approval of an administrative site plan review shall be effective
for 18 months from the date of approval, unless construction has begun
or civil plans have been approved, in which case the permit is effective
until the expiration of civil plan approval or upon project completion,
whichever is first.
18.13.030 Short subdivision
A. When required. A short subdivision is required for the division of land
into nine or fewer parcels for the purpose of sale, lease, or transfer of
ownership.
B. Decision making authority. The Community Development Director or
his/her designee shall process short subdivisions as provided in Chapter
18.10 YMC.
C. Criteria for approval. A short subdivision shall be approved if:
1. Appropriate provisions are made for the public health, safety and
general welfare and for such open spaces, drainage ways, streets or
roads, alleys, other public ways, transit stops, potable water supplies,
sanitary wastes, parks and recreation, playgrounds, schools and
school grounds, sidewalks, and other features assuring safe walking
conditions for students who only walk to and from school;
2. The public use and interest will be served by the platting of such
subdivision and any dedication;
3. The proposed subdivision is in conformity with applicable zoning and
other development regulations;
4. Public facilities impacted by the proposed subdivision will be adequate
and available to serve the subdivision concurrently with the
development or a plan to finance needed public facilities in time to
assure retention of an adequate level of service;
5. The project is within an approved sewer service area with capacity to
serve all lots within the subdivision.
D. Term. Approval of a short subdivision shall be for five years from the
date of approval.
18.13.040 Administrative subdivision
A. When required. An administrative subdivision is required for the division
of land into between 10 and 24 lots, for the purpose of sale, lease, or
transfer of ownership, unless a public hearing is requested pursuant to
Section 58.17.095 (1) RCW.
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B. Decision making authority.
The Site Plan Review Committee shall
process administrative subdivisions as provided in Chapter 18.10 YMC.
C. Criteria for approval. An administrative subdivision shall be approved if:
1. Appropriate provisions are made for the public health, safety and
general welfare and for such open spaces, drainage ways, streets or
roads, alleys, other public ways, transit stops, potable water supplies,
sanitary wastes, parks and recreation, playgrounds, schools and
school grounds, sidewalks and other features assuring safe walking
conditions for students who only walk to and from school;
2. The public use and interest will be served by the platting of such
subdivision and any dedication;
3. The proposed subdivision is in conformity with applicable zoning and
other development regulations;
4. Public facilities impacted by the proposed subdivision will be adequate
and available to serve the subdivision concurrently with the
development or a plan to finance needed public facilities in time to
assure retention of an adequate level of service;
5. The project is within an approved sewer service area with capacity to
serve all lots within the subdivision.
D. Term. Approval of an administrative subdivision shall be for five years
from the date of approval.
18.13.050 Subdivision alterations and amendments
A. When required. A subdivision alteration or amendment is required when
any changes or alterations are requested to an approved subdivision.
B. Decision making authority. The Site Plan Review Committee shall process
administrative subdivisions as provided in Chapter 18.10 YMC unless a
public hearing is requested pursuant to Section 58.17.215 RCW.
C. Criteria for approval. A subdivision alteration or modification shall be
approved if the proposed alteration is in conformity with applicable
zoning and other development regulations, and the Site Plan Review
Committee finds that any impacts to neighboring properties and the
transportation system are mitigated, and the proposal is consistent with
the goals and policies of the Yelm Comprehensive Plan;
D. Term. Approval of an alteration or amendment shall be for five years
from the date of approval, unless construction has begun and all other
required permits have issued, in which case the permit is effective until
the expiration of all other permits or upon project completion, whichever
is first.
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18.13.060 Administrative variance
A. When required. An administrative variance is required when the
requested front, side, or rear yard setback is greater than 85 percent of
the required setback.
B. Decision making authority. The Site Plan Review Committee shall process
all administrative variances as provided in Chapter 18.10 YMC.
C. Criteria for approval. An administrative variance shall be approved if:
1. Literal interpretation and application of provisions of this code would
deprive the applicant of the rights commonly enjoyed by other
properties in the same district;
2. A variance is necessary for the preservation and enjoyment of a
property right possessed by other property in the same vicinity or
district, but which is denied to the property in question because of
special circumstances on that property;
3. That the hardship described under this subsection is specifically
related to the property and is the result of unique conditions such as
irregular lot shape, size, or natural features, and the application of
this code, and not, for example, from deed restrictions or the
applicant’s own actions;
4. The granting of the variance will not be materially detrimental to the
public welfare or injurious to the right of other property owners in the
vicinity; and
5. The variance will not permit a use prohibited by the Unified
Development Code, in the district in which the subject property is
located.
D. Term. Approval of an administrative variance shall be effective for 18
months from the date of approval, unless construction has begun and all
other required permits have issued, in which case the permit is effective
until the expiration of all other permits or upon project completion,
whichever is first.
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CHAPTER 18.14 - QUASI-JUDICIAL REVIEW
18.14.010 Quasi-judicial review - generally
The purpose of the quasi-judicial review process is to ensure that projects
are consistent with applicable development, construction, and design
standards of the Unified Development Code and that all impacts attributable
to a development are fully mitigated to ensure the use is compatible with the
surrounding neighborhood. Quasi-judicial permits are discretionary and
require public notice, public comment periods, and public hearings. Quasijudicial permits include:
•
Preliminary subdivisions
•
Special uses
•
Binding site plans
•
Planned residential developments
•
Mixed use developments
•
Variances
•
Critical area exception
18.14.020 Public hearings
A. Public hearing required. A public hearing shall be held by the Hearing
Examiner prior to rendering a decision or making a recommendation on
quasi-judicial reviews.
B. Notice of public hearing. Not less than 10 days prior to the date of the
public hearing, notice shall be given by:
1. First class mail to all persons entitled to receive the notice of
application;
2. Publication in the official newspaper of the City; and
3. Posting notice on the property.
4.
For an adult entertainment buffering variance, in addition to the
noticing requirements above, the notice shall also be sent by first
class mailing to all parties within the 660 foot buffering distance.
C. Contents of hearing notice. All notices of public hearing shall include:
1. A description of the location of the proposed action including a
vicinity location sketch or a written description other than a legal
description.
2. The date, time, and location of the public hearing.
3. A mailing and electronic mail address for submission of written
comments prior to the hearing.
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D. Special Considerations.
1. Vacations of rights-of-way. Notice of public hearing for the vacations
of streets and alleys shall be given as follows:
a. Upon passage of resolution by City Council, not less than 20 days
notice shall be posted in three of the most public places in the City,
and a like notice in a conspicuous place on the street or alley to be
vacated.
b. The notice shall contain a statement that a petition has been filed,
and the date and location of the hearing. If the resolution was not
initiated by petition of owners abutting the street, they shall be
notified by mail as required by Section 35.79.020 RCW.
18.14.030 Report by Community Development Department
The Community Development Department shall coordinate and assemble the
comments and recommendations of other City departments, governmental
agencies and other interested parties and shall prepare a report
summarizing the factors involved and the department’s findings and
recommendations.
18.14.040 Hearing Examiner or City
recommendation – findings required
Council’s
decision
and
A. The Hearing Examiner or City Council shall render a written decision
which shall include findings of fact based upon the record created at the
public hearing that support conclusions of law.
B. A copy of such decision, including findings and conclusions, shall be
transmitted by electronic mail or first class mail, to the applicant and
other parties of record in the case who requested notice of the decision.
18.14.050 Preliminary subdivisions
A. When required. A preliminary subdivision is required for the division of
land into 25 or more lots for the purpose of sale, lease, or transfer of
ownership, OR for the division of land into 10 or more lots when a public
hearing on an administrative subdivision is requested pursuant to Section
58.17.095 (1) RCW.
B. Decision making authority.
The Hearing Examiner shall process
preliminary subdivisions as provided in Chapter 18.10 YMC.
C. Criteria for approval. A preliminary subdivision shall be approved if:
1. Appropriate provisions are made for the public health, safety and
general welfare and for such open spaces, drainage ways, streets or
roads, alleys, other public ways, transit stops, potable water supplies,
sanitary wastes, parks and recreation, playgrounds, schools and
school grounds, sidewalks and other features assuring safe walking
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conditions for students who only walk to and from school;
2. The public use and interest will be served by the platting of such
subdivision and any dedication;
3. The proposed subdivision is in conformity with applicable zoning and
other development regulations;
4. Public facilities impacted by the proposed subdivision will be adequate
and available to serve the subdivision concurrently with the
development or a plan to finance needed public facilities in time to
assure retention of an adequate level of service;
5. The project is within an approved sewer service area with capacity to
serve all lots within the subdivision.
D. Term. Approval of a preliminary subdivision shall be for five years from
the date of approval.
18.14.060 Special use
A. When required. A special use permit is required for any use identified as
a special use in the zoning district in which it is located.
B. Decision making authority. The Hearing Examiner shall process special
use permits as provided in Chapter 18.10 YMC.
C. Criteria for approval. A special use shall be approved if:
1. The proposed use will not be contrary to the intent or purposes and
regulations of the Unified Development Code or the Yelm
Comprehensive Plan;
2. The proposal is appropriate in design, character and appearance with
the goals and policies of the Yelm Comprehensive Plan;
3. The proposed use will not cause significant adverse impacts on the
human or natural environments that cannot be mitigated by
conditions of approval;
4. The proposal will be served by adequate facilities including access,
fire protection, water, stormwater control, and sewage disposal
facilities;
5. The location, size, and height of buildings, structures, walls and
fences, and screening vegetation associated with the proposed use
shall not unreasonably interfere with allowable development or use of
neighboring properties;
6. The pedestrian and vehicular traffic associated with the special use
will not be hazardous to existing and anticipated traffic in the
neighborhood;
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D. Term. Approval of a special use permit shall be effective for 18 months
from the date of approval, unless construction has begun or civil plans
have been approved, in which case the permit is effective until the
expiration of civil plan approval or upon project completion, whichever is
first.
18.14.070 Binding site plans
A. When required. A binding site plan is required for the division of land into
commercial or industrial pads.
B. Decision making authority. The Hearing Examiner shall process binding
site plans as provided in Chapter 18.10 YMC.
C. Criteria for approval. A binding site plan shall be approved if:
1. Appropriate provisions are made for the public health, safety and
general welfare and for such open spaces, drainage ways, streets or
roads, alleys, other public ways, transit stops, potable water supplies,
sanitary wastes, parks and recreation, playgrounds, schools and
school grounds, sidewalks and other features assuring safe walking
conditions for students who only walk to and from school;
2. The public use and interest will be served by the binding site plan and
any dedication;
3. The proposed binding site plan is in conformity with applicable zoning
and other development regulations;
4. Public facilities impacted by the proposed binding site plan will be
adequate and available to serve the subdivision concurrently with the
development or a plan to finance needed public facilities in time to
assure retention of an adequate level of service;
5. The project is within an approved sewer service area with capacity to
serve all pads in the binding site plan.
6. If building pads contain property outside the exterior walls of the
buildings, all standards of the Unified Development Code relating to
property lines have been met.
D. Term. Approval of a binding site plan shall be for five years from the
date of approval.
18.14.080 Planned residential development
A. When required. A planned residential development overlay is required to
vary from the development regulations of the zoning district in which it is
located.
B. Decision making authority. The Hearing Examiner shall process planned
residential developments as provided in Chapter 18.10 YMC.
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C. Criteria for approval.
approved if:
A planned residential development shall be
1. It is consistent with the goals and policies of the City of Yelm
Comprehensive Plan;
2. It meets minimum requirements for fire and life safety;
3. It provides adequate provisions for utilities and other public services,
roads, streets and sidewalks necessary to serve the needs of the
development;
4. There are no
neighborhoods;
unavoidable
impacts
to
adjoining
streets
and
5. The development creates no greater burden on present and public
utilities and services than would result from traditional development.
6. The development is better than that resulting from traditional
development.
D. Term. Approval of a planned residential development shall be for 18
months from the date of approval unless application for final or partial
final has been filed.
18.14.090 Mixed use development
A. When required. A mixed use development overlay allows for a mix of
residential and commercial uses indentified in the zoning district in which
it is located.
B. Decision making authority. The Hearing Examiner shall process mixed
use developments as provided in Chapter 18.10 YMC.
C. Criteria for approval. A mixed use development shall be approved if:
1. It preserves or creates environmental amenities superior to those
generally found in conventional development;
2. It preserves or creates usable opens space for the enjoyment of the
occupants;
3. it preserves to the greatest possible extent the natural characteristics
of the land, including topography natural vegetation waterways,
views, etc;
4. Encourages development of a variety of housing types;
5. Provides for maximum efficiency in the layout of streets, utility
networks and other public improvements;
6. The development will be served by adequate facilities including
access, fire protection, water, stormwater control, and sewage
disposal facilities;
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7. The pedestrian and vehicular traffic associated with the development
will not be hazardous to existing and anticipated traffic in the
neighborhood; and
8. The proposal is consistent in design, character and appearance with
the goals and policies of the Yelm Comprehensive Plan.
D. Term. Approval of a mixed use development shall be for 18 months from
the date of approval unless application for final or partial final has been
filed.
18.14.100 Variances
A. When required. A variance is required to waive the design standards of
the Unified Development Code, except where the waiver is an
administrative variance.
B. Decision making authority. The Hearing Examiner shall process all
variances as provided in Chapter 18.10 YMC.
C. Criteria for approval. A variance shall be approved if:
1. Literal interpretation and application of provisions of this code would
deprive the applicant of the rights commonly enjoyed by other
properties in the same district;
2. A variance is necessary for the preservation and enjoyment of a
property right possessed by other properties in the same vicinity or
district, but which is denied to the property in question because of
special circumstances on that property;
3. That the hardship described under this subsection is specifically
related to the property and is the result of unique conditions such as
irregular lot shape, size, or natural features, and the application of
this code, and not, for example, from deed restrictions or the
applicant’s own actions;
4. The granting of the variance will not be materially detrimental to the
public welfare or injurious to the right of other property owners in the
vicinity; and
5. The variance will not permit a use prohibited by the Unified
Development Code in the district in which the subject property is
located.
6. For adult entertainment businesses, a variance from buffering
requirements may be granted if the following criteria are met:
a. The extent to which the physical features would result in an
effective separation in terms of visibility and access;
b. Compatibility with adjacent and surrounding land uses;
Agenda Item 8. a. Unified Development Code
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c. Ability to avoid the adult entertainment business by alternative
vehicular and pedestrian routes.
D. Term. Approval of a variance shall be effective for 18 months from the
date of approval, unless construction has begun and all other required
permits have issued, in which case the permit is effective until the
expiration of all other permits or upon project completion, whichever is
first.
18.14.110 Critical area exception
A. When required. A critical area exception is required to waive the
standards of the Critical Areas Code.
B. Decision making authority. The Hearing Examiner shall process all critical
area exceptions as provided in Chapter 18.10 YMC.
C. Criteria for approval. An exception shall be approved if:
1. The strict application of the critical areas code would deny all
reasonable economic use of the subject property;
2. The exception request meets the exception and reasonable use
criteria as listed in Section 18.11.060.
D. Term. Approval of a critical area exception shall be effective for the
approval term of the underlying project.
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CHAPTER 18.15 – LEGISLATIVE REVIEW
18.15.010 Legislative review – generally
The purpose of the legislative review process is to ensure that the creating
of new policies or codes that have broad public impact are made by the City
Council after public input and a careful review process. Legislative review
projects require public notice and a public hearing, and include:
•
Amendment of Unified Development Code
•
Conceptual master plan development
•
Final master plan development
•
Historic register listing or removal
18.15.020 Public hearings
A. Public hearing required. A public hearing shall be held by the Planning
Commission, Historic Preservation Commission, or Hearing Examiner
prior to making a recommendation to the City Council on Quasi-judicial
reviews.
B. Notice of public hearing. Not less than 10 days prior to the date of the
public hearing, notice shall be given by:
1. First class mail to all persons entitled to receive the notice of
application.
2. Publication in the official newspaper of the City.
3. Posting the property.
C. Contents of hearing notice. All notices of public hearing shall include:
1. A description of the proposed amendment.
2. The date, time, and location of the public hearing.
3. A mailing and electronic mail address for submission of written
comments prior to the hearing.
18.15.030 Amendment of Unified Development Code
A. When required. When one or more owners of property file an application
with the City to amend the Unified Development Code, when the City
Council adopts a motion requesting the Planning Commission consider an
amendment to the Unified Development Code, or when the Planning
Commission or Hearing Examiner recommends the City Council consider
an amendment to the Unified Development Code.
B. Decision making authority. The City Council acts on amending the Unified
Development Code by ordinance, after receiving a recommendation from
the Planning Commission or Hearing Examiner.
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C. Criteria for approval. Amendments to the Unified Development Code
may be approved so long as the City Council finds that the amendment is
consistent with the goals and policies of the Comprehensive Plan,
furthers the implementation of the Comprehensive Plan, and is in the
public use and interest.
D. Term. Amendments to the Unified Development Code take effect five
days after publication of the ordinance or a summary of the ordinance
adopting the amendment.
18.15.040 Conceptual master planned development
A. When required. A conceptual master planned development approval is
required when a property owner or applicant wishes to establish general
land use policies to guide detailed planning for and development of
property identified as a master planned community by the official zoning
map for the City of Yelm.
B. Decision making authority. The City Council acts on a conceptual master
planned development application, after receiving a recommendation from
the Hearing Examiner.
C. Criteria for approval. A conceptual master planned development may be
approved so long as the City Council finds that the conceptual plan is
consistent with the goals and polices of the Comprehensive Plan, furthers
the implementation of the Comprehensive Plan, and is in the public use
and interest.
D. Term. A conceptual master planned development approval is effective for
10 years after approval by the City Council, provided that if the approval
shall be extended 10 years from the date of approval of every final
master planned development within the master planned development.
Upon approval by the City Council of a conceptual master planned
development, the official zoning map shall be updated to include the
proposed use districts, transportation routes, and case file number of the
conceptual approval.
18.15.050 Final master planned development
A. When required. A final master planned development approval is required
when a property owner or applicant wishes to establish specific
development standards within all or a portion of a conceptual master
planned community.
B. Decision making authority. The City Council acts on a final master
planned development application, after receiving a recommendation from
the Hearing Examiner.
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C. Criteria for approval. A final master planned development may be
approved when the City Council finds that the final master plan is
consistent with the conceptual master planned development approval
and complies with the goals and policies of the Yelm Comprehensive
Plan, and the provisions of the Unified Development Code.
D. Term. A final master planned development approval is effective for five
years after approval by the City Council, provided that if the approval
shall be extended three years from the date of approval of every project
approval within the final master planned development.
18.15.060 Yelm Historic Register listing
A. When required. Approval for inclusion to the Yelm Historic Register is
required when there is a nomination from the Historic Preservation
Commission to place a property, building, or site on the Yelm Register of
Historic Places.
B. Decision making authority. The City Council acts on a Yelm Historic
Register nomination after receiving a recommendation from the Historic
Preservation Commission.
C. Criteria for approval. Any building, structure, site, object or district may
be designated for inclusion in the Yelm Historic Register if it is
significantly associated with the history, architecture, archaeology,
engineering, or cultural heritage of the community; if it has integrity; is
at least 50 years old, or is of lesser age and has exceptional importance;
and if it falls in at least one of the following categories
1. Is associated with events that have made a significant contribution to
the broad patterns of national, state or local history;
2. Helps in the understanding of the history of the local area, state, or
nation (whichever is applicable) by illuminating the local, statewide,
or nationwide impact of the events or persons associated with the
property, or its architectural type or style in information potential;
3. Embodies the distinctive architectural characteristics of a type,
period, style, or method of design or construction, or represents a
significant and distinguishable entity whose components may lack
individual distinction;
4. Is an outstanding work of a designer, builder or architect who has
made a substantial contribution to the art;
5. Exemplifies or reflects special elements of the City’s cultural, special,
economic, political, aesthetic, engineering or architectural history;
6. Is associated with the lives of persons significant in national, state or
local history;
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7. Has yielded or may be likely to yield important archaeological
information related to history or prehistory;
8. Is a building or structure removed from its original location but which
is significant primarily for architectural value, or which is the
structure significantly associated with an historic person or event;
9. Is a birthplace or grave of an historical figure of outstanding
importance;
10. Is a cemetery which derives its primary significance from age, from
distinctive design features, or from association with historic events,
or cultural patterns;
11. Is a reconstructed building that has been executed in an historically
accurate manner on the original site; and
12. Is a creative and unique example of folk architecture and design
created by persons not formally trained in the architectural or design
professions, and which does not fit into formal architectural or
historical categories.
D. Term. The listing on the Yelm Historical Register remains indefinitely
unless the property is no longer deemed appropriate for designation to
the register, or when a Waiver of Certificate of Appropriateness is issued
for the demolition of property on the register.
18.15.070 Removal from Yelm Historic Register
A. When required. Approval is required to remove a property from the Yelm
Historic Register.
B. Decision making authority. The City Council acts on the removal of a
property from the Yelm Historic Register after receiving a
recommendation from the Historic Preservation Commission.
C. Criteria for approval.
The Historic Preservation Commission must
determine that the property is no longer appropriate for designation to
the register based on the following criteria.
1. When there is no alternative to demolition of property;
2. When the property becomes a hazard to public safety; or
3. When the listing of the property becomes a financial burden to the
property owner.
D. Term. The removal of designation from the register is permanent, unless
other historic relevance of the site is found, and requested to be listed
again.
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CHAPTER 18.16 – CONCURRENCY MANAGEMENT
18.16.010 Intent of concurrency management
The intent of concurrency management is to implement the concurrency
provisions of the Comprehensive Plan and to implement the provisions for
determining adequate facilities found in the Growth Management Act,
Section 36.70A.070 RCW and Sections 365-195-510 and 365-195-835 WAC,
the State Subdivision Act, Chapter 58.17 RCW, and the State Building Code,
Chapter 19.27 RCW.
The concept of concurrency is based on the maintenance of specified levels
of service through capacity monitoring, allocation and reservation
procedures. Concurrency describes the situation in which water, sewer
and/or transportation facilities are available when the impacts of
development occur. For transportation facilities, this time period is
established by statue as within six years from the time of development.
No approval shall be issued except in accordance with this chapter. If a
project requires more than one approval or permit, a separate concurrency
determination will be made for every approval or permit, as required by this
chapter.
18.16.020 Exemptions
No development activity shall be exempt from the requirements of this
chapter unless specifically listed below. The following types of approvals and
permits are exempt provided they do not create additional long-term
impacts on transportation facilities or sewer capacity in the City’s
wastewater treatment plant, or water capacity in the City’s water system:
•
Administrative interpretations;
•
Sign permits;
•
Street vacations;
•
Demolition permits;
•
Right-of-way use permits;
•
Interior alterations with no change of use;
•
Clearing and grading permits;
•
Plumbing permits;
•
Electrical permits;
•
Mechanical permits;
•
Driveway or street access permit;
•
Tenant improvement permits in previously occupied spaces;
Agenda Item 8. a. Unified Development Code
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•
Fire sprinkler permits;
•
Temporary use permits;
•
Special event permits;
•
Home occupations;
•
Boundary line adjustments;
•
Critical areas permits;
•
Variances.
Notwithstanding the above, if any of the above approvals or permits will
generate any new peak P.M. trips, require additional sewer capacity, or
increase water consumption, such approval or permit shall not be exempt
from the requirements of this chapter.
18.16.030 Level of service standards
Level of service (LOS) is the established minimum capacity of public facilities
or services that must be provided per unit of demand or other appropriate
measure of need, as mandated by Chapter 36.70A RCW. LOS standards shall
be used to determine if public facilities or services are adequate to support a
development’s impact at the time the impact occurs.
A. Transportation.
The City has designated levels of service for road
facilities in the Comprehensive Plan, as follows:
1. In all residential zones, LOS C.
2. In all commercial and light industrial zones, LOS D.
3. In the urban core between 4th Street and Solberg Street, LOS F is
recognized as a level of service where mitigation to create traffic
diversions, bypasses, and alternate routes and modes of
transportation are authorized and being planned, funded, and
implemented, and can result in improved LOS.
Level of service is calculated using the methodology found in the
Highway Capacity Manual for
signalized and unsignalized
intersections using the average delay of all legs. The Site Plan
Review Committee shall identify concurrency intersections annually.
B. Water. The ability to provide potable water to the consumer for use and
fire protection in accordance with adopted health and environmental
regulations.
C. Sewer. The ability to treat and discharge wastewater in accordance with
adopted health and environmental regulations.
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The Community Development Department shall use the adopted LOS
standards to make concurrency evaluations as part of the review of any
development.
18.16.040 Procedures for concurrency evaluations
A. Ministerial, Administrative, and Quasi-judicial review projects.
1. Prior to issuance of any ministerial, administrative, or quasi-judicial
approval, the decision maker shall conduct a concurrency evaluation.
2. If the decision maker finds concurrency based on the concurrency
evaluation, the issuance of the underlying permit or approval
constitutes the finding.
3. If the decision maker finds that the proposal will have an impact on a
public facility that causes a level of service failure that cannot be
mitigated, or that potable water is not available pursuant to Section
19.27.097 RCW, the permit or approval will be denied.
4. A finding of concurrency for a ministerial, administrative, or quasijudicial permit or approval may be appealed only as part of an appeal
of the underlying permit or approval.
B. Legislative review projects.
1. Prior to approval of any legislative review project, the decision maker
shall conduct a concurrency evaluation.
2. If the decision maker finds concurrency based on the concurrency
evaluation, that finding shall be documented in the written decision.
3. If the decision maker finds that the proposal will have an impact on a
public facility that causes a level of service failure that cannot be
mitigated, the legislative review project will be denied.
4. There is no City appeal of a concurrency determination for legislative
review projects.
18.16.050 Criteria for issuing a finding of concurrency
A. Ministerial reviews.
1. Construction Permits.
a. Transportation.
Frontage improvements have been or will be
constructed prior to building occupancy and all improvements
identified as necessary to issue a finding of concurrency on the
underlying development approval have been made or are fully
funded six years from the date of the approval of the underlying
development approval.
b. Water.
The status of the City’s water system annual operating
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permit with the Washington Department of Health allows new
water system connections.
c. Sewer. The City’s sewer system is operating within the conditions
and parameters of the City’s National Pollution Discharge
Elimination Permit and has capacity to serve the proposal.
2. All other ministerial reviews.
a. Transportation.
Frontage improvements have been or will be
constructed prior to building occupancy and all improvements
identified as necessary to issue a finding of concurrency on the
underlying development approval have been made or are fully
funded six years from the date of the approval of the underlying
development approval.
b. Water. The status of the City’s water system annual operating
permit with the Washington Department of Health allows new
water system connections or is anticipated to allow new
connections at the time a construction permit will be issued.
c. Sewer. The City’s sewer system is operating within the conditions
and parameters of the City’s National Pollution Discharge
Elimination Permit and has capacity to serve the proposal or is
anticipated to be available to serve at the time a construction
permit will be issued.
B. Administrative reviews.
1. Administrative site plan review.
a. Transportation. The level of service at concurrency intersections
will not drop below accepted levels of service due to new trips
associated with the proposed development unless the planned
improvements
identified
in
the
six
year
transportation
improvement program would maintain levels of service.
b. Water. The infrastructure required to serve the proposed use is in
place or will be constructed as a condition of the site plan review
approval and it is reasonably anticipated that sufficient water rights
to serve the proposed use will be in place at the time of impact to
the system (construction permit issuance).
c. Sewer. The infrastructure required to serve the proposed use is in
place or will be constructed as a condition of the site plan review
approval and it is reasonably anticipated that sufficient treatment
plant capacity to serve the proposed use will be in place at the
time of impact to the system (construction permit issuance).
2. Preliminary short subdivisions and administrative subdivisions.
Agenda Item 8. a. Unified Development Code
Page 98 of 340
a. Transportation. The level of service at concurrency intersections
will not drop below accepted levels of service due to new trips
associated with the proposed land division unless the planned
improvements
identified
in
the
six
year
transportation
improvement program would maintain levels of service.
b. Water. At the time of preliminary approval, the planned
infrastructure identified in the six year improvement program and
water rights acquisition program of the water system plan are
sufficient to provide for the proposed land division.
c. Sewer. At the time of preliminary approval, the planned
infrastructure identified in the six year improvement program of
the sewer system plan are sufficient to provide for the proposed
land division and it is reasonably anticipated that the treatment
plant has sufficient capacity to provide for the proposed land
division.
3. All other administrative reviews.
a. Transportation. The level of service at concurrency
will not drop below accepted levels of service due
associated with the proposed development unless
improvements identified in six year transportation
program would maintain levels of service.
intersections
to new trips
the planned
improvement
b. Water. The infrastructure required to serve the proposed use is in
place or will be constructed as a condition of the site plan review
approval and it is reasonably anticipated that sufficient water rights
to serve the proposed use will be in place at the time of impact to
the system (construction permit issuance).
c. Sewer. The infrastructure required to serve the proposed use is in
place or will be constructed as a condition of the site plan review
approval and it is reasonably anticipated that sufficient treatment
plant capacity to serve the proposed use will be in place at the
time of impact to the system (construction permit issuance).
C. Quasi-judicial reviews.
1. Preliminary subdivisions, binding site plans, mixed use developments,
and planned residential developments.
a. Transportation. The level of service at concurrency
will not drop below accepted levels of service due
associated with the proposed land division unless
improvements identified in six year transportation
program would maintain levels of service.
intersections
to new trips
the planned
improvement
b. Water.
the
At
the
time
of
preliminary
approval,
planned
Agenda Item 8. a. Unified Development Code
Page 99 of 340
infrastructure identified in the six year improvement program and
water rights acquisition program of the water system plan are
sufficient to provide for the proposed land division.
c. Sewer. At the time of preliminary approval, the planned
infrastructure identified in the six year improvement program of
the sewer system plan are sufficient to provide for the proposed
land division and it is reasonably anticipated that the treatment
plant has sufficient capacity to provide for the proposed land
division.
2. Special uses.
a. Transportation. The level of service at concurrency
will not drop below accepted levels of service due
associated with the proposed development unless
improvements identified in six year transportation
program would maintain levels of service.
intersections
to new trips
the planned
improvement
b. Water. The infrastructure required to serve the proposed use is in
place or will be constructed as a condition of the special use
approval and it is reasonably anticipated that sufficient water rights
to the proposed use will be in place at the time of impact to the
system (construction permit issuance).
c. Sewer. The infrastructure required to serve the proposed use is in
place or will be constructed as a condition of the special use
approval and it is anticipated that the treatment plant has
sufficient capacity to serve the proposed use at the time of impact
to the system (construction permit issuance).
3. All other quasi-judicial reviews.
a. Transportation. The level of service at concurrency
will not drop below accepted levels of service due
associated with the proposed development unless
improvements identified in six year transportation
program would maintain levels of service.
intersections
to new trips
the planned
improvement
b. Water. The infrastructure required to serve the proposed use is in
place or will be constructed as a condition of the special use
approval and it is reasonably anticipated that sufficient water rights
to the proposed use will be in place at the time of impact to the
system (construction permit issuance).
c. Sewer. The infrastructure required to serve the proposed use is in
place or will be constructed as a condition of the special use
approval and it is anticipated that the treatment plant has
sufficient capacity to serve the proposed use at the time of impact
Agenda Item 8. a. Unified Development Code
Page 100 of 340
to the system (construction permit issuance).
D. Legislative reviews.
1. Conceptual and final master planned developments.
a. Transportation.
The environmental documents and conceptual
master site plan identify how transportation levels of service within
the City will be maintained if the Master Planned Development is
approved. Development within the Master Planned Development
will be subject to a finding of concurrency appropriate to the
development approval being issued.
b. Water. The environmental documents and conceptual master site
plan identify how water system levels of service within the City will
be maintained if the Master Planned Development is approved.
Development within the Master Planned Development will be
subject to a finding of concurrency appropriate to the development
approval being issued.
c. Sewer. The environmental documents and conceptual master site
plan identify how sewer system levels of service within the City will
be maintained if the Master Planned Development is approved.
Development within the Master Planned Development will be
subject to a finding of concurrency appropriate to the development
approval being issued.
2. Annexations.
a. Transportation. The transportation plan includes the infrastructure
to serve the proposed annexation area.
b. Water. The annexation area is within Yelm’s retail water service
area and the water system plan includes the infrastructure and
water rights to serve the proposed annexation area.
c. Sewer. The annexation area is within Yelm’s sewer service area
and the sewer system plan includes the infrastructure and
treatment plant capacity to serve the proposed annexation area.
18.16.060 Effect of a finding of concurrency.
The factors affecting available capacity, in some instances, lie outside of the
City’s control. The City’s adoption of this chapter relating to the manner in
which the City will make its best attempt to determine infrastructure
capacity does not create a duty in the City to provide water or sewer service
to the public or any individual, regardless of whether a finding of
concurrency has been made.
Agenda Item 8. a. Unified Development Code
Page 101 of 340
A finding of concurrency is not a guarantee that water and/or sewer will be
available to serve the proposed project at the time a building permit
application is made.
18.16.070 Reservation of water or sewer connections
The City may reserve water and sewer capacity by resolution of the City
Council for essential public facilities, improvements indentified in an adopted
capital facilities plan and listed in the six year improvement program.
18.16.080 Improvement deferrals.
In certain circumstances it may not be appropriate to require installation of
improvements required for a finding of concurrency at the time a
development occurs. In such situations, the Site Plan Review Committee
may permit deferral of installation of such improvements to a later date
under the provisions of this section.
The City may authorize a deferral of any or all required improvements,
provided one or more of the following criteria are met:
A. The installation of required improvements would be inconsistent with the
City’s long-range street or utility system Comprehensive Plans.
B. The installation of improvements could be more safely, efficiently and
effectively implemented if done concurrently with the installation of
improvements required for other properties along the same street
frontage.
C. The scope of the improvement being authorized does not constitute a
significant change in the existing demands of the use of property upon
the City’s transportation and utility transmission systems.
D. The developer and property owner enter into a mitigation agreement
with the City that ensures the proposal pays its pro-rata cost of the
improvement.
E. The developer and property owner enter into an agreement to participate
in a local improvement district formed for the construction of the
improvement.
18.16.090 Impact fees
A. Transportation. The project makes a contribution to the facilities relating
to capacity improvements identified in the adopted six year traffic
improvement program, in the form of a transportation facility charge
calculated as follows:
The City Council shall establish the transportation facility charge (TFC)
annually as part of the adoption of the most current six year
transportation improvement program (STIP). The TFC shall be based on
Agenda Item 8. a. Unified Development Code
Page 102 of 340
the development's contribution to the increase in local traffic and the
capacity-related improvements identified in the STIP.
(STIP × LP ) ×  TG − BG 
TFC =
 TG
(TG − BT )

STIP = The total cost of all capacity-related improvements on the six year
transportation improvement program.
LP = The percentage local traffic (generated within the City of Yelm)
represents the total traffic at the intersection of 1st Street and Yelm
Avenue.
TG = Total traffic growth (peak p.m.), based on an annual growth rate
applied to the base traffic count over the six year period covered by the
latest STIP.
BG = Background traffic growth (peak p.m.), based on an annual growth
rate applied to the base traffic count over the six year period covered by
the latest STIP, excluding any new development.
BT = Baseline traffic (peak p.m.) in the first year of the latest STIP.
1. Credits shall be given to reflect the projected impact on the
community system, such as traffic decreases where an existing
facility on-site is removed or replaced, and traffic reduction systems
which are binding and likely to remain effective for the life of the
project.
2. Credits may also be given for projects which create a significant
economic benefit to the community, including industrial or
manufacturing uses with an excess of 500 trips per day. The size of
the credit shall be measured at an appropriate percentage of the
anticipated annual tax revenue increase to the community and
available for capital contribution to transportation facilities on the
approved plan as a result of the project. The said credit shall be
calculated as follows:
a. Estimated gross revenue for six years.
b. Multiply gross revenue by 0.2 percent (B&O tax).
c. Multiply gross revenue subject to sales tax by 1.5 percent (City
share of state sales tax).
e. Add products of b and c above.
f. Multiply total from line e by nine percent (percentage of tax
revenue budgeted to City road fund).
g. Multiply product from line f by 28 percent (percentage of money in
Agenda Item 8. a. Unified Development Code
Page 103 of 340
the road fund that is designated as private share for projects on
the TFC).
B. Schools. The project makes a contribution to the fire protection facilities
as identified in the most current version of the capital facilities plan
adopted by Yelm Community Schools and endorsed by resolution of the
Yelm City Council.
C. Fire Protection Facilities. The project makes a contribution to the fire
protection facilities as identified in the most current version of the capital
facilities plan adopted by the S.E. Thurston Fire Authority and endorsed
by resolution of the Yelm City Council.
D. Payment of impact fees shall be as follows:
1. For projects involving the division of land for sale or lease, upon the
issuance of a building permit for construction of each lot of record, for
the traffic attributable to that lot;
2. For projects approved through site plan review, upon the issuance of
the building permit authorizing the construction of any phase, for the
traffic associated with that phase;
3. For projects approved through site plan review which do not include a
list of tenants at the time of approval, upon the issuance of the
building permit for the tenant improvements, if required, or otherwise
upon the issuance of the business license, for the traffic associated
with that tenant.
Agenda Item 8. a. Unified Development Code
Page 104 of 340
CHAPTER 18.17 - IMPROVEMENT AGREEMENTS AND FINANCIAL
GUARANTEES
18.17.010 Agreement in lieu of completion of improvements.
Before any subdivision is finally approved the subdivider shall install required
improvements and replace or repair any such improvements which are
damaged in the development of the subdivision. In lieu of installation of all
required improvements, the subdivider may execute and file with the city an
agreement guaranteeing completion of such improvements together with
any needed replacement or repair. The agreement shall:
A. Specify the period of time within which all work required shall be
completed. Such schedule may provide for construction of improvements
in units or phases. In no case shall the time for completion exceed one
year from the date of final approval of the subdivision. The agreement
may provide for reasonable extensions of time for completion of work.
Extensions must be requested, approved by the City Council and properly
secured as provided herein in advance of the required initial completion
date;
B. Require notice by the subdivider to the Public Works Director promptly
upon completion of all required improvements;
C. Provide for notice of approval or disapproval by the director of the
improvement within a reasonable time after receiving notice of
completion;
D. Designate the form and require financial security to be provided by the
subdivider in a form permitted by this chapter;
E. Provide that if the subdivider fails to complete all required work within
the period specified, including any approved extensions of time, the City
may take steps to demand performance of the developer’s obligation
within a reasonable time not to exceed 90 days from the date of
demand;
F. Provide that if the required improvements are not completed within that
time, the City may take action to forfeit the financial security;
G. Provide that the city shall be entitled to recover all costs of such action
including reasonable attorney’s fees;
H. Provide that following recovery of the proceeds of the financial security,
those proceeds shall be used to complete the required improvements and
pay the costs incurred;
I.
Provide that should the proceeds of the financial security be insufficient
for completion of the work and payment of the costs, the City shall be
entitled to recover the deficiency from the subdivider.
Agenda Item 8. a. Unified Development Code
Page 105 of 340
18.17.020 Agreement
improvements
to
assure
successful
operation
of
Regardless of whether all required improvements are completed prior to final
approval of any subdivision of land, as a condition of such approval the
subdivider shall execute an agreement to assure successful operation of said
improvements. The agreement shall:
A. Require the subdivider to post a bond or other financial security
permitted by this chapter to secure successful operation of all required
improvements and full performance of the developer’s maintenance
obligation. Such financial security shall be effective for a two-year period
following approval of installation of all required improvements;
B. Require the subdivider to perform maintenance functions on drainage
improvements for a period of time not to exceed two years from approval
of their completion or final subdivision approval, whichever is later. Such
maintenance functions shall be specified by the Public Works Director
and shall be reasonably related to the burdens which the subdivision will
impose on drainage facilities during the time maintenance is required.
The City Council may agree to accept and perform maintenance of the
improvements, in which case the subdivider’s obligation to perform
maintenance functions shall terminate;
C. Not relieve the subdivider of liability for the defective condition of any
required improvements discovered following the effective term of the
security given;
D. A waiver by the subdivider of all claims for damages against any
governmental authority which may occur to the adjacent land as a result
of construction, drainage and maintenance of the streets and other
improvements.
18.17.030 Form of financial security
To assure full performance of the agreements required by this chapter, the
subdivider shall provide one or more of the following:
A. A surety bond executed by a surety company authorized to transact
business in the State of Washington in a form approved by the city
attorney;
B. A letter of credit from a financial institution stating that the money is
held for the purpose of development of the stated project in a form
approved by the city attorney.
18.17.040 Amount of financial security
The financial security required by this chapter shall be for one and one-half
percent of the sum estimated by the public works director to be the City’s
Agenda Item 8. a. Unified Development Code
Page 106 of 340
cost upon the developer’s failure to comply with the above agreements and
all related engineering and incidental expenses, final survey monumentation
and preparation of reproducible City approved drawings of as-built
improvements.
18.17.050 Defective work
The acceptance of improvements by the City shall not prevent the City from
making a claim against the developer for any defective work if such is
discovered within two years (or less if provided by state law) after the date
of completion of the work.
Agenda Item 8. a. Unified Development Code
Page 107 of 340
CHAPTER 18.18 - ENFORCEMENT
18.18.010 Purpose and intent
A. The purpose of this chapter is to provide a standard enforcement process
for the Design Guidelines, Yelm Engineering Specifications and Standard
Details, procedures, and permit requirements of the Unified Development
Code, provided that the enforcement of construction permits subject to
the State Building Code Act, Chapter 19.27 RCW, shall be subject to the
enforcement procedures, penalties, and notice requirements of that act.
B. The primary intent of all enforcement actions described in this chapter is
to educate the public and to encourage the voluntary correction of
violations. Civil and criminal penalties will be used only when necessary
to ensure compliance with the provisions of the codes to which this
chapter applies. Criminal charges will be brought only when civil
remedies have failed to ensure compliance.
18.18.020 Violations.
A. It is a violation of this chapter to remove or deface any sign, notice,
complaint, or order required by or posted in accordance with this code.
B. It is a violation of this chapter to fail to comply with notices or orders
issued pursuant to this chapter.
18.18.030 Enforcement and duty to enforce
A. Provisions of the regulations to which the enforcement provisions of this
chapter apply will be enforced for the benefit of the health, safety, and
welfare of the general public, and not for the benefit of any particular
person or class of persons.
B. The Community Development Department is authorized to enforce the
regulations to which the enforcement provisions of this code apply. The
Community Development Department may call upon law enforcement,
public works, or other appropriate City departments to assist in
enforcement.
C. The police and all officers and officials charged with enforcement of the
law are authorized to enforce provisions of this code.
D. The owner of any real or personal property subject to enforcement action
and any person responsible for a violation are liable for failure to comply
with the regulations to which the enforcement provisions of this chapter
apply or to comply with notices or orders issued pursuant to this chapter.
E. No provision or term used in this code is intended to impose any duty
upon the City or any of its officers or employees which would subject
them or the City to damages in a civil action.
Agenda Item 8. a. Unified Development Code
Page 108 of 340
F. No approval shall be granted for a land use permit, land division, building
permit or connection to City services for any lot, tract, or parcel of land
on which there is a final determination of a violation of any state law or
City code to which the enforcement provisions of this chapter apply,
pertinent to use or development of the property, unless such violations
are either corrected prior to application or are required to be corrected as
a condition of approval. City approval granted on that basis may be
revoked at any time if there is a failure to comply with conditions of
approval or violation of any state law or City regulation pertinent to use
or development of the property.
G. Violator's Liability for Damages. Any person who violates any provisions
or any permit issued under the codes to which the enforcement
provisions of this chapter apply shall be liable for all damage to public or
private property arising from such violation, including the cost of
restoring the affected area to its condition prior to violation. The City
attorney may bring suit for damages under this section on behalf of the
City. Private persons shall have the right to bring suit for damages under
this section on their own behalf and on the behalf of all persons similarly
situated. If liability has been established for the cost of restoring an area
affected by a violation, the court shall make provision to assure that
restoration will be accomplished within a reasonable time at the expense
of the violator.
18.18.040 Investigation and service of notice of violation
A. The Community Development Department shall investigate any facts
which lead the Community Development Department to reasonably
believe that a person, use, or condition is in violation of the codes to
which the enforcement provisions of this chapter apply.
B. Should the administrator be denied access to such property to carry out
the purpose and provision of this section, the administrator may apply to
any court of competent jurisdiction for a search warrant authorizing
access.
1. The administrator or his/her designee may request the consent to
enter property for the purpose of examining property, buildings,
premises, records, or other physical evidence, or for conducting tests
or taking samples.
2. The administrator or designee may apply for an administrative search
warrant to a court official authorized to issue a criminal search
warrant. An administrative search warrant may be issued for the
purposes described in subsection (B)(1) of this section. The warrant
shall be issued upon probable cause. It is sufficient probable cause to
show either of the following:
Agenda Item 8. a. Unified Development Code
Page 109 of 340
a. The inspection, examination, test, or sampling is pursuant to a
general administrative plan to determine compliance with this
code; or
b. The administrator has reason to believe that a violation of this
code or permit issued pursuant to this code has occurred or is
occurring.
C. If after investigation, the administrator determines that any provision of
this code has been violated, a notice of correction letter shall be the first
attempt at obtaining compliance. If voluntary compliance is not obtained,
the administrator shall serve a notice of violation upon the owner and
person(s) responsible for the violation. The notice of violation shall state
the following:
1. Description of the activity that is causing a violation;
2. Each provision violated;
3. Any civil penalty imposed;
4. The corrective action, if any, necessary to comply
provisions;
with said
5. A reasonable time for compliance according to provisions of this
section; and
6. That continued or subsequent violation may result in enforcement
action through a court of competent jurisdiction.
D. Following a notice of violation, the administrator and person in violation
may develop a mutually agreeable compliance plan. The compliance plan
shall establish a reasonable and specific time frame for compliance. No
further action will be taken if the terms of the compliance plan are met.
If no compliance plan is established, enforcement of the violation will
proceed.
E. When calculating a reasonable time for compliance, the administrator
shall consider the following criteria:
1. The type and degree of violations cited in the notice;
2. The stated intent, if any, of a person responsible to take steps to
comply;
3. Procedural requirements for obtaining a permit to carry out corrective
action;
4. the complexity of corrective action, including seasonal considerations,
construction requirements, and the legal rights and responsibilities of
landlords and tenants; or
5. Any other circumstances beyond the control of the party responsible.
Agenda Item 8. a. Unified Development Code
Page 110 of 340
F. If the administrator believes that the requirements of this section are not
being met, the administrator shall, in addition to the notice of violation,
issue applicable stop work or emergency orders.
G. The notice of violation, stop work order, or emergency order shall be
served upon the owner and person(s) responsible for the violation by
personal service, registered mail, or certified mail with return receipt
requested, addressed to the last known address of each such person. If
after a reasonable search and reasonable efforts are made to obtain
service, the whereabouts of the person or persons is still unknown, or
service cannot be accomplished and the administrator makes an affidavit
to that effect, then service of the notice of violation may be made by:
1. Publication of the notice once each week for 2 consecutive weeks in
the official newspaper of the City;
2. Mailing a copy of the notice or order to each person named on the
notice or order by first class mail to the last known address if any, if
known, or, if unknown, to the address of the property involved in the
proceeding; and
3. Mailing a copy to the taxpayer of record.
H. A copy of the notice or order shall be posted at a conspicuous place on
the premises, unless posting the notice or order is not physically
possible.
I.
The administrator may mail or cause to be delivered to all residential and
nonresidential units on the premises, or to be posted at a conspicuous
place on the premises, a notice which informs each recipient or resident
about any notice of violation, stop work order, or emergency order and
the applicable requirements and procedures. Notices issued in this
manner are sufficient for purposes of due process.
J.
A notice of violation, a stop work order, or an emergency order may be
amended at any time in order to:
1. Correct clerical errors; or
2. Cite additional authority for a stated violation.
K. If the scope of the notice is to be expanded or decreased, then a new
notice of violation, a stop work order, or an emergency order shall be
issued in order to expand or decrease the scope of the notice or order as
consistent with the intent of this section and new timelines may be
established pursuant to subsection (D) of this section.
L. Nothing in this chapter shall be deemed to limit or preclude any civil or
criminal action or proceeding available otherwise.
Agenda Item 8. a. Unified Development Code
Page 111 of 340
M. Nothing in this chapter shall be deemed to limit or preclude the
administrator from seeking the most appropriate course of action
deemed necessary in relationship to the severity of the violation.
18.18.050 Stop work order, emergency, and abatement orders
A. Stop Work Order. Whenever a continuing violation of this code will
materially impair the administrator's ability to secure compliance with
this code, or when any person is proceeding in defiance of permit
requirements, the administrator may issue a stop work order specifying
the violation and prohibiting any work or other activity at the site. The
stop work order shall be served on the person(s) responsible pursuant to
Section 18.18.040 YMC and shall be posted in a conspicuous place on the
premises, if posting is reasonable and practical. Failure to comply with a
stop work order shall constitute a violation of this chapter.
B. Emergency Order.
1. Whenever any use or activity in violation of the codes to which the
enforcement provisions of this chapter apply threatens the health or
safety of occupants of the premises or any member of the public, the
administrator may issue an emergency order directing that the use or
activity be discontinued and the condition causing threat to health
and safety be corrected. The emergency order shall be served on the
person(s) responsible pursuant to 18.18.04 YMC, shall specify the
time for compliance, and shall be posted in a conspicuous place on
the premises, if posting is physically possible. Failure to comply with
an emergency order shall constitute a violation of this chapter.
2. Any condition described in an emergency order which is not corrected
within the time specified in the order is a public nuisance. The
administrator is authorized to abate said nuisance summarily by such
means as the administrator finds reasonable. The cost of such
abatement shall be recovered from the owner or the person
responsible or both in any manner provided by law.
18.18.060 Penalties
A. Civil Penalties. Any person violating or failing to comply with any of the
provisions of the codes to which the enforcement provisions of this
chapter apply may be subject to a cumulative civil penalty of up to
$250.00 per day for each active occurrence of violation.
B. Additional Penalties.
1. In addition to civil and criminal penalties, the administrator may seek
injunctive relief to enjoin any acts or practices and abate any
nuisance or other condition which constitutes or will constitute a
violation of the codes to which the enforcement provisions of this
Agenda Item 8. a. Unified Development Code
Page 112 of 340
chapter apply when civil penalties are inadequate to affect
compliance, or when otherwise appropriate. Owners of real or
personal property adversely affected by a violation of the codes to
which the enforcement provisions of this chapter apply may also seek
injunctive relief.
2. The administrator may issue a stop work order pursuant to 18.18.050
YMC at any time during these proceedings.
3. The administrator may issue an emergency order pursuant to
18.18.050 YMC at any time during these proceedings.
C. Appeal of the Issuance of Penalties. Within 30 days after the notice is
received, the person incurring a penalty under this section may appeal
the determination that a violation occurred or may request remission or
mitigation of the penalty. Upon receipt of the application, the Hearing
Examiner shall hold a closed record hearing pursuant to Chapter 18.10
YMC. If the examiner determines that a violation occurred, the penalty
may be remitted or mitigated for good cause, upon whatever terms the
examiner finds acceptable.
D. Innocent Purchaser. No application for a building permit or other
development permit for any lot, tract, or parcel of land divided in
violation of Chapter 58.17 RCW or Title 18 YMC will be granted without
prior approval of the administrator. Approval will only be given if the
applicant demonstrates the following:
1. The property will be connected to the City sanitary sewer system and
potable water system;
2. The Community Development Department has certified that the
proposed lot, tract, or parcel of land is served with an adequately
designed means of access, and with adequate drainage facilities,
none of which interferes with existing or planned public or private
road and drainage facilities in the vicinity;
3. The proposed development will not adversely affect the safety or
health of adjacent property owners;
4. The Community Development Director has certified that the proposed
land division and development conform to the policies and directives
of the Comprehensive Plan; and
5. The applicant did not know, and could not have known by exercising
reasonable care in purchasing the land, that the lot, tract, or parcel
had been part of a larger lot, tract, or parcel divided in violation of
state law or this code.
Agenda Item 8. a. Unified Development Code
Page 113 of 340
18.18.070 Unauthorized critical area alterations and enforcement
A. When a critical area or its buffer has been altered in violation of this
chapter, all ongoing development work shall stop and the critical area
shall be restored. The City shall have the authority to issue a stop work
order to cease all ongoing development work, and order restoration,
rehabilitation, or replacement measures at the owner's or other
responsible party's expense to compensate for violation of provisions of
this chapter.
B. Requirement for Restoration Plan. All development work shall remain
stopped until a restoration plan is prepared and approved by City. Such a
plan shall be prepared by a qualified professional using the best available
science and shall describe how the actions proposed meet the minimum
performance standards. The administrator shall, at the violator's
expense, seek expert advice in determining the adequacy of the plan.
Inadequate plans shall be returned to the applicant or violator for
revision and resubmittal.
C. Minimum Performance Standards for Restoration.
1. For alterations to critical aquifer recharge areas, frequently flooded
areas, wetlands, and habitat conservation areas, the following
minimum performance standards shall be met for the restoration of a
critical area; provided, that if the violator can demonstrate that
greater functional and habitat values can be obtained, these
standards may be modified:
a. The historic structural and functional values shall be restored,
including water quality and habitat functions;
b. The historic soil types and configuration shall be replicated;
c. The critical area and buffers shall be replanted with native
vegetation that replicates the vegetation historically found on the
site in species types, sizes, and densities. The historic functions
and values should be replicated at the location of the alteration;
and
d. Information demonstrating compliance with the requirements for
mitigation plans shall be submitted to the administrator.
2. For alterations to flood and geological hazards, the following
minimum performance standards shall be met for the restoration of a
critical area; provided, that, if the violator can demonstrate that
greater safety can be obtained, these standards may be modified:
a. The hazard shall be reduced to a level equal to, or less than, the
pre-development hazard;
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b. Any risk of personal injury resulting from the alteration shall be
eliminated or minimized; and
c. The hazard area and buffers shall be replanted with native
vegetation sufficient to minimize the hazard.
D. Site Inspections. The administrator is authorized to make site inspections
and take such actions as are necessary to enforce this chapter. The
administrator shall present proper credentials and make a reasonable
effort to contact any property owner before entering onto private
property.
E. Penalties. Penalties and enforcement shall be as provided in Section
18.18.060 YMC.
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UNIFIED DEVELOPMENT CODE
ENVIRONMENT
Table of Contents
CHAPTER 18.20 – STATE ENVIRONMENTAL POLICY ACT .............................................................................................1
18.20.010
INTENT ................................................................................................................................................. 1
18.20.020
CATEGORICAL EXEMPTIONS ...................................................................................................................... 1
18.20.030
ENVIRONMENTAL POLICIES ....................................................................................................................... 1
18.20.040
DESIGNATION OF RESPONSIBLE OFFICIAL ..................................................................................................... 1
18.20.050
CONSISTENCY WITH THE COMPREHENSIVE PLAN AND ADOPTED DEVELOPMENT REGULATIONS .............................. 1
18.20.060
PUBLIC NOTICE ...................................................................................................................................... 2
18.20.070
PUBLIC AND AGENCY COMMENTS .............................................................................................................. 2
18.20.080
SUBSTANTIVE AUTHORITY ........................................................................................................................ 3
18.20.090
PREPARATION OF ENVIRONMENTAL IMPACT STATEMENTS............................................................................... 4
18.20.100
IMPOSITION OF FEES IN LIEU OF IMPROVEMENT ............................................................................................ 4
18.20.110
NOTICE OF ACTION ................................................................................................................................. 4
CHAPTER 18.21 – CRITICAL AREAS AND RESOURCE LANDS.........................................................................................5
18.21.010
INTENT ................................................................................................................................................. 5
18.21.020
BEST AVAILABLE SCIENCE ......................................................................................................................... 7
18.21.030
APPLICABILITY, EXEMPTION, AND EXCEPTIONS .............................................................................................. 9
18.21.040
ALLOWED ACTIVITIES ............................................................................................................................ 11
18.21.050
GENERAL CRITICAL AREA PROTECTIVE MEASURES ........................................................................................ 15
18.21.060
WETLANDS ......................................................................................................................................... 16
18.21.070
CRITICAL AQUIFER RECHARGE AREAS ........................................................................................................ 27
18.21.080
FREQUENTLY FLOODED AREAS ................................................................................................................. 28
18.21.090
FLOOD DAMAGE PROTECTION ................................................................................................................ 34
18.21.100
GEOLOGICALLY HAZARDOUS AREAS .......................................................................................................... 40
18.21.110
FISH AND WILDLIFE HABITAT CONSERVATION AREAS..................................................................................... 44
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Agenda Item 8. a. Unified Development Code
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CHAPTER 18.20 – STATE ENVIRONMENTAL POLICY ACT
18.20.010 Intent
The intent of this chapter is to implement the requirements of the State
Environmental Policy Act, Chapter 43.21C (RCW) and Chapter 197-11
(WAC).
18.20.020 Categorical exemptions
A. The exempt threshold for minor new construction in the City of Yelm
pursuant to Section 197-11-800 WAC shall be:
1. Projects proposing 24 or fewer single family dwelling units.
2. Projects proposing 32 or fewer multiple family dwelling units.
3. The construction of any office, school, commercial, recreational,
service or storage building 10,000 square feet or smaller which
creates fewer than 25 new peak PM trips to the transportation system
and with 90 or fewer associated parking stalls;
4. Any landfill or excavation permit for 1,000 cubic yards or less
throughout the lifetime of the permit.
18.20.030 Environmental policies
The following documents are to be considered as environmental policies of
the City of Yelm:
A. The City of Yelm Comprehensive Plan and Joint Plan with Thurston
County, together with appendices and plans referenced therein;
B. The Yelm Creek Flood Hazard Management Plan;
C. The Nisqually River Management Plan;
D. The Unified Development Regulations of the City of Yelm;
E. The Yelm Engineering Specifications and Standard Details of the City of
Yelm.
18.20.040 Designation of responsible official
For those proposals for which the City is the lead agency, the responsible
official shall be the Community Development Director of the City of Yelm.
18.20.050 Consistency with the Comprehensive Plan and adopted
Development Regulations
The principal guide in measuring environmental impacts shall be whether the
proposed project is consistent with:
A. The Comprehensive Plan for the City of Yelm;
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B. The Development Regulations designed to implement the Comprehensive
Plan.
18.20.060 Public notice
A. Whenever the responsible official issues a determination of nonsignificance pursuant to Section 197-11-340 (2) WAC, notice shall be
given as follows:
1. Sending the determination by US Mail or email to agencies with
jurisdiction and affected tribes.
2. If public notice is required for the underlying permit, the notice shall
state whether a determination has been issued and when comments
are due.
3. If no public notice is required for the underlying permit, the
determination of non-significance shall be published in a newspaper
of general circulation in the City.
B. Whenever the responsible official issues a determination of significance
pursuant to Section 197-11-360(3) WAC, notice shall be given as
follows:
1. Sending the determination, draft scope, and scoping procedures by
US Mail or email to agencies with jurisdiction, agencies with
environmental expertise, and affected tribes.
2. The determination, draft scope, and scoping procedures shall be
published in a newspaper of general circulation in the City.
C. Whenever the City issues a draft environmental impact statement
pursuant to Section 197-11-455 (5) WAC, a supplemental environmental
impact statement under Section 197-11-620 WAC, or a final
environmental impact statement, notice of the availability of those
documents shall be provided as follows:
1. Sending a notice of availability by US Mail or email to agencies with
jurisdiction, agencies with environmental expertise, affected tribes,
and all persons, organizations, or agencies which provided comments
to the City on the project.
2. Publishing a notice of availability in a newspaper of general circulation
in the City.
18.20.070 Public and agency comments
A. The responsible official shall consider all comments received during the
comment period for a determination of non-significance and, based on
those comments, may withdraw or modify the determination.
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B. The decision maker on the underlying permit shall consider all comments
received during the comment period for the determination of nonsignificance or that of the underlying permit and, based on those
comments, may attach mitigation measures to the underlying permit
pursuant to Section 18.20.080 YMC.
C. The responsible official shall consider all comments received during the
comment period on a determination of significance and its draft scope
and, based on those comments, may modify the final scope for the
environmental impact statement.
D. The responsible official shall consider and respond to all comments
received during the comment period on a draft environmental impact
statement in the final environmental impact statement.
18.20.080 Substantive authority
A. The decision maker on the underlying permit may approve the
underlying permit with mitigation measures pursuant to Section 197-11660 WAC through the use of substantive authority.
Mitigation measures attached to the underlying permit through the use of
substantive authority must be:
1. Based on the goals and policies of the Yelm Comprehensive Plan and
Development Regulations in effect at the time the threshold
determination is issued;
2. Related to specific, adverse environmental impacts clearly identified
in an environmental document on the proposal;
3. Stated in writing by the decision maker, along with citation to the
policy that is the basis of the mitigation measure;
4. Reasonable and capable of being accomplished; and
5. Imposed on applicant only to the extent attributable to the identified
adverse impacts of its proposal.
B. The decision maker on the underlying permit may deny the permit for a
proposal pursuant to Section 197-11-660 WAC through the use of
substantive authority, provided that:
1. A finding is made that approving the proposal would result in
probable and significant adverse environmental impact identified in a
final or supplemental environmental impact statement; and
2. A finding is made that there are no reasonable mitigation measures
capable of being accomplished that are sufficient to mitigate the
identified impacts; and
3. The denial is based on one or more of the policies identified in this
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section and identified in writing in the decision document.
C. The City designates and adopts by reference the following policies as the
basis for the exercise of authority pursuant to this section:
1
The goals and policies of the Yelm Comprehensive Plan.
2. Adopted Capital Facilities Plans, including but not limited to the Water
System Plan, General Sewer Plan, Transportation Plan, and Parks
Plan.
3. The Yelm Unified Development Code, Title 18 YMC.
18.20.090 Preparation of environmental impact statements
The preparation of draft and final environmental impact statements and
draft and final supplemental environmental impact statements shall be
accomplished under the direction of the responsible official.
18.20.100 Imposition of fees in lieu of improvement
Where the public interest is served in the construction of a regional public
facility, and where a project impacts a public facility and will in fact be
benefitted by the facility, the City may impose a fee in lieu of requiring
construction of a portion of the public facility where:
A. A proportionality exists between the fee imposed, the facility to be
constructed, the impact of the project, and the benefit to the project;
B. The facility is identified in the Comprehensive Plan and in specific public
facility plans designed to implement the Comprehensive Plan;
C. The City has otherwise satisfied all requirements for the imposition of a
fee for development set forth in Chapter 82.02 RCW.
18.20.110 Notice of action
The City, an applicant for, or a proponent of an action may publish a notice
of action pursuant to Section 43.21C.080 RCW for any action. The form of
such notice shall be substantially in the form provided in Section 197-11-990
WAC and shall be published by the City clerk/treasurer, the applicant or the
proponent pursuant to Section 43.21C.080 RCW.
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CHAPTER 18.21 – CRITICAL AREAS AND RESOURCE LANDS
18.21.010 Intent
The intent of this chapter is to designate and classify ecologically sensitive
and hazardous areas and to protect these areas and their functions and
values, while also allowing for reasonable use of private property.
A. By limiting development and alteration of critical areas, this chapter
seeks to:
1. Protect members of the public and public resources and facilities from
injury, loss of life, or property damage due to landslides and steep
slope failures, erosion, seismic events, volcanic eruptions, or
flooding;
2. Maintain healthy, functioning ecosystems through the protection of
unique, fragile, and valuable elements of the environment, including
ground and surface waters, wetlands, and fish and wildlife and their
habitats, and to conserve the biodiversity of plant and animal
species;
3. Direct activities not dependent on critical areas resources to less
ecologically sensitive sites and mitigate unavoidable impacts to
critical areas by regulating alterations in and adjacent to critical
areas; and
4. Prevent cumulative adverse environmental impacts to water quality,
wetlands, and fish and wildlife habitat, and the overall net loss of
wetlands, frequently flooded areas, and habitat conservation areas.
Unavoidable impacts are impacts that remain after all appropriate
and practicable measures have been achieved.
B. The regulations of this chapter are intended to protect critical areas in
accordance with the Growth Management Act and through the application
of the best available science, and in consultation with state and federal
agencies and other qualified professionals, as determined according to
Sections 365-195-900 through 365-195-925 WAC.
C. This chapter is to be administered with flexibility and attention to sitespecific characteristics. It is not the intent of this chapter to make a
parcel of property unusable by denying its owner reasonable economic
use of the property, or to prevent the provision of public facilities and
services necessary to support existing and planned development without
decreasing current service levels below minimum standards.
D. Relationship to other regulations.
1. These critical areas regulations shall apply as an overlay and in
addition to zoning and other development regulations adopted by the
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City.
2. When a property or development is subject to more than one critical
area overlay or other regulations apply to a development, the more
restrictive shall apply.
E. Compliance with the provisions of this chapter does not constitute
compliance with other federal, state, and local regulations and permit
requirements. The applicant is responsible for complying with these
requirements, apart from the process established in this chapter.
F. Interpretation. In the interpretation and application of this chapter, the
provisions of this chapter shall be considered to be the minimum
requirements necessary, shall be liberally construed to serve the purpose
of this chapter, and shall be deemed to neither limit nor repeal any other
provisions under state statute.
G. Jurisdiction – critical areas.
1. The City shall regulate all uses, activities, and developments within,
adjacent to, or likely to affect one or more critical areas, consistent
with the best available science and the provisions herein.
2. Critical areas regulated by this chapter include:
a. Wetlands;
b. Critical aquifer recharge areas;
c. Frequently flooded areas;
d. Geologically hazardous areas; and
e. Fish and wildlife habitat conservation areas.
3. All areas within the City meeting the definition of one or more critical
areas, regardless of any formal identification, are hereby designated
critical areas and are subject to the provisions of this chapter.
4. Areas adjacent to critical areas subject to regulation. Areas adjacent
to critical areas shall be considered to be within the jurisdiction of
these requirements and regulations. Adjacent shall mean any activity
located:
a. On a site immediately adjoining a critical area;
b. A distance equal to or less than the required critical area buffer
width and building setback;
c. A distance equal to or less than one-half mile (2,640 feet) from a
bald eagle nest;
d. A distance equal to or less than 300 feet upland from a stream,
wetland, or water body;
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e. Within the floodway, floodplain, or channel migration zone; or
f. A distance equal to or less than 200 feet from a critical aquifer
recharge area.
H. Protection of critical areas. Any action taken pursuant to this chapter
shall result in equivalent or greater functions and values of the critical
areas associated with the proposed action, as determined by the best
available science. All actions and developments shall be designed and
constructed to avoid, minimize, and restore all adverse impacts.
Applicants must first demonstrate an inability to avoid or reduce impacts,
before restoration and compensation of impacts will be allowed. No
activity or use shall be allowed that results in a net loss of the functions
or values of critical areas
I.
Protect functions and values of critical areas with special consideration to
anadromous fish. Critical area reports and decisions to alter critical areas
shall rely on the best available science to protect the functions and
values of critical areas and must give special consideration to
conservation or protection measures necessary to preserve or enhance
anadromous fish, such as salmon and bull trout, and their habitat.
18.21.020 Best available science
A. Best available science to be consistent with criteria. The best available
science is that scientific information applicable to the critical area
prepared by local, state, or federal natural resource agencies, a qualified
scientific professional, or team of qualified scientific professionals that is
consistent with criteria established in Sections 365-195-900 through
365-195-925 WAC. Sources of the best available science are included in
Citations of Recommended Sources of Best Available Science for
Designating and Protecting Critical Areas, published by the Washington
State Department of Community, Trade and Economic Development.
B. Characteristics of a valid scientific process. In the context of critical areas
protection, a valid scientific process is one that produces reliable
information useful in understanding the consequences of a local
government's regulatory decisions, and in developing critical areas
policies and development regulations that will be effective in protecting
the functions and values of critical areas. To determine whether
information received during the permit review process is reliable
scientific information, the administrator shall determine whether the
source of the information displays the characteristics of a valid scientific
process. Such characteristics are as follows:
1. Peer review. The information has been critically reviewed by other
persons who are qualified scientific experts in that scientific discipline.
The proponents of the information have addressed the criticism of the
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peer reviewers. Publication in a refereed scientific journal usually
indicates that the information has been appropriately peer-reviewed;
2. Methods. The methods used to obtain the information are clearly
stated and reproducible. The methods are standardized in the
pertinent scientific discipline or, if not, the methods have been
appropriately peer-reviewed to ensure their reliability and validity;
3. Logical conclusions and reasonable inferences. The conclusions
presented are based on reasonable assumptions supported by other
studies and consistent with the general theory underlying the
assumptions. The conclusions are logically and reasonably derived
from the assumptions and supported by the data presented. Any
gaps in information and inconsistencies with other pertinent scientific
information are adequately explained;
4. Quantitative analysis. The data has been analyzed using appropriate
statistical or quantitative methods;
5. Context. The information is placed in proper context. The
assumptions, analytical techniques, data, and conclusions are
appropriately framed with respect to the prevailing body of pertinent
scientific knowledge; and
6. References. The assumptions, analytical techniques, and conclusions
are well referenced with citations to relevant, credible literature and
other pertinent existing information.
C. Nonscientific information. Nonscientific information may supplement
scientific information, but it is not an adequate substitute for valid and
available scientific information. Common sources of nonscientific
information include anecdotal information, no expert opinion, and
hearsay.
D. Absence of valid scientific information. Where there is an absence of valid
scientific information or incomplete scientific information relating to a
critical area leading to uncertainty about the risk to critical area function
of permitting an alteration of or impact to the critical area, the
administrator shall:
1. Take a “precautionary or a no-risk approach” that strictly limits
development and land use activities until the uncertainty is
sufficiently resolved; and
2. Require application of an effective adaptive management program
that relies on scientific methods to evaluate how well regulatory and
nonregulatory actions protect the critical area. An adaptive
management program is a formal and deliberate scientific approach
to taking action and obtaining information in the face of uncertainty.
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An adaptive management program shall:
a. Address funding for the research component of the adaptive
management program;
b. Change course based on the results and interpretation of new
information that resolves uncertainties; and
c. Commit to the appropriate timeframe and scale necessary to
reliably evaluate regulatory and nonregulatory actions affecting
protection of critical areas and anadromous fisheries.
18.21.030 Applicability, exemption, and exceptions
A. Applicability.
1. The provisions of this chapter shall apply to all lands, all land uses
and development activity, and all structures and facilities in the City,
whether or not a permit or authorization is required, and shall apply
to every person, firm, partnership, corporation, group, governmental
agency, or other entity that owns, leases, or administers land within
the City. No person, company, agency, or applicant shall alter a
critical area or buffer except as consistent with the purposes and
requirements of this chapter.
2. The City shall not approve any permit or otherwise issue any
authorization to alter the condition of any land, water, or vegetation,
or to construct or alter any structure or improvement in, over, or on
a critical area or associated buffer, without first ensuring compliance
with the requirements of this chapter.
B. Exempt activities. The following developments, activities, and associated
uses shall be exempt from the provisions of this chapter; provided that
they are otherwise consistent with the provisions of other local, state,
and federal laws and requirements:
1. Emergencies. Those activities necessary to prevent an immediate
threat to public health, safety, or welfare, or that pose an immediate
risk of damage to private property and that require remedial or
preventative action in a timeframe too short to allow for compliance
with the requirements of this chapter.
Emergency actions that create an impact to a critical area or its
buffer shall use reasonable methods to address the emergency; in
addition, they must have the least possible impact to the critical area
or its buffer. The person or agency undertaking such action shall
notify the City within one working day following commencement of
the emergency activity. Within 30 days, or sooner if the administrator
deems it is necessary to critical areas protection, the administrator
shall determine if the action taken was within the scope of the
Agenda Item 8. a. Unified Development Code
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emergency actions allowed in this subsection.
After the emergency, the person or agency undertaking the action
shall fully fund and conduct necessary restoration and/or mitigation
for any impacts to the critical area and buffers resulting from the
emergency action in accordance with an approved critical area report
and mitigation plan. The person or agency undertaking the action
shall apply for review, and the alteration, critical area report, and
mitigation plan shall be reviewed by the City in accordance with the
review procedures contained herein. Restoration and/or mitigation
activities must be initiated within one year, or sooner if the
administrator deems it is necessary to critical areas protection, of the
date of the emergency, and completed in a timely manner;
2. Operation, maintenance, or repair. Operation, maintenance, or repair
of existing structures, infrastructure improvements, utilities, public or
private roads, dikes, levees, or drainage systems, that do not require
construction permits, if the activity does not further alter or increase
the impact to, or encroach further within, the critical area or buffer
and there is no increased risk to life or property as a result of the
proposed operation, maintenance, or repair. Restoration measures
taken to restore an altered or damaged natural feature include:
a. active steps to restore damaged wetlands, streams, protected
habitat, or their buffers to the functioning condition that existed
prior to an unauthorized alteration, and
b. actions performed to reestablish structural and functional
characteristics of the critical area that have been lost by alteration,
past management activities, or catastrophic events.
3. Passive outdoor activities. Recreation, education, and
research activities that do not degrade the critical area.
scientific
C. Exempt activities and impacts to critical areas. All exempt activities shall
use reasonable methods to avoid potential impacts to critical areas. Any
incidental damage to, or alteration of, a critical area that is not a
necessary outcome of the exempted activity shall be restored,
rehabilitated, or replaced.
D. Exception – essential public facilities or reasonable use.
If the
application of this chapter would prohibit a development proposal for an
essential public facility, the agency or utility may apply for an exception.
If the application of this chapter would deny all reasonable economic use
of the subject property, the City shall determine if compensation is an
appropriate action, or the property owner may apply for an exception.
Agenda Item 8. a. Unified Development Code
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An exception to this chapter may be granted by the Hearing Examiner in
accordance with Chapter 18.14 YMC.
18.21.040 Allowed activities
A. Critical area report. Activities allowed under this chapter shall have been
reviewed and permitted or approved by the City, but do not require
submittal of a separate critical area report, unless required previously for
an underlying permit. The administrator may apply conditions to the
underlying permit or approval to ensure that the allowed activity is
consistent with the provisions of this chapter to protect critical areas.
B. Required use of best management practices (BMP’s). All allowed
activities shall be conducted using the best management practices that
result in the least amount of impact to the critical areas. BMP’s are
measures that control soil loss and reduce water quality degradation,
minimize adverse impacts to surface and ground water, protect trees and
vegetation, and provide standards for proper use of chemical herbicides.
The City shall observe the use of best management practices to ensure
that the activity does not result in degradation to the critical area. Any
incidental damage to, or alteration of, a critical area shall be restored,
rehabilitated, or replaced.
C. Allowed activities. The following activities are allowed:
1. Permit Requests subsequent to previous critical area review.
Development permits and approvals that involve both discretionary
land use approvals and construction approvals if all of the following
conditions have been met:
a. The provisions of this chapter have been previously addressed as
part of another approval;
b. There have been no material changes in the potential impact to the
critical area or buffer since the prior review;
c. There is no new information available that is applicable to any
critical area review of the site or particular critical area;
d. The permit or approval has not expired or, if no expiration date, no
more than five years have elapsed since the issuance of that
permit or approval; and
e. Compliance with any standards or conditions placed upon the prior
permit or approval has been achieved or secured;
2. Modification to existing structures. Structural modification of, addition
to, or replacement of an existing legally constructed structure that
does not further alter or increase the impact to the critical area or
buffer and there is no increased risk to life or property as a result of
Agenda Item 8. a. Unified Development Code
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the proposed modification or replacement; provided, that restoration
of structures substantially damaged by fire, flood, or act of nature
must be initiated within 18 months of the date of such damage, as
evidenced by the issuance of a valid building permit, and diligently
pursued to completion;
3. Activities
within
the
improved
right-of-way.
Replacement,
modification, installation, or construction of utility facilities, lines,
pipes, mains, equipment, or appurtenances, not including
substations, when such facilities are located within the improved
portion of the public right-of-way or a City-authorized private
roadway except those activities that alter a wetland or watercourse,
such as culverts or bridges, or result in the transport of sediment or
increased stormwater, subject to the following:
a. Critical area and/or buffer widths shall be increased, where
possible, equal to the width of the right-of-way improvement,
including disturbed areas; and
b. Retention and replanting of native vegetation shall occur wherever
possible along the right-of-way improvement and resulting
disturbance. Native vegetation includes plant species that are
indigenous to the area in question.
c. Removal of invasive species.
4. Minor utility projects. Utility projects which have minor or shortduration impacts to critical areas, as determined by the administrator
in accordance with the criteria below, and which do not significantly
impact the function or values of a critical area(s); provided, that such
projects are constructed with best management practices and
additional restoration measures are provided. Minor activities shall
not result in the transport of sediment or increased stormwater. Such
allowed minor utility projects shall meet the following criteria:
a. There is no practical alternative to the proposed activity with less
impact on critical areas;
b. The activity involves the placement of a utility pole, street signs,
anchor, or vault or other small component of a utility facility; and
c. The activity involves disturbance of an area less than 75 square
feet;
5. Public and private pedestrian trails. Public and private pedestrian
trails, except in wetlands, fish and wildlife habitat conservation areas,
or their buffers, subject to the following:
a. The trail surface shall meet all other requirements including water
quality standards set forth in the [locally adopted stormwater
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management regulations];
b. Critical area and/or buffer widths shall be increased, where
possible, equal to the width of the trail corridor, including disturbed
areas; and
c. Trails proposed to be located in landslide or erosion hazard areas
shall be constructed in a manner that does not increase the risk of
landslide or erosion and in accordance with an approved
geotechnical report;
6. Select vegetation removal activities. The following vegetation removal
activities; provided, that no vegetation shall be removed from a
critical area or its buffer without approval from the administrator:
a. The removal of the following vegetation with hand labor, light
equipment or regulated grazing:
i. Invasive and noxious weeds;
ii. English ivy (Hedera helix);
iii. Himalayan blackberry (Rubus discolor, R. procerus);
iv. Evergreen blackberry (Rubus laciniatus); and
v. Scotch broom (Cytisus scoparius)
b. The removal of trees from critical areas and buffers that are
hazardous, posing a threat to public safety or posing an imminent
risk of damage to private property; provided, that:
i. The applicant submits a report from a certified arborist,
registered landscape architect, or professional forester that
documents the hazard and provides a replanting schedule for
the replacement trees;
ii. Tree cutting shall be limited to pruning and crown thinning,
unless otherwise justified by a qualified professional. Where
pruning or crown thinning is not sufficient to address the
hazard, trees should be removed or converted to wildlife snags;
iii. All vegetation cut (tree stems, branches, etc.) shall be left
within the critical area or buffer unless removal is warranted
due to the potential for disease or pest transmittal to other
healthy vegetation;
iv. The landowner shall replace any trees that are removed with
new trees at a ratio of two replacement trees for each tree
removed (2:1) within one year in accordance with an approved
restoration plan. Replacement trees may be planted at a
different nearby location if it can be determined that planting in
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the same location would create a new hazard or potentially
damage the critical area. Replacement trees shall be species
that are native and indigenous to the site and a minimum of one
inch in diameter-at-breast height (dbh) for deciduous trees and
a minimum of six feet in height for evergreen trees as
measured from the top of the root ball;
v. If a tree to be removed provides critical habitat, such as an
eagle perch, a qualified wildlife biologist shall be consulted to
determine timing and methods or removal that will minimize
impacts; and
vi. Hazard trees determined to pose an imminent threat or danger
to public health or safety, to public or private property, or of
serious environmental degradation may be removed or pruned
by the landowner prior to receiving written approval from the
City; provided, that within 14 days following such action, the
landowner shall submit a restoration plan that demonstrates
compliance with the provisions of this chapter.
c. Measures to control a fire or halt the spread of disease or
damaging insects consistent with the state Forest Practices Act;
Chapter 76.09 RCW; provided, that the removed vegetation shall
be replaced in-kind or with similar native species within one year in
accordance with an approved restoration plan; and
d. Unless otherwise provided, or as a necessary part of an approved
alteration, removal of any vegetation or woody debris from a
habitat conservation area or wetland shall be prohibited;
7. Chemical applications. The application of herbicides, pesticides,
organic or mineral-derived fertilizers, or other hazardous substances,
if necessary, as approved by the City; provided, that their use shall
be restricted in accordance with State Department of Fish and Wildlife
Management recommendations and the regulations of the State
Department of Agriculture and the U.S. Environmental Protection
Agency;
8. Minor site investigative work. Work necessary for land use submittals,
such as surveys, soil logs, percolation tests, and other related
activities, where such activities do not require construction of new
roads or significant amounts of excavation. In every case, impacts to
the critical area shall be minimized and disturbed areas shall be
immediately restored; and
9. Navigational aids and boundary markers. Construction or modification
of navigational aids and boundary markers.
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18.21.050 General critical area protective measures
A. Critical area markers and signs.
1. The boundary at the outer edge of critical area tracts and easements
shall be delineated with permanent survey stakes as established by
local survey standards.
2. The boundary at the outer edge of the critical area or buffer shall be
identified with temporary signs prior to any site alteration. Such
temporary signs shall be replaced with permanent signs prior to
occupancy or use of the site.
3. These provisions may be modified by the administrator as necessary
to ensure protection of sensitive features or wildlife needs.
B. Financial guarantee to ensure mitigation, maintenance, and monitoring.
1. When mitigation required pursuant to a development proposal is not
completed prior to the City final permit approval, such as final plat
approval or final building inspection, the City shall require the
applicant to post a financial guarantee in a form and amount deemed
acceptable by the City. If the development proposal is subject to
mitigation, the applicant shall post a financial guarantee security in a
form and amount deemed acceptable by the City to ensure mitigation
is fully functional.
2. The bond shall be in the amount of 150 percent of the estimated cost
of the uncompleted actions or the estimated cost of restoring the
functions and values of the critical area that are at risk, whichever is
greater.
3. The bond shall be in the form of an assignment of savings account in
the City trust fund.
4. Financial guarantees shall remain in effect until the City determines in
writing, that the standards bonded for have been met. Bonds or other
security shall be held by the City for a minimum of five years to
ensure that the required mitigation has been fully implemented and
demonstrated to function, and may be held for longer periods when
necessary.
5. Depletion, failure, or collection of bond funds shall not discharge the
obligation of an applicant or violator to complete required mitigation,
maintenance, monitoring, or restoration.
6. Public development proposals shall be relieved from having to comply
with the bonding requirements of this section if public funds have
previously been committed for mitigation, maintenance, monitoring,
or restoration.
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7. Any failure to satisfy critical area requirements established by law or
condition including, but not limited to, the failure to provide a
monitoring report within 30 days after it is due or comply with other
provisions of an approved mitigation plan shall constitute a default,
and the City may demand payment of any financial guarantees or
require other action authorized by the City code or any other law.
8. Any funds recovered pursuant to this section shall be used to
complete the required mitigation.
C. Critical area Inspections. Reasonable access to the site shall be provided
to the City, state, and federal agency review staff for the purpose of
inspections during any proposal review, restoration, emergency action,
or monitoring period.
18.21.060 Wetlands
A. Designating wetlands. Wetlands are those areas, designated in
accordance with the Washington State Wetland Identification and
Delineation Manual (1997), that are inundated or saturated by surface or
ground water at a frequency and duration sufficient to support, and that
under normal circumstances do support, a prevalence of vegetation
adapted for life in saturated soil conditions. All areas within the City
meeting the wetland designation criteria in the Identification and
Delineation Manual, regardless of any formal identification, are hereby
designated critical areas and are subject to the provisions of this chapter.
B. Wetland ratings. Wetlands shall be rated according to the Washington
State Department of Ecology (Ecology) wetland rating system found in
the Washington State Wetland Rating System documents or as revised
by Ecology.
1. Wetland rating categories.
a. Category I. Category I wetlands are those that:
i. Represent a unique or rare wetland type; or
ii. Are more sensitive to disturbance than most wetlands; or
iii. Are relatively undisturbed and contain ecological attributes that
are impossible to replace within a human lifetime; or
iv. Provide a high level of functions. These include estuarine
wetlands, natural heritage wetlands, bogs, mature and oldgrowth forested wetlands, wetlands in coastal lagoons and
wetlands that score more than 70 points in the 2004 rating
system.
b. Category II. Category II wetlands are difficult, though not
impossible, to replace, and provide high levels of some functions.
Agenda Item 8. a. Unified Development Code
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Category II wetlands in western Washington include wetlands
scoring between 51 and 69 points in the 2004 rating system.
c. Category III. Category III wetlands are those with a moderate
level of functions (scores between 30 and 50 points). Wetlands
scoring between 30 and 50 points generally have been disturbed in
some ways and are often less diverse or more isolated from other
natural resources in the landscape than Category II wetlands.
d. Category IV. Category IV wetlands have the lowest levels of
functions (scores less than 30 points) and are often heavily
disturbed.
2. Date of wetland rating. Wetland rating categories shall be applied as
the wetland exists on the date of adoption of the rating system by the
local government, as the wetland naturally changes thereafter, or as
the wetland changes in accordance with permitted activities. Wetland
rating categories shall not change due to illegal modifications.
C. Mapping. The approximate location and extent of wetlands are shown on
the critical area maps prepared by the Community Development
Department. These maps are to be used as a guide for the City, project
applicants, and/or property owners, and may be continuously updated as
new critical areas are identified. They are a reference and do not provide
a final critical area designation.
The exact location of a wetland's boundary shall be determined through
the performance of a field investigation by a qualified professional
wetland scientist applying the Washington State Wetlands Identification
and Delineation Manual as required by Section 36.70A.175 RCW.
D. Activities allowed in wetlands. The activities listed below are allowed in
wetlands in addition to those activities listed in, and consistent with, the
provisions established in allowed activities, and do not require
submission of a critical area report, except where such activities result in
a loss to the functions and values of a wetland or wetland buffer. These
activities include:
1. Conservation or preservation of soil, water, vegetation, fish, shellfish,
and other wildlife that does not entail changing the structure or
functions of the existing wetland.
2. The harvesting of wild crops in a manner that is not injurious to
natural reproduction of such crops and provided the harvesting does
not require tilling of soil, planting of crops, chemical applications, or
alteration of the wetland by changing existing topography, water
conditions, or water sources.
3. Drilling for utilities under a wetland; provided that the drilling does
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not interrupt the ground water connection to the wetland or
percolation of surface water down through the soil column. Specific
studies by a hydrologist are necessary to determine whether the
ground water connection to the wetland or percolation of surface
water down through the soil column is disturbed.
4. Enhancement of a wetland through the removal of nonnative invasive
species. Weeding shall be restricted to hand removal and weed
material shall be removed from the site. Bare areas that remain after
weed removal shall be re-vegetated with native shrubs and trees at
natural densities. Some hand seeding may also be done over the bare
areas with native herbs.
E. Wetland analysis.
1. A written assessment and accompanying maps of the wetlands and
buffers within 300 feet of the project area, including the following
information at a minimum:
a. Wetland delineation and required buffers;
b. Existing wetland acreage;
c. Wetland category;
d. Vegetative, faunal, and hydrologic characteristics;
e. Soil and substrate conditions;
f. Topographic elevations, at two-foot contours; and
g. A discussion of the water sources supplying the wetland and
documentation of hydrologic regime (locations of inlet and outlet
features, water depths throughout the wetland, evidence of
recharge or discharge, evidence of water depths throughout the
year: drift lines, algal layers, moss lines, and sediment deposits).
2. A discussion of measures, including avoidance, minimization, and
mitigation, proposed to preserve existing wetlands and restore any
wetlands that were degraded prior to the current proposed land use
activity.
3. A habitat and native vegetation conservation strategy that addresses
methods to protect and enhance on-site habitat and wetland
functions.
4. Functional evaluation for the wetland and adjacent buffer using a
local or state agency staff-recognized method and including the
reference of the method and all data sheets.
5. Proposed mitigation, if needed, including a written assessment and
accompanying maps of the mitigation area, including the following
Agenda Item 8. a. Unified Development Code
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information at a minimum:
a. Existing and proposed wetland acreage;
b. Vegetative and faunal conditions;
c. Surface and subsurface hydrologic conditions including an analysis
of existing and future hydrologic regime and proposed hydrologic
regime for enhanced, created, or restored mitigation areas;
d. Relationships within watershed and to existing water bodies;
e. Soil and substrate conditions, topographic elevations;
f. Existing and proposed adjacent site conditions;
g. Required wetland buffers (including any buffer reduction and
mitigation proposed to increase the plant densities, remove weedy
vegetation, and replant the buffers);
h. Property ownership; and
i. Associated wetlands and related wetlands that may be greater than
300 feet from the subject project.
6. A scale map of the development proposal site and adjacent area. A
discussion of ongoing management practices that will protect
wetlands after the project site has been developed; including
proposed monitoring and maintenance programs.
7. A bond estimate for the installation (including site preparation, plant
materials and installation, fertilizers, mulch, stakes) and the proposed
monitoring and maintenance work for the required number of years.
8. Title Notification. All activity in critical area protection areas shall be
accompanied by a chapter.
F. Wetland performance standards – general requirements.
1. Activities may only be permitted in a wetland or wetland buffer if the
applicant can show that the proposed activity will not degrade the
functions and functional performance of the wetland and other critical
areas.
2. Activities and uses shall be prohibited in wetlands and wetland
buffers, except as provided for in this chapter.
3. Category I wetlands. Activities and uses shall be prohibited from
Category I wetlands, except as provided for in the public agency and
utility exception, reasonable use exception, and variance sections of
this chapter.
4. Category II and III wetlands.
a. Water-dependent activities may be allowed where there are no
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practicable alternatives that would have a less adverse impact on
the wetland, its buffers and other critical areas.
b. Where non-water-dependent activities are proposed, it shall be
presumed that alternative locations are available, and activities
and uses shall be prohibited, unless the applicant demonstrates
that:
i. The basic project purpose cannot reasonably be accomplished
and successfully avoid, or result in less adverse impact on, a
wetland on another site or sites in the general region; and
ii. All alternative designs of the project as proposed, that would
avoid or result in less of an adverse impact on a wetland or its
buffer, such as a reduction in the size, scope, configuration, or
density of the project, are not feasible.
5. Category IV wetlands. Activities and uses that result in unavoidable
and necessary impacts may be permitted in Category IV wetlands
and associated buffers in accordance with an approved critical area
report and mitigation plan, and only if the proposed activity is the
only reasonable alternative that will accomplish the applicant's
objectives. Full compensation for the acreage and loss functions will
be provided.
6. Wetland buffers.
a. Standard buffer widths. The standard buffer widths presume the
existence of a relatively intact native vegetation community in the
buffer zone adequate to protect the wetland functions and values
at the time of the proposed activity. If the vegetation is
inadequate, then the buffer width shall be increased or the buffer
should be planted to maintain the standard width. Required
standard wetland buffers, based on wetland category and land use
intensity, are as follows:
i. Category I:
Natural Heritage Wetlands
250 feet
Bogs
250 feet
High level of function for habitat (score of 29 –
36 points)
Moderate level of function for habitat (score of
20-28 points)
300 feet
High level of function for water quality
improvement (24- 32 points) and low for habitat
(less than 20 points)
100 feet
150 feet
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Not meeting any other characteristics
100 feet
ii. Category II:
High level of function for habitat (score of 29 –
36 points)
300 feet
Moderate level of function for habitat (score of
20 – 28 points)
150 feet
High level of function for water quality
improvement and low for habitat (score for
water quality 24-32 points and habitat less than
20 points)
100 feet
Not meeting any other characteristics
100 feet
iii. Category III:
Moderate level of function for habitat (score of
20 – 28 points)
150 feet
Not meeting above characteristic
80 feet
iv. Category IV:
Score for all three basic functions less than 30
points
50 feet
b. Measurement of wetland buffers. All buffers shall be measured
from the wetland boundary as surveyed in the field. The width of
the wetland buffer shall be determined according to the wetland
category and the proposed land use. The buffer for a wetland
created, restored, or enhanced as compensation for approved
wetland alterations shall be the same as the buffer required for the
category of the created, restored, or enhanced wetland. Only fully
vegetated buffers will be considered. Lawns, walkways, driveways,
and other mowed or paved areas will not be considered buffers.
c. Increased wetland Buffer widths. The administrator shall require
increased buffer widths in accordance with the recommendations of
an experienced, qualified professional wetland scientist, and the
best available science on a case-by-case basis when a larger buffer
is necessary to protect wetland functions and values based on sitespecific characteristics. This determination shall be based on one or
more of the following criteria:
i. A larger buffer is needed to protect other critical areas;
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ii. The buffer or adjacent uplands has a slope greater than 15
percent or is susceptible to erosion and standard erosion-control
measures will not prevent adverse impacts to the wetland; or
iii. The buffer area has minimal vegetative cover. In lieu of
increasing the buffer width where existing buffer vegetation is
inadequate to protect the wetland functions and values,
implementation of a buffer planting plan may substitute. Where
a buffer planting plan is proposed, it shall include densities that
are not less than three feet on center for shrubs and eight feet
on center for trees and require monitoring and maintenance to
ensure success. Existing buffer vegetation is considered
“inadequate” and will need to be enhanced through additional
native plantings and (if appropriate) removal of nonnative plants
when: (1) nonnative or invasive plant species provide the
dominant cover, (2) vegetation is lacking due to disturbance and
wetland resources could be adversely affected, or (3)
enhancement plantings in the buffer could significantly improve
buffer functions.
d. Wetland buffer width averaging. The administrator may allow
modification of the standard wetland buffer width in accordance
with an approved critical area report and the best available science
on a case-by-case basis by averaging buffer widths. Averaging of
buffer widths may only be allowed where a qualified professional
wetland scientist demonstrates that:
i. It will not reduce wetland functions or functional performance;
iii. The wetland contains variations in sensitivity due to existing
physical characteristics or the character of the buffer varies in
slope, soils, or vegetation, and the wetland would benefit from a
wider buffer in places and would not be adversely impacted by a
narrower buffer in other places;
iv. The total area contained in the buffer area after averaging is no
less than that which would be contained within the standard
buffer; and
v. The buffer width is not reduced to less than 75 percent of the
standard width or 35 feet.
e. Buffer consistency. All mitigation sites shall have buffers consistent
with the buffer requirements of this chapter.
f. Buffer maintenance.
accordance with this
an undisturbed or
nonnative weeds is
Except as otherwise specified or allowed in
chapter, wetland buffers shall be retained in
enhanced condition. Removal of invasive
required for the duration of the mitigation
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bond.
g. Buffer uses. The following uses may be permitted within a wetland
buffer in accordance with the review procedures of this chapter;
provided they are not prohibited by any other applicable law and
they are conducted in a manner so as to minimize impacts to the
buffer and adjacent wetland:
i. Conservation and Restoration Activities.
restoration activities aimed at protecting
vegetation, or wildlife.
Conservation or
the soil, water,
ii. Passive Recreation. Passive recreation facilities designed and in
accordance with an approved critical area report.
G. Performance standards – compensatory mitigation requirements.
Compensatory mitigation for alterations to wetlands shall achieve
equivalent or greater biologic functions. Compensatory mitigation plans
shall be consistent with the state Department of Ecology Guidelines for
Developing Freshwater Wetlands Mitigation Plans and Proposals, 1994, as
revised.
1. Mitigation shall be required in the following order of preference:
a. Avoiding the impact altogether by not taking a certain action or
parts of an action.
b. Minimizing impacts by limiting the degree or magnitude of the
action and its implementation, by using appropriate technology, or
by taking affirmative steps to avoid or reduce impacts.
c. Rectifying the impact by repairing, rehabilitating, or restoring the
affected environment.
d. Reducing or eliminating the impact over time by preservation and
maintenance operations.
e. Compensating for the impact by replacing, enhancing, or providing
substitute resources or environments.
2. Mitigation for lost or affected functions. Compensatory mitigation
actions shall address functions affected by the alteration to achieve
functional equivalency or improvement and shall provide similar
wetland functions as those lost, except when:
a. The lost wetland provides minimal functions as determined by a
site-specific function assessment, and the proposed compensatory
mitigation action(s) will provide equal or greater functions or will
provide functions shown to be limiting within a watershed through
a formal Washington State watershed assessment plan or protocol;
or
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b. Out-of-kind replacement will best meet formally identified
watershed goals, such as replacement of historically diminished
wetland types.
3. Preference of mitigation actions. Mitigation actions that require
compensation by replacing, enhancing, or substitution shall occur in
the following order of preference:
a. Restoring wetlands on upland sites that were formerly wetlands.
b. Creating wetlands on disturbed upland sites such as those with
vegetative cover consisting primarily of nonnative introduced
species. This should only be attempted when there is a consistent
source of hydrology and it can be shown that the surface and
subsurface hydrologic regime is conducive for the wetland
community that is being designed.
c. Enhancing significantly degraded wetlands in combination with
restoration or creation. Such enhancement should be part of a
mitigation package that includes replacing the impacted area
meeting appropriate ratio requirements.
4. Type and location of mitigation. Unless it is demonstrated that a
higher level of ecological functioning would result from an alternate
approach, compensatory mitigation for ecological functions shall be
either in-kind and on-site, or in-kind and within the same stream
reach, sub basin, or drift cell. Mitigation actions shall be conducted
within the same sub drainage basin and on the site as the alteration
except when the all of the following apply:
a. There are no reasonable on-site or in-sub drainage basin
opportunities or on-site and in-sub drainage basin opportunities do
not have a high likelihood of success, after a determination of the
natural capacity of the site to mitigate for the impacts.
Consideration should include: anticipated wetland mitigation
replacement ratios, buffer conditions and proposed widths,
hydrogeomorphic classes of on-site wetlands when restored,
proposed flood storage capacity, potential to mitigate riparian fish
and wildlife impacts (such as connectivity);
b. Off-site mitigation has a greater likelihood of providing equal or
improved wetland functions than the impacted wetland; and
c. Off-site locations shall be in the same sub drainage basin unless:
i. Established watershed goals for water quality, flood or
conveyance, habitat, or other wetland functions have been
established and strongly justify location of mitigation at another
site; or
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ii. Credits from a state certified wetland mitigation bank are used
as mitigation and the use of credits is consistent with the terms
of the bank's certification.
5. Mitigation timing. Mitigation projects shall be completed with an
approved monitoring plan prior to activities that will disturb wetlands.
In all other cases, mitigation shall be completed immediately
following disturbance and prior to use or occupancy of the activity or
development. Construction of mitigation projects shall be timed to
reduce impacts to existing fisheries, wildlife, and flora.
The administrator may authorize a one-time temporary delay, up to
120 days, in completing minor construction and landscaping when
environmental conditions could produce a high probability of failure or
significant construction difficulties. The delay shall not create or
perpetuate hazardous conditions or environmental damage or
degradation, and the delay shall not be injurious to the health,
safety, and general welfare of the public. The request for the
temporary delay must include a written justification that documents
the environmental constraints that preclude implementation of the
mitigation plan. The justification must be verified and approved by
the City and include a financial guarantee.
6. Mitigation ratios.
a. Acreage replacement ratios. The following ratios shall apply to
creation or restoration that is in-kind, is on-site, is the same
category, is timed prior to or concurrent with alteration, and has a
high probability of success. These ratios do not apply to remedial
actions resulting from unauthorized alterations; greater ratios shall
apply in those cases. These ratios do not apply to the use of credits
from a state certified wetland mitigation bank. When credits from a
certified bank are used, replacement ratios should be consistent
with the requirements of the bank's certification. The first number
specifies the acreage of replacement wetlands and the second
specifies the acreage of wetlands altered.
Category
Category
Category
Category
I
II
III
IV
6-to-1
3-to-1
2-to-1
1.5-to-1
b. Increased replacement ratio. The administrator may increase the
ratios under the following circumstances:
i. Uncertainty exists as to the probable success of the proposed
restoration or creation;
ii. A significant period of time will elapse between impact and
Agenda Item 8. a. Unified Development Code
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replication of wetland functions;
c. Proposed mitigation will result in a lower category wetland or
reduced functions relative to the wetland being impacted; or
d. The impact was an unauthorized impact.
7. Wetlands enhancement as mitigation.
a. Impacts to wetland functions may be mitigated by enhancement of
existing significantly degraded wetlands, but must be used in
conjunction with restoration and/or creation. Applicants proposing
to enhance wetlands must produce a critical area report that
identifies how enhancement will increase the functions of the
degraded wetland and how this increase will adequately mitigate
for the loss of wetland area and function at the impact site. An
enhancement proposal must also show whether existing wetland
functions will be reduced by the enhancement actions.
b. At a minimum, enhancement acreage shall be double the acreage
required for creation or restoration. The ratios shall be greater
than double the required acreage where the enhancement proposal
would result in minimal gain in the performance of wetland
functions and/or result in the reduction of other wetland functions
currently being provided in the wetland.
c. Mitigation ratios for enhancement in combination with other forms
of mitigation shall range from 6:1 to 3:1 and be limited to Class III
and Class IV wetlands.
H. Performance standards – land divisions. The division, redivision, or
adjusting of boundary lines of land in wetlands and associated buffers is
subject to the following:
1. Land that is located wholly within a wetland or its buffer may not be
subdivided.
2. Land that is located partially within a wetland or its buffer may be
subdivided; provided, that an accessible and contiguous portion of
each new lot is:
a. Located outside of the wetland and its buffer; and
b. Meets the minimum lot size requirements of [locally adopted
zoning dimensions].
3. Access roads and utilities serving the proposed subdivision may be
permitted within the wetland and associated buffers only if the City
determines that no other feasible alternative exists and when
consistent with this chapter.
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18.21.070 Critical aquifer recharge areas
A. Critical aquifer recharge areas designation. Critical aquifer recharge
areas are those areas with a critical recharging effect on aquifers used
for potable water as defined by Section 365-190-030(2) WAC. A critical
aquifer recharge area has prevailing geologic conditions associated with
infiltration rates that create a high potential for contamination of ground
water resources or contribute significantly to the replenishment of
ground water.
B. Designation of critical aquifer recharge areas. The entire City of Yelm and
its urban growth area is identified as a highly susceptible critical aquifer
recharge area.
C. Performance standards – general requirements.
1. Activities may only be permitted in a critical aquifer recharge area if
the applicant can show that the proposed activity will not cause
contaminants to enter the aquifer and that the proposed activity will
not adversely affect the recharging of the aquifer.
2. The proposed activity must comply with the water source protection
requirements and recommendations of the U.S. Environmental
Protection Agency, Washington State Department of Health, and the
Thurston County Environmental Health Division.
3. All new development, redevelopment, and small parcel development
shall meet the water quality requirements of the stormwater manual
as adopted by the City of Yelm.
D. Performance standards – specific uses.
1. Storage tanks. All storage tanks proposed to be located in a critical
aquifer recharge area must comply with local building code
requirements and must conform to the following requirements:
a. Underground tanks. All new underground storage facilities
proposed for use in the storage of hazardous substances or
hazardous wastes shall be designed and constructed so as to:
i. Prevent releases due to corrosion or structural failure for the
operational life of the tank;
ii. Be protected against corrosion, constructed of noncorrosive
material, steel clad with a noncorrosive material, or designed to
include a secondary containment system to prevent the release
or threatened release of any stored substances; and
iii. Use material in the construction or lining of the tank that is
compatible with the substance to be stored.
b. Aboveground
tanks.
All
new
aboveground
storage
facilities
Agenda Item 8. a. Unified Development Code
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proposed for use in the storage of hazardous substances or
hazardous wastes shall be designed and constructed so as to:
i. Not allow the release of a hazardous substance to the ground,
ground waters, or surface waters;
ii. Have a primary containment area enclosing or underlying the
tank or part thereof; and
iii. A secondary containment system either built into the tank
structure or a dike system built outside the tank for all tanks.
2. Vehicle repair and servicing.
a. Vehicle repair and servicing must be conducted over impermeable
pads and within a covered structure capable of withstanding
normally expected weather conditions. Chemicals used in the
process of vehicle repair and servicing must be stored in a manner
that protects them from weather and provides containment should
leaks occur.
b. No dry wells shall be allowed in critical aquifer recharge areas on
sites used for vehicle repair and servicing. Dry wells existing on the
site prior to facility establishment must be abandoned using
techniques approved by the state Department of Ecology prior to
commencement of the proposed activity.
3. Use of reclaimed water for surface percolation or direct recharge.
Water reuse projects for reclaimed water must be in accordance with
the adopted water or sewer Comprehensive Plans that have been
approved by the state Departments of Ecology and Health.
a. Use of reclaimed water for surface percolation must meet the
ground water recharge criteria given in Sections 90.46.010(10)
and 90.46.080(1) RCW. The state department of ecology may
establish additional discharge limits in accordance with Section
90.46.080(2) RCW.
b. Direct injection must be in accordance with the
developed by authority of Section 90.46.042 RCW.
standards
18.21.080 Frequently flooded areas
A. Designation of frequently flooded areas. Frequently flooded areas shall
include areas identified by the Flood Insurance Rate Map(s) and areas
mapped by Thurston County as high ground water flood hazard areas.
The flood insurance maps and high ground water maps are hereby
adopted by reference, declared part of this chapter, and are available for
public review at the City.
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B. Flood elevation data. When base flood elevation data is not available (A
and V zones), the administrator shall obtain, review, and reasonably
utilize any base flood elevation and floodway data available from a
federal, state, or other official source, in order to administer this chapter.
C. Maintenance of records. Where base flood elevation data is provided
through the flood insurance study or required through this chapter, the
administrator shall obtain and record the flood elevation certificates of all
new or substantially improved structures, and whether or not the
structure contains a basement. The administrator shall also maintain for
public inspection all records of floodplain hazards, certificates of flood
proofing, and flood elevation data.
D. Performance standards – general requirements. The following standards
shall be adhered to in all frequently flooded areas, except as otherwise
provide for in this chapter.
1. Approval of work in a frequently flooded area. Prior to any clearing,
grading, dumping, drilling, dredging, filling, or the construction or
reconstruction of any structure, the City shall have approved through
the underlying permit or through approval of a critical areas report
that the standards for development within a frequently flooded area
have been met.
2. No activity within a frequently flooded area shall increase the base
flood elevation.
E. Performance standards – general requirements in FEMA Designated 100Year Floodplain.
1. Structures shall be located outside the floodplain. All structures,
utilities, and other improvements shall be located on the buildable
portion of the site out of the floodplain unless there is no buildable
site area out of the floodplain. For sites with no buildable area out of
the floodplain, structures, utilities, and other improvements shall be
placed on the highest land on the site, oriented parallel to flow rather
than perpendicular, and sited as far from the watercourse and other
critical areas as possible. If the administrator detects any evidence of
active hyporheic exchange on a site, the development shall be
located to minimize disruption of such exchange.
2. Methods that minimize flood damage. All new construction and
substantial improvements shall be constructed using flood resistant
materials and using methods and practices that minimize flood
damage.
3. Utility protection. Electrical, heating, ventilation, plumbing, airconditioning equipment, and other service facilities shall be designed
and/or otherwise elevated or located so as to prevent water from
Agenda Item 8. a. Unified Development Code
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entering or accumulating within the components during conditions of
flooding.
4. Elevation certificate following construction. Following construction of
a structure within the floodplain where the base flood elevation is
provided, the applicant shall obtain an elevation certificate that
records the elevation of the lowest floor. The elevation certificate
shall be completed by a surveyor or engineer licensed in the state of
Washington and shall be submitted to the City for recording.
5. Anchoring.
a. Anchoring requirement. All new construction and substantial
improvements within the floodplain shall be anchored to prevent
flotation, collapse, or lateral movement of the structure.
b. Manufactured homes. All manufactured homes placed within the
floodplain must be anchored to prevent flotation, collapse, or
lateral movement and shall be installed using methods and
practices that minimize flood damage. Anchoring methods may
include, but are not limited to, use of over-the-top or frame ties to
ground anchors (reference FEMA P-85 :protecting Manufactured
Homes from Floods and Other Hazards” guidebook for additional
techniques).
6. Fill and grading. Fill and grading with the floodplain shall only occur
after a determination that the fill or grading will not block side
channels, inhibit channel migration, increase the base flood elevation,
or be within a channel migration zone.
F. Performance standards – specific uses in the FEMA designated 100-Year
floodplain. Specific uses shall adhere to the following relevant standards,
in addition to the general standards.
1. Divisions of land.
a. All new divisions of land, including subdivisions, short subdivisions,
boundary line adjustments, binding site plans, and master planned
communities shall not create any building lot for commercial or
residential purposes with any portion within the floodplain.
b. Floodplain areas shall be dedicated as open space.
c. No infrastructure required for the subdivision with the exception of
utility transport lines identified by the appropriate utility capital
facilities plan shall be located within the floodplain.
d. Subdivisions and short subdivisions shall be designed to minimize
or eliminate flood damage and impacts to floodplain functions and
values. Public utilities and facilities that are installed as part of
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such subdivisions, such as sewer, gas, electrical, and water
systems, shall be located and constructed to also minimize flood
damage and impacts to floodplain functions and values.
Subdivisions should be designed using natural features of the
landscape and should not incorporate flood protection changes.
e. Subdivisions and short subdivisions shall have adequate natural
surface water drainage to reduce exposure to flood hazards; and
f. Subdivisions and short subdivisions shall show the 100-year
floodplain, floodway, and channel migration zone on the
preliminary and final plat and short plat maps and designate such
areas as “no build,” when applicable.
2. Utilities.
a. Infiltration of flood waters. All new and replacement water supply
systems shall be designed to minimize or eliminate infiltration of
flood waters into the systems.
b. Sanitary sewage systems. New and replacement sanitary sewage
systems shall be designed to minimize or eliminate infiltration of
flood waters into the systems and discharges from the systems
into flood waters.
c. On-site waste disposal systems. On-site waste disposal systems
shall be located to avoid impairment to them or contamination
from them during flooding. New on-site sewage disposal systems
are prohibited within the floodplain.
3. Residential construction on lots created prior to 1999.
a. Must be above base flood elevation. New construction and
substantial improvement of any residential structure shall have the
lowest floor, including basement, elevated one foot or more above
the base flood elevation.
b. Areas below the lowest floor. Fully enclosed areas below the lowest
floor that are subject to flooding shall only be allowed when
designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a
registered professional engineer or architect or must meet or
exceed the following minimum criteria:
i. A minimum of two openings having a total net area of not less
than one square inch for every square foot of enclosed area
subject to flooding shall be provided;
ii. The bottom of all openings shall be no higher than one foot
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above grade; and
iii. Openings may be equipped with screens, louvers, or other
coverings or devices; provided that they permit the automatic
entry and exit of floodwaters.
c. Manufactured homes must be elevated. All manufactured homes
to be placed or substantially improved shall be elevated on a
permanent foundation such that the lowest floor of the
manufactured home is elevated one foot or more above the base
flood elevation and be securely anchored to an adequately
anchored foundation system to resist flotation, collapse, and
lateral movement.
4. Nonresidential construction on lots created prior to 1999.
a. Above base flood elevation. New construction and substantial
improvement of any commercial, industrial, or other nonresidential
structure shall either have the lowest floor, including basement,
elevated one foot or more above the base flood elevation, or,
together with attendant utility and sanitary facilities, shall:
i. Be floodproofed so that below one foot or more above the base
flood level the structure is watertight with walls substantially
impermeable to the passage of water;
ii. Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
iii. Be certified by a registered professional engineer or architect
that the design and methods of construction are in accordance
with accepted standards of practice for meeting provisions of this
subsection based on their development and/or review of the
structural design, specifications, and plans.
b. Areas below the lowest floor. Fully enclosed areas below the lowest
floor that are not floodproofed shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for
the entry and exit of floodwaters. Designs for meeting this
requirement must either be certified by a registered professional
engineer or architect, or must meet or exceed the following
minimum criteria:
i. A minimum of two openings having a total net area of not less
than one square inch for every square foot of enclosed area
subject to flooding shall be provided;
ii. The bottom of all openings shall be no higher than one foot
above grade; and
Agenda Item 8. a. Unified Development Code
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iii. Openings may be equipped with screens, louvers, or other
coverings or devices; provided that they permit the automatic
entry and exit of floodwaters.
G. Performance standards – general requirements in high ground water
hazard areas.
1. Flood elevations. The base flood elevation for high ground water flood
hazard areas corresponds to the elevation of the outer edge of the
high ground water flood hazard area.
2. Delineation of the base flood elevation. Applicants shall submit to the
approval authority hydrologic and hydrogeologic studies as necessary
to delineate the high ground water flood hazard area and the base
flood elevation.
3. No development shall locate within 50 feet, measured on a horizontal
plane, from the outer edge of the high ground water hazard area or
extending to a ground elevation two feet above the base flood
elevation, whichever is less.
4. The bottom of any infiltration facility for stormwater discharge shall
be located at least six feet above the base flood elevation.
H. Uses and activities prohibited from frequently flooded areas.
1. Critical facilities. Critical facilities are prohibited from frequently
flooded areas to prevent damage to such facilities, to avoid costs that
will be incurred by the public, and to maintain functionality of such
facilities during flood events. If such a prohibition is unreasonable, an
allowance for critical facilities in frequently flooded areas with the
following specific conditions:
a. Construction of new critical facilities shall be permissible within
frequently flooded areas if no feasible alternative site is available.
b. Critical facilities constructed within frequently flooded areas shall
have the lowest floor elevated three feet or more above the level
of the base flood elevation (100-year flood).
c. Floodproofing and sealing measures must be taken to ensure that
toxic substances will not be displaced by or released into flood
waters.
d. Access routes elevated to or above the level of the base flood
elevation shall be provided to all critical facilities to the extent
possible.
2. Wells used for potable water. Water wells shall be located on high
ground and are prohibited from being within the floodway.
3. On-site sewage disposal systems. On-site sewage disposal systems
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are prohibited from the floodway, the channel migration zone, and
the 10-year floodplain elevation.
18.21.090 Flood Damage Protection
A. The flood hazard areas of Yelm are subject to periodic inundation which
results in loss of life and property, health, and safety hazards, disruption
of commerce and governmental services, extraordinary public
expenditures for flood protection and relief and impairment of the tax
base, all of which adversely affect the public health, safety, and general
welfare.
These flood losses are caused by the cumulative effect of obstructions in
areas of special flood hazards which increase flood heights and velocities,
and when inadequately anchored, damage uses in other areas. Uses that
are inadequately floodproofed, elevated, or otherwise protected from
flood damage also contribute to the flood loss.
B. Methods of reducing flood losses. In order to accomplish its purposes,
this chapter includes methods and provisions for:
1. Restricting or prohibiting uses which are dangerous to health, safety,
and property due to water or erosion hazards, or which result in
damaging increases in erosion or in flood heights or velocities;
2. Requiring that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
3. Controlling the alteration of natural floodplains, stream channels, and
natural protective barriers, which help accommodate or channel
floodwaters;
4. Controlling filling, grading, and other development which may
increase flood damage; and
5. Preventing or regulating the construction of flood barriers which will
unnaturally divert floodwaters or may increase flood hazards in other
areas.
C. General provisions. Basis for establishing the areas of special flood
hazard. The areas of special flood hazard identified by the Federal
Insurance Administration in a scientific and engineering report entitled
“The Flood Insurance Study for Thurston County, Washington and
Incorporated Areas dated October 16, 2012,” as amended, with an
accompanying Flood Insurance Rate Map, as amended, are hereby
adopted by reference and declared to be a part of this chapter. The Flood
Insurance Study and the FIRM are on file at Yelm City Hall, 105 Yelm
Avenue West, Yelm, Washington. When base flood elevation data has not
been provided, the Community Development Department shall obtain
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and reasonably utilize any base flood elevation and floodway data
available from federal, state or other source.
D. Penalties for noncompliance. No structure or land shall hereafter be
constructed, located, extended, converted, or altered without full
compliance with the terms of this chapter and other applicable
regulations. Violation of the provisions of this chapter by failure to
comply with any of its requirements (including violations of conditions
and safeguards established in connection with conditions) shall constitute
a misdemeanor. Nothing herein contained shall prevent the City from
taking such other lawful action as is necessary to prevent or remedy any
violation.
E. Abrogation and greater restrictions. This chapter is not intended to
repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where this chapter and another ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
F. In the interpretation and application of this chapter, all provisions shall
be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body;
3. Deemed neither to limit nor repeal any other powers granted under
state statutes.
G. Warning and disclaimer of liability. The degree of flood protection
required by this chapter is considered reasonable for regulatory purposes
and is based on scientific and engineering considerations. Larger floods
can and will occur on rare occasions. Flood heights may be increased by
manmade or natural causes. This chapter does not imply that land
outside the areas of special flood hazards or uses permitted within such
areas will be free from flooding or flood damages. This chapter shall not
create liability on the part of the City, any officer or employee thereof, or
the Federal Insurance Administration, for any flood damages that result
from reliance on this chapter or any administrative decision lawfully
made hereunder.
H. The Community Development Department is appointed to administer and
implement this chapter by granting or denying development permit
applications in accordance with its provisions.
I.
Duties of the Community Development Department shall include, but not
be limited to:
1. Permit Review.
Agenda Item 8. a. Unified Development Code
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a. Review all development permits to determine that the permit
requirements of this chapter have been satisfied;
b. Review all development permits to determine that all necessary
permits have been obtained from those federal, state or local
governmental agencies from which prior approval is required;
c. Review all development permits to determine if the proposed
development is located in the floodway. If located in the floodway,
assure that the provisions of Chapter 18.21 YMC are met;
2. Information to be obtained and maintained.
a. Where base flood elevation data is provided through the Flood
Insurance Study or required as in subsection B of this section,
obtain and record the actual (as-built) elevation (in relation to
mean sea level) of the lowest floor, including basement, of all
new or substantially improved structures, and whether or not the
structure contains a basement;
b. For all new or substantially improved floodproofed nonresidential
structures where base flood elevation data is provided through
the FIS, FIRM, or as required in subsection B of this section:
i. Verify and record the actual elevation (in relation to mean sea
level) to which the structure was floodproofed; and
ii. Maintain the floodproofing certifications required in Section
18.11.080 YMC.
c. Maintain for public inspection all records pertaining to the
provisions of this chapter;
3. Alteration of watercourses.
a. Notify adjacent communities and the Washington State
Department of Ecology prior to any alteration or relocation of a
watercourse, and submit evidence of such notification to the
Federal Insurance Administration;
b. Require that maintenance is provided within the altered or
relocated portion of said watercourse so that the flood-carrying
capacity is not diminished;
4. Interpretation of FIRM boundaries. Make interpretations where
needed, as to exact location of the boundaries of the areas of special
flood hazards (for example, where there appears to be a conflict
between a mapped boundary and actual field conditions). The person
contesting the location of the boundary shall be given a reasonable
opportunity to appeal the interpretations provided in Section 18.14
YMC.
Agenda Item 8. a. Unified Development Code
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J.
Provisions for Flood hazard reduction
1. General standards.
In all areas of special flood hazards, the
standards set out in Section 18.21.080 YMC are required.
K. Water wells shall be located on high ground that is not in the floodway.
L. Subdivision proposals.
1. All subdivision proposals shall be consistent with the need to
minimize flood damage.
2. All subdivision proposals shall have public utilities and facilities such
as sewer, gas, electrical, and water systems located and constructed
to minimize flood damage.
3. All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood damage.
4. Where base flood elevation data has not been provided or is not
available from another authoritative source, it shall be generated for
subdivision proposals and other proposed developments which
contain at least 50 lots or five acres, whichever is less.
M. Review of building permits.
1. Where elevation data is not available either through the Flood
Insurance Study or from another authoritative source, applications
for building permits shall be reviewed to assure that proposed
construction will be reasonably safe from flooding. The test of
reasonableness is a local judgment and includes use of historical
data, high water marks, photographs of past flooding, etc., where
available. Failure to elevate at least two feet above grade in these
zones may result in higher insurance rates.
N. Tap-in restrictions.
1. Applicability. Tap-in restrictions apply to lands mapped by FEMA
(Federal Emergency Management Act) as 100-year floodplains,
identified as of RD (U.S. Department of Agriculture Rural
Development) funding obligation date, July 30, 1997. Tap-in
restrictions will be enforced to deny future sewer connections to the
system, when verification is not made by applicants that planned
improvements to properties requesting connection to the system will
be constructed outside the 100-year floodplain.
2. Exceptions. An exclusion to these tap-in restrictions will be granted
for:
a. All road and utility crossing set forth in the:
i. Yelm comprehensive transportation plan (August 1992),
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ii. Yelm water reuse project (July 1995),
iii. Yelm comprehensive water plan (August 1992), and
iv. The private utility planning for Yelm area (for electricity, gas,
telephone, cable), as excerpted in Appendix G to the Yelm
Comprehensive Plan (February 1995);
b. All property within the Thurston Highlands Southwest
conceptual master plan, as approved October 12, 1994;
Yelm
c. All lands identified after July 30, 1997 by FEMA as 100-year
floodplains;
d. Lots of record within the City as described and depicted in
Ordinance 595, dated January 8, 1997; and
e. Such other exceptions meeting the criteria identified in subsection
(C)(3) of this section.
2. Administration.
An applicant may request from the
administrative waiver of the tap-in restriction, where:
City an
a. It is necessary to meet the Yelm Comprehensive Plan goals and
policies, and
b. The development will not result in risk to persons or property
during periods of flood conditions.
3. If the City recommends a waiver, such recommendation shall be
submitted to RD where the decision on the waiver shall become final.
O. Nonresidential construction. All nonresidential construction shall have
structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy, and be certified by a registered
professional engineer or architect that the design and methods of
construction are in accordance with accepted standards of practice for
meeting provisions of this section based on their development and/or
review of the structural design, specifications and plans.
Applicants floodproofing nonresidential buildings shall be notified that
flood insurance premiums will be based on rates that are one foot below
the floodproofed level (e.g., a building floodproofed to one foot above the
base flood level will be rated as at the base flood level).
P. Critical facility. Construction of new critical facilities shall be, to the
extent possible, located outside the limits of the area of special flood
hazard. Construction of new or critical facilities shall be permissible
within the area of special flood hazard if no feasible alternative site is
available. Critical facilities constructed within the area of special flood
hazard shall have the lowest floor elevated to three feet or more above
the level of the base flood elevation at the site. Floodproofing and sealing
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measures must be taken to ensure that toxic substances will not be
displaced by or released into floodwaters. Access routes elevated to or
above the level of the base floodplain shall be provided to all critical
facilities to the extent possible.
Q. Recreational vehicles. Recreational vehicles placed on sites within zones
A1 through A30 and AE on the community’s FIRM shall either:
1. Be on the site for fewer than 14 consecutive days; and
2. Be fully licensed and ready for highway use, on their wheels or
jacking system, be attached to the site only by quick-disconnect-type
utilities and security devices, and have no permanently attached
additions; or
3.
Meet the requirements of Section 18.21.080 YMC and the elevation
and anchoring requirements for manufactured homes.
R. Floodways. Located within areas of special flood hazard established in
Chapter 18.21 YMC are areas designated as floodways. Since the
floodway is an extremely hazardous area due to the velocity of
floodwaters which carry debris, potential projectiles, and erosion
potential, the following provisions apply:
1. Prohibit encroachments, including fill, new construction, substantial
improvements, and other development unless certification by a
registered
professional
engineer
or
architect
is
provided
demonstrating through hydrologic and hydraulic analyses performed
in accordance with standard engineering practice that the proposed
encroachments shall not result in any increase in flood levels during
the occurrence of base flood discharge;
2. Construction or reconstruction of residential structures is prohibited
within designated floodways, except for:
a. Repairs, reconstruction, or improvements to a structure, which do
not increase the ground floor area; and
b. Repairs, reconstruction or improvements to a structure, the cost of
which does not exceed 50 percent of the market value of the
structure either:
i. Before the repair or reconstruction is started; or
ii. If the structure has been damaged, and is being restored, before
the damage occurred.
iii. Work done on structures to comply with existing violations of
state or local health, sanitary, or safety code specifications which
have been identified by the administrator and which are the
minimum necessary to assure safe living conditions or to
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structures identified as historic places shall not be included in the
50 percent determination;
3. If subsection A of this section is satisfied, all new construction and
substantial improvements shall comply with all applicable flood
hazard reduction provisions of Article VI of this chapter.
S. Areas with base flood elevations but no floodways. AE and A1-30 Zone
with Base Flood Elevations but No Floodways. In areas with base flood
elevations (but a regulatory floodway has not been designated), no new
construction, substantial improvements, or other development (including
fill) shall be permitted within zone AE on the community’s FIRM, unless it
is demonstrated that the cumulative effect of the proposed development,
when combined with all other existing and anticipated development, will
not increase the water surface elevation of the base flood more than one
foot at any point within the community.
T. Wetlands management. To the maximum extent possible, in order to
avoid the short- and long-term adverse impacts associated with the
destruction or modification of wetlands, especially those activities which
limit or disrupt the ability of the wetland to alleviate flooding impacts,
the following process should be implemented:
1. Review proposals for development within areas of special flood
hazard for their possible impacts on wetlands located within the
floodplain;
2. Ensure that development activities in or around wetlands do not
negatively affect public safety, health and welfare by disrupting the
wetlands’ ability to reduce flood and storm drainage;
3. Request technical assistance from the Department of Ecology in
identifying wetland areas. Existing wetland map information from the
National Wetlands Inventory (NWI) can be used in conjunction with
the community’s FIRM to prepare an overlay zone indicating critical
wetland areas deserving special attention.
18.21.100 Geologically hazardous areas
A. Designation of geologically hazardous areas. Geologically hazardous
areas include areas susceptible to erosion, sliding, earthquake, or other
geological events. They pose a threat to the health and safety of citizens
when incompatible development is sited in areas of significant hazard.
Such incompatible development may not only place itself at risk, but also
may increase the hazard to surrounding development and use.
B. Designation of specific hazard areas
1. Erosion hazard areas. Erosion hazard areas are at least those areas
identified by the U.S. Department of Agriculture's Natural Resources
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Conservation Service as having a “moderate to severe,” “severe,” or
“very severe” rill and inter-rill erosion hazard. Rill or inter-rill are
areas subject to sheet wash, or steep-sided channels resulting from
accelerated erosion.
Erosion hazard areas are also those areas
impacted by shore land and/or streambank erosion and those areas
within a river's channel migration zone.
2. Landslide hazard areas. Landslide hazard areas are areas potentially
subject to landslides based on a combination of geologic,
topographic, and hydrologic factors. They include areas susceptible
because of any combination of bedrock, soil, slope (gradient), slope
aspect, structure, hydrology, or other factors. Examples of these may
include, but are not limited to, the following:
a. Areas of historic failures;
b. Areas with all three of the following characteristics:
i. Slopes steeper than 15 percent;
ii. Hillsides intersecting geologic contacts with
permeable sediment overlying a relatively
sediment or bedrock; and
a relatively
impermeable
iii. Springs or ground water seepage;
c. Areas that have shown movement during the Holocene epoch
(from 10,000 years ago to the present) or that are underlain or
covered by mass wastage debris of that epoch;
d. Slopes that are parallel or subparallel to planes of weakness (such
as bedding planes, joint systems, and fault planes) in subsurface
materials;
e. Slopes having gradients steeper than 80 percent, subject to rock
fall during seismic shaking;
f. Areas potentially unstable because of rapid stream incision,
streambank erosion, and undercutting by wave action;
g. Areas that show evidence of, or are at risk from snow avalanches;
h. Areas located in a canyon or on an active alluvial fan, presently or
potentially subject to inundation by debris flows or catastrophic
flooding; and
i. Any area with a slope of 40 percent or steeper and with a vertical
relief of 10 or more feet, except areas composed of consolidated
rock. A slope is delineated by establishing its toe and top and is
measured by averaging the inclination over at least 10 feet of
vertical relief.
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3. Seismic hazard areas. Seismic hazard areas are areas subject to
severe risk of damage as a result of earthquake induced ground
shaking, slope failure, settlement, soil liquefaction, lateral spreading,
or surface faulting. One indicator of potential for future earthquake
damage is a record of earthquake damage in the past. Ground
shaking is the primary cause of earthquake damage in Washington.
The strength of ground shaking is primarily affected by:
a. The magnitude of an earthquake;
b. The distance from the source of an earthquake;
c. The type of thickness of geologic materials at the surface; and
d. The type of subsurface geologic structure.
C. Mapping of geologically hazardous areas.
1. The approximate location and extent of geologically hazardous areas
are shown on the adopted critical area maps.
2. These maps are to be used as a guide for the City, project applicants
and/or property owners and may be continuously updated as new
critical areas are identified. They are a reference and do not provide a
final critical area designation.
D. Performance standards – general requirements.
1. Alterations of geologically hazardous areas or associated buffers may
only occur for activities that:
a. Will not increase the threat of the geological hazard to adjacent
properties beyond pre-development conditions;
b. Will not adversely impact other critical areas;
c. Are designed so that the hazard to the project is eliminated or
mitigated to a level equal to or less than pre-development
conditions; and
d. Are certified as safe as designed and under anticipated conditions
by a qualified engineer or geologist, licensed in the state of
Washington.
2. Critical facilities prohibited. Critical facilities shall not be sited within
geologically hazardous areas unless there is no other practical
alternative.
3. Buffer requirement. A buffer shall be established from all edges of
landslide hazard areas. The size of the buffer shall be determined by
the administrator to eliminate or minimize the risk of property
damage, death, or injury resulting from landslides caused in whole or
part by the development, based upon review of and concurrence with
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a critical area report prepared by a qualified professional.
a. Minimum buffer. The minimum buffer shall be equal to the height
of the slope.
b. Buffer reduction. The buffer may be reduced to a minimum of 10
feet when a qualified professional demonstrates to the
administrator's satisfaction that the reduction will adequately
protect the proposed development, adjacent developments and
uses, and the subject critical area.
c. Increased buffer. The buffer may be increased where the
administrator determines a larger buffer is necessary to prevent
risk of damage to proposed and existing development;
4. Alterations. Alterations of an erosion or landslide hazard area and/or
buffer may only occur for activities for which a hazards analysis is
submitted and certifies that:
a. The development will not increase surface water discharge or
sedimentation to adjacent properties beyond pre-development
conditions;
b. The development will not decrease slope stability on adjacent
properties; and
c. Such alterations will not adversely impact other critical areas.
5. Vegetation retention. Unless otherwise provided or as part of an
approved alteration, removal of vegetation from an erosion or
landslide hazard area or related buffer shall be prohibited.
6. Seasonal restriction. Clearing shall be allowed only from May 1st to
October 1st of each year; provided, that the City may extend or
shorten the dry season on a case-by-case basis depending on actual
weather conditions, except that timber harvest, not including brush
clearing or stump removal, may be allowed pursuant to an approved
forest practice permit issued by the City or the Washington State
Department of Natural Resources.
7. Utility lines and pipes. Utility lines and pipes shall be permitted in
erosion and landslide hazard areas only when the applicant
demonstrates that no other practical alternative is available. The line
or pipe shall be located above ground and properly anchored and/or
designed so that it will continue to function in the event of an
underlying slide. Stormwater conveyance shall be allowed only
through a high-density polyethylene pipe with fuse-welded joints, or
similar product that is technically equal or superior.
8. Point discharges. Point discharges from surface water facilities and
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roof drains onto or upstream from an erosion or landslide hazard area
shall be prohibited.
9. Division of land. The division of land in landslide hazard areas and
associated buffers is subject to the following:
a. Land that is located wholly within a landslide hazard area or its
buffer may not be subdivided. Land that is located partially within
a landslide hazard area or its buffer may be divided; provided, that
each resulting lot has sufficient buildable area outside of, and will
not affect, the landslide hazard or its buffer.
b. Access roads and utilities may be permitted within the landslide
hazard area and associated buffers if the City determines that no
other feasible alternative exists; and
E. Prohibited development. On-site sewage disposal systems, including
drain fields, shall be prohibited within erosion and landslide hazard areas
and related buffers.
18.21.110 Fish and wildlife habitat conservation areas
A. Designation of fish and wildlife habitat conservation areas.
1. Fish and wildlife habitat conservation areas are areas necessary for
maintaining species in suitable habitats within their natural
geographic distribution so that isolated subpopulations are not
created as designated by Section 365-190-080(5) WAC. These areas
include:
a. Areas with which state or federally designated endangered,
threatened, and sensitive species have a primary association;
i. Areas with which state or federally designated endangered,
threatened, and sensitive species have a primary association.
ii. State designated endangered, threatened, and sensitive are
those fish and wildlife species native to the state of Washington
identified by the Washington Department of Fish and Wildlife
that are in danger of extinction, threatened to become
endangered, vulnerable, or declining and are likely to become
endangered or threatened in a significant portion of the range
within the state without cooperative management or removal of
threats.
b State priority habitats and areas associated with state priority
species. Priority habitats and species are considered to be priorities
for conservation and management. Priority species require
protective measures for their perpetuation due to their population
status, sensitivity to habitat alteration, and/or recreational,
Agenda Item 8. a. Unified Development Code
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commercial, or tribal importance. Priority habitats are those habitat
types or elements with unique or significant value to a diverse
assemblage of species. A priority habitat may consist of a unique
vegetation type or dominant plant species, a described
successional stage, or a specific structural element. Priority
habitats and species are identified by the state Department of Fish
and Wildlife.
c. Naturally occurring ponds Under 20 Acres. Naturally occurring
ponds are those ponds under 20 acres and their submerged
aquatic beds that provide fish or wildlife habitat, including those
artificial ponds intentionally created from dry areas in order to
mitigate impacts to ponds. Naturally occurring ponds do not
include ponds deliberately designed and created from dry sites,
such as canals, detention facilities, wastewater treatment facilities,
farm ponds, temporary construction ponds, and landscape
amenities, unless such artificial ponds were intentionally created
for mitigation.
d. Waters of the state. Waters of the state include lakes, rivers,
ponds, streams, inland waters, underground waters, salt waters,
and all other surface waters and watercourses within the
jurisdiction of the state of Washington.
e. Areas of rare plant species and high quality ecosystems. Areas of
rare plant species and high quality ecosystems are identified by the
Washington State Department of Natural Resources through the
Natural Heritage Program.
f. Land useful or essential for preserving connections between habitat
blocks and open spaces.
2. All areas within the City meeting one or more of these criteria,
regardless of any formal identification, are hereby designated critical
areas and are subject to the provisions of this chapter and shall be
managed consistent with the best available science.
3. Mapping. The approximate location and extent of habitat
conservation areas are shown on the critical area maps adopted by
the City.
C. Performance standards – general requirements.
1. Nonindigenous species. No plant, wildlife, or fish species not
indigenous to the region shall be introduced into a habitat
conservation area unless authorized by a state or federal permit or
approval.
2. Mitigation and contiguous corridors. Mitigation sites shall be located
Agenda Item 8. a. Unified Development Code
Page 162 of 340
to preserve or achieve contiguous wildlife habitat corridors in
accordance with a mitigation plan that is part of an approved critical
area report to minimize the isolating effects of development on
habitat areas, so long as mitigation of aquatic habitat is located
within the same aquatic ecosystem as the area disturbed.
3. Approvals of activities. The administrator shall condition approvals of
activities allowed within or adjacent to a habitat conservation area or
its buffers, as necessary to minimize or mitigate any potential
adverse impacts. Conditions shall be based on the best available
science and may include, but are not limited to, the following:
a. Establishment of buffer zones;
b. Preservation of critically important vegetation and/or habitat
features such as snags and downed wood;
c. Limitation of access to the habitat area, including fencing to deter
unauthorized access;
d. Seasonal restriction of construction activities;
e. Establishment of a duration and timetable for periodic review of
mitigation activities; and
f. Requirement of a performance bond, when necessary, to ensure
completion and success of proposed mitigation.
4. Mitigation and equivalent or greater biological functions. Mitigation of
alterations to habitat conservation areas shall achieve equivalent or
greater biologic and hydrologic functions and shall include mitigation
for adverse impacts upstream or downstream of the development
proposal site. Mitigation shall address each function affected by the
alteration to achieve functional equivalency or improvement on a per
function basis.
5. Approvals and the best available science. Any approval of alterations
or impacts to a habitat conservation area shall be supported by the
best available science.
6. Buffers
a. Establishment of buffers. The administrator shall require the
establishment of buffer areas for activities adjacent to habitat
conservation areas when needed to protect habitat conservation
areas. Buffers shall consist of an undisturbed area of native
vegetation or areas identified for restoration established to protect
the integrity, functions, and values of the affected habitat.
Required buffer widths shall reflect the sensitivity of the habitat
and the type and intensity of human activity proposed to be
Agenda Item 8. a. Unified Development Code
Page 163 of 340
conducted nearby and shall be consistent with the management
recommendations issued by the Washington Department of Fish
and Wildlife. Habitat conservation areas and their buffers shall be
preserved in perpetuity through the use of native growth
protection areas and critical area tracts. Native growth protection
areas includes area where native vegetation is preserved for the
purpose of preventing harm to property and the environment
including, but not limited to, controlling surface water runoff and
erosion, maintaining slope stability, buffering, and protecting
plants and animal habitat.
b. Seasonal restrictions. When a species is more susceptible to
adverse impacts during specific periods of the year, seasonal
restrictions may apply. Larger buffers may be required and
activities may be further restricted during the specified season.
c. Habitat buffer averaging. The administrator may allow the
recommended habitat area buffer width to be reduced in
accordance with a critical area report, the best available science,
and the management recommendations issued by the Washington
Department of Fish and Wildlife, only if:
i. It will not reduce stream or habitat functions;
ii. It will not adversely affect salmonid habitat;
iii. It will provide additional natural resource protection, such as
buffer enhancement;
iv. The total area contained in the buffer area after averaging is no
less than that which would be contained within the standard
buffer; and
v. The buffer area width is not reduced by more than 25 percent in
any location.
7. Divisions of land. The subdivision and short subdivision of land in fish
and wildlife habitat conservation areas and associated buffers is
subject to the following:
a. Land that is located wholly within a habitat conservation area or its
buffer may not be subdivided.
b. Land that is located partially within a habitat conservation area or
its buffer may be divided; provided, that the developable portion of
each new lot and its access is located outside of the habitat
conservation area or its buffer and meets the minimum lot size
requirements.
c. Access roads and utilities serving the proposed may be permitted
Agenda Item 8. a. Unified Development Code
Page 164 of 340
within the habitat conservation area and associated buffers only if
the City determines that no other feasible alternative exists and
when consistent with this chapter.
D. Performance standards – specific habitats.
1. Endangered, threatened, and sensitive species.
a. No development shall be allowed within a habitat conservation area
or buffer with which state or federally endangered, threatened, or
sensitive species have a primary association, except that which is
provided for by a management plan established by the Washington
Department of Fish and Wildlife or applicable state or federal
agency.
b. Whenever activities are proposed adjacent to a habitat
conservation area with which state or federally endangered,
threatened, or sensitive species have a primary association, such
area shall be protected through the application of protection
measures in accordance with a critical area report prepared by a
qualified professional and approved by the City. Approval for
alteration of land adjacent to the habitat conservation area or its
buffer shall not occur prior to consultation with the Washington
Department of Fish and Wildlife for animal species, the Washington
State Department of Natural Resources for plant species, and other
appropriate federal or state agencies.
c. Bald eagle habitat shall be protected pursuant to the Washington
State Bald Eagle Protection Rules Section 232-12-292 WAC.
Whenever activities are proposed adjacent to a verified nest
territory or communal roost, a habitat management plan shall be
developed by a qualified professional. Activities are adjacent to
bald eagle sites when they are within 800 feet or within one-half
mile (2,640 feet) and in a shoreline foraging area. The City shall
verify the location of eagle management areas for each proposed
activity. Approval of the activity shall not occur prior to approval of
the habitat management plan by the Washington Department of
Fish and Wildlife.
2. Riparian habitat areas. Unless otherwise allowed in this chapter, all
structures and activities shall be located outside of the riparian
habitat area.
a. Establishment of riparian habitat areas. Riparian habitat areas shall
be established for habitats that include aquatic and terrestrial
ecosystems that mutually benefit each other and that are located
adjacent to rivers, perennial or intermittent streams, seeps, and
springs.
Agenda Item 8. a. Unified Development Code
Page 165 of 340
b. A riparian habitat area width of 150 feet is established along Yelm
Creek and Thompson Creek, both Type 5, intermittent streams
with low mass wasting potential as defined in Section 222-16-031
WAC.
c. Increased riparian habitat area widths. The recommended riparian
habitat area widths shall be increased, as follows:
i. When the administrator determines that the recommended width
is insufficient to prevent habitat degradation and to protect the
structure and functions of the habitat area;
ii. When the frequently flooded area exceeds the recommended
riparian habitat area width, the riparian habitat area shall extend
to the outer edge of the frequently flooded area;
iii. When the habitat area is within an erosion or landslide hazard
area or buffer, the riparian habitat area width shall be the
recommended distance, or the erosion or landslide hazard area
or buffer, whichever is greater.
d. Riparian habitat area width averaging. The administrator may allow
the recommended riparian habitat area width to be reduced in
accordance with a critical area report only if:
i. The width reduction will not reduce stream or habitat functions,
including those of nonfish habitat;
ii. The width reduction will not degrade the habitat, including
habitat for anadromous fish;
iii. The proposal will provide additional habitat protection;
iv. The total area contained in the riparian habitat area of each
stream on the development proposal site is not decreased;
v. The recommended riparian habitat area width is not reduced by
more than 25 percent in any one location;
vi. The width reduction will not be located within another critical
area or associated buffer; and
vii. The reduced riparian habitat area width is supported by the best
available science.
e. Riparian habitat mitigation. Mitigation of adverse impacts to
riparian habitat areas shall result in equivalent functions and
values on a per function basis, be located as near the alteration as
feasible, and be located in the same subdrainage basin as the
habitat impacted.
f. Alternative mitigation for riparian habitat areas. The performance
Agenda Item 8. a. Unified Development Code
Page 166 of 340
standards set forth in this subsection may be modified at the City's
discretion if the applicant demonstrates that greater habitat
functions, on a per function basis, can be obtained in the affected
subdrainage basin as a result of alternative mitigation measures.
4. Aquatic habitat. The following specific activities may be permitted
within a riparian habitat area, pond, lake, water of the state, and
marine habitat or associated buffer.
a. Clearing and grading. When clearing and grading is permitted as
part of an authorized activity or as otherwise allowed in these
standards, the following shall apply:
i. Grading is allowed only during the dry season, which is typically
regarded as beginning on May 1st and ending on October 1st of
each year; provided, that the City may extend or shorten the dry
season on a case-by-case basis, determined on actual weather
conditions.
ii. Filling or modification of a wetland or wetland buffer is permitted
only if it is conducted as part of an approved wetland alteration.
iii. The soil duff layer shall remain undisturbed to the maximum
extent possible. Where feasible, any soil disturbed shall be
redistributed to other areas of the project area.
iv. The moisture-holding capacity of the topsoil layer shall be
maintained by minimizing soil compaction or reestablishing
natural soil structure and infiltrative capacity on all areas of the
project area not covered by impervious surfaces.
v. Erosion and sediment control that meets or exceeds the
standards set forth in the [locally adopted stormwater
management regulations] shall be provided.
b. Shoreline erosion control measures. New, replacement, or
substantially improved shoreline erosion control measures may be
permitted in accordance with an approved critical area report that
demonstrates the following:
i. Natural shoreline processes will be maintained. The project will
not result in increased beach erosion or alterations to, or loss of,
shoreline substrate within one-quarter mile of the project area.
ii. The shoreline erosion control measures will not degrade fish or
wildlife habitat conservation areas or associated wetlands.
iii. Adequate mitigation measures ensure that there is no net loss of
the functions or values of intertidal habitat or riparian habitat as
a result of the proposed shoreline erosion control measures.
Agenda Item 8. a. Unified Development Code
Page 167 of 340
iv. The proposed shoreline erosion control measures do not result in
alteration of intertidal migration corridors.
c. Streambank Stabilization. Streambank stabilization to protect new
structures from future channel migration is not permitted except
when such stabilization is achieved through bioengineering or soft
armoring techniques in accordance with an approved critical area
report.
d. Roads, trails, bridges, and rights-of-way. Construction of trails,
roadways, and minor road bridging, less than or equal to 30 feet
wide, may be permitted in accordance with an approved critical
area report subject to the following standards:
i. There is no other feasible alternative route with less impact on
the environment;
ii. The crossing minimizes interruption of downstream movement of
wood and gravel;
iii. Roads in riparian habitat areas or their buffers shall not run
parallel to the water body;
iv. Trails shall be located on the outer edge of the riparian area or
buffer, except for limited viewing platforms and crossings;
v. Crossings, where necessary, shall only occur as near to
perpendicular with the water body as possible;
vi. Mitigation for impacts is provided pursuant to a mitigation plan
of an approved critical area report;
vii. Road bridges are designed according to the Washington
Department of Fish and Wildlife Fish Passage Design at Road
Culverts, 1999, and the National Marine Fisheries Service
Guidelines for Salmonid Passage at Stream Crossings, 2000;
and
viii. Trails and associated viewing platforms shall not be made of
continuous impervious materials.
e. Utility facilities. New utility lines and facilities may be permitted to
cross watercourses in accordance with an approved critical area
report if they comply with the following standards:
i. Fish and wildlife habitat areas shall be avoided to the maximum
extent possible;
ii. Installation shall be accomplished by boring beneath the scour
depth and hyporheic zone of the water body and channel
migration zone, where feasible;
Agenda Item 8. a. Unified Development Code
Page 168 of 340
iii. The utilities shall cross at an angle greater than 60 degrees to
the centerline of the channel in streams or perpendicular to the
channel centerline whenever boring under the channel is not
feasible;
iv. Crossings shall be contained within the footprint of an existing
road or utility crossing where possible;
v. The utility route shall avoid paralleling the stream or following a
down-valley course near the channel; and
vi. The utility installation shall not increase or decrease the natural
rate of shore migration or channel migration.
f. Public flood protection measures. New public flood protection
measures and expansion of existing ones may be permitted,
subject to the City's review and approval of a critical area report
and the approval of a federal biological assessment by the federal
agency responsible for reviewing actions related to a federally
listed species.
g. Instream structures. Instream structures, such as, but not limited
to, high-flow bypasses, sediment ponds, instream ponds, retention
and detention facilities, tide gates, dams, and weirs, shall be
allowed only as part of an approved watershed basin restoration
project approved by the City and upon acquisition of any required
state or federal permits. The structure shall be designed to avoid
modifying flows and water quality in ways that may adversely
affect habitat conservation areas.
h. Stormwater conveyance facilities. Conveyance structures may be
permitted in accordance with an approved critical area report
subject to the following standards:
i. No other feasible alternatives with less impact exist;
ii. Mitigation for impacts is provided;
iii. Stormwater conveyance facilities shall incorporate fish habitat
features; and
iv. Vegetation shall be maintained and, if necessary, added adjacent
to all open channels and ponds in order to retard erosion, filter
out sediments, and shade the water.
i. On-site sewage systems and wells.
i. New on-site sewage systems and individual wells may be
permitted in accordance with an approved critical area report
only if accessory to an approved residential structure, for which
it is not feasible to connect to a public sanitary sewer system.
Agenda Item 8. a. Unified Development Code
Page 169 of 340
ii. Repairs to failing on-site sewage systems associated with an
existing structure shall be accomplished by utilizing one of the
following methods that result in the least impact:
1) Connection to an available public sanitary sewer system;
2) Replacement with a new on-site sewage system located in a
portion of the site that has already been disturbed by
development and is located landward as far as possible,
provided the proposed sewage system is in compliance with
local health regulations; or
3) Repair to the existing on-site septic system.
Agenda Item 8. a. Unified Development Code
Page 170 of 340
Agenda Item 8. a. Unified Development Code
Page 171 of 340
UNIFIED DEVELOPMENT CODE
BUILDINGS & CONSTRUCTION
Contents
CHAPTER 18.22 – FIRE CODE .........................................................................................................................................1
18.22.010
18.22.020
18.22.030
18.22.040
ADOPTION ............................................................................................................................................ 1
ADMINISTRATION AND ENFORCEMENT ....................................................................................................... 1
APPEAL OF DECISIONS ............................................................................................................................. 1
COMMITTEE TO DETERMINE NEW MATERIALS, PROCESSES OR OCCUPANCIES ...................................................... 1
CHAPTER 18.23 – BUILDING CODE................................................................................................................................2
18.23.010
18.23.020
ADOPTED ............................................................................................................................................. 2
APPEAL OF DECISIONS ............................................................................................................................. 2
CHAPTER 18.24 – MECHANICAL CODE..........................................................................................................................3
18.24.010
18.24.020
ADOPTED ............................................................................................................................................. 3
APPEAL OF DECISIONS ............................................................................................................................. 3
CHAPTER 18.25 – PLUMBING CODE..............................................................................................................................4
18.25.010
18.25.020
18.25.030
18.25.040
ADOPTED ............................................................................................................................................. 4
SECTION 102.3.2 AMENDED – VIOLATION AND PENALTIES ............................................................................ 4
SECTION 103.0 AMENDED – PERMIT REQUIRED ........................................................................................... 5
APPEAL OF DECISIONS ............................................................................................................................. 5
CHAPTER 18.26 – ENERGY CODE...................................................................................................................................6
18.26.010
18.26.020
ADOPTED. ............................................................................................................................................ 6
APPEAL OF DECISIONS ............................................................................................................................. 6
CHAPTER 18.27 - STORMWATER RUNOFF....................................................................................................................7
18.27.010
18.27.020
INTENT ................................................................................................................................................. 7
STORMWATER DESIGN STANDARDS ............................................................................................................ 7
CHAPTER 18.28 – ENGINEERING SPECIFICATIONS AND STANDARD DETAILS .............................................................8
18.28.010 .................................................................................................................................................................. 8
CHAPTER 18.29 – DESIGN GUIDELINES.........................................................................................................................9
18.29.010 .................................................................................................................................................................. 9
Agenda Item 8. a. Unified Development Code
Page 172 of 340
CHAPTER 18.22 – FIRE CODE
18.22.010 Adoption
Those certain documents, one copy of which are on file in the office of the
City clerk/treasurer, being marked and designated as “International Fire
Code,” including all appendices thereto, as published by the International
Code Council, and amended by Chapter 51-54A (WAC), are adopted as the
code of the City prescribing regulations governing conditions hazardous to
life and property from fire or explosion.
18.22.020 Administration and enforcement
The International Fire Code as adopted shall be administered and enforced
by the Yelm Fire Marshal, as appointed by the City Administrator.
18.22.030 Appeal of decisions
Whenever the Fire Marshal, or any duly appointed official acting under the
supervision of the Fire Chief of the local fire district serving the City of Yelm
denies a permit applied for under the International Fire Code, or if the
applicant claims that the provisions of the International Fire Code were not
applied appropriately, the applicant may appeal the decision to the Hearing
Examiner as provided in Chapter 18.14 (YMC).
18.22.040 Committee to determine new materials, processes or
occupancies
The Fire Marshal and the Public Works Director shall act as a committee to
determine and specify, after giving affected persons an opportunity to be
heard, any new materials, processes, or occupancies for which permits are
required in addition to those now enumerated in the International Fire Code.
A list of any such new materials, processes or occupancies requiring permits
shall be posted by the Fire Chief of the local fire district serving the City of
Yelm in a conspicuous place in his/her office, and by the City clerk/treasurer
in a conspicuous place in the City Hall, and copies thereof shall be
distributed to interested persons.
Agenda Item 8. a. Unified Development Code
Page 173 of 340
CHAPTER 18.23 – BUILDING CODE
18.23.010 Adopted
Those certain documents, one copy of which are on file and are open for
inspection of the public in the office of the City clerk/treasurer, being
marked and designated as: “International Building Code” and “International
Residential Code,” published by the International Code Council and amended
by Chapters 51-50 and 51-51 WAC referenced herein; are adopted as the
code of the City for regulating the erection, construction, enlargement,
alteration, repair, moving, removal, demolition, conversion, occupancy,
equipment, use, height, area and maintenance of all buildings or structures
in the City; providing for issuance of permits and collection of fees.
18.23.020 Appeal of decisions
Whenever the Building Official denies a permit applied for under the
International Building Code, or if the applicant claims that the provisions of
the International Building Code were not applied appropriately, the applicant
may appeal the decision to the Hearing Examiner, as provided in Chapter
18.14 YMC.
Agenda Item 8. a. Unified Development Code
Page 174 of 340
CHAPTER 18.24 – MECHANICAL CODE
18.24.010 Adopted
That certain document, one copy of which is on file in the office of the City
clerk/treasurer being marked and designated as an “International Mechanical
Code,” as published by the International Code Council and as amended by
Chapter 51-52 WAC, is adopted as the code of the City for regulating the
design, construction, quality of relocation, replacement, addition to, use or
maintenance of heating, ventilating, cooling, refrigeration systems,
incinerators or other miscellaneous heat-producing appliances in the City
providing for the issuance of permits.
18.24.020 Appeal of decisions
Whenever the Building Official denies a permit applied for under the
International Mechanical Code, or if the applicant claims that the provisions
of the International Mechanical Code were not applied appropriately, the
applicant may appeal the decision to the Hearing Examiner, as provided in
Chapter 18.14 YMC.
Agenda Item 8. a. Unified Development Code
Page 175 of 340
CHAPTER 18.25 – PLUMBING CODE
18.25.010 Adopted
That certain document, one copy of which is on file in the office of the Yelm
City clerk/treasurer, being marked and designated as a “Uniform Plumbing
Code,” 2003 Edition, published by the International Association of Plumbing
and Mechanical Officials, and as amended by Chapter 51-56 WAC including
all material and installation standards, Appendices A, B and I as amended by
Chapter 51-57 WAC therein be and the same is adopted as the code of the
City for regulating the installation, maintenance or use of any plumbing
system in the City, except as otherwise expressly provided in said “Uniform
Plumbing Code,” 2003 Edition, published by the International Association of
Plumbing and Mechanical Officials, including all material and installation
standards and supplements therein, and each and all of the regulations,
provisions, conditions and terms of such are by this reference thereto
adopted and made a part hereof as though fully set forth in this chapter;
provided, however, that Sections 102.3.2 and 103.0 of said Uniform
Plumbing Code shall be amended as set forth in Sections 18.25.020 and
18.25.030 YMC.
18.25.020 Section 102.3.2 amended – Violation and penalties
Section 102.3.2 of the Uniform Plumbing Code, 2003 Edition is amended to
read as follows:
102.3.2. Any violation of any provision of this code is guilty of a
misdemeanor. Each separate day or any portion thereof, during which any
violation of this code occurs or continues, shall be deemed to constitute a
separate offense. The issuance or granting of a permit or approval of plans
and specifications shall not be deemed or construed to be a permit for, nor
an approval of, any violation of any of the provisions of this code. No permit
presuming to give authority to violate or cancel the provisions of this code
shall be valid except insofar as the work or use which it authorized is lawful.
The issuance or granting of a permit or approval of plans shall not prevent
the administrative authority from thereafter requiring a correction of errors
in said plans and specifications or from preventing construction operations
being carried on there under when in violation of this code or of any other
ordinance, or from revoking any certificate of approval when issued in error.
Every permit issued by the administrative authority under the provisions of
this code shall expire by limitation and become null and void if the work
authorized by such permit is not commenced within 180 days from the date
of issuance of such permit, or if the work authorized by such permit is
suspended or abandoned at any time after the work is commenced for a
period of 180 days. Before such work can be recommenced, a new permit
shall be first obtained to do so, and the fee therefore shall be one-half the
Agenda Item 8. a. Unified Development Code
Page 176 of 340
amount required for a new permit for such work, provided no changes have
been made or will be made in the original plans and specifications for such
work; and provided further, that such suspension or abandonment has not
exceeded one year.
18.25.030 Section 103.0 amended – Permit required
Section 103.0 of the Uniform Plumbing Code, 2003 Edition is amended to
read as follows:
103.1.1. It shall be unlawful for any person to install, remove, alter, repair
or replace or cause to be installed, removed, altered, repaired or replaced
any plumbing work or any fixture or water heating or treating equipment in
a building or premises without first obtaining a permit to do such work from
the administrative authority.
A separate permit shall be obtained for each building or structure.
No person shall allow any other person to do or cause to be done any work
under a permit secured by a permittee except persons in the employ of the
permittee.
103.1.3. No permit shall be issued to any person, firm or corporation to do,
or cause to be done, any work regulated by this code unless such person,
firm or corporation has a valid Washington state contractors registration as
required by laws of the State of Washington; provided, however, permits
may be issued to property owners for work on duplex and single-family
residences and accessory buildings thereto, providing such owner purchases
all materials and performs all labor involved.
18.25.040 Appeal of decisions
Whenever the Building Official denies a permit applied for under the Uniform
Plumbing Code, or if the applicant claims that the provisions of the Uniform
Plumbing Code were not applied appropriately, the applicant may appeal the
decision to the Hearing Examiner, as provided in Chapter 18.14
Agenda Item 8. a. Unified Development Code
Page 177 of 340
CHAPTER 18.26 – ENERGY CODE
18.26.010 Adopted.
That certain document, one copy of which is on file in the office of the City
clerk/treasurer being marked and designated as an “International Energy
Conservation Code, Commercial,” and “International Energy Conservation
Code, Residential,” and as published by the International Code Council and
as amended by Chapters 51-11C and 51-11R WAC, is hereby adopted.
18.26.020 Appeal of decisions
Whenever the Building Official denies a permit applied for under the
International Energy Conservation Code, Commercial and/or Residential, or
if the applicant claims that the provisions of the International Energy
Conservation Code, Commercial and/or Residential were not applied
appropriately, the applicant may appeal the decision to the Hearing
Examiner as provided in Chapter 18.14 YMC.
Agenda Item 8. a. Unified Development Code
Page 178 of 340
CHAPTER 18.27 - STORMWATER RUNOFF
18.27.010 Intent
It is the intent of this chapter to minimize property damage, promote and
protect the public health, safety and welfare, minimize water quality
degradation by preventing siltation, flooding, contamination and erosion,
protect aquifers, ensure the safety of City roads and rights-of-ways, and
foster other beneficial public uses including the use of low impact
development strategies and technologies to the extent practicable.
18.27.020 Stormwater design standards
The design of storm drainage and or retention/detention systems shall be
designed to meet or exceed the most current edition of the Stormwater
Management Manual for Western Washington, as published by the
Washington State Department of Ecology.
All stormwater runoff shall be retained, treated and disposed of on-site or
disposed of in a system designed for such runoff and which does not flood or
damage adjacent properties.
No retention/detention facility shall be located in an area that is used to
satisfy an open space requirement unless it enhances a recreational
amenity.
Agenda Item 8. a. Unified Development Code
Page 179 of 340
CHAPTER 18.28 – ENGINEERING SPECIFICATIONS AND STANDARD
DETAILS
18.28.010
There is adopted by reference “Engineering Specification and Standard
Details, City of Yelm”, as herein after amended, a copy of which is on file
with the City clerk/treasurer.
Agenda Item 8. a. Unified Development Code
Page 180 of 340
CHAPTER 18.29 – DESIGN GUIDELINES
18.29.010
There is adopted by reference “Design Guidelines, City of Yelm”, as herein
after amended, a copy of which is on file with the City clerk/treasurer.
Agenda Item 8. a. Unified Development Code
Page 181 of 340
Agenda Item 8. a. Unified Development Code
Page 182 of 340
UNIFIED DEVELOPMENT CODE
ZONING
Table of Contents
CHAPTER 18.30 – ZONING.............................................................................................................................................1
18.30.010
GENERAL PROVISIONS ............................................................................................................................. 1
18.30.020
LAND USE OR ZONING DISTRICTS ESTABLISHED .............................................................................................. 3
CHAPTER 18.31 – LOW DENSITY RESIDENTIAL DISTRICT (R-4) ....................................................................................4
18.31.010
INTENT ................................................................................................................................................. 4
18.31.020
PERMITTED USES .................................................................................................................................... 4
18.31.030
SPECIAL USES ........................................................................................................................................ 4
18.31.040
STANDARDS SPECIFIC TO THE R-4 DISTRICT .................................................................................................. 5
CHAPTER 18.32 - MODERATE-DENSITY RESIDENTIAL (R-6) .........................................................................................6
18.32.010
INTENT ................................................................................................................................................. 6
18.32.020
PERMITTED USES .................................................................................................................................... 6
18.32.030
SPECIAL USES ........................................................................................................................................ 6
18.32.040
STANDARDS SPECIFIC TO THE R-6 DISTRICT .................................................................................................. 7
CHAPTER 18.33 - HIGH-DENSITY RESIDENTIAL DISTRICT (R-16) ..................................................................................8
18.33.010
INTENT ................................................................................................................................................. 8
18.33.020
PERMITTED USES .................................................................................................................................... 8
18.33.030
SPECIAL USES ........................................................................................................................................ 8
18.33.040
STANDARDS SPECIFIC TO THE R-16 DISTRICT ................................................................................................ 8
CHAPTER 18.34 - MASTER PLANNED COMMUNITY (MPC) ........................................................................................10
18.34.010
INTENT ............................................................................................................................................... 10
18.34.020
PERMITTED USES .................................................................................................................................. 10
18.34.030
STANDARDS SPECIFIC TO THE MPC DISTRICT.............................................................................................. 10
CHAPTER 18.35 – CENTRAL BUSINESS DISTRICT (CBD) ..............................................................................................11
18.35.010
INTENT ............................................................................................................................................... 11
18.35.020
PERMITTED USES .................................................................................................................................. 11
18.35.030
SPECIAL USES ...................................................................................................................................... 11
18.35.040
STANDARDS SPECIFIC TO THE CBD DISTRICT............................................................................................... 11
CHAPTER 18.36 – COMMERCIAL DISTRICT (C-1).........................................................................................................15
18.36.010
INTENT ............................................................................................................................................... 15
18.36.020
PERMITTED USES .................................................................................................................................. 15
18.36.030
SPECIAL USES ...................................................................................................................................... 15
18.36.040
STANDARDS SPECIFIC TO THE C-1 DISTRICT ................................................................................................ 15
CHAPTER 18.37 – HEAVY COMMERCIAL ZONE(C-2) ...................................................................................................18
18.37.010
INTENT ............................................................................................................................................... 18
18.37.020
PERMITTED USES .................................................................................................................................. 18
18.37.030
SPECIAL USES....................................................................................................................................... 18
18.57.040
STANDARDS SPECIFIC TO THE C-2 DISTRICT ................................................................................................ 19
CHAPTER 18.38 – LARGE LOT COMMERCIAL DISTRICT (C-3)......................................................................................20
18.38.010
INTENT ............................................................................................................................................... 20
18.38.020
PERMITTED USES .................................................................................................................................. 20
18.38.030
SPECIAL USES....................................................................................................................................... 20
18.38.040
STANDARDS SPECIFIC TO THE C-3 DISTRICT ................................................................................................ 21
CHAPTER 18.39 – INDUSTRIAL DISTRICT (I) ................................................................................................................22
18.39.010
INTENT ............................................................................................................................................... 22
18.39.020
PERMITTED USES .................................................................................................................................. 22
18.39.030
SPECIAL USES ...................................................................................................................................... 23
Agenda Item 8. a. Unified Development Code
Page 183 of 340
18.39.040
STANDARDS SPECIFIC TO THE INDUSTRIAL DISTRICT...................................................................................... 23
CHAPTER 18.40 – OPEN SPACE/INSTITUTIONAL DISTRICT (OS).................................................................................24
18.40.010
INTENT ............................................................................................................................................... 24
18.40.020
PERMITTED USES .................................................................................................................................. 24
18.40.030
SPECIAL USES....................................................................................................................................... 24
18.40.040
STANDARDS SPECIFIC TO THE OS DISTRICT ................................................................................................. 25
CHAPTER 18.41 – TEMPORARY USES..........................................................................................................................26
18.41.010
PURPOSE ............................................................................................................................................ 26
18.41.020
TEMPORARY USES. ............................................................................................................................... 26
Agenda Item 8. a. Unified Development Code
Page 184 of 340
CHAPTER 18.30 – ZONING
18.30.010 General Provisions
A. Zoning map. The zoning districts are bounded as shown on the official
zoning map of the City of Yelm as adopted as part of the City of Yelm
Comprehensive Plan.
B. Interpretation of zoning district boundaries. When uncertainty exists as
to the boundaries as shown on the official zoning map, the Community
Development Director and his/her designee shall interpret the
boundaries, which shall be final.
C. Allowable Density. When calculating the number of dwelling units allowed
on a parcel, the gross area is used and the subsequent number of units
is rounded to the first significant digit. Gross area includes all land
within the exterior boundaries of the development, including, but not
limited to all land allocated for open space, critical areas, buffers, streets,
roads, and public and private rights-of-way.
D. Interpretation of uses.
1. Uses not listed in a zoning district as permitted or special are
prohibited.
2. Each zoning district permits certain specific uses and similar or
related uses. The determination of similarity or relatedness to the
specific uses shall be made by the Community Development Director
or his/her designee.
E. The following structures and uses shall be allowed in all zoning district
and shall be exempt from the design standards of the unified
development code.
1. Traditional household pets such as dogs and cats.
2. Wires, cables, conduits, vaults, laterals, pipes, mains, valves or other
similar equipment for the distribution to consumers of telephone or
other communications, electricity, gas or water or the collection of
sewage, or surface or subsurface water, operated or maintained by a
governmental entity or a public utility or other City franchised utilities
including
customary
meter
pedestals,
telephone
pedestals,
distribution transformers and temporary utility facilities required
during building construction, whether any such facility is located
underground or aboveground; but only when such facilities are
located in a street right-of-way or in an easement less than 25 feet in
width. This exemption shall not include any substation located on or
above the surface of the ground or any such distribution facility
located in an easement of 25 feet or more in width;
Agenda Item 8. a. Unified Development Code
Page 185 of 340
3. Railroad tracks, signals, bridges and similar facilities and equipment
located on a railroad right-of-way, and maintenance and repair work
on such facilities and equipment. This exemption shall not include any
facilities and equipment listed as special uses.
F. The following structures are exempt from the minimum setback
requirements set forth in the zoning districts when the structures are
located outside the public right-of-way and are obviously intended to
serve the public interest: utility equipment, mailboxes, bus shelters,
public bicycle shelters or any similar structure or device.
G. Permitted intrusions into required yards.
1. Cornices, eaves and other similar architectural features may project
from the foundation wall into any minimum yard setback requirement
a maximum distance of two and one-half feet.
2. Open, unwalled and uncovered steps, ramps, not more than four feet
in height may extend into the required front or rear yard setback
requirement not more than five feet.
3. Decks and patio covers may be permitted to encroach into all
residential district rear yard setbacks, provided a minimum setback of
10 feet is retained, and provided such deck be not more than 16
inches above existing natural grade measured at deck floor from the
highest point; and provided, that such patio cover is not enclosed in
any manner. In no case shall the deck or patio cover be constructed
in a required side yard.
4. Awnings and marquees may be allowed within required front yards
and over sidewalks or public rights-of-way in commercial and
industrial zones if all the following requirements are satisfied:
a. The approval authority determines that placement of the awning or
marquee within the setback areas or over the public sidewalk does
not impede vehicular or pedestrian traffic flow or create any other
type of hazard to the public;
b. The awning or marquee is specifically designed to benefit
pedestrians by the providing of shelter and creating a friendlier
pedestrian environment;
c. That development of an awning or marquee within the setback
area or over public sidewalk is consistent with goals of the
comprehensive development plan, the standards of the specific
zone in which it is proposed to be located and consistent with the
character of the surrounding neighborhood.
Agenda Item 8. a. Unified Development Code
Page 186 of 340
18.30.020 Land use or zoning districts established
To carry out the purpose of this title, the City is divided into the following
districts: low-density residential (R-4), moderate-density residential (R-6),
high-density residential (R-16), central business district (CBD), commercial
(C-1), heavy commercial (C-2), large lot commercial (C-3), industrial (I) and
open space/institutional (OS).
Agenda Item 8. a. Unified Development Code
Page 187 of 340
CHAPTER 18.31 – LOW DENSITY RESIDENTIAL DISTRICT (R-4)
18.31.010 Intent
It is the intent of this chapter to enhance and guide development in single
family residential areas.
18.31.020 Permitted uses
The following uses are allowed within the low-density residential zoning
district, subject to the project approvals and design standards of the unified
development code:
•
Single family residential units
•
Duplexes
•
Secondary dwelling units
•
Townhouses
•
Planned residential development
•
Residential care facilities
•
Home Occupations
•
Family home child care providers
•
Attached and co-located wireless facilities
18.31.030 Special Uses
The following uses are allowed within the low-density residential zoning
district, subject to the special use permit process and design standards of
the unified development code:
•
Child daycare centers and nursery’s
•
Preschools
•
Cemeteries
•
Funeral homes
•
Convalescent care facilities
•
Assisted living facilities
•
Congregate care facilities
•
Senior centers
•
Bed & Breakfast/transient lodging places
•
Essential Public facilities
•
Freestanding wireless communication facilities
Agenda Item 8. a. Unified Development Code
Page 188 of 340
18.31.040 Standards specific to the R-4 district
A. Allowed Density. Four dwelling units per acre; provided that, on existing
lots one acre or less, duplexes are allowed at a density of one duplex per
one-third acre (14,520 square feet).
B. Minimum lot area. There is no minimum lot area.
C. Minimum front yard setback.
1. 15 feet from a local access street.
2. 25 feet from a collector street.
3. 35 feet from an arterial street.
D. Minimum side yard setback: 5 feet.
E. Minimum flanking yard setback: 15 feet.
F. Minimum rear yard setback: 25 feet.
G. Minimum driveway approach: 20 feet.
H. Maximum building heights.
1. Main building: 35 feet.
2. Accessory building: 16 feet.
I.
Accessory Buildings. All accessory buildings must comply with the current
building setbacks as stated in this chapter; provided, however, if the
accessory building is less than 120 square feet square feet, and less than
10 feet in height, the side and rear yard setbacks do not apply.
J.
Secondary Dwelling Units. One secondary dwelling unit may be created
on a single-family lot.
1. For lots of record under one acre such conversion or addition shall not
exceed 1,000 square feet.
2. For lots of record of one acre or more such conversion or addition
shall not exceed 1,500 square feet.
K. Townhouse development
1. The minimum parcel size shall be two acres or larger. Parcels shall
provide a mix of townhouses and single-family detached units, with
no less than 50 percent of the units being single-family dwellings.
Agenda Item 8. a. Unified Development Code
Page 189 of 340
CHAPTER 18.32 - MODERATE-DENSITY RESIDENTIAL (R-6)
18.32.010 Intent
It is the intent of this chapter to enhance and guide development of
moderate density, and to provide for a greater variety of housing types.
18.32.020 Permitted uses
The following uses are allowed within the moderate-density residential
zoning district, subject to the project approvals and design standards of the
unified development code:
•
Single family residential units
•
Duplexes
•
Multi-family dwellings
•
Townhouses
•
Manufactured housing communities
•
Planned Residential Development
•
Secondary dwelling units
•
Residential care facilities
•
Home Occupations
•
Family home child care providers
•
Attached and co-located wireless facilities
18.32.030 Special Uses
The following uses are allowed within the moderate-density residential
zoning district, subject to the special use permit process and design
standards of the unified development code:
•
Child daycare centers and nursery’s
•
Preschools
•
Cemeteries
•
Funeral homes
•
Convalescent care facilities
•
Assisted living facilities
•
Congregate care facilities
•
Senior centers
•
Bed & Breakfast lodging places
•
Essential Public facilities
Agenda Item 8. a. Unified Development Code
Page 190 of 340
•
Freestanding wireless communication facilities
18.32.040 Standards specific to the R-6 district
A. Allowed Density. Not less than three and not more than six dwelling units
per acre.
B. Minimum lot area. There is no minimum lot area.
C. Minimum front yard setback.
1. 15 feet from a local access street.
2. 25 feet from a collector street.
3. 35 feet from an arterial street.
D. Minimum side yard setback: 5 feet.
E. Minimum flanking yard setback: 15 feet.
F. Minimum rear yard setback: 25 feet.
G. Minimum driveway approach: 20 feet.
H. Maximum building heights.
1. Main building: 35 feet.
2. Accessory building: 16 feet.
I.
Accessory Buildings. All accessory buildings must comply with the current
building setbacks as stated in this chapter; provided, however, if the
accessory building is less than 120 square feet square feet, and less than
10 feet in height, the side and rear yard setbacks do not apply.
J.
Secondary Dwelling Units. One secondary dwelling unit may be created
on a single-family lot.
1. For lots of record under one acre such conversion or addition shall not
exceed 1,000 square feet.
2. For lots of record of one acre or more such conversion or addition
shall not exceed 1,500 square feet. Such conversion or addition shall
be subject to the availability of public utilities, and shall comply with
all rules and regulations of the building, plumbing, fire and other
applicable codes.
K. Townhouse development.
1. The maximum parcel size for a townhouse development is five acres.
L. Manufactured housing community.
1. The parcel size shall be a minimum of three acres, with a maximum
of 15 acres.
Agenda Item 8. a. Unified Development Code
Page 191 of 340
CHAPTER 18.33 - HIGH-DENSITY RESIDENTIAL DISTRICT (R-16)
18.33.010 Intent
It is the intent of this chapter to make high-density residential developments
available to those persons who may prefer such housing because of personal
or financial circumstances and preserve within those developments open
space and related amenities.
18.33.020 Permitted uses
•
Single family residential units
•
Duplexes
•
Townhouses
•
Multi-family dwellings
•
Manufactured housing community
•
Secondary dwelling units
•
Planned residential development
•
Residential care facilities
•
Home occupations
•
Family home child care providers
•
Attached and co-located wireless facilities
18.33.030 Special Uses
•
Child daycare centers and nursery’s
•
Preschools
•
Cemeteries
•
Funeral homes
•
Convalescent care facilities
•
Assisted living facilities
•
Congregate care facilities
•
Senior centers
•
Bed & breakfast lodging places
•
Essential public facilities
•
Freestanding wireless communication facilities
18.33.040 Standards specific to the R-16 district
A. Allowed Density.
Agenda Item 8. a. Unified Development Code
Page 192 of 340
1. Not less than eight and not more than 16 dwelling units per acre
B. Minimum lot area. There is no minimum lot area.
C. Minimum front yard setback.
1. 15 feet from a local access street.
2. 25 feet from a collector street.
3. 35 feet from an arterial street.
D. Minimum side yard setback: 10 feet.
E. Minimum flanking yard setback: 20 feet
F. Minimum rear yard setback: 25 feet.
G. Minimum driveway approach: 25 feet.
H. Maximum building heights.
1. Within 100 feet of a lower density residential zone: 25 feet.
2. All other residential buildings: 35 feet or three stories, whichever is
lesser.
3. Accessory building: 35 feet.
I.
Accessory Buildings. All accessory buildings must comply with the current
building setbacks as stated in this chapter; provided, however, if the
accessory building is less than 120 square feet square feet, and less than
10 feet in height, the side and rear yard setbacks do not apply.
J.
Secondary Dwelling Units. One secondary dwelling unit may be created
on a single-family lot.
1. For lots of record under one acre such conversion or addition shall not
exceed 1,000 square feet.
2. For lots of record of one ace or more such conversion or addition shall
not exceed 1,500 square feet. Such conversion or addition shall be
subject to the availability of public utilities, and shall comply with all
rules and regulations of the building, plumbing, fire and other
applicable codes.
K. Townhouse development
1. The maximum parcel size for townhouse development shall be no
more than 10 acres.
L. Manufactured housing community.
1. The parcel size shall be a minimum of three acres, with a maximum
of 15 acres.
2. Maximum density shall be six units per acre.
Agenda Item 8. a. Unified Development Code
Page 193 of 340
CHAPTER
18.34 - MASTER PLANNED COMMUNITY (MPC)
18.34.010 Intent
A. It is the intent of this chapter to provide for large scale projects that
incorporate a full range of land uses, where appropriate and consistent
with the Comprehensive Plan.
18.34.020 Permitted uses
Conceptual and final master plan approval identifies allowed uses.
18.34.030 Standards specific to the MPC district
A. Minimum site area. A minimum of 200 acres in a single ownership must
be available for a master plan; smaller acreage under separate
ownership may be included in the proposal.
B
Assure compliance with the Washington State Growth Management Act,
and the goals and policies of the Yelm Comprehensive Plan.
C. Create safe, efficient and economic use of land.
D. Provide adequate public services such as transportation, water, sewage,
storm drainage, electricity, and open space.
E. Provide efficient patterns of land uses that, where appropriate, decrease
trip length of automobile travel, increased access to public transit,
bicycle routes, and other alternative modes of travel.
F. Minimize energy consumption and demand.
G. Minimize adverse environmental impacts including degradation of wildlife
habitat and important natural features.
H. Arrange land uses to complement and minimize impacts to existing
neighborhoods.
I.
Coordinate commercial and industrial locations and designs to minimize
impacts to the natural environment.
Agenda Item 8. a. Unified Development Code
Page 194 of 340
CHAPTER 18.35 – CENTRAL BUSINESS DISTRICT (CBD)
18.35.010 Intent
The purpose of the Central Business District is to promote the special
characteristics of the existing downtown Yelm area, to provide a pedestrian
shopping atmosphere and to promote the rehabilitation of existing structures
and the most desirable uses of land.
18.35.020 Permitted uses
•
Retail establishments
•
Service oriented establishments
•
Apartments
•
Residential uses are allowed provided the development occurs on
existing lots of record, one acre or less
•
Public safety and emergency response facilities, including police and
fire stations, emergency medical centers, and hospitals
•
Attached and co-location wireless communication facilities
18.35.030 Special Uses
•
Child daycare centers and nursery’s
•
Preschools
•
Cemeteries
•
Funeral homes
•
Convalescent care facilities
•
Assisted living facilities
•
Congregate care facilities
•
Senior centers
•
Essential Public facilities
•
Freestanding wireless communication facilities
18.35.040 Standards specific to the CBD district
A. Drive through food establishments and services are prohibited.
B. Allowed residential density. 16 dwelling units per acre, subject to R-16
development standards.
C. Minimum lot area. There is no minimum lot area.
D. Minimum front yard setback.
1. Residential.
Agenda Item 8. a. Unified Development Code
Page 195 of 340
a. 15 feet from a local access street.
b. 25 feet from a collector street.
c. 35 five feet from an arterial street.
2. All other uses. Structures shall be located so as to provide continuity
with existing streets, alleys, sidewalks, and bikeways.
E. Minimum side yard setback.
1. Residential: 10 feet and 20 feet from any flanking street.
2. All other uses: Structures shall be located so as to provide continuity
with existing streets, alleys, sidewalks, and bikeways.
F. Minimum rear yard setback.
1. Residential: 25 feet.
2. All other uses: Structures shall be located so as to provide continuity
with existing streets, alleys, sidewalks, and bikeways.
G. Minimum driveway approach.
1. Residential: 20 feet.
2. All other uses: Structures shall be located so as to provide continuity
with existing streets, alleys, sidewalks, and bikeways.
H. Maximum building heights: 35 feet.
I.
Maximum floor area: 20,000 square feet per floor.
J.
Parking. Minimum parking requirements may be waived where onsite
parking is unachievable, and on street parking is available. Angled
parking is allowed on local access and collector streets within the central
business district.
K. Properties fronting on a “Pedestrian Oriented Street” shall include:
1. Paved pedestrian walkway from the street corner to the building
entrance.
2. Transparent window area or window displays along at least 50
percent of the length of the ground floor façade.
3. Sculptural, mosaic or bas relief artwork over 50 percent of the length
of the ground floor façade.
4. “Pedestrian oriented space,” located adjacent to the sidewalk. At
least 500 square feet of pedestrian oriented space must be provided
for every 100 linear feet of façade as measured along the property
lines adjacent to the street right-of-way.
5. Other special landscaping or building design feature approved by the
Agenda Item 8. a. Unified Development Code
Page 196 of 340
City.
6. Building entries must have direct access to the public sidewalk.
7. No more than 50 percent of the street frontage measured parallel to
the curb may be occupied by parking and/or vehicle access.
8. For properties fronting on two or more pedestrian oriented streets,
parking may be located on one of the streets provided that a building
or pedestrian oriented space is situated between the parking and the
street corner.
L. In addition to site planning measures above, provide at least two of the
following pedestrian amenities near the sidewalk:
1. Pedestrian furniture, such as seating, lighting, drinking fountain, etc.
2. Pedestrian weather protection at least three feet wide along at least
80 percent of the building’s street front face. The weather protection
may be in the form of awnings, marquees, canopies or building
overhangs, provided that canopies or awnings not extend above 15
feet above the ground elevation at the highest point nor lower than
eight feet at the lowest point.
3. Pedestrian oriented open space.
4. Substantial perimeter landscaping
5. Artwork.
6. Transit stop with seating.
7. Window displays over the majority of the front façade.
8. Decorative screen wall, trellis, or other building or site feature.
9. Pedestrian lighting.
M. Architecturally accentuate building corners at street intersections. All
new buildings located on properties at the intersection of two public
streets are shall apply one or more of the following design elements.
1. At least 100 square feet of sidewalk or pedestrian oriented open
space in addition to required building setback.
2. Corner entrance to courtyard, building lobby, atrium or pedestrian
pathway.
3. Corner architectural elements such as bay windows, roof deck or
balconies on upper stories, notched or curved façade surfaces
4. Sculpture or artwork or distinctive use of materials.
5. Special treatment of pedestrian weatyher protection canopy.
6. Building corner entry.
Agenda Item 8. a. Unified Development Code
Page 197 of 340
N. Building Design. Building shell colors shall be earth tones such as, taupe,
brown, red-brown, buff, gray, cream, white, natural wood, brick, or
stone. Trim should be white, black, dark blue, dark green, dark teal,
dark red, or other deep saturated colors. Bright accent colors should not
cover more than 10 percent of any building façade.
Stucco must not be treated in a sculptural manner with curved surfaces
or relief patterns. Stucco surfaces should be trimmed with wood, brick,
or masonry or in a way that protects them from the weather.
Agenda Item 8. a. Unified Development Code
Page 198 of 340
CHAPTER 18.36 – COMMERCIAL DISTRICT (C-1)
18.36.010 Intent
The commercial zone is intended to provide for the location of business
centers to serve the needs of the community for convenience goods and
services such as food, drugs, household supplies, automobile servicing,
recreation, entertainment and other uses related to, but lesser in scope,
than downtown core area uses.
18.36.020 Permitted uses
•
Retail establishments
•
Service oriented establishments
•
Apartments, as part of a mixed use development.
•
Residential uses are allowed provided the development occurs on
existing lots of record, one acre or less
•
Child daycare centers & nursery’s
•
Preschools and private instruction
•
Public safety and emergency response facilities, including police and
fire stations, emergency medical centers, and hospitals
•
Attached and co-location wireless communication facilities
18.36.030 Special Uses
•
Cemeteries
•
Funeral homes
•
Convalescent care facilities
•
Assisted living facilities
•
Congregate care facilities
•
Senior centers
•
Essential Public facilities
•
Freestanding wireless communication facilities
18.36.040 Standards specific to the C-1 district
A. Allowed residential density. 16 dwelling units per acre, subject to R-16
development standards. Apartments shall represent no more than 60
percent of a mixed use development.
B. Minimum lot area: 5,000 square feet.
C. Minimum front yard setback: 15 feet.
Agenda Item 8. a. Unified Development Code
Page 199 of 340
D. Minimum side yard setback: 10 feet.
E. Minimum rear yard setback: 20 feet.
F. Minimum driveway approach: 20 feet.
G. Maximum building heights: 40 feet.
H. Building location. 25 percent of the floor area of a building with singlestory gross floor area in excess of 40,000 square feet shall be sited
within 1,000 linear feet of a double arterial.
I.
Properties fronting on a “Pedestrian Oriented Street” shall include:
1. Paved pedestrian walkway from the street corner to the building
entrance.
2. Transparent window area or window displays along at least 50
percent of the length of the ground floor façade.
3. Sculptural, mosaic or bas relief artwork over 50 percent of the length
of the ground floor façade.
4. “Pedestrian oriented space,” located adjacent to the sidewalk. At
least 500 square feet of pedestrian oriented space must be provided
for every 100 linear feet of façade as measured along the property
lines adjacent to the street right-of-way.
5. Other special landscaping or building design feature approved by the
City.
6. Building entries must have direct access to the public sidewalk.
7. No more than 50 percent of the street frontage measured parallel to
the curb may be occupied by parking and/or vehicle access.
8. For properties fronting on two or more pedestrian oriented streets,
parking may be located on one of the streets provided that a building
or pedestrian oriented space is situated between the parking and the
street corner.
J.
In addition to site planning measures above, provide at least two of the
following pedestrian amenities near the sidewalk:
1. Pedestrian furniture, such as seating, lighting, drinking fountain, etc.
2. Pedestrian weather protection at least three feet wide along at least
80 percent of the building’s street front face. The weather protection
may be in the form of awnings, marquees, canopies or building
overhangs, provided that canopies or awnings not extend above 15
feet above the ground elevation at the highest point nor lower than
eight feet at the lowest point.
3. Pedestrian oriented open space.
Agenda Item 8. a. Unified Development Code
Page 200 of 340
4. Substantial perimeter landscaping
5. Artwork.
6. Transit stop with seating.
7. Window displays over the majority of the front façade.
8. Decorative screen wall, trellis, or other building or site feature.
9. Pedestrian lighting.
K. Architecturally accentuate building corners at street intersections. All
new buildings located on properties at the intersection of two public
streets are shall apply one or more of the following design elements.
1. At least 100 square feet of sidewalk or pedestrian oriented open
space in addition to required building setback.
2. Corner entrance to courtyard, building lobby, atrium or pedestrian
pathway.
3. Corner architectural elements such as bay windows, roof deck or
balconies on upper stories, notched or curved façade surfaces
4. Sculpture or artwork or distinctive use of materials.
5. Special treatment of pedestrian weather protection canopy.
6. Building corner entry.
Agenda Item 8. a. Unified Development Code
Page 201 of 340
CHAPTER 18.37 – HEAVY COMMERCIAL ZONE(C-2)
18.37.010 Intent
It is the intent of this chapter to permit commercial uses and activities which
depend more heavily on convenient vehicular access or which may be
inappropriate in other commercial districts and to limit location of heavy
commercial areas to sites having safe and efficient access to major
transportation routes.
18.37.020 Permitted uses
•
Retail establishments
•
Service oriented establishments
•
Apartments, as part of a mixed use development
•
Residential uses are allowed provided the development occurs on
existing lots of record, one acre or less
•
Child daycare centers and nursery’s
•
Schools, preschools and private instruction
•
Public safety and emergency response facilities, including police and
fire stations, emergency medical centers, and hospitals
•
Manufactured homes as an accessory use for security or maintenance
personnel
•
Mini-storage facilities
•
Recreational vehicle storage
•
Recreational vehicle parks
•
Sales and servicing of automobiles, boats, recreational vehicles,
modular homes and farm equipment
•
Recycling centers
•
Mail order warehouse
•
On-site hazardous waste treatment and storage facilities as an
accessory use to an activity generating hazardous waste.
•
Attached,
facilities
co-located
and
18.37.030 Special uses
•
Cemeteries
•
Funeral homes
•
Convalescent care facilities
free
standing
wireless
communication
Agenda Item 8. a. Unified Development Code
Page 202 of 340
•
Assisted living facilities
•
Congregate care facilities
•
Senior centers
•
Essential Public facilities
•
Adult entertainment business (excluding live entertainment)
18.57.040 Standards specific to the C-2 district
A. Allowed Density. 16 dwelling units per acre subject to the standards of
the R-16 zone. Apartments shall represent no more than 60 percent of a
mixed use development.
B. Minimum lot area. 5,000 square feet.
C. Minimum front yard setback. 15 feet.
D. Minimum side yard setback. 10 feet.
E. Minimum rear yard setback. 20 feet.
F. Minimum driveway approach. 20 feet.
G. Maximum building heights. 40 feet.
H. Provide a paved pedestrian walkway from the street corner to the
building entrance.
I.
Provide pedestrian oriented open space at key locations.
J.
Architecturally accentuate building corners at street intersections.
K. Mini-storage facilities and recreational vehicle storagage must be located
more than 500 feet from an urban arterial.
L. Recycling centers for the collection and temporary storage of materials
shall be conducted within an enclosed building with a maximum gross
floor area of 4,000 square feet.
M. Recreational vehicle parks shall have:
1. No structure or recreational vehicle site shall be closer than 25 feet to
any property line, and the area created by such setback shall be used
for landscaping to screen the recreational vehicles from adjoining
properties
2. Permitted improvements include restroom facilities; picnicking areas;
boating; fishing; swimming; outdoor games and activities, including
miniature golf courses or any mechanical amusement device; and
other uses customarily incidental to the operation of the park
Agenda Item 8. a. Unified Development Code
Page 203 of 340
CHAPTER 18.38 – LARGE LOT COMMERCIAL DISTRICT (C-3)
18.38.010 Intent
It is the intent of this chapter to provide for the location of facilities and
services needed by the traveling public and which depend more heavily on
convenient vehicular access than pedestrian access. Limit location to sites
having safe and efficient access to major transportation routes and identify
the types of commercial uses appropriate or acceptable in the large lot
commercial zone.
18.38.020 Permitted uses
•
Retail establishments
•
Service oriented establishments
•
Apartments, as part of a mixed use development.
•
Residential uses are allowed provided the development occurs on
existing lots of record, one acre or less
•
Child daycare centers and nursery’s
•
Schools, preschools and private instruction
•
Public safety and emergency response facilities, including police and
fire stations, emergency medical centers, and hospitals
•
Mini-storage facilities
•
Recreational vehicle parks
•
Sales and servicing of automobiles, boats, recreational vehicles,
modular homes and farm equipment
•
Recycling centers
•
Mail order warehouse
•
On-site hazardous waste treatment and storage facilities as an
accessory use to an activity generating hazardous waste.
•
Attached,
facilities
co-located
and
18.38.030 Special uses
•
Cemeteries
•
Funeral homes
•
Convalescent care facilities
•
Assisted living facilities
•
Congregate care facilities
free
standing
wireless
communication
Agenda Item 8. a. Unified Development Code
Page 204 of 340
•
Senior centers
•
Essential Public facilities
•
Adult entertainment business (excluding live entertainment).
18.38.040 Standards specific to the C-3 district
A. Allowed Density. 16 dwelling units per acre subject to the standards of
the R-16 zone. Apartments shall represent no more than 60 percent of a
mixed use development.
B. Minimum lot area. 70 percent of the original tract must be kept in a
single lot. No minimum lot area on lots outside the large lot tract.
C. Minimum front yard setback. 15 feet.
D. Minimum side yard setback. 15 feet.
E. Minimum rear yard setback. 15 feet.
F. Minimum driveway approach. 20 feet.
G. Maximum building heights. 55 feet.
H. Building location. 25 percent of the floor area of a building with singlestory gross floor area in excess of 40,000 square feet shall be sited
within 1,000 linear feet of a double arterial.
I.
Ingress and egress at the site shall be limited to one driveway for each
200 feet of frontage. Where only one driveway serves a site, the
driveway shall not be less than 25 feet nor more than 36 feet wide. All
driveways shall be not less than 150 feet from intersecting right-of-way
lines, measured from the centerline of the driveway. Curbs and gutters
or permanently fixed bollards shall be provided to limit other vehicular
access to the site.
J.
Mini-storage facilities and recreational vehicle storagage must be located
more than 500 feet from an urban arterial.
K. Recycling centers for the collection and temporary storage of materials
shall be conducted within an enclosed building with a maximum gross
floor area of 4,000 square feet.
L. Recreational vehicle parks shall have:
1. Property line setbacks to any structure or recreational vehicle sites
shall be a minimum of 25 feet.
This area shall be used for
landscaping to screen the park from adjoining properties.
2. Permitted improvements include restroom facilities; picnicking areas;
boating; fishing; swimming; outdoor games and activities, including
miniature golf courses or any mechanical amusement device; and
other uses customarily incidental to the operation of the park.
Agenda Item 8. a. Unified Development Code
Page 205 of 340
CHAPTER 18.39 – INDUSTRIAL DISTRICT (I)
18.39.010 Intent
It is the intent of this chapter to provide for the areas in which certain types
of industrial activities may be located, to protect industrial areas from other
uses which may interfere with the purpose and efficient functioning of
industrial uses and protect adjacent areas from adverse or damaging impact
resulting from activities in the industrial areas.
18.39.020 Permitted uses
•
Manufacture, assembly, repair, servicing of goods or products such as
mechanical, automotive, marine and contractors’ or builders’
equipment and supplies, concrete, cement, asphalt, building materials
and supplies, and electrical and electronic equipment or products.
•
Assembly of manufactured products, remanufacturing/recycling and
processing of materials such as wood products, including furniture,
metal, cans, cable and pipe, plastics and synthetic materials, concrete
products, cloth, paper, commercial bakery goods, cosmetics,
agricultural or dairy products, scientific, medical and precision
instruments and equipment, livestock rendering facility, and auto
wrecking yards.
•
Warehousing and storage of equipment, commodities and products.
•
Accessory uses clearly subordinate to, and an integral part of, the
primary use of the property (e.g., plant cafeteria, recreation area).
•
Manufactured home as an accessory use for security or maintenance
personnel.
•
Commercial uses which are clearly subordinate to a permitted use
such as service stations or hardware stores.
•
Public buildings, public safety and emergency response facilities,
including police and fire stations
•
Living or residential quarters as an accessory use such as guards’
quarters in large establishments where such quarters are customarily
provided for security and/or insurability of the premises.
•
On-site and off-site hazardous waste treatment and storage facilities
as an accessory use to any activity lawfully allowed in this zone;
provided, that such facilities meet the state siting criteria adopted
pursuant to the requirements of Section 70.105.210 RCW.
•
Attached,
facilities.
co-located
and
free
standing
wireless
communication
Agenda Item 8. a. Unified Development Code
Page 206 of 340
18.39.030 Special Uses
•
Cemeteries
•
Funeral homes
•
Convalescent care facilities
•
Assisted living facilities
•
Congregate care facilities
•
Senior centers
•
Essential public facilities
•
Secure community transition facilities
•
Adult entertainment business
18.39.040 Standards specific to the Industrial district
A. Minimum lot area. 10,000 square feet.
B. Minimum lot width. 100 feet.
C. Minimum front yard setback. 15 feet.
D. Minimum side yard setback. 15 feet unless the property abuts
residentially zoned property, in which case the side yard setback shall be
25 feet.
E. Minimum rear yard setback. 15 feet unless the property abuts
residentially zoned property, in which case the side yard setback shall be
25 feet.
F. Maximum building heights. 40 feet.
G. Building location. 25 percent of the floor area of a building with singlestory gross floor area in excess of 40,000 square feet shall be sited
within 1,000 linear feet of a double arterial.
H. Landscaping. In addition to standard landscaping requirements, parcels
which share a common boundary with properties in a residential or open
space/institutional district shall provide a 10 foot landscape strip, in
addition to the rear or side setbacks required.
I.
Restrict industrial uses on property within 500 feet of the Yelm prairie
rail line to those that support or depend on rail access.
Agenda Item 8. a. Unified Development Code
Page 207 of 340
CHAPTER 18.40 – OPEN SPACE/INSTITUTIONAL DISTRICT (OS)
18.40.010 Intent
It is the intent of this chapter to protect and preserve land devoted to
existing and future use for civic, cultural, educational and similar facilities,
provide for the social needs of the community, and to provide and protect
parks, open space and other natural physical assets to improve the aesthetic
and functional features of the community.
18.40.020 Permitted uses
•
Parks, greenbelts, golf courses and open space for active or passive
recreation or enjoyment
•
Institutional buildings, including municipal or other governmental
agencies, public safety and emergency response facilities, including
police and fire stations, emergency medical centers, and hospitals, and
may include public land devoted solely to the storage of equipment
and materials, bus transfer stations and park and ride lots
•
Community meeting or recreation halls
•
Libraries, museums or similar cultural facilities
•
Churches, temples and synagogues
•
Residential uses as an incidental use to the permitted use such as
caretaker’s quarters, or as an accessory use to institutional facilities
such as housing for students, staff or faculty of colleges and hospitals
•
Manufactured homes as an accessory use for security or maintenance
personnel
•
Manufactured buildings where a community need is demonstrated by a
public agency such as temporary classrooms
18.40.030 Special uses
•
Cemeteries
•
Funeral homes
•
Convalescent care facilities
•
Assisted living facilities
•
Congregate care facilities
•
Essential public facilities
•
Child day care centers only as an accessory use to a use permitted in
this chapter.
Agenda Item 8. a. Unified Development Code
Page 208 of 340
18.40.040 Standards specific to the OS district
A. Site area. The minimum size and shape of the site shall be appropriate to
the proposed use of said site and its relationship to abutting properties
and traffic patterns in the vicinity of the site.
B. Maximum height of buildings. 40 feet.
C. Minimum front yard setback.
1. 25 feet from a collector or local access street.
2. 35 feet from an arterial street.
D. Minimum side yard setback. 25 feet if the adjacent property is
residentially zoned, otherwise 15 feet.
E. Ingress and egress at the site shall be limited to one driveway for each
200 feet of frontage. Where only one driveway serves a site, the
driveway shall not be less than 25 feet nor more than 35 feet wide. All
driveways shall be not less than 150 feet from intersecting right-of-way
lines, measured from the centerline of the driveway. Curbs and gutters
or permanently fixed bollards shall be provided to limit other vehicular
access to the site.
F. Outdoor storage must have sight-obscuring screening around the storage
area, and stored materials shall not exceed the height of the screening.
Agenda Item 8. a. Unified Development Code
Page 209 of 340
CHAPTER 18.41 – TEMPORARY USES
18.41.010 Purpose
To identify temporary uses which are low-impact and are limited in duration
and intensity, that would otherwise be subject to a site plan review approval,
site improvements, and connection to sewer and water.
18.41.020 Temporary uses.
A. The following temporary uses may be authorized, subject to specific
limitations in this section and such additional conditions as may be
established by the Site Plan Review Committee:
1. Contractor’s offices, equipment storage sheds and storage yards, and
portable lavatories on the site of a permitted, active construction
project, for a duration not exceeding one year
2. Manufactured home As part of a construction project for office use of
construction personnel or temporary living quarters for security
personnel for a period extending not more than 90 days beyond
completion of construction. A 30 day extension may be granted by
the community development department upon written request of the
developer and upon the department’s finding that such request for
extension is reasonable and in the public interest
3. Any district as an emergency facility when operated by or for a public
agency
4. In the open space/institutional district where a community need is
demonstrated by a public agency such as temporary classrooms or
for security personnel on school grounds
5. Circuses, carnivals, rodeos, fairs or similar transient amusement or
recreational activities
6. Christmas tree sales lots and fireworks stands, limited to location on
lots not used for residential purposes in commercial or industrial
zones
7. Indoor or outdoor sales sponsored by schools or other nonprofit
organizations for no more than three days per event and no more
than four times in any calendar year
8. Seasonal sale of unprocessed agricultural products, limited to location
on lots not used for residential purposes in commercial zones which
are improved to current City standards
9. Fund raising car washes
10. Uses found by the Site Plan Review Committee to be similar in nature
and impacts to those listed temporary uses
Agenda Item 8. a. Unified Development Code
Page 210 of 340
11. Farmers markets.
B. Standards for Temporary Uses.
1. Each site occupied by a temporary use shall be left free of debris,
litter or other evidence of temporary use upon completion of the use.
2. A temporary use shall not occupy more than 15 percent of the
parking spaces required for the primary use of the property.
3. Temporary uses must provide sufficient off-street parking and
vehicular maneuvering area for customers.
4. No temporary use shall occupy parks without an approved park use
request or any public rights-of-way.
5. The Site Plan Review Committee may establish such additional
conditions as may be deemed necessary to ensure land use
compatibility and to minimize potential impacts on nearby uses.
These include, but are not limited to, conditions regulating the time
and frequency of operation, parking and traffic circulation
requirements, screening, and site restoration.
C. Standards for Farmers Markets. A farmers market in the City of Yelm
provides a place where local growers and artisans can offer their fresh
and locally grown produce and crafts for sale. A farmers market is not for
the purpose of reselling farm products nor for selling used or household
goods. In addition to the standards listed above, the farmers market
shall meet the following standards:
1. Markets shall be operated only by a nonprofit corporation organized
under the laws of the state of Washington, comprised of growers and
farmers from Yelm and the immediate surrounding area.
2. Liability insurance in the amount of $1,000,000 will be required at all
times the market is open. The City of Yelm shall be named as an
additional insured.
3. At all times the market is in operation, a market manager or
administrator shall be in place to oversee the functioning and
organization of the market. The contact information for the manager
or administrator shall be provided to the City.
4. Markets are limited to locations:
a. On lots not used for residential purposes in commercial zones
which are improved to current City standards;
b. On City owned property that meets the criteria in subsection
(C)(4)(a) of this section; provided, that it shall not be in a City
park;
Agenda Item 8. a. Unified Development Code
Page 211 of 340
c. On collector or local access streets in a commercial zone, as
approved by City Council.
5. Markets may only operate from April through October.
6. 70 percent of goods offered within the market must be from the
following categories:
a. Fresh farm products, including locally grown fresh vegetables and
fruits, herbs, nuts, honey, dairy products, eggs, poultry, meats and
fish. Also included in this category are fresh flowers, nursery stock,
and plants.
b. Value added farm products, including preserves, jams and jellies,
cider, syrups, salsas, smoked meats, and salad dressings made
from locally grown farm products.
c. Flowers and other value added farm products, including bouquets,
wreaths, vines and gourds, and personal care products made from
predominately locally produced products.
7. Up to 30 percent of goods offered within the market can be from the
following categories:
a. Processed farm foods such as juices, preserved foods, candies,
pastries, cookies, muffins, breads, pies and related take home
desserts, not prepared on site.
b. Prepared foods made fresh on site available for sale and immediate
consumption. Vendor must be owner/operator of business and not
operating under a franchise.
c. Artisans. Persons who craft with their own hands the products they
offer for sale. Commercial kits, molds, patterns, prefabricated
forms, and ready-made objects which have been painted or
embellished are not eligible. All jewelry artisans must sell jewelry
that is made by their hands.
8. One nonprofit or community booth.
9. One local business booth each day of operation.
10. Sanitation shall be provided by either agreement of use of restroom
facilities convenient to the site, or by portable sanitation facilities.
Portable sanitation facilities must be located or screened in a manner
to not be visible from the traveling public.
11. An approved operation agreement between the farmer’s market
association and the City of Yelm is required.
Agenda Item 8. a. Unified Development Code
Page 212 of 340
UNIFIED DEVELOPMENT CODE
DESIGN STANDARDS
Table of Contents
CHAPTER 18.50 – DESIGN STANDARDS ........................................................................................................................1
18.50.010
INTENT ................................................................................................................................................. 1
CHAPTER 18.51 – ENVIRONMENTAL PERFORMANCE STANDARDS.............................................................................2
18.51.010
INTENT ................................................................................................................................................. 2
18.51.020
NOISE .................................................................................................................................................. 2
18.51.030
EMISSIONS............................................................................................................................................ 2
18.51.040
AQUIFER, GROUND AND SOIL CONTAMINATION ............................................................................................ 3
18.51.050
STORAGE .............................................................................................................................................. 3
CHAPTER 18.52 – TRANSPORTATION AND ACCESS......................................................................................................5
18.52.010
INTENT ................................................................................................................................................. 5
18.52.020
CUL-DE-SAC .......................................................................................................................................... 5
18.52.030
DEAD ENDS ........................................................................................................................................... 5
18.52.040
HALF STREET ......................................................................................................................................... 5
18.52.050
BLOCK LENGTH ...................................................................................................................................... 5
18.52.060
ALLEYS ................................................................................................................................................. 5
18.52.070
PRIVATE STREETS.................................................................................................................................... 5
18.52.080
ARTERIAL AND COLLECTOR ACCESS ............................................................................................................. 6
18.52.090
RELATION TO STREET SYSTEM AND ADJOINING PROPERTY DURING SUBDIVISION................................................... 7
18.52.100
DRIVEWAYS .......................................................................................................................................... 7
CHAPTER 18.54 - OFF STREET PARKING........................................................................................................................9
18.54.010
INTENT ................................................................................................................................................. 9
18.54.020
GENERAL REQUIREMENTS ........................................................................................................................ 9
18.54.030
MINIMUM REQUIREMENTS .................................................................................................................... 10
18.54.040
MIXED OCCUPANCIES ............................................................................................................................ 12
18.54.050
OFF-STREET LOADING............................................................................................................................ 13
18.54.060
INCENTIVES FOR REDUCING THE NUMBER OF PARKING STALLS ........................................................................ 13
18.54.070
DEVELOPMENT STANDARDS .................................................................................................................... 15
CHAPTER 18.55 – LANDSCAPING REQUIREMENTS.....................................................................................................17
18.55.010
INTENT ............................................................................................................................................... 17
18.55.020
TYPES OF LANDSCAPING ......................................................................................................................... 17
18.55.030
LANDSCAPE FEATURES, DESIGN, AND ALTERNATIVE LANDSCAPING OPTION ....................................................... 20
18.55.040
SPECIES CHOICE AND PLANT MATERIAL STANDARDS ..................................................................................... 21
18.55.050
IRRIGATION SYSTEM .............................................................................................................................. 21
18.55.060
MAINTENANCE OF PLANT MATERIALS ....................................................................................................... 22
18.55.070
PERFORMANCE ASSURANCE .................................................................................................................... 22
CHAPTER 18.56 - RECREATION/OPEN SPACE REQUIREMENTS..................................................................................24
18.56.010
INTENT ............................................................................................................................................... 24
18.56.020
RECREATION/OPEN SPACE QUALIFICATIONS............................................................................................... 24
CHAPTER 18.57 - PROTECTION OF TREES AND VEGETATION ....................................................................................27
18.57.010
INTENT ............................................................................................................................................... 27
18.57.020
PLANTING, REMOVAL, TOPPING AND/OR PRUNING OF PUBLIC TREES ............................................................... 27
18.57.030
TREE SPECIES TO BE PLANTED .................................................................................................................. 28
18.57.040
PUBLIC TREE CARE ................................................................................................................................ 28
18.57.050
TREE PROTECTION AND PRESERVATION ..................................................................................................... 28
18.57.060
TREE TOPPING ..................................................................................................................................... 29
18.57.070
PRUNING – CORNER CLEARANCE ............................................................................................................. 30
Agenda Item 8. a. Unified Development Code
Page 213 of 340
18.57.080
DEAD OR DISEASED TREE REMOVAL ON PRIVATE PROPERTY ........................................................................... 30
18.57.090
PRESERVATION OF TREES ON PRIVATE PROPERTY, AND WITH NEW DEVELOPMENT .............................................. 30
18.57.100
STANDARDS ........................................................................................................................................ 30
18.57.110
EXEMPTIONS ....................................................................................................................................... 31
CHAPTER 18.58 – MODEL HOMES ..............................................................................................................................33
18.58.010
MODEL HOMES ................................................................................................................................... 33
CHAPTER 18.59 - SITE PLANNING ...............................................................................................................................34
18.59.010
INTENT ............................................................................................................................................... 34
18.57.020
RELATE DEVELOPMENT TO STREET FRONTS OTHER THAN PEDESTRIAN ORIENTED STREETS .................................... 34
18.59.030
MULTIPLE BUILDING AND LARGE LOT DEVELOPMENT ................................................................................... 34
18.59.040
SITING SERVICE AREAS ........................................................................................................................... 34
18.59.050
ILLUMINATION ..................................................................................................................................... 36
18.59.060
STREET CORNERS.................................................................................................................................. 36
18.59.070
TRANSIT ............................................................................................................................................. 37
18.59.080
MAILBOXES......................................................................................................................................... 37
CHAPTER 18.60 - PEDESTRIAN CIRCULATION.............................................................................................................38
18.60.010
INTENT ............................................................................................................................................... 38
18.60.020
GENERAL GUIDELINES............................................................................................................................ 38
18.60.030
ON-SITE PEDESTRIAN CIRCULATION .......................................................................................................... 38
18.60.040
PEDESTRIAN PATHS TO ADJACENT USES AND TRANSIT FACILITIES..................................................................... 38
18.60.050
PEDESTRIAN AREAS AT BUILDING ENTRIES .................................................................................................. 39
18.60.060
PEDESTRIAN ACTIVITY AREAS AND PLAZAS .................................................................................................. 39
CHAPTER 18.61 - BUILDING DESIGN ...........................................................................................................................40
18.61.010
INTENT ............................................................................................................................................... 40
18.61.020
HUMAN SCALE ..................................................................................................................................... 40
18.61.030
ARCHITECTURAL SCALE .......................................................................................................................... 40
18.61.040
BUILDING DETAILS ................................................................................................................................ 41
18.61.050
MATERIALS AND COLOR......................................................................................................................... 41
18.61.060
MECHANICAL EQUIPMENT AND SERVICE AREAS........................................................................................... 42
CHAPTER 18.62 – SIGNS ..............................................................................................................................................43
18.62.010
INTENT ............................................................................................................................................... 43
18.62.020
EXEMPTIONS ....................................................................................................................................... 43
18.62.030
PROHIBITED SIGNS ................................................................................................................................ 44
18.62.040
TEMPORARY SIGNS ............................................................................................................................... 45
18.62.050
ILLUMINATION ..................................................................................................................................... 48
18.62.060
MAINTENANCE .................................................................................................................................... 48
18.62.070
LANDSCAPING FOR FREESTANDING AND MONUMENT SIGNS .......................................................................... 48
18.62.080
DISTRICT REGULATIONS ......................................................................................................................... 48
18.62.090
SIGNAGE ON AWNINGS AND MARQUEES ................................................................................................... 49
18.62.100
OFF-SITE BANNERS ............................................................................................................................... 49
18.62.110
COMMUNITY SIGN................................................................................................................................ 50
18.62.120
FARMERS MARKET ................................................................................................................................ 50
18.62.130
LEGAL NONCONFORMING SIGNS .............................................................................................................. 51
18.62.140
INSPECTION AUTHORITY......................................................................................................................... 52
18.62.150
REMOVAL OF UNLAWFUL SIGNS ............................................................................................................... 52
18.62.160
SIGN AREA – SQUARE FOOTAGE MAXIMUMS .............................................................................................. 53
18.62.170
GRAND OPENING/SPECIAL EVENT SIGN AREA. ............................................................................................. 56
CHAPTER 18.63 - HISTORIC PRESERVATION ...............................................................................................................57
18.63.010
INTENT ............................................................................................................................................... 57
18.63.020
YELM REGISTER OF HISTORIC PLACES......................................................................................................... 57
18.63.030
STANDARDS FOR LISTING ON THE REGISTER ................................................................................................ 57
CHAPTER 18.64 - ZONING OVERLAYS .........................................................................................................................58
18.64.010
INTENT ............................................................................................................................................... 58
Agenda Item 8. a. Unified Development Code
Page 214 of 340
18.64.020
PLANNED RESIDENTIAL DEVELOPMENT ...................................................................................................... 58
18.64.040
MIXED USE DEVELOPMENT ..................................................................................................................... 58
18.64.050
TOWNHOUSE DEVELOPMENT .................................................................................................................. 59
18.64.060
MANUFACTURED HOMES ....................................................................................................................... 60
CHAPTER 18.65 – HOME OCCUPATIONS ....................................................................................................................63
18.65.010
INTENT ............................................................................................................................................... 63
18.65.020
GENERAL REQUIREMENTS ...................................................................................................................... 63
18.65.030
DEVELOPMENT AND PERFORMANCE STANDARDS ........................................................................................ 63
CHAPTER 18.66 – ADULT ENTERTAINMENT BUSINESSES ..........................................................................................65
18.66.010
INTENT ............................................................................................................................................... 65
18.66.020
GENERAL STANDARDS FOR ADULT ENTERTAINMENT BUSINESSES .................................................................... 65
18.66.030
EXEMPTIONS ....................................................................................................................................... 66
18.66.040
ADULT ENTERTAINMENT BUSINESSES EFFECT ON OTHER LAWS ....................................................................... 66
CHAPTER 18.67 – DAY-CARE FACILITIES .....................................................................................................................67
18.67.010
FAMILY HOME CHILD CARE PROVIDERS ...................................................................................................... 67
18.67.020
CHILD DAY-CARE CENTERS ...................................................................................................................... 67
CHAPTER 18.68 – MARIJUANA RETAILERS .................................................................................................................68
18.68.010
INTENT ............................................................................................................................................... 68
18.68.020
DESIGN STANDARDS.............................................................................................................................. 68
CHAPTER 18.69 – SECURE COMMUNITY TRANSITION FACILITIES .............................................................................69
18.69.010
INTENT ............................................................................................................................................... 69
18.69.020
GENERAL REQUIREMENTS ...................................................................................................................... 69
CHAPTER 18.70 – WIRELESS COMMUNICATION FACILITIES ......................................................................................70
18.70.010
INTENT ............................................................................................................................................... 70
18.70.020
EXEMPTIONS ....................................................................................................................................... 70
18.70.030
LOCATION........................................................................................................................................... 71
18.70.040
THIRD PARTY TECHNICAL REVIEW ............................................................................................................. 71
18.70.050
CO-LOCATION...................................................................................................................................... 72
18.70.060
DESIGN STANDARDS FOR FREESTANDING WCFS. ........................................................................................ 72
18.70.070
DESIGN STANDARDS FOR ATTACHED WCF’S .............................................................................................. 75
18.70.080
DESIGN STANDARDS FOR WCF GROUND-MOUNTED EQUIPMENT STRUCTURES ................................................. 76
18.70.090
MAINTENANCE OF FACILITIES .................................................................................................................. 76
18.70.100
ABANDONMENT................................................................................................................................... 76
18.70.110
RADIO FREQUENCY STANDARDS............................................................................................................... 76
Agenda Item 8. a. Unified Development Code
Page 215 of 340
Agenda Item 8. a. Unified Development Code
Page 216 of 340
CHAPTER 18.50 – DESIGN STANDARDS
18.50.010 Intent
It is the intent of this chapter to incorporate the design standards of the City
of Yelm development regulations, design guidelines, Comprehensive Plan
and Vision Plan, and to apply specific conditions where they are most
appropriate.
Agenda Item 8. a. Unified Development Code
Page 217 of 340
CHAPTER 18.51 – ENVIRONMENTAL PERFORMANCE STANDARDS.
18.51.010 Intent
It is the intent of this chapter to protect public health and general welfare,
establish minimum standards for the control of environmental pollution and
to minimize the adverse effects of contaminants which may result from the
use of land by any activity or person.
18.51.020 Noise
A. The maximum allowable noise levels as measured at the property line of
noise-impacted uses or activities shall be those set forth in Chapter 17360 WAC, titled “Maximum Environmental Noise Levels,” which chapter is
incorporated by reference.
B. The Environmental Designation for Noise Abatement (EDNA) for the
several land use classifications of this title shall be as follows:
All living areas
(single-family, multifamily, etc.)
A
All commercial areas
B
All public/institutional areas
A
All industrial, warehouse areas
C
C. Noise levels of any sound source, when measured in the manner and
locations prescribed in Chapter 173-60 WAC shall not exceed the values
shown in Chapter 173-60 WAC.
18.51.030 Emissions
A. Air. The ambient air quality standards specified in the regulations of the
Olympic Region Clean Air Agency (ORCAA) shall apply to all air
contaminants listed therein.
Toxic substances not listed in the ORCAA regulations, but released into
the air, shall be limited in accordance with the most current publication
entitled “Threshold Limit Values” of the American Conference of
Governmental Hygienists.
B. Waste disposal. Liquid or solid wastes unacceptable to public sewer
authorities shall be disposed of on a regular basis in keeping with the
best operating characteristics of the industry, and in compliance with the
regulations and requirements of local, regional, state or federal agencies
having jurisdiction in waste disposal and environmental health and
safety.
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C. Heat and glare. Any operation producing intense heat or glare shall be
performed within an enclosure so as to completely obscure such
operation from view from any point along the property line.
D. Radioactive materials and radiation devices. The use, storage,
transportation and disposal of all radioactive materials and radiation
machines shall be subject to the regulatory jurisdiction and control of the
Radiation Control Agency of the Washington State Department of Health
as amended.
E. Vibration and concussion. No use shall cause earth vibrations or
concussions detectable without the aid of instruments beyond its lot
lines, with the exception of the temporary vibration produced as a result
of construction activity. Such temporary construction activity shall be
restricted to the hours of 7:00 am to 6:00 pm, unless work is considered
an emergency.
18.51.040 Aquifer, ground and soil contamination
Materials used or produced in any manufacturing process shall be handled in
such a manner as to prevent ground or soil pollution which destroys or
endangers the support of natural vegetation or which may contaminate
underground aquifers or other natural drainage systems.
18.51.050 Storage
In the conduct of any business, the storage of merchandise, raw materials,
equipment, fixtures, scraps or solid wastes shall comply with the following
requirements:
A. Every reasonable effort shall be made by persons operating a business to
store all such materials within an enclosed building, with the following
exceptions:
1. Where such inside storage is not practical or desirable for reasons
related to health, fire or safety codes;
2. Where the outside storage of merchandise, manufactured products or
raw materials is normal and standard practice, such as in the sale of
automotive equipment, mobile homes, lumber and building supplies,
gardening materials, nursery stock and the like, or on the site of
construction projects;
3. When materials or products are temporarily stored outside incidental
to shipping, delivery, loading or unloading thereof.
B. Outside storage shall be maintained in an orderly manner consistent with
good housekeeping practices and shall be:
1. Effectively fenced and screened from all residential areas and public
rights-of-way (an eight-foot solid fence is presumed to effectively
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screen outside storage, not all outside storage requires an eight-foot
solid fence);
2. Consistent with fire, safety, health and sanitary codes and industry
practices.
C. Storage in residential areas shall comply with the same requirements as
those specified for business establishments and shall, in addition to the
requirements of Section 18.51.050 (A) and (B) YMC, comply with the
following:
1. Motor vehicles, appliances and any other mechanical equipment
which is no longer operable shall not be stored outside for a period
exceeding 30 days;
2. Operable motor vehicles, boats, trailers, and recreational vehicles
may be stored on the premises; provided that they do not obstruct
the use of public right-of-way or interfere with traffic visibility,
especially the visibility of and at intersections of streets. Vehicles so
stored shall not be used as living quarters.
D. Storage in or on the public right-of-way is prohibited.
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CHAPTER 18.52 – TRANSPORTATION AND ACCESS
18.52.010 Intent
It is the intent of this chapter to provide for the uniform development of an
integrated, fully accessible transportation system that will facilitate present
and future travel demand.
18.52.020 Cul-de-sac
Streets designed to have one end permanently closed shall be no longer
than 600 feet nor shall such street serve greater than 25 housing units. At
the closed end, there shall be a widened "bulb" having a minimum paved
traveled radius as shown in the Yelm Engineering Specifications and
Standard Details “Minimum Street Design Standards Table”.
A street
designed to provide future connection to adjoining property shall not
constitute a dead-end street.
18.52.030 Dead ends
Where a street is temporarily dead-ended, turn around provisions must be
provided where the road serves more than one lot. The turnaround may be
a hammerhead with a minimum distance on both sides at the centerline
intersection of 60 feet to facilitate emergency vehicle turn-around.
18.52.040 Half street
The construction of a half street is not permitted.
18.52.050 Block length
No street shall extend for a distance greater than 660 feet without including
a provision for at least one intersection, or other traffic calming measures
approved by the Site Plan Review Committee.
18.52.060 Alleys
Where practical, commercial subdivisions shall include alleys for freight
access. Residential subdivision blocks including alleys shall be permitted
commensurate with reduction in right-of-way widths of parallel residential
streets.
18.52.070 Private streets
Private streets within City limits shall not be allowed except when approved
by the Site Plan Review Committee and when all conditions of this section
are met.
A. Private streets will not be allowed when:
1. The street is connected to two public streets.
2. The intersection of the street with another is signalized. (150 lineal
feet of the private street starting from the right-of-way will then be
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required to be a public roadway).
3. The street could be used as a thoroughfare or “short cut”.
4. It would not be in the best interest of the public due to a threat to the
public’s safety, health, and welfare.
B. Private streets may be allowed under the following conditions:
1. Permanently established by tract or easement providing legal access
to serve unlimited dwelling units situated on one parcel and sufficient
to accommodate required improvements, to include provisions for
future use by adjacent property owners when applicable, and
2. For nine or fewer units, shall require a minimum 30 foot paved
surface, and have a sidewalk four feet in width. Private street
serving multi-family or mobile homes all on one parcel shall provide a
four foot sidewalk on one side with such a design as to prevent
parking on the sidewalk, and
3. Accessible at all times for emergency and public service vehicle use,
and
4. Will not result in land locking of present or future parcels, nor
obstruct public street circulation, and
5. Covenants have been approved, recorded, and verified with the City
which provide for maintenance of the private streets and associated
parking areas by the owner or homeowners association or other legal
entity.
C. Acceptance of private streets as public streets will be considered only if
the street(s) meet all applicable public street standards, including rightof-way widths, walks, drainage, lighting, and pavement composition.
D. Each lot owner having right of access to a private street shall have a
contractual responsibility for maintenance of such private street. Any
private street shall also contain a public drainage and utilities easement.
Any land division including private streets shall clearly identify such
streets and include the following statement in prominent typeface,
“Warning: the City of Yelm has no responsibility to build, improve,
maintain or otherwise service the private streets within or providing
access to the property described in this subdivision.”
18.52.080 Arterial and collector access
Every subdivision or combination of subdivisions of 25 or more housing
units, and any commercial or industrial development calculated to generate
more than 250 vehicle trips per day, shall provide more than one vehicular
access from an arterial or collector street.
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Lots within a residential subdivision shall be designed so that lots adjacent to
arterial and collector streets are not allowed direct access. The Public Works
Director may approve direct access as an exception to the above
requirement upon written finding that:
A. Sight distances comply with the Yelm Engineering Specifications and
Standard Details for the posted speed plus 10 miles per hour;
B. The safety of the traveling public is not likely to be jeopardized;
C. The applicant is able to show to the satisfaction of the director that a
significant hardship would exist if access is not approved;
D. No other practical and feasible access is available.
18.52.090 Relation to street system and adjoining property during
subdivision
The layout of streets shall provide for continuation of streets existing in
adjoining subdivisions. When adjoining property is not subdivided, streets in
the proposed subdivision shall provide access to such unplatted property in
accordance with the Yelm transportation plan.
Each lot within a proposed subdivision shall be served by a street built to
applicable City street standards as set forth in the Yelm Engineering
Specifications and Standard Details and the Yelm Transportation Plan,
regardless of whether such street is to be public or private. All bridges,
streets, roads, alleys and other facilities for vehicle and pedestrian
circulation shall be constructed in accordance with the minimum standards
set forth in such documents. In addition, such development shall not result
in traffic loading within the urban growth area which exceeds those levels of
service established by the city as calculated by utilizing the Highway
Capacity Manual.
18.52.100 Driveways
The location, width and manner of approach of vehicular ingress or egress
from a building or parking area to a public street shall be located based on
the interest of public safety and general welfare.
Each lot shall contain sufficient square footage to meet minimum zoning and
health requirements. Such area shall not include any panhandle access.
Any panhandle access shall have a minimum width of 20 feet. These lot size
standards shall not apply to any lot which is limited to special purposes such
as common open space, utility facilities, or protection of environmental
resources, so long as such limited use is established by a statement on the
face of the subdivision map.
Driveway widths and spacing shall be designed following the Institute of
Transportation Engineers (ITE) “Guideline for Driveway Design & Location”,
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latest edition. Driveways giving direct access onto arterials may be denied if
alternate access is available.
A. Parking lot entrances, driveways and other vehicle access routes onto
private property from a public right-of-way shall be restricted based upon
width of frontage: One for 0-50 foot frontage, two for 50-150 foot
frontage, three for 150-500 foot frontage, and four for over 500 foot
frontage.
B. Residential driveway widths shall not exceed 24 feet.
C. Commercial driveway widths may vary from 24 for low volume activity
(providing that 20 foot radii are used), to a maximum of 36 feet for
undivided design, higher volume activity. A 36 foot driveway shall be
marked with two exit lanes of 10-11 foot width, with the balance used for
a single, wide entry lane. Industrial driveway widths shall not exceed 50
feet.
D. No commercial driveway shall be approved where backing onto the
sidewalk or street is required, except in specified locations within the
central business district.
E. Joint-use driveways serving two adjacent parcels may be built on their
common boundary upon formal written agreement by both property
owners and approval of the Site Plan Review Committee. The agreement
shall be a recorded easement for both parcels of land specifying joint
usage.
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CHAPTER 18.54 - OFF STREET PARKING
18.54.010 Intent
It is the intent of this chapter to:
A. Assure that space is provided for the parking, loading and unloading of
motor vehicles on the site of premises or uses which attract said motor
vehicles;
B. Provide minimum standards of space and parking arrangements, and for
the movement of motor vehicles into and out of such spaces;
C. Avoid or reduce traffic congestion on public streets by:
1. Keeping the need for on-street parking to a minimum, and
2. Controlling access to sites;
D. Enhance safety for pedestrians and motor vehicle operators; and
E. Encourage the creation of an aesthetically pleasing and functionally
adequate system of off-street parking and loading facilities.
18.54.020 General requirements
A. Off-street parking spaces and driveways shall not be used at any time for
purposes other than their intended use, i.e., the temporary storage of
motor vehicles used by persons visiting or having business to conduct on
the premises for which the parking is provided.
B. Minimum parking space required and intended for use by occupants or
users of specific premises shall not be leased or rented to others, nor
shall such space be made unavailable through other means to the users
for whom the parking spaces are intended. This, however, does not
preclude shared parking arrangements.
C. Whenever a building or a piece of land is put to a use different from the
immediately preceding use, or when a building is remodeled,
reconstructed or expanded, adequate off-street parking shall be provided
consistent with the new use, reconstruction or expansion of the
premises.
D. Consideration from the Site Plan Review Committee should be given as
to the requirements and standards for off-street parking as they pertain
to the central business district.
E. Off-street parking facilities shall be located as hereinafter specified;
where a distance is specified, such distance shall be the walking distance
measured from the nearest point of the parking facilities to the nearest
point of the building that such facility is required to serve.
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F. For a single-family dwelling or multifamily dwellings, the parking facilities
shall be located on the same lot or building site as the building they are
required to serve.
G. For churches located in any zones, parking facilities shall be located on
the site; consideration may be given to parking facilities located not
farther than 150 feet from the building.
H. For hospitals, sanitariums, homes for the aged, asylums, orphanages,
rooming houses, lodging houses, nursing and convalescent homes,
community clubs and club rooms, parking facilities shall be located not
farther than 150 feet from the facility.
I.
For uses other than those specified, parking facilities shall be located not
farther than 300 feet from the facility.
J.
Handicapped parking shall meet the guidelines of the International
Building Code as adopted in Chapter 18.23 YMC.
K. Exceptions or modifications to the provisions of this chapter shall be
processed as a variance application.
18.54.030 Minimum requirements
The requirements for off-street parking and loading facilities and their design
shall be regarded as the minimum; however, the owner, developer or
operator of the premises for which the parking facilities are intended shall be
responsible for providing adequate amounts and arrangement of space for
the particular premises even though such space or its arrangement is in
excess of the minimum set forth in this chapter.
For special uses, the parking requirement shall be as provided in that
chapter or as determined by the Site Plan Review Committee.
A. Residential uses. Single family, duplexes and multi-family dwellings
require two parking spaces per dwelling unit.
Housing intended for exclusive use of, and occupied by senior citizens
shall provide one space for every three dwelling units plus two-tenths
space per dwelling unit in buildings containing five or more dwelling
units. Housing in which the dwelling units are characterized by one room
enclosing all activities (sometimes referred to as “bachelor” or
“efficiency” units) shall provide one and one-half parking spaces for each
dwelling unit, plus two-tenths space per dwelling unit in buildings
containing five or more dwelling units.
B. Commercial uses. In the several commercial districts, off-street parking
requirements shall be as shown herein; provided, that all of the property
is controlled by a single person or corporation, or written agreements for
shared parking, acceptable to the City, are filed with the community
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development department. Shared parking agreements are acceptable
only if the physical relationship between the premises makes such
sharing possible and results in superior design in terms of layout, access,
reduced curb cuts and the like.
In the following list, the parking requirements for specific uses listed
shall be determined through a formula of one stall per number of gross
floor area (GFA), or as specified.
Type of Use
Minimum Parking Requirements
Banks, saving and loan
associations, business and
professional offices
One per 300 sq. ft. of GFA.
Retail establishments, including
grocery stores
One per 250 sq. ft. of GFA.
One per 200 sq. ft. of GFA.
Establishments for the sale and
consumption of food and
beverages, including fraternal and
social clubs
Boarding, lodging or rooming
houses
One and one-half for each sleeping room.
Institutions, sanitariums and longterm facilities
One for each two beds, plus one per employee
based on the greatest number of care employees on
a single shift.
Churches, mortuaries or funeral
homes
One for six seats in the principal place of assembly
or worship, including balconies and choir loft.
Hospitals
One for each bed, plus one per employee based on
the greatest number of employees on a single shift.
Libraries and museums
One for each eight occupants, based on maximum
occupants per the International Building Code.
Medical or dental clinics
One and one-half per patient treatment room/area,
plus one space per employee based on the greatest
number of employees on a single shift.
Motels, hotels
One for each unit, plus one per employee based on
the greatest number of employees on a single shift.
Motor vehicle or machinery sales,
wholesale stores, furniture stores
One for each 400 sq. ft. of GFA.
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Schools:
High schools
One for each four students that enrolled and are of
legal driving age, plus one per classroom and office.
Public assembly areas, such as auditoriums,
stadiums etc., which are primary uses, shall be
considered a separate use in determining parking.
Elementary and junior high schools One for each ten students of design capacity.
Places of assembly without fixed
One for each ten occupants, based on the maximum
seats, e.g., stadiums, auditoriums, occupant load per the International Building Code.
and churches
Assembly areas, less-concentrated One for each ten occupants, based on the maximum
occupant load per the International Building Code.
use, e.g., conference rooms and
gymnasiums
Theaters
One for each six seats.
C. General industrial uses.
1. One space per employee based on the greatest number of employees
on a single shift, plus
2. One square foot parking per square foot of display or retail area, plus
3. One space for each vehicle owned, leased or operated by the
company.
D. Specific industrial uses. Warehouses require one space per 1,000 sq. ft.
GFA, plus one space per 400 sq. ft. of GFA used for office or display.
Off-street parking requirements for uses similar or related to, or any use not
specifically listed above, shall be determined by the Site Plan Review
Committee on the basis of the requirement for similar uses, and on the basis
of evidence of actual demand created for similar or related uses in Yelm, and
such other traffic engineering or planning data as may be available and
appropriate for the establishment of minimum and maximum parking
requirements.
18.54.040 Mixed occupancies
In the case of two or more uses in the same building, the total requirements
for off-street parking facilities shall be the sum of the requirements for the
several uses computed separately. Off-street parking facilities for one use
shall not be considered as providing required parking facilities for any other
use, except as hereafter specified in incentives for reducing the number of
parking stalls, Section 18.54.060 YMC.
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18.54.050 Off-street loading
Off-street loading shall be required for all commercial establishments which
are engaged in the retailing or wholesaling of merchandise requiring regular
delivery such as food retailers, lumber yards, hardware stores, department
stores and the like.
Total Gross Floor Area of Building(s)
Space Required
Less than 5,000 sq. ft.
One
5,000 sq. ft. to 25,000 sq. ft.
Two
25,000 sq. ft. to 50,000 sq. ft.
Three
Each additional 50,000 sq. ft. or fraction
thereof in excess of 25,000 sq. ft.
One additional
All off-street loading and unloading spaces shall be of adequate size and with
adequate access thereto to accommodate a vehicle 45 feet in length, 12 feet
in width and 14 feet in height. Each loading space shall be surfaced with an
asphalt, concrete or similar pavement so as to provide a surface that is
durable and dust-free and shall be so graded and drained as to properly
dispose of all surface water, and shall, moreover, comply with Yelm
Engineering Specifications and Standard Details.
Any floor area provided by additions to or structural alterations to a building
shall be provided with loading space or spaces as set forth herein whether or
not loading spaces have been provided for the original floor space.
18.54.060 Incentives for reducing the number of parking stalls
The City may allow the overall parking ratio (stalls/floor area, people or
employees) to be reduced for buildings of 5,000 square feet or more,
provided such reductions are consistent with the intent of this chapter.
Reduction in parking areas may include any combination of incentives;
provided, that the overall reduction does not exceed 25 percent of the
minimum area required by Section 18.54.030 YMC. Reductions in parking
requirements may occur pursuant to, but are not limited to, the following
guidelines:
A. A reduction of the required parking is possible with coordinated design
and shared access to consolidated parking areas linked by pedestrian
walkways.
B. Multiple parcels, under separate ownership, shall be treated as a single
development site if all owners agree. Where adjoining parking facilities
of two or more ownerships are developed and designed as one parking
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facility, a reduction of up to 15 percent of the total combined required
parking spaces may be permitted.
C. In a mixed use development a reduction of the required parking is
possible if, through a quantified parking demand analysis, it can be
demonstrated that parking requirements for the highest and best uses
occur at off-setting peak times.
D. Primary night-time uses such as theaters and bowling alleys may receive
up to a 50 percent reduction in providing the required number of parking
stalls if:
1. A lease for the equivalent parking stall reduction is obtained from a
primary day-time user such as a bank, office or retail store;
2. Leased parking is within 300 feet of the associated use, as long as a
pedestrian walkway exists or is provided between parking area and
use.
E. Two or more uses may share a parking area or garage if:
1. The continuation of joint or shared facilities shall be assured by a
sufficient legal document such as a covenant or reciprocal easement
agreement or recorded covenant on the approved site plan or by
participation in a local improvement district.
2. Off-site leasing of parking areas may be utilized to meet the required
ratio of parking for the proposed use; provided, that the leased
parking is within 300 feet of the proposed use, as long as a
pedestrian walkway exists or is provided between parking area and
use.
F. Alternative programs that may be considered by the Site Plan Review
Committee under this section include, but are not limited to the
following:
1. Private vanpool operation;
2. Transit/vanpool fare subsidy;
3. Imposition and maintenance of a charge for parking;
4. Provision of subscription bus services;
5. Flexible work hour schedule;
6. Capital improvements for transit services;
7. Preferential parking for carpools/vanpools;
8. Participation in the ride-matching program;
9. Reduction of parking fees for carpools and vanpools;
10. Establishment of a transportation coordinator position to implement
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carpool, vanpool and transit programs;
11. Bicycle parking facilities.
18.54.070 Development standards
Parking area design shall include:
A. Internal circulation of the lot shall be so designed as to minimize in-andout driving time, idling time, time spent looking for a parking space
without reentering adjoining public streets.
B. Off-street parking areas shall be designed to provide for the safe and
convenient circulation of pedestrians and vehicle traffic within the
parking area and between the parking area and adjacent streets.
C. Provide access roads through large lots with more than one street
frontage.
D. Provide shared parking facilities between adjacent compatible land uses.
E. Convenient, marked pedestrian access shall be provided from parking
areas to pedestrian linkage systems and from parking areas to principal
uses.
F. Except as approved by the Site Plan Review Committee in specified
locations within the central business district, in all commercial and
industrial developments, and in all residential buildings containing five or
more dwelling units, parking areas shall be so arranged as to make it
unnecessary for a vehicle to back out into any street or public right-ofway.
G. Adequate provision shall be made for individual ingress and egress by
vehicles to all parking stalls at all times by means of unobstructed
maneuvering aisles. Maneuvering aisles, parking stall dimensions and
requirements shall be as shown in the Yelm Engineering Specifications
and Standard Details.
H. In all parking facilities containing 25 or more parking spaces, a maximum
of 25 percent of the required parking spaces may be reduced in size for
the use of small cars, provided these spaces shall be clearly identified
with a sign permanently affixed immediately in front of each space
containing the notation “Compacts Only.” Spaces designed for small cars
may be reduced in size as listed in the Yelm Engineering Specifications
and Standard Details for minimum parking dimensions. Where feasible,
all small car spaces shall be located in one or more contiguous areas
and/or adjacent to ingress/egress points within parking facilities.
Location of compact car parking spaces shall not create traffic congestion
or impede traffic flows.
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I.
When off-street parking is provided in the rear of a building and a
driveway or lane alongside the building provides access to the rear
parking area, such driveway or lane shall be a minimum width of 20 feet
with a sidewalk meeting ADA requirements adjoining the building and
curbed or raised six inches above the driveway surface.
J.
An owner/developer may install the required parking spaces in phases if
a phased schedule has been approved by the Site Plan Review
Committee. This schedule must specifically indicate when the minimum
parking requirements of Section 18.54.030 YMC will be provided. The
Site Plan Review Committee may permit the use of temporary parking
areas with appropriate screening as part of a phasing schedule. In
addition, the Site Plan Review Committee may require a performance
assurance device to insure conformance with the requirements and intent
of Chapter 18.53 YMC.
K. Parking angles may be varied on different aisles within a single parking
area to permit more efficient space utilization.
L. Dead-end aisles shall be considered as two-way aisles.
M. Turn around areas will be required when necessary.
N. All parking areas and driveways must be surrounded by a six inch high
vertical concrete curb if the lot is visible from the street.
O. All landscaped and pedestrian
encroachment by parked cars.
areas
shall
be
protected
from
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Page 232 of 340
CHAPTER 18.55 – LANDSCAPING REQUIREMENTS
18.55.010 Intent
It is the intent of this chapter is to establish minimum requirements and
standards for landscaping and screening for all residential and nonresidential
projects, with the exception of individual single-family residences, to
promote safety, to provide screening between incompatible land uses, to
safeguard privacy, and to protect the aesthetic assets of the City.
18.55.020 Types of landscaping
A. Dense sight barrier.
1. Purpose. Dense sight barrier landscaping is intended to provide a
physical buffer to significantly separate conflicting uses and land use
districts.
2. When required.
Whenever a nonresidential activity is proposed
adjacent to a residential zone or when required by the Site Plan
Review Committee for special uses, capital facilities, or to buffer
conflicting uses.
3. Description.
a. All plant materials and living groundcover must be selected and
maintained so that the entire landscape area will be covered within
three years.
b. Any combination of trees, shrubs, fences, walls, earthen berms and
related plant materials or design features may be selected;
provided, that the resultant effect is sight-obscuring from adjoining
properties.
c. A minimum of 15 feet of width shall be required when dense site
barrier landscaping design is utilized.
B. Perimeter landscape.
1. Purpose. Perimeter landscaping is intended to provide separation of
uses from streets, and visual separation of compatible uses so as to
soften the appearance of streets, parking areas and building
elevation.
2. When required. Perimeter landscape is required for all residential
and non residential developments, with the exception of a single
family residence.
3. Description.
a. All plant materials and living groundcover must be selected and
maintained so that the entire landscape area will be covered within
three years.
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b. Any combination of evergreen and deciduous trees (with no more
than 50 percent being deciduous), shrubs, earthen berms and
related plant materials or design features may be selected;
provided, that the resultant effect is to provide partial screening
and buffering between uses and of softening the appearance of
streets, parking and structures.
c. When perimeter landscaping is used to provide partial screening
between uses, a minimum planting area of eight feet in width shall
be provided.
C. Streetscapes.
1. Purpose. Streetscape landscaping is intended to provide visual relief
where clear sight is desired. This landscaping is utilized along
pedestrian corridors and walks for separation of pedestrians from
streets and parking areas while providing an attractive setting and
overstory canopy.
2. When required. Streetscape landscaping is required as part of street
frontage improvements.
3. Description.
a. This type of landscaping consists of street trees for a large
overstory canopy along streets and pedestrian corridors and
approved vegetation for groundcover.
b. Street trees shall be chosen from a street tree list as adopted by
the Yelm tree advisory board.
Decorative protection may be
placed around the trees.
c. Ground cover shall be a minimum four inch pots spaced 18 to 20
inches on center or one gallon pots at 20 inches on center. Low
growth shrubs shall be one gallon pots at three feet on center.
Shrubs shall be 18 to 24 inches in height at five feet on center or
three gallon pot at five feet on center.
d. Earthen berms with grass or other vegetative groundcover and
other design features may be worked into landscaping provided the
resultant effect of providing a pedestrian-friendly environment and
visual relief where clear site is required can be achieved.
e. The minimum width for streetscape landscaping shall be six feet to
provide adequate rooting area for large street trees and to provide
adequate streetscape. A four-foot width may be used through
parking area pedestrian walks where accent trees are used and
less width is required.
f. Planting theme shall be a ratio of three street trees to one accent
Agenda Item 8. a. Unified Development Code
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tree.
g. Trees shall be spaced 35 feet on center starting 15 feet from the
property line. Tree spacing may be adjusted to allow unobstructed
sight distance on either side of a driveway and at street
intersections. Tree spacing may also be adjusted when in conflict
with luminaire poles.
D. Parking lot landscaping.
1. Purpose. Parking lot landscaping is intended to provide visual relief
and shade in parking areas.
2. When required. Parking lot landscaping is a required element of any
parking area, with the exception of single family residences.
3. Description.
a. Parking areas shall have a minimum of at least 24 square feet of
landscape development for each parking stall proposed.
b. Each area of landscaping must contain at least 100 square feet of
area and must be at least six feet in any direction.
c. Live groundcover shall be provided throughout each landscaping
area. Groundcover may be a combination of shrubs and trees that
provide the desired effect of providing visual relief and green space
within the parking area. Groundcover shall be selected and
maintained so that the entire landscaped area will be covered
within three years.
d. At least three percent of the parking area, excluding any other
required landscaping, shall be utilized for landscaping;
e. Each planting area must contain at least one tree. Planting areas
shall be provided with the maximum number of trees possible.
f. No parking stall shall be located more than 50 feet from a tree.
g. A landscaped area must be placed at the interior end of each
parking row in a multiple-lane parking area.
h. A minimum of 60 percent of the trees must be deciduous and 40
percent evergreen.
Up to 100 percent of the trees may be
deciduous.
i. All parking areas located adjacent to any private street or public or
right-of -way shall provide a minimum five-foot planted buffer strip
between the parking area and the private street or public right-ofway.
j. Permanent curbs and/or structural barriers shall be provided to
protect the plantings from vehicle overhang.
Agenda Item 8. a. Unified Development Code
Page 235 of 340
E. Stormwater facility landscaping.
1. Purpose. The intent of stormwater facility landscaping is to provide
visual relief in stormwater retention/detention areas.
2. When required.
Stormwater facility landscaping is a required
component of any stormwater facility.
3. Description.
a. The floor and slopes of any stormwater retention/detention area
shall be planted in vegetation that is suitable and will thrive in
hydric soils.
b. The landscaping of the stormwater facility shall be incorporated
with all on-site landscaping.
c. When biofiltration swales and ponds are used in any development
other than residential subdivisions, they shall be incorporated into
overall site design through one of the following means listed in
order of preference:
i.
Locate biofiltration swales, pond, or other approved
biofiltration systems at the side or rear of the lot and
incorporate as part of a landscape screen.
ii.
Locate biofiltration swale, wet pond, or other approved
biofiltration system within the paved parking or service area.
iii.
Locate swale along the front edge of the property.
Incorporate landscaping and screening to visually enhance
the swale.
iv.
If the biofiltration swale is located and/or designed as a
positive landscaping feature with an approved design and
plant materials, it may be counted as part of the required site
landscaping.
18.55.030 Landscape features, design, and alternative landscaping
option
An alternative landscaping proposal that provides a better solution in terms
of public benefit may be approved with one or more of the following
elements:
A. Decorative paving or sculptures shall not exceed 25 percent of the
required area.
B. Integrate interior surface parking area landscaping
biofiltration swales, or surface water retention ponds.
with
required
C. Incorporate or protect natural features including wetlands, significant
trees and vegetation, and slopes.
Agenda Item 8. a. Unified Development Code
Page 236 of 340
D. Preserve distant views.
E. Provide significant pedestrian oriented space in excess of minimum
requirements.
F. Create an extension or connection to a local park or a regional
bicycle/pedestrian trail system.
G. Retain natural
development.
vegetation
or
stands
of
trees
existing
prior
to
18.55.040 Species choice and plant material standards
The applicant shall utilize plant materials that are drought resistant,
complement the natural character of the pacific northwest, are not listed as
invasive species, and conform to the following:
A. All landscaping shall include at least 75 percent of ground cover and
shrubs, and 50 percent of trees that are native or non-invasive
naturalized species.
B. At least 60 percent of all landscaping shall be drought tolerant (unless
site conditions assure adequate moisture.)
C. Existing vegetation may be used to augment required landscaping.
D. Trees shall be a minimum of two inch caliper measured six inches above
the base at the time of planting and shrubs must be capable of growing
to a minimum of five feet in height, within three years.
E. When the width of any landscape strip is 20 feet or greater, the required
trees shall be staggered in two or more rows.
F. Ground cover shall be minimum four inch pot spaced 18 to 20 inches on
center or one gallon pots at 20 inches on center, planted and spaced to
result in total coverage of the required area within five years.
G. Low growth shrubs shall be one gallon pots at three feet on center.
H. Shrubs shall be 18 to 24 inches in height at five feet on center or three
gallon pot at five feet on center.
I.
Fences shall be placed on the inward side of any required perimeter
landscaping.
J.
Berms shall not exceed a slope of two horizontal feet to one vertical foot
(2:1).
18.55.050 Irrigation system
Except for areas of undisturbed existing vegetation or low areas with
existing high soil moisture conditions, landscape areas shall have irrigation
systems or be within 75 feet of a hose spigot.
Agenda Item 8. a. Unified Development Code
Page 237 of 340
A. Choose irrigation devices and design the irrigation system to positively
prevent runoff or overspray onto impermeable hardscape under all
conditions regardless of wind or possible equipment misalignment.
B. Assign separate station/zones (hydrozones) to areas with dissimilar
water or scheduling requirements. For example; separate zones should
be designed for trees, shrubs, flowers, shady areas, sunny areas, drip
irrigation and sprinklers.
C. Locate sprinkler heads based on a thorough evaluation of physical,
environmental, and hydraulic site conditions, including wind. The design
must not permit sprinklers to overspray onto impermeable hardscape
under any condition.
D. Specify drip irrigation for all zones planted in one-gallon or larger size.
E. Specify weather-based irrigation controllers (WBIC).
F. Specify check valves wherever necessary to prevent low-head drainage.
18.55.060 Maintenance of plant materials
A. The property owner shall replace any unhealthy or dead plant materials
in conformance with the approved landscape development proposal and
shall maintain all landscape material.
B. All trees, plant materials and landscaped areas shall receive sufficient
water to be kept in a healthy and growing manner.
C. All landscaping shall be maintained with respect to pruning, trimming,
mowing, watering, insect control, fertilizing, or other requirements to
create a healthy growing condition, attractive appearance and to
maintain the purpose of the landscape type.
D. Dead, diseased, stolen, vandalized or damaged plants shall be replaced
within the next planting season, with the plants indicated on the
approved landscape plan.
E. All landscaped areas shall be maintained reasonably free of weeds and
trash.
F. All required landscaping which is located within public right-of-way shall
be maintained by the abutting property owner.
18.55.070 Performance assurance
A. The required landscaping must be installed prior to project completion or
certificate of occupancy, unless the Site Plan Review Committee
determines that an assigned savings is appropriate. In no case may the
property owner/developer delay performance for more than one year.
B. The City may accept as an alternative, a contractual agreement or bond
between the owner/developer and a licensed landscape architect,
Agenda Item 8. a. Unified Development Code
Page 238 of 340
Washington-certified nurseryman, or Washington-certified landscaper,
along with a rider or endorsement specifically identifying the City as a
party to the agreement for purposes of enforcement. Nothing in this
alternative shall be interpreted to in any way modify the conditions of
subsection A of this section.
C. If an assigned savings is executed, the value of this device must equal to
150 percent of the estimated cost of the landscaping to be performed,
and shall be utilized by the City to perform any necessary work, and to
reimburse the City for documented administrative costs associated with
action on the device. If costs incurred by the City exceed the amount
provided by the assurance device, the property owner shall reimburse
the City in full, or the City may file a lien against the subject property for
the amount of any deficit.
D. Upon completion of the required landscaping by the property owner, at
or prior to expiration of the assigned savings, the City shall promptly
release the assigned savings.
E. The owner/developer of any project requiring site plan review approval,
subdivision approval, or short subdivision approval shall provide a
performance assurance device in order to provide for maintenance of the
required landscaping until the tenant or homeowners’ association
becomes responsible for landscaping maintenance. This performance
assurance device shall be 150 percent of the anticipated cost to maintain
the landscaping for three years.
Agenda Item 8. a. Unified Development Code
Page 239 of 340
CHAPTER 18.56 - RECREATION/OPEN SPACE REQUIREMENTS
18.56.010 Intent
It is the intent of this chapter to establish minimum requirements and
standards for providing recreation and/or preserving open space for the
economic welfare, social well being, and quality of life for the City and its
citizens.
A. All residential developments shall include, as a condition of approval,
either the dedication of a portion of the site to be developed as
recreational areas for public purposes, or other mitigation as determined
to be consistent with the intent of this section, or both, pursuant to this
chapter. The area must be an area of land which is supplemental and in
addition to any setbacks, yard, streets, vehicular access or parking areas
and similar areas ordinarily associated with residential development.
Recreation area or open space may include, but is not limited to,
greenbelts, parks, athletic fields, recreation areas, trails and walkways
intended for access to the area, and/or environmentally sensitive areas.
B. For purposes of all single-family residential developments, any dedication
of recreation/open space pursuant to this chapter shall be in an amount
equal to or greater than five percent of the gross area of the proposed
development.
For purposes of all multifamily residential developments and combined
single-family and multifamily residential developments, any dedication of
recreation/open space pursuant to this chapter shall be in an amount
equal to or greater than 10 percent of the gross area of the proposed
development.
C. The City may waive the dedication requirements of this chapter, provided
the applicant makes an adequate showing that the purposes of this
chapter will be served by the creation of private recreation or open space
that otherwise meets the criteria above. Under such circumstances, the
City may, in its sole discretion, authorize the establishment of a private
recreation area or open space under appropriate terms and conditions.
D. The City may also, in its sole discretion, allow both the dedication of
space, and mitigation provided the City determines that the purposes of
this chapter are served by allowing a combination of both.
18.56.020 Recreation/Open space qualifications
To qualify as recreation/open space for purposes of the chapter, all
dedicated areas must have the following attributes and characteristics:
A. Use. Recreation/Open space shall be dedicated for one or more of the
following uses:
Agenda Item 8. a. Unified Development Code
Page 240 of 340
1. Environmental interpretation, protection, or other education;
2. Active recreation parks
3. Off-road footpaths or bicycles trails;
4. Any other use found by the City to further the purposes of this
chapter.
B. Suitability. All areas dedicated as recreation/open space must be suitable
for one or more of the uses described in subsection A of this section and
be of such topographic, hydrologic, geologic and other physical
characteristics so as to be, in the view of the City, suitable. Areas
including aboveground utilities and stormwater retention facilities are
declared to be unsuitable.
C. Siting. All recreation/open space lands must be located and sized to be
suitable for their intended purpose. The City may deny approval of the
dedication where proposed areas are so located or sized as to be
unreasonably inefficient for the public or private owner to maintain or
utilize, or which the City deems to be isolated by barriers or
unreasonably remote by distance from the intended users, or to be of no
benefit to the residents of the proposed development or to the public.
D. Access. In order to serve the recreational needs of the public, at least 75
percent of dedicated recreation area associated with each development
must be accessible to either the general public or to all residents of the
associated development.
E. Ownership. The applicant shall warrant that he or she is dedicating full
fee title to the area free and clear of any and all encumbrances. All
documents associated with such dedication shall be subject to review and
approval by the City. The City may require that any such documents be
recorded as appropriate in the form of the document.
F. Notice. Notice of the dedication shall be provided by means appropriate
to the intended use. Such notice shall include at minimum one posted
sign and one form of public record of the dedication use which can
reasonably be expected to be revealed by a title abstract of the property.
Such record may include a statement on the face of a recorded
subdivision or recorded deed covenants and restrictions.
G. Off-site recreation/open space. Where no site within the proposed
development meets the above qualifications, the City may require that
the applicant offer lands outside the development; provided, that the
area is qualified in all other respects, that the applicant certifies and
warrants that he or she has the necessary authority to convey the offsite property in fee title to the City, free and clear of any and all
encumbrances, and that such off-site area is within the boundaries of the
Agenda Item 8. a. Unified Development Code
Page 241 of 340
same sub-area identified in the land use element of the Comprehensive
Plan as the development itself.
Agenda Item 8. a. Unified Development Code
Page 242 of 340
CHAPTER 18.57 - PROTECTION OF TREES AND VEGETATION
18.57.010 Intent
It is the intent of this chapter to:
A. Promote public health, safety and general welfare of the citizens of Yelm
without preventing the reasonable development and maintenance of
land;
B. Preserve and enhance the City’s physical and aesthetic character by
preventing indiscriminate removal or destruction of trees and
groundcover, and by encouraging development that incorporates existing
trees and groundcover into site development practices;
C. Retain trees for their positive environmental effects including, but not
limited to the protection of wildlife habitat;
D. Provide for the regulation of the planting, maintenance and removal of
trees in the public right-of-way and on City-owned property;
E. Promote the conservation of energy;
F. Educate the public regarding urban forestry;
G. Implement the objectives of the State’s Environmental Policy Act and
Growth Management Act; and
H. Implement and further the City’s Comprehensive Plan and other related
ordinances.
18.57.020 Planting, removal, topping and/or pruning of public trees
A. Approval from the community development department shall be obtained
prior to any planting, removal, topping and/or major pruning of public
trees. Major pruning includes the trimming or cutting back of limbs two
inches in diameter or greater, root pruning, or trimming or cutting out of
branches and limbs constituting greater than 10 percent of the tree’s
foliage-bearing area, and conducted in a manner that retains the natural
form of the tree.
B. The location of any street trees to be planted or removed shall be
identified and mapped to keep the street tree inventory current.
C. Utility companies shall notify the City prior to pruning any tree located on
City-owned property for the purpose of maintaining safe line clearance
and shall carry out all such work in accordance with accepted
arboricultural standards.
D. Any approval granted under this chapter shall expire six months from the
date of issuance, unless approval is associated with another development
permit. If it is associated with another development permit, the
restrictions and deadlines of that approval will apply. Upon a written
Agenda Item 8. a. Unified Development Code
Page 243 of 340
request, the approval not associated with another development permit
may be extended by the Site Plan Review Committee for one six-month
period. Approved plans shall not be amended without being resubmitted
to the City. Minor changes consistent with the original approval intent will
not require a new approval. The approval may be suspended or revoked
by the City because of incorrect information supplied or any violation of
the provisions of this chapter.
18.57.030 Tree species to be planted
The City of Yelm tree advisory board shall maintain a list of desirable trees
for planting along City streets and right-of-ways.
18.57.040 Public tree care
A. The planting or removal of hawthorn or other trees of City historical
significance located in the City right-of-way or other public place shall
require approval of the City Council, based on recommendation by the
tree board. All other trees in the City right-of-way may be planted,
pruned or removed at the discretion of the Site Plan Review Committee.
B. The City shall have the right to plant, prune, maintain and remove trees,
plants and shrubs within the lines of all streets, alleys, avenues, lanes,
squares and public grounds, as may be necessary to ensure public safety
or to preserve or enhance the symmetry and beauty of such public
grounds.
C. The City may remove, or cause or order to be removed, any tree or part
thereof which is in an unsafe condition or which by reason of its nature is
injurious to sewers, electric pole lines, gas lines, water lines, or other
public improvements, or is affected with any injurious fungus, insect or
other pest.
D. This section does not prohibit the planting of street trees by adjacent
property owners; providing, that the selection and location of such trees
is in accordance with Chapter 18.54 YMC.
E. Pruning methods shall comply with current American National Standard
for Tree Care Operations – Tree, Shrub and Other Woody Plant
Maintenance – Standard Practices.
18.57.050 Tree protection and preservation
A. All street and public trees near any excavation, demolition, or
construction of any building, structure, street, or utility work must be
sufficiently guarded and protected by those responsible for such work as
to minimize potential injury to said trees and to maximize their chance
for survival. When street and public trees are near the project, any
construction permits issued by the City must be approved by the Site
Agenda Item 8. a. Unified Development Code
Page 244 of 340
Plan Review Committee, who may require protective measures as
specified in the Arboricultural Manual.
B. No person may destroy, injure, or deface any street tree or tree on
public property by any means, including, but not limited to, the
following:
1. Impede the free passage of water, air, or fertilizer to the roots of any
tree, shrub, or other plant by depositing vehicles, concrete, asphalt,
plastic sheeting, or other material detrimental to trees or shrubs on
the tree lawn or on the ground near any tree;
2. Pour any toxic material on any tree or on the ground near any tree;
3. Cause or encourage any fire or burning near or around any tree;
4. Severely reduce the tree crown except when pruning of trees under
utility wires or obstructing the right-of-way as allowed by a permit
issued by the community development department;
5. Carve or attach any sign, poster, notice, or other object on any tree,
or fasten any rope, wire, cable, nails, screws, staples, or other device
to any tree, except as used to support a young or broken tree;
however, nothing in this section shall be construed in such a manner
that it forbids lighting of a decorative or seasonal nature; provided,
that such lighting is not attached in such a way as to cause
permanent damage to the tree.
C. No person may prevent, delay, or interfere with the director, or his/her
designee, or any City employee in the execution or enforcement of the
provision of this section.
D. Any person responsible for a violation of this section must pay the cost of
repairing or replacing any tree or shrub damaged by the violation. The
value of trees and shrubs is to be determined in accordance with the
latest revision of the guide for plant appraisals as published by the
international society of arboriculture.
18.57.060 Tree topping
It is unlawful for any person, firm or City department to top any street tree,
park tree, or other tree on public property. “Topping” is defined as the
severe cutting back of limbs to stubs larger than three inches in diameter
within the tree’s crown to such a degree so as to remove the normal canopy
and disfigure the tree. Trees severely damaged by storms or other causes,
or certain trees under utility wires or other obstructions where other pruning
practices are impractical may be exempted from this chapter at the
determination of the Site Plan Review Committee.
Agenda Item 8. a. Unified Development Code
Page 245 of 340
18.57.070 Pruning – corner clearance
Every owner of any tree overhanging any street or right-of-way within the
City shall prune the branches so that such branches shall not obstruct the
light from any street lamp or obstruct the view of any street intersection and
so that there shall be a clear space of eight feet above the surface of the
street or sidewalk. The owners shall remove all dead, diseased or dangerous
trees, or broken or decayed limbs which constitute a menace to the safety of
the public. The City shall have the right to prune any tree or shrub on
private property when it interferes with the proper spread of light along the
street front street light or interferes with visibility of any traffic-control
device or sign.
18.57.080 Dead or diseased tree removal on private property
The City shall have the right to cause the removal of any dead or diseased
trees on private property within the City, when such trees constitute a
hazard to life and property, or harbor insects or disease which constitutes a
potential threat to other trees within the City.
18.57.090 Preservation of trees on private property, and with new
development
This section shall apply to any new development or substantial addition to an
existing development, and to unimproved lots within the City.
A. No existing trees shall be removed until a final decision is made
regarding the feasibility of preserving existing trees; and
B. Land clearing shall be undertaken in such a manner as to preserve and
enhance the City’s aesthetic character. The site shall be revegetated and
landscaped as soon as practicable, in accordance with an approved
revegetation plan. The revegetation plan shall include plantings along
public streets and adjoining property boundaries, especially between
areas of differing intensities of development.
C. All site plans shall include the location of all trees to be retained and
removed (species, diameter and condition) exceeding eight inches in
diameter (measured at four and one-half feet from the base of the tree)
that are affected by development. Those trees or groups of trees to be
retained are to be drawn and identified with their protection zone on the
site plan.
18.57.100 Standards
All land clearing not exempt under Section 18.57.120 YMC shall conform to
the approved plan and the following standards and provisions unless
alternate procedures that are equal to or superior in achieving the purposes
of this chapter are authorized in writing by the Site Plan Review Committee:
Agenda Item 8. a. Unified Development Code
Page 246 of 340
A. Land clearing in designated greenbelt or buffer areas of approved and
recorded subdivisions or approved projects which would substantially
alter the character or purpose of such greenbelt or buffer areas is
prohibited; Greenbelt and buffer areas include any areas of a project or
development that are intended to remain in a natural condition and/or
private permanent open space, or to serve as a buffer between
properties or developments.
B. Land clearing shall be accomplished in a manner that will not create or
contribute to landslides, accelerated soil creep, settlement and
subsidence on the subject property and/or adjoining properties;
C. The proposal shall contain provisions for the preservation of natural land
and water features, vegetation, drainage, and other indigenous features
of the site;
D. Land clearing shall be accomplished in a manner that will not create or
contribute to flooding, erosion or increased turbidity, siltation, or other
form of pollution in a watercourse;
E. Land clearing in wetlands, and fish and wildlife habitat areas shall be in
accordance with the provisions of Chapter 18.21 YMC;
F. Any trees to be retained shall be flagged or otherwise marked in some
manner so as to make it clear the tree or groups of trees are to be
retained;
G. Any trees or groups of trees to be retained shall have temporary fencing
installed around the drip line. The protective fencing is to be installed
prior to any site work. Machinery shall be kept outside of the drip line of
trees designated for retention. The Site Plan Review Committee may
require fencing beyond the drip line if, in the committee’s determination,
such additional protection is needed to protect the tree from damage.
Trees designated for retention shall not be damaged by scoring, ground
surface level changes, compaction of soil, attaching objects to trees,
altering drainage or any other activities that may cause damage of roots,
trunks, or surrounding groundcover; and
H. Any trees designated for retention shall be field verified by the Site Plan
Review Committee before land clearing begins.
18.57.110 Exemptions
The following shall be exempt from the provisions of this chapter:
A. Land clearing in emergency situations involving immediate danger to life
or property;
B. Clearing of dead, diseased or hazardous trees, after verification by the
Site Plan Review Committee. A hazardous tree is any tree that due to its
Agenda Item 8. a. Unified Development Code
Page 247 of 340
health or location presents a risk to public safety. The Site Plan Review
Committee may require reasonable documentation of the physical
condition of any tree prior to approving its removal;
C. Clearing of trees that act as obstructions at intersections in accordance
with this code; and
D. Land clearing associated with tree farming operations specifically
preempted by Chapter 76.09 RCW, Washington forest practices act;
provided, that a harvesting and reforestation plan is submitted to the
Site Plan Review Committee prior to any land clearing.
Agenda Item 8. a. Unified Development Code
Page 248 of 340
CHAPTER 18.58 – MODEL HOMES
18.58.010 Model Homes
Following preliminary approval of each full subdivision or binding site plan of
five or more residential units, the Public Works Director is authorized to
approve, and the Building Official may issue a permit for construction of one
and only one residence to use as a model home. Prior to final plat or site
plan approval, such unit may be occupied solely for purposes of promotion of
the development and may not be occupied as a residence except by a real
estate agent or other representative of the subdivider, and then only for the
limited purpose of security. Such construction and subsequent occupancy
shall only be authorized by the director upon written finding that the design
and placement of the unit would conform with all standards of the City if for
any reason the subdivision is not completed or is not granted final approval.
Agenda Item 8. a. Unified Development Code
Page 249 of 340
CHAPTER 18.59 - SITE PLANNING
18.59.010 Intent
The purpose of this chapter is to establish minimum requirements and
standards to create an active safe pedestrian environment, upgrade the
downtown and visual identity, unify streetscapes and to improve pedestrian
and auto circulation.
18.57.020 Relate development to street fronts other than pedestrian
oriented streets
All development uste include the following site planning measures to create
an attractive street edge:
A. Define the street edge with building landscaping or other feature.
B.
Provide direct access to building fronts from sidewalk.
C. Provide substantial landscaping if parking is located adjacent to street
frontage.
18.59.030 Multiple building and large lot development
For developments with multiple buildings or large lots, mitigate impacts with
the following:
A. Provide for connecting streets and public transportation.
B. Connect all on-site activities to adjacent pedestrian routes and street
right-of-ways.
C. Design buildings to complement adjacent activities and visual character.
D. Incorporate open space and landscaping as a unifying element.
E. Incorporate screening, environmental mitigation, utilities and drainage as
positive design elements.
18.59.040 Siting service areas
A. Locate service areas, outdoor storage areas and other intrusive site
features at the rear of the lot to reduce conflicts with adjacent uses. All
Trash Enclosures shall incorporate the architectural features of the
primary structures and landscaping to minimize visual impacts of the
Enclosure.
B. Trash enclosures shall meet the height requirements listed in Table 18.1,
and be constructed of CMU, wood or architectural steel. Gates shall be of
similar durable materials and be capable of being secured when shut and
at an angle of 135 degrees when open. Enclosure wall shall sit on a
minimum six inch concrete slab. The slab shall be graded to prevent
liquids from entering the City S.T.E.P. sewer system or on site storm
water. The slab shall extend four feet beyond the gate(s).
Agenda Item 8. a. Unified Development Code
Page 250 of 340
C. Landscaping shall consist of shrub trees of the thug occidentalis
pyramidal variety (or equal) standing three to five feet tall with spacing
at two and one half feet on center. Dense site barrier or perimeter
landscaping ground cover as required on adjacent site boundaries shall
continue around the enclosure.
D. No trash enclosure shall be permitted between a street and the front of a
building.
E. Trash enclosures shall be designed to contain all refuse generated on-site
and deposited between collections. Deposited refuse shall not be visible
from outside the refuse enclosure.
D. The location of this enclosure shall be submitted to the local service
provider for review and approval.
Table 18.1 Trash enclosure
Use
Max for
residential
container
Residential
1
Square
foot/unit
Per Cubic
Yard
6 houses
Multi Family
6 units
6 houses
8’x20’
Retail
230 sf.
1,380 sf
8’x20’
Grocery
Store
Multi Tenant
Retail
Office
N/A
1,380 sf
8’x20’*
N/A
1,380 sf
8’x20’
972 sf
5,833 sf
8’x20’
Hotel/Motel
N/A
10 rooms
8’x20’
Restaurant
N/A
670 sf
8’x20’
Restaurant
with grease
storage
Repair Shop
N/A
N/A
8’x24’
330 sf
1,980sf
8’x20’
Educational
N/A
7,500 sf
8’x20’*
Industrial
830 sf
4,980 sf
8’x20’*
Industrial
Park
Warehouse
N/A
5,000 sf
8’x20’*
N/A
7,500 sf
8’x20’*
*Without trash compactor
Minimum
Enclosure
Size
N/A
Additional
Enclosures
Minimum
Enclosure
Height 6 feet or
Each 36
units
Each 8,280
sf
Each 8,280
sf
Each 8,280
sf
Each 35,000
sf
Each 60
rooms
Each 4,020
sf
Each 4,020
sf
7 feet over
units
7 feet over
sf
7 feet over
sf
7 feet over
sf
7 feet over
23,332 sf
7 feet over
rooms
7 feet over
sf
7 feet over
sf
Each
sf
Each
sf
Each
sf
Each
sf
Each
sf
7 feet over 7,920
sf
7 feet over
30,000 sf
7 feet over
19,920 sf
7 feet over
20,000 sf
7 feet over
30,000 sf
11,880
45,000
29,880
30,000
45,000
24
5,520
5,520
5,520
39
2,680
2,680
Agenda Item 8. a. Unified Development Code
Page 251 of 340
Example an office building with 25,000 gross square footage will have an 8x20 trash
enclosure (column 3). Since it is over 23,332 sf, the wall height will be 7 feet to screen the
6 yard container (column 6).
18.59.050 Illumination
All development requiring review by the Site Plan Review Committee shall
provide site illumination in accordance with the Washington state energy
code (WEC) and the following standards:
A. Walkways and paths shall be illuminated to a minimum of two foot
candles, and entries to four foot candles.
1. All parking lots shall be illuminated to a minimum of .5 foot candles.
Parking garages illumination levels shall not exceed 0.1 foot candle at
five feet past the edge of the property line(s).
2. Fixtures shall be non glare and shielded.
3. Fixtures shall be mounted a maximum of 20 feet above grade.
4. Fixtures in districts zoned C-2 or C-3 may be mounted at 30 feet
above grade, if the total watt/square foot allowed under the WEC is
reduced by 20 percent. Industrial zones may have fixtures mounted
at 40 feet above grade, if the total watt/square foot allowed under
the WEC is reduced by 20 percent.
5. Light poles for illumination of athletic fields on new and existing
public school (Institutional zones) or sites with special use permit
approval may exceed the maximum permitted height set forth in
subsection above, up to a maximum height of 100 feet, ensuring
adequate illumination and minimized to the greatest extent
practicable, and demonstrate that the additional height contributes to
a reduction in impacts from light and glare.
6. A lighting plan shall be submitted as part of civil plan review.
18.59.060 Street corners
New development on corner lots at street intersections must enhance the
property’s visual qualities at the corner by one or more of the following
methods:
A. Install substantial landscaping of at least 200 square feet at or near the
corner of the lot.
B. Install a decorative screen wall at least three foot high, a trellis or other
continuous architectural element with a length of at least 20 feet, along
the front property line.
D. Provide a pedestrian walkway from corner to building entry and/or a
building entry at the corner of the building nearest the intersection.
Agenda Item 8. a. Unified Development Code
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E. Locate building within 15 feet of either or both front property lines.
18.59.070 Transit
New residential and commercial development shall coordinate with Intercity
Transit to incorporate transit stops. Intercity Transit shall determine the
type and location of new or upgraded transit stops.
18.59.080 Mailboxes
New residential and commercial developments shall coordinate with the U.S.
Postal Service for the location of any mailbox(s). Mailboxes shall be cluster
box units (CBU) spaced throughout the development on local access
residential and private streets only.
New or replacement mail boxes shall not be located on arterials or
commercial and residential collector streets. Mail delivery centers on site
shall be the preferred option. Off site mailboxes shall be the CBU type and
located on streets intersecting the arterial or collector.
During construction, existing mailboxes shall be accessible for the delivery of
mail or, if necessary, moved to a temporary location. Temporary relocation
shall be coordinated with the City of Yelm and the U.S. Postal Service.
Contact the U.S. Postal Service before reinstalling the mailboxes at the
original location or to a new location, if construction has made it impossible
to use the original location.
Existing uses or new construction on lots of record who chose to have site
delivery shall install mailboxes at the mailbox center designated for said
property. The placement of mailbox centers shall be determined by the City
of Yelm and the U.S. Postal Service, mailbox centers and mailbox installation
shall be in accordance with this chapter and WSDOT design manual, Section
700.
Civil plan drawings submitted for a project will clearly show the location and
type of mailbox, and any details provided by the U.S. Postal Service.
Agenda Item 8. a. Unified Development Code
Page 253 of 340
CHAPTER 18.60 - PEDESTRIAN CIRCULATION
18.60.010 Intent
It is the intent of this chapter to implement pedestrian circulation elements
of the Yelm design guidelines by providing continuous pedestrian access in
the downtown area, as well as improve pedestrian routes between
businesses, streets and transit stops.
18.60.020 General guidelines
All pedestrian paths must conform with federal, state and local codes for
handicapped access, and the americans with disabilities act (ADA).
18.60.030 On-site pedestrian circulation
Development
circulation:
shall incorporate
the
following
elements
for pedestrian
A. All pathways shall be paved a minimum of 60 inches wide.
B. Buildings shall have a paved pedestrian pathway from the street sidewalk
to the main entry of the building. If access traverses a parking lot, it
shall be of a material different than the parking lot material.
C. Walkways shall be integrated with parking lot landscaping.
D. Walkways shall tie into neighboring properties when feasible.
E. Buildings with entries not facing the street shall have a clear and obvious
street sidewalk to the entry.
F. Provide pedestrian paths or walkways connecting all businesses and the
entries of multiple buildings on the same development site.
G. Provide pathways through parking lots.
18.60.040 Pedestrian paths to adjacent uses and transit facilities
To provide pedestrian circulation to adjacent uses and transit facilities, the
following elements shall be included in site design:
A. Provide pedestrian access from building entries of businesses and
services within the development to building entries of nearby multifamily
residential complexes with marked crosswalks.
B. Integrate nearby transit stops into the planning of adjacent site
improvements by providing extra space for waiting areas, incorporating
bus pull outs or stops into the site’s circulation scheme and/or providing
a walkway directly from the transit stop into the project’s entrance.
C. Provide pedestrian paths from all transit stops through commercial areas
to residential areas within 1,200 feet. Easements for pedestrian access
Agenda Item 8. a. Unified Development Code
Page 254 of 340
should be provided to facilitate the future extension of these paths as
adjoining properties are improved.
18.60.050 Pedestrian areas at building entries
Use architectural elements of a building and landscaping to highlight and
define the entrance. The primary public entries of all businesses and
multifamily residential buildings must be enhanced by two or more of the
following means:
A. Weather protection such as an awning, canopy, marquee or other
building element to create a covered pedestrian open space of at least
100 square feet.
B. 200 square feet of landscaping at or near the entry.
C. Pedestrian facilities, such as benches, kiosks, special paving, bicycle
racks.
D. A trellis, canopy, porch or other building element that incorporates
landscaping.
E. Pedestrian scaled lighting.
F. Adjacent window displays.
G. Building ornamentation such as mosaic tile, relief sculpture, ornamental
wood or metal trim.
H. Artwork or special pedestrian scaled signs.
18.60.060 Pedestrian activity areas and plazas
A pedestrian oriented space is the area between a building and a public
street or pedestrian path which promotes visual and pedestrian access into
the site. Where the street-front building façade is not directly adjacent to
the sidewalk, the space between the sidewalk and the front of the building
shall be developed as pedestrian oriented space which includes:
A. Visual and pedestrian access from the public right-of-way.
B. Paved walking surfaces.
C. On site lighting providing at least 4 foot candles on the ground.
D. At least 2 lineal feet of seating per 60 square feet of plaza space.
E. Location shall not be adjacent to unscreened parking, chain link fences,
or blank walls.
F. Asphalt or gravel pavement is prohibited.
Agenda Item 8. a. Unified Development Code
Page 255 of 340
CHAPTER 18.61 - BUILDING DESIGN
18.61.010 Intent
It is the intent of this chapter to implement building design elements of the
Yelm design guidelines by providing human scale building design that is
compatible with Yelm’s historic architectural size and character.
18.61.020 Human scale
Buildings over three stories or more than 100 feet wide as measured along
any façade facing a street shall include at least three of the following
elements.
A. One balcony or deck at least six feet deep and ten feet wide per upper
floor on the facades facing streets.
B. Bay windows.
C. 150 square feet of pedestrian oriented space.
D. Individual windows less than 32 square feet per pane and separated from
other windows by a six inch molding.
E. Gable or hipped roof that covers at least one half of the building’s
footprint and has a slope greater or equal to three feet vertical to 12 feet
horizontal.
F. A porch or covered entry.
G. Spatially defining building elements that define an occupiable space such
as a trellis, overhang, or canopy.
H. A minimum six feet setback from the face of a building on an upper
story.
I.
Smaller building elements near the entry of large buildings.
18.61.030 Architectural scale
Buildings over three stories or up to 5,000 square feet in gross building
footprint shall include at least one of the following elements, and buildings
over 5,000 square feet in gross building footprint shall include two or more
of the following elements along their facades:
A. A minimum 10 foot setback from the face of a building on an upper
story. Building facades visible from a public right of way or park shall be
modulated horizontally every 100 feet, with a minimum depth of six feet.
Roof deck or balconies as part of the building modulation shall be a
minimum of 60 square feet.
B. Roof lines visible from a public right-of-way or park shall be modulated
vertically every 100 feet. Gable, hipped or shed roofs shall have a slope
of at least three feet vertical to 12 feet horizontal. Arched, vaulted,
Agenda Item 8. a. Unified Development Code
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dormer or saw-toothed roof lines shall have a change in slope, within
every 100 foot width.
C. Building facades shall include repeating elements such as distinctive
window patterns, porch, patio, alternate dormers, gables, or other roof
elements, changing materials, lighting fixtures, trellis, substantial
landscaping and/or pedestrian oriented open spaces along the building
façade.
18.61.040 Building details
Buildings facing a public street or park shall be enhanced with at least one of
the following elements:
A. Decorated rooflines, such as an ornamental molding, entablature, frieze
or other roofline device visible from the ground level.
B. Decorative window and door treatments such as a decorative molding or
framing details around all ground floor windows and doors.
C. Decorative railings, grill work or landscape guards.
D. Landscape trellises.
E. Decorative light fixtures with a diffuse visible light source.
F. Decorative building materials.
G. Blank walls visible from the street, parking or adjacent lot shall be
treated in one or more of the following ways:
1. Vertical trellis in front of the wall with climbing vines or plant
materials.
2. Landscaped planting bed at least five feet wide or raised planter bed
at least two feet high and three feet wide in front of the wall, and
plant materials that obscure or screen at least 35 percent of the
wall’s surface within three years.
18.61.050 Materials and color
A. The following materials are allowed as described below:
1. Metal siding over 25 percent of a building’s façade must have a
matted finish in a neutral or earth tone color, and must include visible
window and door trim painted or finished in a complimentary color
and corner and edge trim that cover exposed edges of the sheet
metal panels.
2. Pre-finished metal roofing must have standing seams & muted colors.
3. Concrete block walls, or exposed concrete surfaces that are visible
from a public street or park must be architecturally treated by split
face or grooved surface, colored mortar, or other masonry types in
Agenda Item 8. a. Unified Development Code
Page 257 of 340
conjunction with concrete blocks.
4. Architecturally finished vinyl or fiberglass material used for wall
surface must not possess sheen.
5. Stucco surfaces must be finished.
6. Terra cotta tile.
7. Clear or lightly tinted glass.
8. Natural copper or bronze.
9. Wood shingles/shakes. Wood siding and wood product panels shall
be weather resistant, and all edges and seams covered or trimmed.
10. Architectural polymers and plastics are prohibited for exterior walls.
11. Back-lit vinyl or plastic awning illumination is limited to a single
fluorescent tube the length of the awning or canopy.
B. The following materials are prohibited:
1. Mirrored glass, corrugated fiberglass, and chain link fencing, when
visible from the street (except for temporary purposes such as a
construction site).
2. Corrugated roofing or siding, and fiberglass.
3. Galvanized roofing.
4. T-111, fiberboard, and untreated plywood siding.
5. Applied aggregate finishes (“marblecrete”).
6. Mirrored or opaque glass.
18.61.060 Mechanical equipment and service areas
Roof-mounted mechanical equipment shall be screened so as not to be
visible from the street or from the ground-level of adjacent properties.
Screening shall blend with the architecture of the building.
Agenda Item 8. a. Unified Development Code
Page 258 of 340
CHAPTER 18.62 – SIGNS
18.62.010 Intent
The intent of this chapter is to provide minimum standards for the number,
size, design, quality construction, location, electrification and maintenance of
all signs and sign structures, and to preserve and improve the appearance of
the City. A sign is any communication device, structure, or fixture that is
extended to aid an establishment in identification, and to advertise and/or
promote a business, service, activity, or interest.
18.62.020 Exemptions
The following are exempt from the regulation of this chapter.
A. The flag, emblem or insignia of a nation or other governmental unit or
nonprofit organization, subject to the guidelines concerning its use set
forth by the government or organization which it represents.
B. Memorial signs or tablets, names of building, stained glass windows and
dates of erection when cut into the surface or the facade of the building
or when projecting not more than two inches.
C. Traffic or other municipal signs, signs required by law or emergency,
railroad crossing signs, legal notices, and any temporary or nonadvertising signs as may be authorized by the City Council.
D. Signs of public utility companies indicating danger, serve as an aid to
public safety, or show the location of underground facilities or other
public utility.
E. Flush-mounted wall signs, used to identify the name and address of the
occupant for each dwelling, provided the sign does not exceed two
square feet in sign area. For those buildings on the Yelm historic
register, the historic name painted or affixed to the building shall not be
included in the sign calculations.
F. Signs located in the interior of any building or within an enclosed lobby
or court of any building or group of buildings, which signs are designed
and located to be viewed exclusively by patrons of such use or uses.
G. One bulletin board not over 50 square feet in sign area for each public,
charitable, or religious institution where the same are located on the
premises of said institution. Additionally, an off-site sandwich board sign
may be used as a directional sign during regular scheduled meetings or
services.
H. Decorations, clearly incidental and customary and commonly associated
with any national, local or religious holiday.
Agenda Item 8. a. Unified Development Code
Page 259 of 340
I.
Painting, repainting or cleaning of an advertising structure or the
changing of the advertising copy or message thereon when no structural
change is made.
J.
Sculptures, fountains, mosaics and design features which do not
incorporate advertising or identification.
K. “No trespassing,” “no dumping,” “no parking,” “private,” signs identifying
essential public needs such as restrooms, entrance, exit, telephone and
other informational warning signs which do not exceed two square feet in
surface area.
L. City directional locator signs.
M. Public service signs. Electronically or electrically controlled public service
sign or portion of a larger sign which conveys only information such as
time, date, temperature, atmospheric condition or general news
information where different alternating copy changes are shown on the
same lamp bank matrix.
N. Franchised buses or taxis.
18.62.030 Prohibited signs
Prohibited signs are subject to removal by the City at the owner’s or user’s
expense, with the exception of a legal nonconforming sign.
The following signs or displays are prohibited:
A. Roof signs erected upon, against, on top of, or directly above a roof, or
above the parapet of a building;
B. Animated signs which include action or motion, or the optical illusion of
action or motion, or color changes of all or any part of the sign facing,
requiring electrical energy, or set in motion by movement of the
atmosphere, excluding digital changing message center signs;
C. Flashing signs which contain an intermittent or flashing light source, or
includes the illusion of intermittent or flashing light by means of
animation or an externally mounted intermittent light source, excluding
public service and changing message center signs.
D. Digital changing message signs not conforming to Section 18.62.050
YMC, Illumination;
E. Electronically or electrically controlled sign where different automatic
changing messages are shown on the same lamp bank.
F. Portable signs, except as provided under temporary signs;
G. Advertising vehicles, with the exception of the identification of a firm or
its principal products on a vehicle operating during normal course of
business.
Agenda Item 8. a. Unified Development Code
Page 260 of 340
H. Signs which purport to be, or are, an imitation of or resemble an official
traffic sign or signal, or which bear the words “stop,” “caution,” “danger,”
“warning,” or similar words;
I.
Signs which, by reason of their size, location, movement, content,
coloring or manner of illumination, may be confused with or construed as
a traffic control sign, signal or device, or the light of an emergency or
radio equipment vehicle, or which obstruct the visibility of traffic or street
sign or signal device;
J.
Signs which are located upon or projecting from a building or wall, over
public streets, sidewalks, or rights-of-way, except as provided for
awnings and marquees in Section 18.62.160 YMC;
K. Signs attached to utility or telephone poles or other public utility facility;
L. Off-premises signs;
M. Strings of banners, pennants, and other graffiti-like material, except as
provided under temporary signs.
18.62.040 Temporary signs
A temporary (nonpermanent) sign is intended to be displayed for a limited
period of time only. Temporary signs include, but are not limited to signs,
banners, pennants, valances, and flags (except as exempted), searchlights
(provided the beam of light does not flash against any building or does not
sweep an arc of more than 45 degrees from vertical), balloons or other airor gas-filled figures or advertising display, and sandwich board or sidewalk
signs.
A. Construction signs. Signs may be displayed only after a building permit
is obtained and during the period of construction on the construction site.
Only one such sign is permitted per construction project for each public
street upon which the project fronts. The sign shall not exceed 32
square feet in sign area (printed copy on one side only) and maximum
height is 10 feet. In single-family residential zones, the sign shall be a
minimum of 10 feet from the property line. In all other zones, the sign
shall be a minimum of 30 feet from the property line of the abutting
owner.
B. Grand opening. Displays intended to announce the opening of a new
enterprise, or enterprise under new management. Displays are allowed
on premises only, for a period of 14 days, and must be removed at the
end of the 14 day period. Sandwich board signs shall not exceed two
and one-half feet by four feet.
C. Special events. Events for businesses and organizations include sales or
other business activities, circuses, carnivals, festivals and other similar
events. Temporary signs are allowed on premises only, for a period of
Agenda Item 8. a. Unified Development Code
Page 261 of 340
14 days at a time, limited to four times per year, and must be removed
at the end of the 14 day period. Temporary signs shall not be larger
than 20 square feet. Sandwich board signs shall not exceed two and
one-half feet by four feet.
D. Real estate signs. All exterior real estate signs must be of wood or
plastic or other durable material. The following signs shall be limited as
follows:
1. Residential “for sale,” “open house” and “sold” signs are limited to
one sign per street frontage not to exceed five square feet in sign
area, placed wholly on the property for sale, and not to exceed a
height of seven feet.
2. Residential directional “open house” signs advertising residential
developments within the City of Yelm are allowed during daylight
hours on weekends only, and must be placed out of the way of
pedestrian traffic.
3. Undeveloped residential property “for sale” signs are limited to one
on-premise sign per street frontage, not to exceed 32 square feet in
sign area, maximum 10 feet to top of sign, and shall be located more
than 30 feet from the abutting owner’s property line.
4. Undeveloped commercial and industrial property “for sale” or “rent”
signs are limited to one sign per street frontage , not to exceed 32
square feet in sign area and 10 feet to top of sign.
5. Developed commercial and industrial property “for sale” or “rent”
signs are limited to one sign per street frontage while the building is
actually for rent or sale. The sign shall not exceed 32 square feet in
sign area, maximum of 10 feet to the top of the sign, and shall be
located at least 15 feet from the property line. If one face of the
building is less than 10 feet from the property line, the sign shall be
placed on the building or in a window.
E. Political signs. Signs advertising a candidate or candidates for public
elective office, a political party, or signs urging a particular vote on a
public issue shall not exceed 10 square feet of sign area. Signs must be
removed within seven days after the election in which the candidate or
issue advertised on a sign has been determined. The candidate or
committee for whom the sign is displayed shall be responsible for its
removal and subject to the penalties as provided in this code.
F. Garage, yard, moving, and patio sale. Signs are limited to one sign on
the premises. The sign shall exceed four square feet in the sign area,
may be displayed only during the sale and must be removed the day the
sale ends. The person or persons for whom the sign is displayed shall be
responsible for its removal and subject to the penalties as provided in
Agenda Item 8. a. Unified Development Code
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this code. No individual shall be permitted to have more than two garage
sales per calendar year and shall not exceed six combined days.
G. Sandwich board. Sandwich board or A-frame signs for businesses that
cater to pedestrians such as restaurants, retail businesses that sell
clothing, gifts, accessories, small markets, or other similar uses as
determined by the Site Plan Review Committee, are subject to the
following limitations:
1. Business shall be allowed a maximum of one sandwich board sign
that is pedestrian-oriented in nature.
2. Proof of liability insurance shall be furnished with the sign permit in
the minimum aggregate sum of $500,000 and that the City of Yelm is
named as an additional insured on such policy.
3. The area of the sandwich board shall not exceed six square feet per
side in size and shall not be wider than two feet.
4. Sandwich boards shall be constructed out of materials able to
withstand typical Northwest weather such as metal, finished wood,
chalkboard, whiteboard, or plastic. Sandwich boards shall be
maintained in a legible and intact manner.
5. Sandwich boards may only be displayed during business hours. If
business hours continue past daylight hours, precautions should be
taken to place the sign in a location where it is readily visible after
dark. Sandwich boards shall not be wired for lighting.
6. Sandwich boards advertising businesses with buildings directly
adjacent to a public sidewalk may be located in front of the building
in which the business is located.
7. Sandwich boards advertising businesses in multiple-occupancy
buildings may be located no further than 12 feet from the entrance of
the business and must be located on a pedestrian pathway.
8. Sandwich boards shall not be placed in a location which is within the
vision triangle or any location which will impede vehicular traffic.
Further, such signs shall not be placed in a manner which will block
or otherwise obstruct the safe use of sidewalks, building entrances or
stairs by pedestrians, including pedestrians who are visually impaired
or otherwise handicapped.
H. Temporary community event signs that promote a community event
sanctioned by resolution of the City Council, and sponsored by a
community-oriented nonprofit organization are subject to the following
conditions:
1. Signs shall not exceed two square feet in area.
Agenda Item 8. a. Unified Development Code
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2. The name, telephone number, and point of contact of the sponsoring
organization shall be displayed on the face of the sign in at least
three-quarter inch letters.
3. Signs shall be located entirely on private property outside the public
right-of-way.
4. Signs may be placed no earlier than two weeks (14 calendar days)
before the event.
5. Signs must be removed no later than two days after the event.
18.62.050 Illumination
Illumination from or upon any sign shall be shaded, shielded, directed or
reduced so as to avoid brightness, glare or reflection of light on private or
public property in the surrounding area.
No electronic sign lamp may be illuminated to a degree of brightness that is
greater than necessary for adequate visibility. In no case may the brightness
exceed 8,000 nits or equivalent candelas during daylight hours, or 1,000 nits
or equivalent candelas between dusk and dawn.
18.62.060 Maintenance
All signs, including signs heretofore installed shall be constantly maintained
in a state of security, safety, appearance and repair. If any sign is found not
to be so maintained or is insecurely fastened or otherwise dangerous, it shall
be the duty of the owner and/or occupant of the premises on which the sign
is erected to repair or remove the sign within 15 days after receiving notice
from the building official. The premises surrounding a freestanding sign shall
be free and clear of rubbish and the landscaping area maintained in a tidy
manner.
18.62.070 Landscaping for freestanding and monument signs
All freestanding and monument signs shall include landscaping about their
base to improve the overall appearance of the installation. Landscaping area
shall 50 percent of the sign area. Landscaping shall include 50 percent
shrubs (minimum 50 percent flowering decorative shrubs), and 50 percent
groundcover, or cultivated flower beds (grass not allowed).
18.62.080 District regulations
A. Size and type.
1. Residential subdivisions are allowed two signs identifying the
subdivision at the entrance from an access street. Signs shall not
exceed 18 square feet in sign area, and five feet in height. Signs may
be monument, freestanding or fence-mounted.
2. Multifamily complexes are allowed two signs per entrance from an
Agenda Item 8. a. Unified Development Code
Page 264 of 340
access street identifying the complex. Signs shall not exceed 18
square feet in sign area, and five feet in height.
3. Commercial, industrial and public uses.
a. Each single-occupancy building not in a multiple-building complex
is permitted one monument or freestanding sign, and one of any of
the following signs: awning, marquee or wall.
b. Each multiple-occupancy building not in a multiple-building
complex is permitted one monument or freestanding sign, plus one
wall sign for primary exterior entrances.
c. Each building within a multiple-building complex is permitted:
i. one monument or freestanding sign per building, plus one wall
sign for primary exterior entrances.
ii. two monument or freestanding signs per entrance.
iii. Directory-type signs not to exceed six square feet in height.
B. Signs may not interfere with the clear sight triangle as described in the
manual on uniform traffic control devices.
C. Wall signs shall be attached to or painted directly on the wall, or erected
against the wall of a building being parallel or approximately parallel to
said wall; not exceeding a distance of 15 inches.
D. A corner parcel with two street frontages and entrances on both streets
with a multi-building complex may place a two or three faced monument
sign at the corner of the property, and a monument sign at each
entrance.
18.62.090 Signage on awnings and marquees
Signage on awnings and marquees in commercial and industrial zones shall
be limited to 30 percent coverage of the face of the marquee, or one square
foot for each lineal foot of the front of the marquee, whichever is less. The
signage area shall be calculated on the basis of the smallest rectangle, circle
or spherical figure that will enclose the entire copy area of the sign.
Calculations shall include the areas between letters and lines as well as the
areas of any devices which are intended to attract attention. Signage area
shall be included in the overall calculation of total allowable for the building.
18.62.100 Off-site banners
Banners used to advertise community interest events are allowed at
designated areas as approved by the City. The banner advertisement may
not be an advertisement of the organization or its products, religious events,
political events, or commercial product sales or events.
Agenda Item 8. a. Unified Development Code
Page 265 of 340
Banners are scheduled on a first come first served basis, based on a
completed application date. Requests must be received a minimum of three
weeks prior to the date the banners will be installed.
Banners are limited to a maximum time of two weeks, beginning on a
Monday. Applicants are allowed four events per year.
Banners shall be no greater than 30 feet in width and no greater than three
and one-half feet in height. The approved message shall appear on both
sides of the banner. No greater than 15 percent of the sign area, per side,
may include advertisement of the sign sponsor(s).
Installation and removal of the banners shall be the sole responsibility of the
applicant and the installer approved by the City. Installation and removal of
banners shall be coordinated with other applicants when feasible.
The applicant shall repair or remove their banner when notified by the City
that the banner may pose a danger to public safety due to banner
deterioration. If the applicant fails to remove the banner within five days,
staff shall remove the banner or cause it to be removed, and will bill the
applicant for the cost of removal.
18.62.110 Community sign
A. Chamber of Commerce signs. Signs may be installed by the Yelm
Chamber of Commerce on property owned by a civic organization, the
City of Yelm, or on property subject to an easement benefitting the
chamber of commerce.
B. Civic organizations. Signs located on the outfield fences of baseball
fields owned and operated by civic organizations are allowed; provided,
that such signs are primarily oriented towards the ball field and are not
intended to advertise off-site.
C. City directional locator signs of a standard design and installed by the
City shall be allowed in the public street rights-of-way. Directional locator
signs may be installed to direct traffic to:
1. Municipal buildings and services.
2. Community buildings and services.
3. Master planned communities or major subdivisions.
18.62.120 Farmers market
Farmers markets approved under Section 18.41.030 YMC may have the
following signs:
A. Up to two off-site sandwich board signs may be used as directional signs
during the hours the farmers market is open to the public. All other signs
shall be consistent with the provisions of this code.
Agenda Item 8. a. Unified Development Code
Page 266 of 340
B. The farmers market may have one sign for each street frontage of the
market space. The sign(s) shall remain only during the hours the market
is open to the public. The sign shall be limited to 12 square feet if it is a
freestanding sign less than eight feet in height, and 21 square feet if it is
a monument sign. Setback from property lines shall be 10 feet.
C. Each vendor may have one sign and one sandwich board sign. Sales and
menu boards are exempt. Square footage of allowable sign area is 12
square feet. Sandwich board signs shall meet the following:
1. The area of the sandwich board shall not exceed six square feet per
side in size and shall not be wider than two feet.
2. Sandwich boards shall be constructed out of materials able to
withstand typical Northwest weather such as metal, finished wood,
chalkboard, whiteboard, or plastic. Sandwich boards shall be
maintained in a legible and intact manner.
3. Sandwich boards may only be displayed during the hours the farmers
market is open to the public. If farmer’s market hours continue past
daylight hours, precautions should be taken to place the sign in a
location where it is readily visible after dark. Sandwich boards shall
not be wired for lighting.
4. Sandwich boards may be located no further than 12 feet from the
vendor’s booth.
18.62.130 Legal nonconforming signs
A. Legal nonconforming signs are those signs which were lawful prior to the
date of adoption of the ordinance codified in this chapter, but which
would be prohibited, regulated, or restricted under the terms of this
chapter.
1. No such sign shall be changed in any manner that increases the
noncompliance of such sign with the provisions of this chapter;
2. The burden of establishing a sign to be legally nonconforming under
this section rests upon the person or persons, firm or corporation
claiming nonconforming status for a sign;
3. When a business or activity containing a legal nonconforming sign is
enlarged or remodeled to a value of 60 percent or more of existing
value of real property improvements, then such sign must be brought
in conformity with all provisions of this chapter;
4. When a business or activity with a legal nonconforming off-premises
sign changes the sign face or name of the business, then such offpremises sign must be brought into conformance with all provisions
of this chapter.
Agenda Item 8. a. Unified Development Code
Page 267 of 340
B. Any violation of this chapter shall terminate the right to maintain a legal
nonconforming sign.
C. No persons shall maintain or permit to be maintained on any premises
owned or controlled by him/her any sign which has been abandoned. A
sign is considered abandoned when located on property which becomes
vacant and unoccupied for a period of six months or more, or any sign
which relates to any occupant or business unrelated to the present
occupant or their business, or any sign which pertains to a time, event or
purpose which no longer applies.
D. The right to maintain any legal nonconforming sign shall terminate and
shall cease to exist whenever the sign is:
1.
Damaged or destroyed by neglect beyond 50 percent. The
determination whether a sign is damaged or destroyed beyond 50
percent shall rest with the building official and shall be based upon
the actual cost of replacing said sign; and/or
2. Structurally substandard under any applicable ordinance of the City to
the extent that the sign becomes a hazard or danger.
18.62.140 Inspection authority
The community development department is empowered to enter or inspect
any building, structure or premises in the City, upon which or in connection
with which a sign, as defined by this code, is located, for the purpose of
inspection of the sign, its structural and electrical connections and to ensure
compliance with the provisions of this code. Such inspections shall be carried
out during business hours unless an emergency exists.
18.62.150 Removal of unlawful signs
A. Any unlawful sign which has not been removed within 30 days after
notice of violation may be removed by the City and the costs charged to
the violator. If removal costs have not been paid and the sign reclaimed
within 30 days of its removal by the City, the City may sell or otherwise
dispose of the sign and apply the proceeds toward costs of removal. Any
proceeds in excess of costs of removal shall be paid to the owner of the
sign.
B. Unlawful signs on public streets, sidewalks, rights-of-way, power poles,
telephone poles, street signs, or other public property or where located
present an immediate and serious danger to the public because of their
unsafe condition may be immediately removed by the community
development department without prior notice.
C. Any unlawful temporary or portable-type sign located on private property
which has not been removed within 24 hours after notice of violation
may be removed by the City. The sign may be reclaimed by the owner
Agenda Item 8. a. Unified Development Code
Page 268 of 340
after a civil penalty of $100.00 has been paid. If the sign has not been
reclaimed within 30 days of its removal by the City, the City may sell or
otherwise dispose of the sign and apply the proceeds toward costs of the
removal. Any proceeds in excess of costs of the removal shall be paid to
the owner of the sign.
D. The City or any of its agents shall not be liable for any damage to a sign
when removed under this section.
18.62.160 Sign area – square footage maximums
A. Monument and freestanding signs. The following table provides sign
area allowances based on sign height and area. Sign height is the
vertical distance from grade plane to the highest point of a sign or any
vertical projection thereof, including its supporting columns. Sign area is
the entire area of a sign on which copy is to be placed. Only one side of a
double-faced sign shall be included. The area of painted signs, individual
letter signs, and other indirectly illuminated signs shall be calculated on
the basis of the smallest rectangle, circle or spherical figure that will
enclose the entire copy area of the sign. Any such calculation shall
include the areas between letters and lines, as well as the areas of any
devices, illuminated or nonilluminated, which are intended to attract
attention.
Bldg./Gross Floor Area
Sign Height
Sign Area
(Per Side)
Property Line
Setback
5,000 sq. ft. or less
FS – 8 ft.
MS – 5 ft.
FS – 21 sq. ft.
MS – 42 sq. ft.
5 ft.
5,001 – 10,000 sq. ft.
FS – 8 ft.
MS – 5 ft.
FS – 30 sq. ft.
MS – 51 sq. ft.
5 ft.
10,001 – 35,000 sq. ft.
FS – 10 ft.
MS – 6 ft.
FS – 36 sq. ft.
MS – 51 sq. ft.
10 ft.
35,001 – 60,000 sq. ft.
FS – 10 ft.
MS – 6 ft.
FS – 42 sq. ft.
MS – 72 sq. ft.
10 ft.
60,001 – 75,000 sq. ft.
FS – 15 ft.
MS – 6 ft.
FS – 75 sq. ft.
MS – 90 sq. ft.
10 ft.
75,001 – 100,000 sq. ft.
FS – 15 ft.
MS – 6 ft.
FS – 102 sq. ft.
MS – 120 sq. ft.
15 ft.
100,000+ sq. ft.
FS – 20 ft.
MS – 6 ft.
FS – 150 sq. ft.
MS – 120 sq. ft.
15 ft.
FS – Freestanding sign
MS – Monument sign
Agenda Item 8. a. Unified Development Code
Page 269 of 340
B. Flush-mounted wall signs are signs attached to the exterior boundaries of
a building and which has a slope of 60 degrees or greater with the
horizontal plane. The following table provides sign area, based on wall
area. A primary wall is the vertical surface meeting the definition of a
wall selected by the owner or owner’s representative to receive the
allowable allocated sign square footage. Wall signage shall not exceed
one square foot for each lineal foot of wall selected.
A secondary wall is the vertical surface meeting the definition of a wall
selected by the owner or owner’s representative to receive up to 50
percent of the allowable allocated sign square footage of the wall,
primary. Wall signage shall not exceed one square foot for each lineal
foot of wall selected.
A third or fourth wall is the vertical surface meeting the definition of a
wall selected by the owner or owner’s representative to receive up to 25
percent of the allowable allocated sign square footage of the wall,
primary. Wall signage shall not exceed one square foot for each lineal
foot of wall selected.
Agenda Item 8. a. Unified Development Code
Page 270 of 340
Business
Space
Square
Feet¹
Wall,
Secondary
Sign Area
Square Feet*
Wall, Primary Sign Area
Square Feet*
0 – 500
22 sq. ft.
500 – 2,000
11 sq. ft.
Wall, Third
Sign Area
Square
Feet*
Wall, Fourth
Sign Area
Square
Feet*
6 sq. ft.
6 sq. ft.
22 sq. ft. + 2 sq. ft. for each
50% wall,
additional 100 sq. ft. over 500 primary allowed
25% wall,
primary
allowed
25% wall,
primary
allowed
2,000 –
5,000
52 sq. ft. + 1.2 sq. ft. for
each additional 100 sq. ft.
over 2,000
50% wall,
primary allowed
25% wall,
primary
allowed
25% wall,
primary
allowed
5,000 –
10,000
88 sq. ft. + 0.75 sq. ft. for
each additional 100 sq. ft.
over 5,000
50% wall,
primary allowed
25% wall,
primary
allowed
25% wall,
primary
allowed
10,000 –
50,000
126 sq. ft. + 0.38 sq. ft. for
each additional 100 sq. ft.
over 10,000
50% wall,
primary allowed
25% wall,
primary
allowed
25% wall,
primary
allowed
50,000 –
100,000
278 sq. ft. + 0.23 sq. ft. for
each additional 100 sq. ft.
over 50,000
50% wall,
primary allowed
25% wall,
primary
allowed
25% wall,
primary
allowed
100,000 –
200,000
393 sq. ft. + 0.17 sq. ft. for
each additional 100 sq. ft.
over 100,000
50% wall,
primary allowed
25% wall,
primary
allowed
25% wall,
primary
allowed
200,001+
²
²
²
²
*Sign area shall be the lesser of this column or one square foot for each lineal foot of wall.
¹Multi-storied building use first occupied floor.
²To be determined at permit application.
C. Marquee sign. One square foot for each lineal foot of the front of the
marquee or 30 percent coverage of the face of the marquee, whichever
is less.
D. Awning. One square foot for each lineal foot of the front of the marquee
or 30 percent coverage of the face of the marquee, whichever is less.
E. Bonus sign area. Monument signs may be increased as follows:
1. Twenty percent when the sign for a multiple-occupancy building or
multiple-building complex utilizes uniform coloring, material, and
lettering for all establishments in the building or complex;
2. Ten percent when the sign is installed in a landscaped planter having
an area four times the area of the sign.
Agenda Item 8. a. Unified Development Code
Page 271 of 340
18.62.170 Grand opening/special event sign area.
Bldg./Gross Floor Area
Sign Area
Property Line Setback
5,000 sq. ft. or less
16 sq. ft.
5 ft.
5,001 – 10,000 sq. ft.
20 sq. ft.
5 ft.
10,001 – 35,000 sq. ft.
25 sq. ft.
10 ft.
35,001 – 60,000 sq. ft.
30 sq. ft.
10 ft.
60,001 – 75,000 sq. ft.
40 sq. ft.
10 ft.
75,001 – 100,000 sq. ft.
50 sq. ft.
15 ft.
100,000 + sq. ft.
60 sq. ft.
15 ft.
Agenda Item 8. a. Unified Development Code
Page 272 of 340
CHAPTER 18.63 - HISTORIC PRESERVATION
18.63.010 Intent
The intent of this chapter is to provide for the identification, enhancement,
perpetuation, and use of the historic resources within the City.
18.63.020 Yelm register of historic places
The Yelm register of historic places is the local listing of properties where a
significant event or pattern of events occurred. It may be the location of
prehistoric or historic occupation or activities that may be marked by
physical remains; or it may be the symbolic focus of a significant event or
pattern of events that may not have been actively occupied.
Listing on the Yelm register of historic places is an honorary designation
denoting significant association with the historic, archaeological, engineering
or cultural heritage of the community. Properties are listed individually or as
contributing properties to an historic district.
18.63.030 Standards for listing on the register
Prior to the commencement of any work on a register property, (excluding
ordinary repair and maintenance and emergency measures) the owner must
request and receive a certificate of appropriateness, or request removal from
the register from the Yelm Historic Preservation Commission pursuant to
Sections 18.15.060 and 18.15.070 YMC.
Agenda Item 8. a. Unified Development Code
Page 273 of 340
CHAPTER 18.64 - ZONING OVERLAYS
18.64.010 Intent
It is the intent of this chapter to provide opportunity for greater flexibility in
zoning and design requirements, encourage a variety of housing types,
encourage infilling of skipped-over parcels in developed areas of the City and
to provide for maximum efficiency in the layout of streets, utility networks
and other public improvements.
18.64.020 Planned residential development
A planned residential development encourages imaginative design and the
creation of permanent open space by preserving or creating environmental
amenities superior to those generally found in conventional developments,
and by preserving to the greatest possible extent the natural characteristics
of the land, including topography, natural vegetation, waterways, and views.
A. Subdivision requirements. A planned residential development shall be
exempt from the specific design requirements of a standard subdivision,
except that when any parcel of land in a planned residential development
is intended for individual ownership, sale, or public dedication, procedural
and applicable state laws pertaining to the subdivision and conveyance of
land and the preparation of maps shall be followed.
B. Relationship of planned residential development site to adjacent areas.
The design of a planned residential development shall take into account
the relationship of the site to the surrounding areas. The perimeter of the
planned residential development shall be designed to minimize
undesirable impact of the planned residential development on adjacent
properties and, conversely, to minimize undesirable impact of adjacent
land use and development characteristics on the planned residential
development.
C. Buildings may have common walls and, therefore, be built to the
property line as in townhouse construction. Wherever buildings are
separated, a minimum distance of 10 feet shall be maintained between
such buildings.
D. Landscaping. Natural landscape features which are to be preserved,
such as existing trees, drainage ways, rock outcroppings, etc., may be
accepted as part of the landscaping plan when such natural features
contribute to the attractiveness of the proposed development.
18.64.040 Mixed use development
A mixed use development encourages imaginative design and the creation of
open space in development by preserving or creating environmental
amenities superior to those generally found in conventional developments
and preserve to the greatest possible extent the natural characteristics of
Agenda Item 8. a. Unified Development Code
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the land, encourages development of a variety of housing types, and
establish a method for utilizing potential zoned properties.
A. Exemptions from certain provisions.
1. A mixed use development shall be exempt from the specific design
requirements of a standard subdivision, except that when any parcel
of land in a mixed use development is intended for individual
ownership, sale, or public dedication, procedural and applicable state
laws pertaining to the subdivision and conveyance of land and the
preparation of maps shall be followed.
B. Relationship to adjacent areas.
1. The design of the mixed use development shall take into account the
relationship of the site to the surrounding areas. The perimeter of the
mixed use development shall be so designed as to minimize
undesirable impact of the mixed use development on adjacent
properties and, conversely, to minimize undesirable impact of
adjacent land use and development characteristics of the mixed use
development.
2. Setbacks from the property line of the mixed use development area
shall be comparable to or compatible with those of the existing
development of adjacent properties or if adjacent properties are
undeveloped, the type of development which may reasonably be
expected on such properties given the existing zoning of such
properties and the land use component of the Comprehensive Plan.
18.64.050 Townhouse development
It is the intent of this section to provide for the development of townhouses
within residential neighborhoods which may be conveyed as individually
owned, separately platted lots. A townhouse is a one-family dwelling unit
which is part of a group of two or more such units separated by common
party walls having no doors, windows or other provisions for human passage
or visibility through the common walls.
Each one-dwelling unit in a
townhouse is attached by not more than two party walls.
A. Density standards and uses.
1. The basic density shall be the same as permitted by the underlying
zone.
2. A townhouse lot shall contain a minimum area of 1,600 square feet
and a minimum lot and building width of 20 feet.
3. No more than four abutting townhouses or townhouse clusters within
the townhouse project site shall have a common front building
setback. Variations in the setback of front building faces shall be at
Agenda Item 8. a. Unified Development Code
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least four feet.
4. No townhouse dwelling unit shall be located closer than 25 feet to
any public right-of-way nor within 15 feet of a private drive, access
road or common open parking area to the front or rear of such a
dwelling unit.
5. Every lot containing a townhouse must provide a private yard of at
least 300 square feet, oriented to either the building front, rear or
side, enclosed visually by fences or walls at least five feet in height or
plantings to screen first level views from adjacent units.
6. The minimum side yard requirement for end dwelling units in
townhouse groups shall be the same as the underlying zone. For all
dwelling units other than end dwelling units in subdivided townhouse
developments, the common walls shall be designed with zero lot
lines.
7. No portion of a townhouse, accessory structure or other building type
in or related to one group or cluster of contiguous townhouses shall
be nearer than 10 feet to any portion of a townhouse or accessory
structure of another townhouse building or cluster.
8. When the only driveway is from the street, each pair of units must
share a common curb cut.
9. Conversion of existing structures to a townhouse project will be
permitted provided all townhouse development standards as outlined
in this section can be satisfied.
18.64.060 Manufactured homes
It is the intent of this section to permit the location of manufactured homes
as a permanent form of dwelling unit, to provide standards for the
development and use of manufactured homes, and to make a distinction
between manufactured home communities and manufactured home
subdivisions and their characteristics.
A. Manufactured
requirements:
housing
units
shall
comply
with
the
following
1. Homes shall be set below grade on ribbon-footings and a permanent
foundation shall be constructed around the perimeter. No more than
12 inches of the perimeter foundation shall be visible or above the
finish grade of the lot.
2. Manufactured housing shall be compared to site-built housing in the
neighborhood within the same zoning district. In general,
manufactured homes shall be comprised of at least two fully enclosed
parallel sections with a total width of at least 24 feet and a length of
Agenda Item 8. a. Unified Development Code
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at least 36 feet.
3. The age of a manufactured home, as reflected on the title, shall not
exceed a maximum of five years at the time of installation.
B. Manufactured housing communities shall comply with the following
requirements:
1. The minimum lot size for a manufactured housing community shall
not be less than three acres, nor more than 15 acres.
2. Yard setbacks along the perimeter of the property shall be 15 feet
from the required buffer.
3. The minimum lot size and width shall be 4,000 square foot lot size
average, a minimum 40 feet wide and 80 feet deep.
4. A 10 foot dense sight barrier landscape buffer and six-foot solid wood
fence shall be required around the perimeter of the site. The buffer
shall be placed along the perimeter property line and the six-foot
solid wood fence shall be placed 10 feet inside the perimeter property
line.
5. Each manufactured home site shall have access from an interior drive
or roadway only.
6. Access to the manufactured housing community shall be limited to
not more than one driveway from a public street or road for each 200
feet of frontage.
7. In addition to the parking requirements of Chapter 18.53 YMC, a
minimum seven-foot parking on each side of the street or minimum
seven-foot parking on one side of the street and a parking area for
guests of at least one space for each five homes. Parking areas shall
be located in a centralized location(s).
8. No manufactured housing community shall be constructed to block
connecting streets shown or proposed as part of the Yelm
Comprehensive Plan.
9. All interior private streets of the community shall have minimum
eleven foot drive lanes.
10. Manufactured home communities shall connect with traffic and
pedestrian ways on all abutting or connecting streets.
11. All streets, roads and driveways shall be paved to a standard of
construction acceptable to the public works department. Interior
pedestrian walkways, carports and parking areas shall be paved.
12. A minimum four-foot internal walkway shall connect each space with
common areas, internal roads, public streets and parking areas. All
Agenda Item 8. a. Unified Development Code
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walkways must be separated, raised, or protected from vehicular
traffic and provide access for handicapped persons.
13. Accessory Buildings or structures accessory to the manufactured
housing community as a whole, and intended for the use of all
manufactured home occupants are permitted, provided the building
area not exceed one-fourth of the common open space area.
Agenda Item 8. a. Unified Development Code
Page 278 of 340
CHAPTER 18.65 – HOME OCCUPATIONS
18.65.010 Intent
It is the intent of this section to permit residents of the community a broad
choice in the use of their homes as a place of livelihood, and the production
of supplementing of personal/family income, while protecting residential
areas from potential adverse impact of activities defined as home
occupations. Home occupations are activities conducted for financial gain or
profit in a dwelling unit, incidental or secondary to the residential use, and
conducted only by the person(s) residing in the dwelling unit.
18.65.020 General requirements
A. Home occupations shall occupy not more than 25 percent of the total
floor area of the residence. In no event shall such occupancy exceed 400
square feet, nor shall an accessory building for such home occupation
exceed 500 square feet, nor shall the total floor area in the residence
and/or an accessory building exceed 500 square feet.
B. Any occupation which may produce waste products of a quality or
quantity not normally associated with residential use shall not qualify as
a home occupation.
C. Home occupations shall comply with all other local, state or federal
regulations pertinent to the activity pursued, and the requirements or
permission granted or implied by this chapter shall not be construed as
an exemption from such regulations.
18.65.030 Development and performance standards
A. Exterior structural alterations or additions or the use of accessory
buildings for home occupations shall be so designed and built as to
maintain or preserve the residential character of the premises. In no
event shall such structural alterations or additions exceed the
Engineering Specifications and Standard Details permitted for structures
in the zoning district in which the premises are situated;
B. Traffic generated by home occupations shall not exceed three
commercial vehicles per week. All parking of customers’ or clients’
vehicles shall be off street;
C. Off-street parking spaces shall not be reduced in size or number below
the minimum required in the district, nor used for any purpose other
than parking;
D. When merchandise, material or equipment is stored, altered, repaired or
displayed, such storage, alterations, repairs or displays shall be entirely
within the residential structure or in an accessory building which meets
Agenda Item 8. a. Unified Development Code
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the criteria of Section 18.64.030(A), except as provided in Section
18.51.050 YMC.
E. Home occupation signs shall be wall-mounted and shall not exceed four
square feet in area, and cannot be internally illuminated, but may be
indirectly illuminated.
Agenda Item 8. a. Unified Development Code
Page 280 of 340
CHAPTER 18.66 – ADULT ENTERTAINMENT BUSINESSES
18.66.010 Intent
It is the intent of this chapter to provide standards for the location and
operation of adult entertainment business. This includes all adult oriented
businesses including adult arcades, adult bookstores, adult novelty stores,
adult video stores, and similar adult uses, adult entertainment parlors and
adult live entertainment centers.
18.66.020 General standards for adult entertainment businesses
Adult entertainment businesses shall conform to the minimum standards of
the underlying zone, as well as the following general standards.
A. A pre-submission conference shall be required.
B. All on-site parking areas and premises entries of adult entertainment
uses shall be illuminated from dusk until one hour past closing hours of
operation with a lighting system which provides an average maintained
horizontal illumination of one foot-candle of light on the parking strips
and/or walkways. An on-premises exterior lighting plan shall be
presented to and approved by the department of community
development prior to the operation of any such use.
C. All parking must be visible from the fronting street. Access to the
exterior rear of the building shall be denied to any persons other than
employees or public officials during the performance of their respective
duties and tasks by means of fencing as approved by the Site Plan
Review Committee.
D. In addition to the requirements of Chapter 18.60 YMC, the following
provisions shall be followed:
1. There shall be no electronic reader boards or changing message
center signs;
2. All adult entertainment businesses shall have facades, exteriors, and
exits which must be indistinguishable from surrounding buildings.
Illustrations to include silhouettes, depicting partially or totally nude
males and/or females shall not be posted or painted on any exterior
wall of the building used for such businesses or on any door or
apparatus attached to such building.
E. No alteration of the configuration of the interior of the adult
entertainment business or enlargement of the floor space occupied by
the premises may be made after obtaining a license, without the prior
approval of the community development department.
F. Buffering requirements shall be measured by following a straight line
without regard to intervening buildings from the nearest point of the
Agenda Item 8. a. Unified Development Code
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property parcel upon which the proposed use is to be located to the
nearest point of the parcel of property or the zone classification boundary
line from which the proposed land use is to be separated.
1. No adult entertainment business shall be located closer than six 660
feet from another adult entertainment business, whether such other
business is located within or outside the City limits;
2. No such adult entertainment business shall be located closer than
660 feet from the following use or zone, whether such use or zone is
located within or outside the City limits:
a. All public facilities, including public and private schools, parks,
libraries, etc.;
b. Property used for state-certified day care;
c. Property used for community teen centers;
d. Property used for churches, cemeteries or other religious facilities
or institutions;
e. Property used for residential and lodging uses and property zoned
primarily for residential uses, including R-4, R-6 and R-14 zones;
f. Property used for organizations, associations, facilities and
businesses which provide, as a substantial portion of their
activities, function or business, the provision of services to children
and/or youth, so that the premises of the organization, facility or
business would have children and youth in attendance or at the
location during a predominant portion of the operational hours of
an adult entertainment facility.
18.66.030 Exemptions
This chapter does not prohibit video stores that sell and/or rent only video
tapes or other graphic reproductions when 20 percent or less of its stock in
trade or revenue comes from the rental or sale of video tapes or other
photographic reproductions considered adult, plays, operas, musicals, or
other dramatic works, classes, seminars and lectures which are held for
serious scientific or educational purposes, exhibitions, performances,
expressions and or dances that are not obscene.
These exemptions do not apply to sexual conduct described in Section
7.48A.010 RCW. Whether or not activity is obscene shall be judged by
consideration of the standards set forth in Section 7.48A.010 RCW.
18.66.040 Adult entertainment businesses effect on other laws
Provisions of this chapter shall not have the effect of authorizing any
activities prohibited by state law or other provisions of this code.
Agenda Item 8. a. Unified Development Code
Page 282 of 340
CHAPTER 18.67 – DAY-CARE FACILITIES
18.67.010 Family home child care providers
A family home child care, in the home where the licensee resides and is the
primary provider for 12 or fewer children, shall be permitted in all zoning
districts of the City where residential structures are permitted, subject to the
following conditions:
A. Such homes shall comply with all building, fire safety and health codes
and obtain a business license from the City for such a business;
B. Each family home child care provider shall be limited to one flush-wall
sign having a maximum area of two square feet;
C. No structural or decorative alteration which will alter the single-family
character of an existing or proposed residential structure or be
incompatible with surrounding residences will be allowed.
18.67.020 Child day-care centers
A child day-care center providing care for a group of 12 or more children,
licensed by the state of Washington as provided for herein, shall be
permitted under the conditions set forth in this section after registration with
the City as provided in this chapter, subject to the following conditions:
A. All child day-care centers, whether required to have a special use permit
or not, shall comply with all building, fire safety, traffic safety, health
code, business licensing, setback, screening, landscaping, parking,
signage, lot size, building size and lot coverage requirements of this
code, including any requirements specific to the district in which said
center is located.
B. No child day-care center shall be located in a private family residence
unless the portion of the residence to which the children have access is
separate from the usual living quarters of the family or is used
exclusively for the children during the hours the center is in operation.
Agenda Item 8. a. Unified Development Code
Page 283 of 340
CHAPTER
18.68 – MARIJUANA RETAILERS
18.68.010 Intent
It is the intent of this chapter to uphold the provisions of the Washington
State requirements for the location of marijuana retailers.
18.68.020 Design standards
No retail outlet for the sale of marijuana concentrates, useable marijuana,
and marijuana-infused products shall be located within 1,000 feet of the
perimeter of the grounds of any private or public school (including preschools, kindergartens, elementary schools, and secondary schools),
playground, recreation center or facility, child care center, public park, public
transit center, or library, or any game arcade admission to which is not
restricted to persons aged 21 years or older.
Agenda Item 8. a. Unified Development Code
Page 284 of 340
CHAPTER 18.69 – SECURE COMMUNITY TRANSITION FACILITIES
18.69.010 Intent
It is the intent of this chapter to provide for the location of secure
community transition facilities, and/or less restrictive alternative housing
pursuant to Chapter 71.09 RCW.
18.69.020 General requirements
A. The City will only accept a complete application for a secure community
transition facility if the mandated three-bed facility has not yet been
provided for anywhere within Thurston county.
B. No more than three people, other than staff, shall occupy a secure
community transition facility. If the state requires the county to
accommodate additional committed sex offenders thereafter, the Hearing
Examiner may authorize increased occupancy, up to a maximum of six
offenders.
C. Sites proposed for a secure community transition facility shall not be
located within 500 feet of a residence or a residential lot.
D. Secure community transition facilities shall not be located adjacent to,
immediately across a street or parking lot from, or within the line of sight
from the following risk potential activities or facilities:
1. Schools (public and private, kindergarten through college) or
potential school sites owned by the school district or private school;
2. Licensed pre-schools, child care homes and day-care centers;
3. Sports fields, playgrounds, parks and teen centers;
4. Places of worship;
5. School bus stops;
6. Property used for organizations, associations, facilities and businesses
which provide, as a substantial portion of their activities, function or
business, the provision of services to children and/or youth;
7. Public libraries;
8. Trails used by the general public to access schools and parks.
E. An eight-foot-high fence, in character with the surrounding area,
between the facility and all property boundaries is requried. The Hearing
Examiner may waive or lessen this requirement if he/she determines
that, due to existing site features or the type or character of adjoining
uses, the privacy and security of the occupants of adjoining properties
can be maintained in the absence of a fence or with a lower fence.
F. The facility shall have a backup power source.
Agenda Item 8. a. Unified Development Code
Page 285 of 340
CHAPTER 18.70 – WIRELESS COMMUNICATION FACILITIES
18.70.010 Intent
It is the intent of this chapter to
A. Manage the location of wireless communication facility (WCF) towers and
antennas in the City of Yelm. A WCF is a facility for the transmission
and/or reception of radio or microwave signals used for commercial
communications. A WCF can be either freestanding (equipment mounted
on a freestanding support structure), or attached (equipment affixed to
or erected upon existing buildings, utility poles, or other existing
structures).
B. Protect residential areas and other land uses from potential adverse
impacts of WCFs;
C. Minimize adverse visual impacts of WCFs through careful design, siting,
landscape screening, and innovative camouflaging techniques;
D. Accommodate an increased need for WCFs to serve the wireless
communications needs of City residents;
E. Promote and encourage co-location on freestanding WCFs as an option
rather than construction of additional single-use WCFs, and reduce the
number of such structures needed in the future. Co-location means the
use of a single support structure and/or site by more than one wireless
communications provider.
F. Consider the public health and safety of WCFs to the extent permitted by
federal law; particularly the 1996 Federal Communications Act and
regulations promulgated by the Federal Communications Commission
(FCC); and
G. Avoid potential damage to adjacent properties
engineering practices and the proper siting of WCFs.
through
sound
18.70.020 Exemptions
The following are exempt from the provisions of this chapter:
A. Industrial processing equipment and scientific or medical equipment
using frequencies regulated by the Federal Communications Commission
(FCC);
B. Antennas and related equipment that are being stored, shipped, or
displayed for sale;
C. Radar systems for military and civilian communication and navigation;
D. Wireless radio utilized for temporary emergency communications in the
event of a disaster;
Agenda Item 8. a. Unified Development Code
Page 286 of 340
E. Licensed amateur (ham) radio stations;
F. Residential antenna’s;
G. Satellite dish antennas less than two meters in diameter, including direct
to home or business satellite services, when used as an accessory use on
a property;
H. Routine maintenance or repair of a WCF and related equipment;
I.
Subject to compliance with all other applicable standards of this chapter,
a building permit application need not be filed for emergency repair or
maintenance of a WCF until 30 days after the completion of such
emergency activity;
J.
A “cell on wheels” (COW) or other temporary WCF for a maximum of 90
days during an emergency declared by the federal, state, or local
government;
K. AM/FM radio and television broadcast facilities or towers.
18.70.030 Location
A. Priority locations:
1. Place antennas and towers on public property if practicle
2. Place antennas on appropriate rights-of-way and existing structures,
such as building, towers, water towers and smokestacks.
3. Place antennas and towers in the Industrial (I), Large Lot Commercial
(C-3) and Heavy Commercial (C-2) zoning districts.
B. Secondary locations:
1. Place antennas and towers in the Commercial (C-1), Central Business
District (CBD), and residential districts.
C. Prohibited locations:
1. WCFs are prohibited on day-care center properties, properties
immediately adjacent to day-care centers, public or private schools,
properties immediately adjacent to public or private schools.
2. Attached WCFs are prohibited on single- or two-family dwellings.
3. WCFs are prohibited on sites or structures which are on federal,
state, or county recognized historic registers.
4. WCFs are prohibited within critical areas and critical area buffers.
18.70.040 Third party technical review
The Site Plan Review Committee may require technical review by a third
party as part of the permit review process. The selection of the third party
expert shall be by mutual agreement by the provider and the Site Plan
Agenda Item 8. a. Unified Development Code
Page 287 of 340
Review Committee. The costs of the technical review shall be borne by the
applicant. Based on the results of the expert review, the Site Plan Review
Committee may require changes to the WCF applicant’s submittal. A third
party technical review may include, but is not limited to, a review of:
A. The technical accuracy and completeness of submissions;
B. The technical applicability of analysis techniques and methodologies;
C. The validity of conclusions reached by the applicant; and/or
D. Other specific technical issues as identified by the Site Plan Review
Committee.
18.70.050 Co-location
To minimize adverse visual impacts associated with the proliferation of
WCFs, co-location is encouraged. The City may deny an application to
construct new facilities if the applicant has not made a diligent effort to
mount the facilities on an existing freestanding WCF or other communication
tower. At a minimum, this requires an assessment of any existing towers
that have the location, as well as the existing or potential height, structural
capability and equipment structure area, to serve the applicant’s needs, a
written request to those tower owners to co-locate on their facilities, and a
good faith effort to work with those tower owners to co-locate.
18.70.060 Design standards for freestanding WCFs.
A. Maximum height.
1. 150 feet including antennas for WCFs located in a priority location or
60 feet in a secondary location.
2. Modification to the maximum height may be granted by the approval
authority if the applicant can show by clear and convincing evidence
that the additional height is necessary to provide adequate service to
the residents of the City and no other alternative with lesser impacts
is available.
B. Setbacks. The setback shall be measured from the base of the WCF
tower to the property line of the parcel on which it is located.
1. 110 percent of tower height, including antennas.
2. A maximum 50 percent reduction to the setbacks may be granted by
the approval authority, in a priority location only, if the WCF is built
to a minimum wind stagnation pressure of 100 miles per hour, and
an exposure and gust coefficient factor of C as listed in Tables 16-F
and 16-G of the 1997 uniform building code, as amended.
3. Further reduction to a minimum setback of 50 feet may be granted
by the approval authority, in a priority location only, if the applicant
Agenda Item 8. a. Unified Development Code
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can demonstrate that without adding more than minimal screening
the alternate location is substantially screened on all sides by existing
vegetation, buildings or topography, or that such location better
preserves view corridors for adjacent property owners and the public.
C. Co-location. All freestanding WCFs shall be designed and constructed to
fully accommodate at least two additional WCF providers, including an
area for each co-locator’s equipment near the base of the tower, each
comparable in size to the area required by the applicant, unless the
applicant demonstrates why such design is not feasible for technical or
physical reasons.
D. Separation.
1. Freestanding WCFs shall be a minimum of 1,400 feet from another
freestanding WCF or other communication tower.
2. Separation distances shall be measured from tower to tower
regardless of property lines and roadways.
3. The separation may be reduced by up to 50 percent under the
following circumstances:
a. Where the proposed freestanding WCF and an existing freestanding
WCF or other communication tower are within a priority location;
b. Where the proposed freestanding WCF and an existing freestanding
WCF or other communication tower are within substantially
different view corridors as determined by the approval authority;
or
c. Where it is clearly demonstrated by the applicant that from a
technical standpoint a reduced separation is necessary.
4. Freestanding WCFs may be clustered within all industrial districts so
long as all WCFs within the cluster are more than 500 feet from
residential zoning districts and any property with an existing
residence.
E. Siting and screening.
1. Siting. Significant visual impacts of a WCF, from the front and rear of
any residence on adjacent properties and for any residence across
the roadway from the WCF, shall be minimized to the maximum
extent feasible through careful siting.
2. Color. WCF towers and antennas shall have a nonglare finish in a
gray, blue, green or other color to blend with the surroundings or
horizon unless a different color is required by the FCC or FAA. The
finish must be approved by the approval authority.
3. Screening.
If the area within 50 feet of the site perimeter is treed
Agenda Item 8. a. Unified Development Code
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such that substantial year-round screening of the WCF site is
provided, as determined by the approval authority: prior to the
issuance of building permits, the applicant shall cause an easement
signed by the property owner to be recorded with the county auditor
establishing a tree retention buffer. A copy of the recorded easement
shall be provided to the planning department. The buffer shall be a
minimum of 50 feet wide and shall extend around the perimeter
outside of the fenced tower site, excluding the access point. This
buffer must extend into the adjacent property if the tower setback
has been reduced such that the buffer will not fit entirely on the
subject property. The approval authority may require the buffer area
to be enhanced to provide the desired level of screening for the
ground level facilities. Any tree within the buffer that dies or is
removed due to disease or wind throw shall be replaced during the
next planting season with a minimum of two conifer trees a minimum
of six feet in height at the time of planting. The buffer shall be
maintained so long as the tower is located on the site.
If site is not a treed area: a minimum 20 foot-wide buffer around the
perimeter outside of the fenced site, excluding the access point, shall
be planted with site-obscuring conifer trees. The trees shall be
planted six feet on center in at least three offset rows. The trees shall
be a minimum of six feet in height at the time of planting and shall
be maintained in a green and growing state so long as the tower is on
the site. Planting shall occur prior to the tower becoming operational.
The approval authority may modify the screening requirements where
existing structures on-site, existing vegetation along the parcel
perimeter, or topography provide adequate screening.
F. Security.
1. A minimum six-foot high chain link fence with privacy slats and
topped with three strands of barbed wire shall be installed around the
perimeter of the site for public safety and security purposes.
Alternate methods of fencing may be approved if a level of public
safety and security similar to that provided by the previously
described fence can be clearly demonstrated. The fence and privacy
slats shall be a deep green or other color which blends in with the
surrounding environment. The fence will require a building permit.
Access to the tower shall be through a locked gate.
2. All freestanding WCFs shall be fitted with anti-climbing devices.
G. Parking/access. At least one parking space, plus adequate turnaround
area, shall be provided. The access road, parking and turnaround areas
Agenda Item 8. a. Unified Development Code
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shall have paved, gravel or other all-weather surface. The access road
must be a minimum of 10 feet wide.
H. Signals, lights and signs. No signals, lights or signs shall be permitted on
a WCF unless required by the FCC or FAA, except that all WCFs shall
have a sign posted on the access gate with the WCF provider name,
contact phone number and emergency phone number on it.
I.
Outdoor storage. Outdoor storage of motor vehicles or materials
associated with the WCF is prohibited outside of the fenced area installed
pursuant to subsection F of this section.
J.
Noise and interference. WCFs shall not exceed noise standards as defined
in Chapter 173-60 WAC or cause interference with electrical,
transmission or reception functions or cause similar disturbances.
18.70.070 Design standards for attached WCF’s
A. Maximum height. In a priority location, 28 feet above the building roof or
top of structure on which it is mounted. In a secondary location, 10 feet
above the building roof or top of structure on which it is mounted.
B. Wall-mounted. If the antenna is mounted on a wall, it shall be as flush to
the wall as technically possible.
C. Architectural compatibility, screening and camouflaging. The antenna
shall be architecturally compatible with the building and wall on which it
is mounted, and shall be constructed, finished, or fully screened to match
as closely as possible the color and texture of the building and wall. Such
facilities will be considered architecturally and visually compatible if they
are camouflaged to disguise the WCF or designed to blend with the
building on which it is mounted.
D. Equipment structures. Equipment structures mounted on a building roof
shall either be hidden from view at ground level off-site or have a finish
similar to the exterior building walls. Equipment for an attached antenna
may also be located within the building on which the antenna is
mounted.
E. Signals, lights, and signs. No signals, lights or signs shall be permitted
on an attached WCF unless required by the FCC or FAA.
F. Outdoor storage. Outdoor storage of motor vehicles or materials
associated with the WCF is prohibited.
G. Noise and interference. WCFs shall not exceed noise standards as defined
in Chapter 173-60 WAC or cause interference with electrical,
transmission or reception functions or cause similar disturbances.
Agenda Item 8. a. Unified Development Code
Page 291 of 340
18.70.080 Design standards for WCF ground-mounted equipment
structures
A. Maximum height. 10 feet.
B. Fenced enclosure. Equipment structures shall be within a fenced
enclosure, unless associated with an attached WCF. Equipment
structures associated with attached WCFs and located outside fencing
must meet all building setbacks, screening and other standards of the
underlying zoning district and must be designed to be architecturally
compatible with the building near which it is placed.
18.70.090 Maintenance of facilities
All WCF facilities must be maintained in a good and safe condition, including
fencing and landscaping buffers, and in a manner that complies with all
applicable federal, state and local requirements.
18.70.100 Abandonment
A. No less than 30 days prior to the date that a WCF provider plans to
abandon or discontinue operation of a facility, the WCF provider must
notify the City by certified U.S. mail of the proposed date of
abandonment or discontinuation of operation. In the event that a WCF
provider fails to give notice, the facility shall be considered abandoned
upon the City’s discovery of discontinuation of operation. Upon such
abandonment, the WCF provider or landowner shall remove the WCF and
restore the site, or reactivate the WCF within one year.
B. City approval for the WCF shall expire one year from abandonment or
immediately upon removal, whichever occurs earlier.
18.70.110 Radio frequency standards
A. The applicant shall comply with federal standards for radio frequency
emissions. Within six months after the issuance of its operational permit,
the applicant shall submit a project implementation report which
provides cumulative field measurements of radio frequency emissions of
all antennas installed at the subject site and compare the results with
established federal standards. Said report shall be subject to review and
approval by the City Council for consistency with federal standards. If on
review, the City Council finds that the WCF does not meet federal
standards, the report shall include a recommendation as to whether or
not the City Council should revoke or modify the site plan review or
special use permit, subject to appeal as provided Chapter 18.14 YMC as
may be applicable.
B. The applicant shall ensure that the WCF will not cause localized
interference with the reception of area television or radio broadcasts. If
on review the City finds that the WCF interferes with such reception, and
Agenda Item 8. a. Unified Development Code
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if such interference is not cured within 60 days, the City may revoke or
modify the site plan review or special use permit.
Agenda Item 8. a. Unified Development Code
Page 293 of 340
ORDINANCE NO. 995
EXHIBIT B
Title 15 Yelm Municipal Code
Franchises
Agenda Item 8. a. Unified Development Code
Page 294 of 340
TITLE 15
FRANCHISES
Table of Contents
TITLE 15 ..................................................................................................................................................................1
FRANCHISES ...........................................................................................................................................................1
15.86.010 FINDINGS. ................................................................................................................................................... 1
15.86.020 PURPOSE. ................................................................................................................................................... 5
15.86.030 DEFINITIONS. ............................................................................................................................................... 5
15.86.040. FRANCHISE REQUIRED. ................................................................................................................................. 8
15.86.050 FRANCHISE APPLICATION; FEES; DEPOSIT. ......................................................................................................... 9
15.86.060 DETERMINATION BY THE CITY........................................................................................................................ 11
15.86.070 AGREEMENT. ............................................................................................................................................. 12
15.86.080 APPLICATION OF CHAPTER 15.72 YMC. ......................................................................................................... 13
15.86.090 NONEXCLUSIVE FRANCHISE. .......................................................................................................................... 13
15.86.100 USE GRANTED. ........................................................................................................................................... 14
15.86.110 TERM OF FRANCHISE. .................................................................................................................................. 14
15.86.120 FRANCHISE AREA. ....................................................................................................................................... 14
15.86.130 CONSTRUCTION PERMITS. ............................................................................................................................ 14
15.86.140 AMENDMENT OF FRANCHISE. ........................................................................................................................ 14
15.86.150 RENEWAL APPLICATIONS. ............................................................................................................................. 14
15.86.160 RENEWAL DETERMINATIONS. ........................................................................................................................ 15
15.86.170 OBLIGATION TO CURE AS A CONDITION OF RENEWAL. ....................................................................................... 15
15.86.180 NO WAIVER. .............................................................................................................................................. 15
15.86.190 SUBJECT TO AUTHORITY. .............................................................................................................................. 15
15.86.200 VIOLATION; PENALTIES. ............................................................................................................................... 16
Agenda Item 8. a. Unified Development Code
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15.86.010 Findings.
A. The City right-of-way is critical for personal travel and the transport of
goods, that the City uses the right-of-way to provide critical services to
its citizens, including public safety and electric, water, sewer, and other
utilities, and that right-of-way is intended for public use and must be
managed and controlled consistent with that intent; in particular, that
the right-of-way should be managed so that the installation,
maintenance, and operation of a utility system does not unreasonably
interfere with public use.
B. The public right-of-way can be partially occupied by private utilities and
other public service entities for facilities used in the delivery,
conveyance, and transmission of utility and public services to the
enhancement of the health, welfare, and general economic well-being of
the City, the region and its residents and businesses.
C. The public right-of-way is a valuable and scarce community resource
physically limited in dimension requiring the City to manage it for the
most efficient and best use and to minimize the costs to the taxpayers of
the foregoing uses, to protect against foreclosure of future economic
expansion because of premature exhaustion of the public right-of-way as
an economic resource, and to minimize the inconvenience to and
negative effects upon the public from such facilities’ construction,
emplacement, relocation, and maintenance in the public right-of-way.
D. The public right-of-way within the City belongs to the public and is built
and maintained at public expense for the use of the general public, the
primary purpose of which is public travel, and must be managed and
controlled consistent with that intent.
E. The City has an obligation under state law to plan for and implement
transportation improvements and must identify sources for future
transportation improvements and maintenance of the public right-ofway.
F. The use of public right-of-way for uses unrelated to public travel, such as
water mains, gas pipes, pipelines, and telecommunications and cable
facilities, is secondary and subordinate to the primary use for travel;
such secondary use is permissible only when not inconsistent with the
primary purpose of the establishment of such public right-of-way, and
such use by a private business is a mere privilege under state law and
there is no inherent right in a private individual to conduct private
business in the public streets.
G. The City has the authority to develop and implement public right-of-way
policies, management principals, standards, and regulatory ordinances in
order to balance the interests of both secondary and primary uses of the
Agenda Item 8. a. Unified Development Code
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public right-of-way, meet the obligations of local government to manage
and maintain the public right-of-way, ensure the efficient use of the
public right-of-way, and protect the public health, safety, and welfare.
H. Public right-of-way management is a substantial and legitimate public
interest and requires establishment of appropriate standards for the use
of the public right-of-way that take into account, among other things:
1. Availability of and demand for a variety of services and delivery
technologies has dramatically increased the demand for use of the
public right-of-way;
2. The present and future use of the public right-of-way;
3. The potential disruption to existing users of the public right-of-way
and resultant inconvenience;
4. Protection of the public and the City from any harm that may flow
from such private use of public right-of-way;
5. The desire to encourage competition;
6. The need to establish standard terms and conditions so that
operators with facilities located in the public right-of-way will have
notice of how it may use the public right-of-way;
7. The City’s obligation to carry out its regulatory authority in a manner
consistent with federal and state law;
8. The City’s right to recover its regulatory and administrative costs;
and
9. The City’s obligation to protect its interests in using the public rightof-way for the provision of services to the public, other governmental
agencies, and itself.
I.
The City has an obligation to ensure the orderly and efficient use of this
limited resource among multiple users and to treat all users fairly while
preserving public safety, essential services, and economical access to its
own facilities which have added greatly to the complexity of modern
public right-of-way management.
J. The failure of service providers to abide by public right-of-way
management standards and the failure of local government to
adequately control the public right-of-way can lead and has led to
damage to the use of the public right-of-way and other property interests
such as:
1. Explosion of facilities in the public right-of-way;
2. Forced evacuation of homes;
Agenda Item 8. a. Unified Development Code
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3. Spillage of raw sewage;
4. Broken water mains resulting in flooding and damage to property;
5. Severing of communications and power lines;
6. Interruption of emergency communications systems;
7. Damage to public streets and sidewalks;
8. Hazards from improperly installed overhead facilities;
9. Excavations made without notice to the City;
10. Excavations
standards;
and
restorations
done
in
violation
of
community
11. Use of improper materials and methods in restoring utility street
cuts;
12. Slow repairs that inconvenience the traveling public;
13. Poor workmanship in trench reinstatement and pavement restoration;
14. Public dissatisfaction with traffic delays and interrupted utility service;
15. Disruption of adjoining public facilities such as gutters and sidewalks;
16. Damage to
excavation;
adjoining
utility
facilities
disturbed
by
improper
17. Increased maintenance costs from repeatedly cutting pavement to
access utilities;
18. Increased danger for the public and excavators; and
19. Street cuts into the public right-of-way that significantly diminish the
average life of the street.
K. The requirement of a performance bond or security fund ensures that
work done in the public right-of-way complies with or can be made to
comply with permitting and other requirements that ensure public safety
and limit liability of the City.
L. Insurance and indemnity requirements protect the City from monetary
loss in the event of City liability due to acts of the secondary users of the
public right-of-way.
M. The City should not be exposed to liability of any kind as a result of the
presence in the public right-of-way of the facilities of secondary users
because the secondary user controls the design, construction, and
installation of those facilities, profits from use of those facilities, is better
suited and positioned to protect against such harms, and, but for the
existence of those facilities, no injury would have occurred.
Agenda Item 8. a. Unified Development Code
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N. Insurance, bonding, indemnity, non-recourse, and other financial security
requirements serve important and substantial government interests and
are reasonable requirements necessary to protect the public health,
safety, and welfare and to protect the City from financial loss from
liability arising from acts of third parties operating within and using the
public right-of-way.
O. The City has a substantial government interest in knowing the identity of
those persons with facilities in its public right-of-way so that it may,
among other things, provide notice of hazardous or defective conditions,
violations of regulatory or contractual requirements, joint trenching
opportunities,
relocation
requirements
for
public
or
private
improvements, identify locations of facilities, or identify the proper
parties in the event of litigation.
P. The City has a substantial government interest in requiring notice and
approval of a transfer of the rights, duties, and obligations of those
persons permitted to be in the public right-of-way to ensure that the City
does not lose any legal rights or protection as a result of the transfer, to
ensure that such persons are aware of and agree to comply with all
rights, duties, and obligations previously agreed to, to ensure that
companies do not simply transfer agreements to avoid complying with
regulatory or contractual requirements, and to ensure that the City has
accurate contact information for the operator of the facilities in the public
right-of-way in the event of an emergency.
Q. Increasing demand for use of public right-of-way is causing, and will
continue to cause, local governments to expand management services
and responsibilities, including more frequent inspections, repairs, and repaving, sophisticated mapping technologies and systems, and increased
personnel.
R. The City has a substantial government interest in requiring persons with
facilities in the public right-of-way to provide record drawings and
descriptions of its facilities so that, among other things, the City may
assess the potential disruption of the public right-of-way during
construction and installation, so that the City can plan future
improvements and installations within the public right-of-way, so the City
can assess the physical capacity of the public right-of-way; so the City
can provide notice to other users of the public right-of-way of the
location of facilities to avoid disruption to such facilities and unnecessary
excavation, so the City can determine appropriate amounts of bonding,
insurance, and other requirements to protect the public health, safety,
and welfare, and so the City can ensure compliance with its regulatory
requirements and the terms and conditions of its agreements with the
secondary users.
Agenda Item 8. a. Unified Development Code
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S. The recovery of administrative costs incurred by the City in preparing,
considering, and authorizing the use, construction, or installation of
facilities within the public right-of-way is a cost of regulation and
management of the public right-of-way and authorized under state and
federal law.
T. Construction and operation of facilities in the public right-of-way is
intrusive and disruptive, and requires the City to manage the number of
times its citizens must bear the inconvenience of having its streets
excavated and the best times for it to occur.
15.86.020 Purpose.
The purpose of this chapter is to exercise the City’s lawful statutory and
police power authority to regulate in the public interest the use of the rightof-way by establishing procedures for the granting and termination of utility
franchises and by prescribing the rights, duties and obligations of a utility
operating within the rights-of-way.
15.86.030 Definitions.
The following terms, phrases, words and their derivations as used in this
Chapter shall have the meanings given herein. Words not defined herein
shall have the meaning given in Section 15.52.020 or Section 1.04.010 of
the Yelm Municipal Code.
Words not defined herein or in Chapter 15.52
Chapter 1.04 of the Yelm Municipal Code, shall have the meaning given
pursuant to such federal statutes, rules, or regulations that apply to and
regulate the services provided by the Grantee. Words not otherwise defined,
shall be given their common and ordinary meaning. When not inconsistent
with the context, words used in the present tense include the future, words
in the plural include the singular, and words in the singular include the
plural.
The word “shall” is always mandatory and not merely directory.
References to governmental entities (whether persons or entities) refer to
those entities or their successors in authority. If specific provisions of law,
regulation or rule referred to herein be renumbered, then the reference shall
be read to refer to the renumbered provision.
“Administrator” means the Yelm City Administrator, or his/her designee.
“Applicant” is the entity to which a franchise will be granted.
“Authorized Person” is the person authorized by applicant to complete and
file an application on behalf of Applicant and who is authorized to receive
any notices on behalf of applicant of any action taken by the City regarding
the franchise application.
“City” means City of Yelm.
Agenda Item 8. a. Unified Development Code
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“Council” or “City Council” means the City Council of the City of Yelm.
“Director” means the director of the City of Yelm public works department.
“Franchise” refers to the authorization, and the terms and conditions
thereof, granted by the City to a utility operator, giving the utility operator
the non-exclusive right to occupy the space, or use utility facilities upon,
across, beneath, or over any right-of-way within the franchise area to
provide utility service. Any franchise shall be issued in the form of an
ordinance, and must be accepted by the grantee to become effective in the
time and manner specified in the Yelm Municipal Code or the franchise
ordinance.
Such Franchise shall not include or be a substitute for:
1. Any other license or authorization required for the privilege of
transacting and carrying on business within the City;
2. Any permit, agreement, or authorization required in connection with
operations on or in public streets or property, including, by way of
example and not limitation, utility permits; or
3. Any permits or agreements for occupying any other property in the
City for which access is not specifically granted by the franchise
including, without limitation, permits and agreements for placing
devices on or in poles, conduits, other structures, or railroad
easements, whether owned by the City or a private entity.
“Franchise Area” means the area of the City that a utility operator is
authorized to serve by the terms of its franchise or by operation of law.
“Franchise Ordinance” shall mean the ordinance granting a franchise to an
applicant.
“Grantee” means utility operators granted rights and bound by obligations as
more fully described in a franchise granted pursuant to this Chapter.
“Ordinance” shall, unless a different meaning is intended, mean and refer to
the ordinance enacting the provisions of this Chapter 15.86 of the Yelm
Municipal Code.
“Overhead facilities” means utility facilities located above the surface of the
ground, including the underground supports and foundations for such
facilities.
“Person” means and refers to corporations, companies, associations, firms,
partnerships, limited liability companies, other entities and individuals;
provided that, this term shall not mean or refer to the City of Yelm.
“Rights-of-way” of “Right-of-way” means and includes the surface of and
space above and below any property in the City in which the City has any
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interest whether in fee, through right of way dedication, easements or
otherwise, or interest as a trustee for the public, as they now or hereafter
exist, and used or dedicated for public transportation, including, but not
limited to, all public streets, highways, avenues, roads, reservoirs, alleys,
sidewalks, tunnels, viaducts, bridges, skyways, parks, trails, or any other
public place, area or property under the control of the City.
“State” means the state of Washington.
“Underground facilities” means utility facilities located under the surface of
the ground, alone or in combination, direct buried or in utility tunnels or
conduits, excluding the underground foundations or supports for overhead
utility facilities.
“Utility” or “Utility operator” means any person owing, operating, managing
or maintaining a water, sanitary sewer, storm-water, electric energy, street
light, or petroleum or natural gas pipeline, whether or not utility service is
made generally available to the public.
“Utility facilities” or “facilities” means the plant, equipment and property
including, but not limited to, the poles (with or without cross-arms), wires,
lines, pipes, mains, conduits, ducts, cables, mains, laterals, conduits,
feeders, regulators, braces, guys, anchors, vaults, meters, meter-reading
devices, communication systems, distribution and transmission systems, and
any and all other equipment, appliances, attachments, appurtenances and
other items necessary, convenient, or in any way appertaining to any and all
of the foregoing, located under, on or above the surface of the ground within
rights-of-way and used or to be used for the purpose of providing utility
services.
“Utility service” shall mean the service or services provided by the utility
operator.
“Utility System” shall mean collectively the utility facilities that together with
other facilities, appurtenances and equipment of grantee or other persons
are used to provide a utility service or services whether or not such service
is provided to the public in general.
“Washington Utilities and Transportation Commission” or “WUTC” means the
state administrative agency, or lawful successor, authorized to regulate and
oversee telecommunications carriers and telecommunications services in the
state of Washington to the extent prescribed by law.
“YMC” means the Yelm Municipal Code.
Agenda Item 8. a. Unified Development Code
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15.86.040. Franchise Required.
A. Franchise Required. No utility operator shall own, manage, maintain, or
operate utility facilities within the right-of-way without having in place a
current and valid franchise except as provided in the subsections below.
B. Transitional provisions. The operator of any utility facility, the operation
of which is required to be franchised under this Chapter, shall have six
(6) months from February 12, 2015 to file an application for a Franchise
under this Chapter.
Any utility operator timely filing such an application shall not be subject
to a penalty under this Chapter for failure to have such a franchise, as
long as said application remains pending; provided, however, nothing
herein shall relieve any utility operator of any liability for its failure to
obtain any permit, or other authorization required under other provisions
of the Yelm Municipal Code, and nothing herein shall prevent the City
from requiring removal of any facilities installed in violation of the Yelm
Municipal Code.
C. Persons holding Franchises. Any person holding an outstanding franchise
from the City for a utility system may continue to operate under the
existing franchise to the conclusion of its present term (but not any
renewal or extension thereof) with respect to those activities expressly
authorized by the franchise; provided, however, that such grantee may
elect at any time to apply for a superseding franchise under this Chapter
and must seek additional franchises to provide other services; and,
provided further, that, such person shall be subject to the other
applicable provisions of the Yelm Municipal Code to the extent permitted
by law.
D. Persons with pending applications. Applications pending on February 12,
2015 shall be subject to this Chapter.
A person with a pending application shall be provided 30 days from
February 12, 2015 to submit additional information to comply with the
requirements of this Chapter governing applications.
E. Transitional rules to be narrowly interpreted. It is the intent of the City to
apply the provisions of this Chapter to utility operators that now occupy
or may in the future occupy rights-of-way, except to the extent federal
or state law prevents it from doing so.
F. Nothing herein requires the City to enforce this Chapter against other
governmental agencies providing utility service in the City if the City is
prevented from doing so as a matter of law or if the City has entered into
an agreement or agreements with a utility operator or operators to
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provide utility service within the City, or to manage, maintain, or operate
utility facilities within the City.
15.86.050 Franchise Application; Fees; Deposit.
A. City Forms; Application Information. Any utility operator required to
obtain a franchise hereunder, or seeking to renew a franchise, shall file
an application with the City for a franchise provided on a form by the
administrator.
The applicant shall include the following information with the application,
unless the requirement for such information is waived by the
Administrator for cause:
1. The following contact information for the Authorized Person:
a.
b.
c.
d.
e.
f.
Name;
Title;
Mailing Address;
URL;
Phone Number; and
Electronic Mail Address (Optional).
2. The legal and d/b/a names, mailing address, Washington tax number,
and phone number of applicant.
3. If a corporation, state the name and address of the registered agent
of applicant in Washington State, and the state of incorporation of
applicant.
4. If applicant is something other than a corporation, such as a
partnership or limited liability company, state the names and
business addresses of the principals.
5. As to any portion of the utility system applicant proposes to initially
install, and to any such portion of the utility system currently
existing, within the public rights-of-way of the City of Yelm, describe
and identify:
a. The general route of the existing or proposed utility system;
b. The approximate linear feet of overhead and underground utility
system facilities;
c. The construction techniques that applicant proposes to use for
underground installations;
d. The type of overhead and underground utility facilities, including
any equipment proposed to be installed related thereto;
e. The power sources that will be used, if any, and a description of
the noise, exhaust, and pollutants, if any, that will be generated
by the operation of the same.
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6. If the Applicant intends to provide, or is providing, services to
residents or businesses located within the corporate boundaries of
the City, a description of the services applicant provides or intends to
provide.
7. Information sufficient for the City to determine whether the applicant
is subject to franchising under this Chapter;
8. Information sufficient for the City to determine whether the
transmission, origination or receipt of the utility services provided or
to be provided by the applicant constitutes an occupation or privilege
subject to any City tax, permit, license or franchise fee;
9. A statement from the applicant documenting that it has complied with
all registration and related filings requirements of the WUTC or such
other governmental body having regulatory and/or licensing
jurisdiction and authority over the applicant;
10. Such other information as the City may request and that it finds
reasonable and necessary to the determination to grant or deny a
franchise or franchise renewal application and which may be lawfully
required.
B. Completed Application. The application will not be deemed complete
without applicant providing the information required by the City and the
applicant attaching a declaration of an authorized person certifying the
truth and accuracy of the information provided in the application and
depositing the application fee as required under this Chapter.
The City shall within fifteen (15) business days of receipt of an
application, notify the applicant that the application is not complete.
If such notice is not timely given the applicant shall be deemed complete
from the date the application is received by the City.
Any notice provided under this subsection shall be deemed given upon
personal service of applicant, or upon deposit in the United States mail in
a properly stamped envelope addressed to the mailing address provided
in the application for the applicant.
C. Application Fees. The application fee shall be the actual costs of City
staff time and resources as well as any outside consultation expenses
which the City reasonably determines are necessary to adequately review
and analyze the application. Each application under this Chapter for a
franchise, or renewal thereof, shall be accompanied by an application fee
deposit in the initial amount of $5,000, which shall be deposited with the
City.
Agenda Item 8. a. Unified Development Code
Page 305 of 340
D. Purpose. The purpose of the application fee is to ensure full recovery of
City costs and expenses in connection with the review of the application
including, but not limited to, actual costs of City staff time and resources
as well as any outside consultation expenses which the City reasonably
determines are necessary to adequately review and analyze the
application.
E. Application of Fee Deposit. The application fee deposit shall be credited
towards other fees or deposits due to the City, less any ascertainable
costs and expenses incurred by the City in connection with the
application. The City may draw upon the application fee deposit to pay
for such expenses.
F. Duty to Replenish. To the extent that the initial deposit is insufficient to
fund full recovery of City costs and expenses, within 30 days after
written demand, the applicant shall replenish the application fee.
Applicant shall be entitled to a refund of any unencumbered amounts
remaining from the application fee upon conclusion of the process for
review and approval or denial of a franchise.
G. The outcome of the City’s process for review and approval of a franchise
is independent of and is in no way biased, prejudiced or predetermined in
any way by the submission of an application fee.
15.86.060 Determination by the City.
Within 120 days after receiving a complete application hereunder, the City
Council shall make a determination granting or denying a franchise
application.
The grant of a franchise application shall be made by ordinance approving a
franchise upon the terms and conditions set forth in the franchise.
If the application is denied, the determination shall include the reasons for
denial. The following enumerated criteria shall apply when determining
whether to grant or deny the application:
A. The financial and technical ability of the applicant to fulfill its obligations
under a franchise;
B. The legal status of the applicant;
C. The capacity of the rights-of-way to accommodate the applicant’s utility
facilities;
D. The capacity of the rights-of-way to accommodate additional utility
facilities if the application is granted;
E. The damage or disruption, if any, to public or private facilities,
improvements, services, travel or landscaping if the application is
Agenda Item 8. a. Unified Development Code
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granted, giving consideration to an applicant’s willingness and ability to
mitigate and/or repair same;
F. The public interest in minimizing the cost and disruption of construction
within the rights-of-way;
G. The service that applicant will provide to the region;
H. The effect, if any, on general public health, safety and welfare in the
City’s sole opinion if the application is granted;
I.
The availability of alternate routes or locations for the proposed utility
facilities;
J. Applicable federal, state and local laws, regulations, rules and policies;
and
K. Such other factors as may demonstrate that the grant to use the rightsof-way will serve the community interest.
If an existing grantee is required by the WUTC, or other applicable law, to
provide service to anyone requesting it within the franchise area, the
determination by the City to deny the application is not applicable, and the
City shall grant a franchise upon reasonable and lawful terms and conditions
that, in the judgment of the City, serve and protect the public interest.
15.86.070 Agreement.
A. No franchise shall be effective unless the City Council has approved the
grant of a franchise by ordinance and the applicant/grantee has accepted
the terms and conditions of the franchise by written instrument, in a
form acceptable to the City Attorney, which shall be executed and filed
with the City within 30 days of the effective date of the franchise
ordinance.
In its acceptance, a grantee shall declare that it has carefully read the
terms and conditions of this chapter and the franchise and accepts all of
the terms and conditions of this chapter and the franchise and agrees to
abide by same.
In accepting a franchise, a grantee shall indicate that it has relied upon
its own investigation of all relevant facts, that it had the assistance of
counsel, that it was not induced to accept a franchise, and that it accepts
all reasonable risks related to the interpretation of the franchise.
B. All franchises granted pursuant to this Chapter shall contain substantially
similar terms and conditions which, taken as a whole and considering
relevant characteristics of the applicants, do not provide more or less
favorable terms and conditions than those required of other grantees;
provided that, notwithstanding the foregoing, nothing herein shall
prevent the City from requiring terms and conditions that conform to
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standards, rules, orders, design guidelines and regulations that are
issued, promulgated or made pursuant to the provisions of this chapter
or other lawful authority, and which are applicable to grantee.
C. A franchise issued pursuant to the provisions of this Chapter shall be
deemed to constitute a contract between a grantee and the City. In the
event of a conflict between the provisions of this Chapter and a franchise
issued pursuant hereto, the provisions of this Chapter shall govern unless
the franchise clearly states the parties’ intent to have the provisions of
the franchise control over the provisions of this Chapter. Each party shall
be deemed to have contractually committed itself to comply with the
terms, conditions and provisions of the franchise granted, and a grantee
shall further comply with all written standards, rules, orders, design
guidelines and regulations issued, promulgated or made pursuant to the
provisions of this chapter or other lawful authority and which are
applicable to grantee.
15.86.080 Application of Chapter 15.72 YMC.
A. Application of Chapter 15.72 YMC. The provisions of Chapter 15.72 of
the Yelm Municipal Code, as now or may hereafter be amended, are
hereby made applicable to all utility operators.
For
purposes
of
this
Chapter,
any
reference
therein
to
telecommunications or cable facilities shall mean and refer to utility
facilities, and any reference therein to grantee shall mean and refer a
grantee of a utility franchise as provided under this Chapter.
B.
Conflict. In the event of a conflict between a requirement or condition
of this chapter and a requirement or condition under YMC Ch. 15.72,
such requirement or condition of this Chapter shall control to the extent
of the conflict, except to the extent such requirement or condition is
controlled by state or federal law or regulation, in which case the state or
federal law or regulation shall control to the extent of the conflict.
C. Franchise May Govern. In the event of a conflict between the provisions
of Ch. 15.72 YMC, as made applicable pursuant to the provisions of this
Section, and a franchise issued pursuant to this Chapter, such provisions
of YMC Ch. 15.72 shall govern unless the franchise clearly states the
parties’ intent to have the provisions of the franchise control over the
provisions of YMC Ch. 15.72.
15.86.090 Nonexclusive franchise.
No franchise granted hereunder shall confer any exclusive right, privilege or
franchise to occupy or use the rights-of-way for delivery of utility services or
any other purposes.
Agenda Item 8. a. Unified Development Code
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15.86.100 Use granted.
A. No franchise granted hereunder shall convey any right, title or interest in
the rights-of-way but shall be deemed a franchise only to use and occupy
the rights-of-way for the limited purposes and term stated in the grant.
B. No franchise granted hereunder shall authorize or excuse a grantee from
securing such further easements, leases, permits or other approvals as
may be required to lawfully occupy and use rights-of-way.
C. No franchise granted hereunder shall be construed as any warranty of
title.
15.86.110 Term of franchise.
Unless otherwise specified in a franchise agreement, a franchise granted
hereunder shall be valid for a term of not more than 10 years.
15.86.120 Franchise Area.
A franchise granted hereunder may be limited to the specific geographic
area of the City to be served by the grantee, and the specific rights-of-way
and portions thereof, as may be identified in the franchise agreement.
15.86.130 Construction permits.
All grantees are required to obtain permits and pay all fees as may be
lawfully required by the City; provided, however, that nothing in this
Chapter shall prohibit the City and a grantee from agreeing to alternative
plan review, permit and construction procedures in a franchise agreement;
and further provided, that such alternative procedures provide substantially
equivalent safeguards for responsible construction practices.
15.86.140 Amendment of franchise.
A. The grantee shall apply for an amendment to an existing franchise when
a grantee desires to extend its franchise area or to locate its utility
facilities in rights-of-way which are not included in a franchise previously
granted hereunder or when it desires to offer services beyond those
authorized in the franchise.
All amendments shall be approved by ordinance of the City Council.
B. It shall not be a violation of this Chapter for the grantee, upon request or
order of the City, to locate or relocate its utility facilities in rights-of-way
to a portion of the right-of-way not included in the franchise area.
15.86.150 Renewal applications.
A grantee that desires to renew its franchise hereunder shall, not more than
180 days or less than 120 days before expiration of the current franchise,
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file an application with the City for renewal of its franchise which shall
include the following information:
A. The applicable information required pursuant to YMC 15.86.050.
B. Any other information reasonably required by the City and related to the
grantee’s use of and operation within the right-of-way.
15.86.160 Renewal determinations.
Within 120 days after receiving a complete application hereunder for
renewal, the council shall make a determination on behalf of the City
granting or denying the renewal application in whole or in part.
If the renewal application is denied, the determination shall include the
reasons for nonrenewal. The criteria enumerated in YMC 15.86.060 shall
apply when determining whether to grant or deny the application, and may
further consider whether the applicant has substantially complied with the
material terms of the existing franchise and with applicable law, whether the
applicant’s construction, installation, operation or maintenance practices for
the utility system are or have been conducted in an unsafe or dangerous
manner, and whether the applicant has the ability to provide the services,
facilities and equipment as set forth in the application.
The grant of renewal shall be by ordinance of the City Council.
15.86.170 Obligation to Cure as a Condition of Renewal.
No franchise shall be renewed until any ongoing violations or defaults in the
grantee’s obligations under the franchise agreement, the requirements of
this Chapter, and all applicable laws, statutes, codes, ordinances, rules and
regulations have been cured, or a plan detailing the corrective action to be
taken by the grantee has been approved by the administrator. Failure to
comply with the terms of an approved plan shall be grounds for nonrenewal
or immediate revocation of the franchise.
15.86.180 No waiver.
The failure of the City to enforce any provision of this Chapter on any
occasion shall not operate as a waiver or estoppel of the right to enforce any
provision of this Chapter on any other occasion, nor shall the failure to
enforce any prior ordinance affecting utility operators or utility systems act
as a waiver or estoppel against application of this Chapter any other
provision of applicable law.
15.86.190 Subject to authority.
A grantee shall, at all times during the term of a franchise, be subject to all
lawful exercise of the police power by the City and to such lawful regulations
as the City shall hereafter enact. A grantee shall construct, operate and
utility facilities or other improvements in full compliance with all other
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applicable rules and regulations now in effect or hereafter adopted by the
United States, the state of Washington, the City or any agency of said
governments with jurisdiction over said activities.
15.86.200 Violation; Penalties.
A. Civil Infraction. A violation of the requirements of YMC 15.86.040
(Franchise Required) shall be designated as a Class 1 civil infraction
pursuant to Chapter 7.80 RCW. A separate and distinct violation shall be
deemed committed each day on which a violation occurs or continues.
B. Termination or Revocation. In addition to the civil penalties set forth in
this section, violation of any provision of this Chapter or any franchise
issued pursuant thereto may also result in the revocation and
termination of any such franchise.
C. Other Remedies. Notwithstanding any other provision in this Chapter,
the City may seek legal or equitable relief to enjoin any acts or practices
and abate any condition which constitutes or will constitute a violation of
the applicable provisions of this Chapter or any franchise issued pursuant
thereto when civil or criminal penalties are inadequate to effect
compliance.
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ORDINANCE NO. 995
EXHIBIT C
Chapter 9.86 Yelm Municipal Code
Adult Entertainment Business
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Agenda Item 8. a. Unified Development Code
Page 313 of 340
CHAPTER 9.86
ADULT ENTERTAINMENT BUSINESS
Table of Contents
CHAPTER 9.86................................................................................................................................................................1
ADULT ENTERTAINMENT BUSINESS .............................................................................................................................1
CHAPTER 9.86 – ADULT ENTERTAINMENT BUSINESS ..................................................................................................2
9.86.010
9.86.020
9.86.030
9.86.040
9.86.050
9.86.060
9.86.070
9.86.080
9.86.090
9.86.100
9.86.110
9.86.120
9.86.130
9.86.140
EXEMPTIONS TO CHAPTER APPLICABILITY ......................................................................................................... 2
EXEMPTION FROM PROVISIONS ...................................................................................................................... 2
DEFINITIONS .............................................................................................................................................. 2
INSPECTIONS .............................................................................................................................................. 4
HOURS OF OPERATION ................................................................................................................................. 4
ADULT ENTERTAINMENT PARLOR - LIQUOR PROHIBITED ...................................................................................... 4
REGULATIONS RELATING TO ON-PREMISES VIEWING ........................................................................................... 4
REGULATIONS APPLICABLE TO VIDEO STORES NOT QUALIFYING AS ADULT VIDEO STORES ............................................ 6
CONDUCT OF EMPLOYEES AND OPERATORS ...................................................................................................... 6
OPERATION REGULATIONS ............................................................................................................................ 9
RESPONSIBILITIES OF MANAGERS .................................................................................................................... 9
PREMISES – SPECIFICATIONS ....................................................................................................................... 10
VIOLATION DEEMED A PUBLIC NUISANCE........................................................................................................ 11
VIOLATION DEEMED A MISDEMEANOR........................................................................................................... 11
Agenda Item 8. a. Unified Development Code
Page 314 of 340
CHAPTER 9.86 – ADULT ENTERTAINMENT BUSINESS
9.86.010
Exemptions to chapter applicability
The provisions of this section shall not apply to massages performed or
baths provided in any hospital or at the athletic department of any public or
private secondary school or college, or by any person who has been certified
or licensed by the state of Washington to practice medicine, surgery,
drugless therapy, physical therapy, massage, osteopathy, osteopathy and
surgery, chiropractic, podiatry, or nursing.
9.86.020
Exemption from provisions
A. This chapter does not apply to premises which are primarily devoted to
theatrical performances where there are seats arranged so that the body
of spectators has an unobstructed view of the stage for viewing
performances of artistic expression and where such performances are not
incidental to the promotion of the sale of food and/or drink, and where
patrons are not permitted to touch, caress or fondle the actors or
entertainers performing therein.
B. This chapter does not prohibit:
1. Plays, operas, musicals, or other dramatic works that are not obscene;
or
2. Classes, seminars and lectures which are held for serious scientific or
educational purposes and which are not obscene; or
3. Exhibitions, performances, expressions or dances that are not
obscene.
4. The exemptions in this section do not apply to sexual conduct defined
in YMC 9.86.030, or the sexual conduct described in Sections
7.48A.010(2)(b)(ii) and (iii) RCW. Whether or not activity is obscene
shall be judged by consideration of the standards set forth in Section
7.48A.010(2) RCW.
9.86.030
Definitions
Wherever the following words and terms appear in this chapter, they shall
have the following meanings:
“Adult entertainment business” includes; adult entertainment parlor, adult
live entertainment center, adult arcade, adult bookstore, adult novelty store,
and/or adult video store.
“Adult entertainment parlor” means a place in the incorporated area of the
city where sexually stimulating touching is performed upon the body of
one person by another person; nude modeling studios or where sauna
baths, Turkish baths, Swedish baths where sexually stimulating touching
Agenda Item 8. a. Unified Development Code
Page 315 of 340
is performed upon the body of one person by another person or the like
are made available to members of the public.
“Adult live entertainment center” means a business having, as parts of its
trade, live dancers or entertainers who depict specific sexual activities or
display specific anatomical areas as defined herein, included, but not
limited to, topless dance centers, so-called exotic dance centers and
body painting studios.
“Adult arcade” shall mean a business where, for any form of consideration,
one or more still or motion picture projectors, slide projectors, or similar
machines, or other image producing machines, for viewing by five or
fewer persons each, are used to show films, motion pictures, video
cassettes, slides, video disks or other photographic reproductions which
are characterized by the depiction or description of “specific sexual
activities” or “specific anatomical areas.”
“Adult bookstore,” “adult novelty store,” or “adult video store” shall mean a
commercial business which has as one of its principal business purposes
the offering for sale or rental for some form of consideration, books,
magazines, periodicals or other printed matter, or photographs, films,
motion pictures, video cassettes, slides, video disks or other visual
representations which are characterized by the depiction or description of
specific sexual activities or specific anatomical areas. Provided, however,
that video stores that sell and/or rent only video tapes or other graphic
reproductions and associated equipment shall only come within the
definition set forth herein if 20 percent or more of its stock in trade or
revenue comes from the rental or sale of video tapes or other
photographic reproductions or associated equipment which are
characterized by the depiction or description of specific sexual activities
or specific anatomical areas.
“Adult entertainment parlor employee” means any person employed by an
adult entertainment parlor; including any person who performs sexually
stimulating actions in any way upon, patrons of an adult entertainment
parlor, or who supervises the work of such a person.
“Employee” and/or “independent contractor” means any and all persons,
including entertainers, who work in or at or render any services directly
related to the operation of any adult live entertainment center.
“Entertainer” means any person who provides entertainment within an adult
live entertainment center as defined in this section whether or not a fee
is charged or accepted for such entertainment.
“Entertainment” means any exhibition or dance of any type, removal of
articles of clothing, pantomime, modeling or any other sexually
stimulating performance.
Agenda Item 8. a. Unified Development Code
Page 316 of 340
“Operator” means any person operating, conducting or maintaining an adult
live entertainment center.
“Specific anatomical areas” means:
1. Less than completely and opaquely covered human genitals, pubic
region, buttocks and the female breasts below a point immediately
above the top of the areola.
2. Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
“Specific sexual activities” means:
1. Human genitals in a state of sexual stimulation; and/or
2. Acts of human masturbation, sexual intercourse or sodomy; and/or
3. Fondling or other erotic touching of human genitals, pubic region,
buttocks or the female breasts.
9.86.040
Inspections
An applicant for an adult entertainment business license shall be considered
to consent, as a condition of receiving such license, to inspection by the chief
of police or the building official or their designees during hours when such
businesses are open. The purpose of such inspection shall be to determine if
the licensed premises is operated in accordance with the requirements of the
Yelm municipal code. It is hereby expressly declared that unannounced
inspections are necessary to ensure compliance with this chapter.
9.86.050
Hours of operation
All adult entertainment businesses shall be closed, and all services
performed therein discontinued, between the hours of 12:30 a.m. and 10:00
a.m.
9.86.060
Adult entertainment parlor - Liquor prohibited
Liquor, as defined in the Washington State Alcoholic Beverage Control Act,
shall not be distributed or consumed on the premises of any adult
entertainment parlor.
9.86.070
Regulations relating to on-premises viewing
Any adult arcade, adult bookstore, adult novelty store or adult video store
having facilities for customers’ viewing of depictions of human nudity and/or
sexual conduct of any nature, including depictions of specific sexual
activities, shall comply with the following regulations:
A. Construction/Maintenance.
1. Adult Arcade Entertainment Business Premises. All adult arcade
stations or booths must open to the public room so that the area and
Agenda Item 8. a. Unified Development Code
Page 317 of 340
occupant inside the booths are fully and completely visible by direct
line of sight to the manager located at the manager’s station which
shall be located in the main entrance way to the public room
containing the arcade stations or booths. No curtain, door, wall,
merchandise, display rack, or other nontransparent enclosure,
material, or application may obscure in any way the manager’s view
of any portion of the activity or occupant of the adult arcade station
or booth, or the performance area.
2. All such areas shall be maintained in a clean and sanitary condition at
all times.
3. All ventilation devices or openings between adult arcade booths must
be covered by a permanently affixed louver or screen. Any portion of
a ventilation opening cover may not be located more than one foot
below the top of the booth walls or one foot from the bottom of booth
walls. There may not be any other holes or openings between the
booths.
B. Signs.
1. There must be permanently posted and maintained in at least two
conspicuous locations on the interior of all adult arcade premises a
sign stating substantially the following:
a. No persons under the age of eighteen years shall be allowed to
occupy a viewing booth at any time.
b. Occupancy of any station or booth is at all times limited to one
person.
c. There may be no criminal activity in the stations, booths, or on
the premises, including but not limited to: sexually explicit
conduct Section 9.68A.011 RCW, acts of lewdness Chapter 9.16
YMC, indecent exposure, prostitution, drug activity, or sexual
conduct, as defined herein.
d. Violators are subject to criminal prosecution.
2. Each sign must be conspicuously posted and not screened from the
patrons’ view. The letters and numerals must be on a contrasting
background and be no smaller than one inch in height.
C. Lighting. Sufficient lighting must be provided and equally distributed
throughout the public areas of the adult entertainment business so that
all objects are plainly visible at all times. A minimum lighting level of 30
lux horizontal, measured at 30 inches from the floor and on 10-foot
centers is required for all areas of the adult entertainment business
where members of the public are permitted.
Agenda Item 8. a. Unified Development Code
Page 318 of 340
D. Unlawful Conduct. The following conduct or activity is unlawful:
1. Masturbation in viewing booths.
2. Two or more customers in a viewing booth at the same time.
3. The use of such booths by any person under the age of 18 years.
4. For the owner or manager to knowingly allow the above conduct.
9.86.080 Regulations applicable to video stores not qualifying as
adult video stores
Video stores that sell or otherwise distribute films, motion pictures, video
cassettes, slides, video disks or other visual representations which are
characterized by the depiction or description of specific sexual activities or
specific anatomical areas, and less than 20 percent of their stock-in-trade or
revenues comes from the rental or sale of such items shall be subject to the
following regulations:
A. All such items as are described above shall be physically segregated and
closed off from other portions of the store such that these items are not
visible and/or accessible from other portions of the store.
B. No advertising for such items shall be posted or otherwise visible except
where such items are authorized.
C. Signs readable at a distance of 20 feet in both English and Spanish shall
be posted at the entrance to the area where such items are displayed
stating that persons under the age of 18 are not allowed access to the
area where such items are displayed.
D. The manager or attendant shall take reasonable steps to monitor the
area where such items are displayed to ensure that persons under 18
years of age do not access the age-restricted area.
E. Rental or sale of obscene material, as defined by state law, or material
harmful to minors,as defined by state law, to persons under 18 years of
age is prohibited.
F. Employees of such video stores shall check identification to ensure that
such items are not rented or sold to persons under the age of 18.
9.86.090
Conduct of employees and operators
The following standards of conduct shall be adhered to by operators and
employees of any adult live entertainment center.
A. All employees of an adult live entertainment center must adhere to the
following standards of conduct while in any area in which a member of
the public is allowed to be present:
1. An employee may not be unclothed or in such less than opaque and
Agenda Item 8. a. Unified Development Code
Page 319 of 340
complete attire, costume or clothing so as to expose to view any
portion of the female breast below the top of the areola or any
portion of the pubic region, anus, buttocks, vulva or genitals, except
upon a stage at least 18 inches above the immediate floor level and
removed at least eight feet from the nearest member of the public.
2. An employee mingling with a member of the public may not be
unclothed or in less than opaque and complete attire, costume or
clothing as described in subsection (A)(1) of this section, nor may a
male employee appear with his genitals in a discernibly turgid state,
even if completely and opaquely covered or wear or use any device or
covering that simulates the same.
3. An employee mingling with a member of the public may not wear or
use any device or covering exposed to view which simulates the
breast below the top of the areola, vulva, genitals, anus, a portion of
the pubic region or buttocks.
4. An employee may not caress, fondle or erotically touch a member of
the public or another employee. An employee may not encourage or
permit a member of the public to caress, fondle or erotically touch
that employee.
5. An employee may not perform actual or simulated acts of sexual
conduct as defined in this chapter, or an act that constitutes a
violation of Chapter 7.48A RCW, the Washington moral nuisance
statute, Chapter 9.16 YMC, the city’s lewd conduct provision or any
provision regulating offenses against public morals.
6. An employee mingling with a member of the public may not conduct
any dance, performance or exhibition in or about the nonstage area
of the adult live entertainment center unless that dance, performance
or exhibition is performed at a distance of at least four feet from the
member of the public for whom the dance, performance or exhibition
is performed. The distance of four feet is measured from the torso of
the dancer to the torso of the member of the public.
7. A tip or gratuity offered to or accepted by an entertainer may not be
offered or accepted before any performance, dance or exhibition
provided by the entertainer. An entertainer performing upon any
stage area may not accept any form of gratuity offered directly to the
entertainer by a member of the public. A gratuity offered to an
entertainer performing upon any stage area or in any booth or arcade
device must be placed into a receptacle provided for receipt of
gratuities by the management of the adult live entertainment center
or provided through a manager on duty on the premises. A gratuity
or tip offered to an entertainer conducting a performance, dance or
Agenda Item 8. a. Unified Development Code
Page 320 of 340
exhibition in or about the nonstage area of the adult live
entertainment center must be placed into the hand of the entertainer
or into a receptacle provided by the entertainer, and not upon the
person or into the clothing of the entertainer.
8. No entertainer shall be permitted to solicit any pay or gratuity from
any patron and/or solicit the purchase of any food or drink by any
patron.
B. At an adult live entertainment center the following are required:
1. Admission must be restricted to persons of the age of 18 years or
older. An owner, operator, manage or other person in charge of the
adult entertainment business may not knowingly permit or allow any
person under the age of 18 years to be in or upon the premises
whether as an owner, operator, manager, patron, member,
customer, agent, employee, independent contractor, or in any other
capacity. This section is not intended to be used in a prosecution of a
minor on or within an adult entertainment business.
2. Neither the performance, nor any photograph, drawing, sketch or
other pictorial or graphic representation of the performance,
displaying any portion of the breasts below the top of the areola or
any portion of the pubic region, buttocks, genitals, and/or anus may
take place or be located so as to be visible to minors who are or may
be outside of the adult entertainment business.
3. A member of the public may not be permitted at any time to enter
into any of the nonpublic portions of the adult entertainment business
that includes but is not limited to: the dressing rooms of the
entertainers, other rooms provided for the benefit of employees, or
the kitchen or storage areas. However, a person delivering goods and
materials, food and beverages, or performing maintenance or repairs
to the premises or equipment on the premises may be permitted into
nonpublic areas to the extent required to perform the person’s job
duties.
4. Restrooms may not contain video reproduction equipment and/or
adult arcade devices.
5. Doors to areas of the adult entertainment business that are available
for use by persons other than the owner, manager, operator, or their
agents or employees, may not be locked during business hours.
6. No person may operate or maintain any warning system or device, of
any nature or kind, for the purpose of alerting, warning, or aiding and
abetting the warning of any patrons, members, customers, owners,
operators, managers, employees, agents, independent contractors, or
any other persons in the adult entertainment business, that police
Agenda Item 8. a. Unified Development Code
Page 321 of 340
officers or county health, code enforcement, fire, licensing, or
building inspectors are approaching or have entered the premises.
9.86.100
Operation regulations
The following requirements
entertainment center:
shall
be
adhered
to by
any
adult
live
A. There shall be posted and conspicuously displayed in the common
areas of each adult live entertainment center a list of any and all
entertainment provided on the premises for a fee in addition to the
admission fee. Such list shall further indicate the specific fee or
charge in dollar amounts for each entertainment listed.
B. No activity or entertainment occurring within an adult live
entertainment center shall be visible at any time from outside such
hall.
C. At least one security person per 100 patrons shall be on duty inside
the premises at all times during hours of operation. Security persons
shall also patrol the parking area adjacent to the premises at least
once per each hour of operation. All security persons shall wear a
uniform which will make such persons readily recognizable as security
personnel.
D. Admission shall be restricted to persons of the age of 18 years or
over.
E. Sufficient lighting shall be provided in and about the parts of the
premises which are open to patrons and/or members of the public so
that all objects are plainly visible at all times.
G. No operator or employee of an adult live entertainment center shall
serve, sell, distribute or permit the consumption or possession of any
intoxicating liquor or controlled substance upon the premises of such
business, including parking lots under the control of the operator.
H. An operator of an adult live entertainment center shall conspicuously
display the license required by this chapter in an area open to
patrons of such establishment.
I.
No operator of an adult live entertainment center shall employ as an
entertainer any person under the age of 18 years or a person not
licensed pursuant to this chapter.
J.
An operator of an adult live entertainment center shall maintain and
retain for a period of two years: names, addresses and ages of
persons employed as entertainers by licensee.
9.86.110
Responsibilities of managers
Agenda Item 8. a. Unified Development Code
Page 322 of 340
The responsibilities of the manager of an adult live entertainment business
shall include:
A. A licensed manager shall be on duty at an adult entertainment business
at all times adult entertainment is being provided or members of the
public are present on the premises. The full name and license of the
manager shall be prominently posted during business hours. The manage
shall be responsible for verifying that any person who provides adult
entertainment within the premises possesses a current and valid
entertainer’s license;
B. The licensed manager on duty shall not be an entertainer;
C. The manager licensed under this chapter shall maintain visual
observation from a manager’s station of each member of the public and
each entertainer at all times any entertainer is present in the public or
performance areas of the adult entertainment business. Where there is
more than one performance area, or the performance area is of such size
or configuration that one manager is unable to visually observe, at all
times, each entertainer, each employee, and each member of the public,
a manager licensed under this chapter shall be provided for each public
or performance area or portion of a public or performance area visually
separated from other portions of the adult entertainment business. All
adult arcade stations or booths must open to the public room so that the
area and occupant inside the booths are fully and completely visible by
direct line of sight to the manager located at the manager’s station which
shall be located at the main entrance way to the public room containing
the arcade stations or booths. No curtain, door, wall, merchandise,
display rack, or other nontransparent enclosure, material, or application
may obscure in any way the manager’s view of any portion of the activity
or occupant of the adult entertainment business;
D. The manager shall be responsible for and shall ensure that the actions of
members of the public, the adult entertainers, and all other employees
shall comply with all requirements of this chapter.
9.86.120
Premises – Specifications
A. Adult Live Entertainment Center Premises. The performance area of the
adult live entertainment center where adult entertainment is provided
shall be a stage or platform at least 18 inches in elevation above the
level of the patron seating areas, and shall be separated by a distance of
at least eight feet from all areas of the premises to which a member of
the public has access. A continuous railing affixed to the floor and
measuring at least three feet in height and located at least eight feet
from all points of the performance area must be installed on the floor of
the premises to separate the performance area and the public seating
Agenda Item 8. a. Unified Development Code
Page 323 of 340
areas. The stage and the entire interior portion of cubicles, rooms or
stalls wherein the adult live entertainment is provided must be visible
from the common areas of the premises and from at least one manager’s
station. Visibility shall be by direct line of sight and shall not be blocked
or obstructed by doors, curtains, drapes, walls, merchandise, display
racks or other obstructions.
B. Lighting. Sufficient lighting must be provided and equally distributed
throughout the public areas of the adult entertainment business so that
all objects are plainly visible at all times. A minimum lighting level of 30
lux horizontal, measured at 30 inches from the floor and on 10-foot
centers is required for all areas of the adult entertainment business
where members of the public are permitted.
C. Signs. A sign at least two feet by two feet with letters at least one inch
high, which are on a contrasting background, shall be conspicuously
displayed in the public area(s) of the adult entertainment business
stating the following:
This adult entertainment business is regulated by the laws of Yelm City,
Thurston County. Entertainers are:
A. Not permitted to engage in any type of sexual conduct.
B. Not permitted to appear semi-nude or nude, except on stage.
C. Not permitted to accept tips or gratuities in advance of their
performance.
D. Not permitted to accept tips or gratuities directly from patrons while
performing upon any stage area or in any arcade station or booth.
9.86.130
Violation deemed a public nuisance
Any activity, act or conduct contrary to the provisions of this chapter is
declared to be unlawful and a public nuisance and such activity, act or
conduct may be enjoined by an action brought by the city attorney or other
interested person.
9.86.140
Violation deemed a misdemeanor
Any person, firm or corporation violating any provision of this chapter shall
be guilty of a misdemeanor and each such person, firm or corporation shall
be deemed guilty of a separate offense for each and every day during which
any violation is committed, continued or permitted. No person shall be
deemed guilty of any violation of this chapter if acting in an investigative
capacity pursuant to the request or order of the police chief, city attorney or
duly appointed agent of either.
Agenda Item 8. a. Unified Development Code
Page 324 of 340
ORDINANCE NO. 995
EXHIBIT D
Chapter 5.52 Yelm Municipal Code
Adult Entertainment Business Licensing
Agenda Item 8. a. Unified Development Code
Page 325 of 340
Agenda Item 8. a. Unified Development Code
Page 326 of 340
CHAPTER 5.52
ADULT ENTERTAINMENT BUSINESS LICENSING
Table of Contents
CHAPTER 5.52................................................................................................................................................................1
ADULT ENTERTAINMENT BUSINESS LICENSING ...........................................................................................................1
CHAPTER 5.52 – ADULT ENTERTAINMENT BUSINESS LICENSING ................................................................................2
5.52.010
5.52.020
5.52.030
5.52.040
5.52.050
5.52.060
5.52.070
5.52.080
EXEMPTIONS TO CHAPTER APPLICABILITY. ........................................................................................................ 2
EXEMPTION FROM PROVISIONS. ..................................................................................................................... 2
DEFINITIONS. ............................................................................................................................................. 2
LICENSING OF ADULT ENTERTAINMENT BUSINESS ............................................................................................... 4
LICENSING OF MANAGERS, ENTERTAINERS, AND EMPLOYEES ................................................................................ 7
REVOCATION OF LICENSES............................................................................................................................. 9
VIOLATION – NUISANCE. ............................................................................................................................ 10
VIOLATION – PENALTY. .............................................................................................................................. 10
Agenda Item 8. a. Unified Development Code
Page 327 of 340
CHAPTER 5.52 – ADULT ENTERTAINMENT BUSINESS LICENSING
5.52.010
Exemptions to chapter applicability.
The provisions of this section shall not apply to massages performed or
baths provided in any hospital or at the athletic department of any public or
private secondary school or college, or by any person who has been certified
or licensed by the state of Washington to practice medicine, surgery,
drugless therapy, physical therapy, massage, osteopathy, osteopathy and
surgery, chiropractic, podiatry, or nursing.
5.52.020
Exemption from provisions.
A. This chapter does not apply to premises which are primarily devoted to
theatrical performances where there are seats arranged so that the body
of spectators has an unobstructed view of the stage for viewing
performances of artistic expression and where such performances are not
incidental to the promotion of the sale of food and/or drink, and where
patrons are not permitted to touch, caress or fondle the actors or
entertainers performing therein.
B. This chapter does not prohibit:
1. Plays, operas, musicals, or other dramatic works that are not obscene;
or
2. Classes, seminars and lectures which are held for serious scientific or
educational purposes and which are not obscene; or
3. Exhibitions, performances, expressions or dances that are not
obscene.
4. The exemptions in this section do not apply to sexual conduct defined
in YMC 5.52.030, or the sexual conduct described in Sections
7.48A.010(2)(b)(ii) and (iii) RCW. Whether or not activity is obscene
shall be judged by consideration of the standards set forth in Section
7.48A.010(2) RCW.
5.52.030
Definitions.
Wherever the following words and terms appear in this chapter, they shall
have the following meanings:
“Adult entertainment business” includes; adult entertainment parlor, adult
live entertainment center, adult arcade, adult bookstore, adult novelty store,
and/or adult video store.
“Adult entertainment parlor” means a place in the incorporated area of the
city where sexually stimulating touching is performed upon the body of
one person by another person; nude modeling studios or where sauna
baths, Turkish baths, Swedish baths where sexually stimulating touching
Agenda Item 8. a. Unified Development Code
Page 328 of 340
is performed upon the body of one person by another person or the like
are made available to members of the public.
“Adult live entertainment center” means a business having, as parts of its
trade, live dancers or entertainers who depict specific sexual activities or
display specific anatomical areas as defined herein, included, but not
limited to, topless dance centers, so-called exotic dance centers and
body painting studios.
“Adult arcade” shall mean a business where, for any form of consideration,
one or more still or motion picture projectors, slide projectors, or similar
machines, or other image producing machines, for viewing by five or
fewer persons each, are used to show films, motion pictures, video
cassettes, slides, video disks or other photographic reproductions which
are characterized by the depiction or description of “specific sexual
activities” or “specific anatomical areas.”
“Adult bookstore,” “adult novelty store,” or “adult video store” shall mean a
commercial business which has as one of its principal business purposes
the offering for sale or rental for some form of consideration, books,
magazines, periodicals or other printed matter, or photographs, films,
motion pictures, video cassettes, slides, video disks or other visual
representations which are characterized by the depiction or description of
specific sexual activities or specific anatomical areas. Provided, however,
that video stores that sell and/or rent only video tapes or other graphic
reproductions and associated equipment shall only come within the
definition set forth herein if 20 percent or more of its stock in trade or
revenue comes from the rental or sale of video tapes or other
photographic reproductions or associated equipment which are
characterized by the depiction or description of specific sexual activities
or specific anatomical areas.
“Adult entertainment parlor employee” means any person employed by an
adult entertainment parlor; including any person who performs sexually
stimulating actions in any way upon, patrons of an adult entertainment
parlor, or who supervises the work of such a person.
“Employee” and/or “independent contractor” means any and all persons,
including entertainers, who work in or at or render any services directly
related to the operation of any adult live entertainment center.
“Entertainer” means any person who provides entertainment within an adult
live entertainment center as defined in this section whether or not a fee
is charged or accepted for such entertainment.
“Entertainment” means any exhibition or dance of any type, removal of
articles of clothing, pantomime, modeling or any other sexually
stimulating performance.
Agenda Item 8. a. Unified Development Code
Page 329 of 340
“Operator” means any person operating, conducting or maintaining an adult
live entertainment center.
“Specific anatomical areas” means:
1. Less than completely and opaquely covered human genitals, pubic
region, buttocks and the female breasts below a point immediately
above the top of the areola.
2. Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
“Specific sexual activities” means:
1. Human genitals in a state of sexual stimulation; and/or
2. Acts of human masturbation, sexual intercourse or sodomy; and/or
3. Fondling or other erotic touching of human genitals, pubic region,
buttocks or the female breasts.
5.52.040
Licensing of adult entertainment business
A. No person, firm, partnership, corporation, or other entity shall operate an
adult entertainment business without first obtaining a license issued
pursuant to Chapter 5.52 YMC.
B. Prior to the issuance of a license, the applicant must be qualified
according to the provisions of all applicable city ordinances, the laws of
the United States and of the state of Washington. The premises must
meet the requirements of all applicable laws, ordinances, and regulations
including but not limited to the International Building Code, and the Yelm
Unified Development Code. All premises and devices must be inspected
prior to issuance of a license.
C. An application for an adult entertainment business license must be
submitted to the city clerk/treasurer in the name of the person or entity
proposing to conduct the adult entertainment business on the premises
and must be signed by the person and certified as true under penalty of
perjury. An application must be submitted on a form supplied by the city
clerk/treasurer, which must require the following information:
1. For the applicant and for each applicant control person, provide:
name(s), date(s) of birth, any aliases or previous names, drivers
license number(s), social security number(s), and mailing and
residential address(es);
2. The business name, business address, federal tax identification
number, state of Washington master business license number and
business telephone number of the business or proposed business,
together with a description of the nature of the business;
Agenda Item 8. a. Unified Development Code
Page 330 of 340
3. Whether the business or proposed business is the undertaking of a
sole proprietorship, partnership or corporation. If a sole
proprietorship, the application shall set forth the name, address,
telephone number and principal occupation of the sole proprietor. If a
partnership, the application shall set forth the names, addresses,
telephone numbers, principal occupation and respective ownership
shares of each partner, whether general, limited or silent. If a
corporation, the application shall set forth the corporate name; a
copy of the articles of incorporation, including date and place of
incorporation; and the names, addresses, telephone numbers and
principal occupations of every officer and director of the corporation,
and every shareholder having more than five percent of the
outstanding shares of the corporation; and evidence that the
partnership or corporation is in good standing under the laws of
Washington; and the name and address of the registered agent for
service of process;
4. For the applicant and all applicant control persons, a description of
business, occupation or employment history for the three years
immediately preceding the date of the application;
5. For the applicant and all applicant control persons, all criminal
convictions or forfeitures within five years immediately preceding the
date of the application, other than parking offenses or minor traffic
infractions, including the dates of conviction, nature of the crime,
name and location of court and disposition;
6. Whether the applicant or a partner, corporate officer, or director of
the applicant holds another license under this chapter or a license for
similar adult entertainment or sexually oriented business, including a
motion picture theater, or a panorama, from another city, county or
state, and if so, the name and address of each other licensed
business;
7. A summary of the business history of the applicant and applicant
control persons in owning or operating the adult entertainment or
other sexually oriented business providing names, addresses and
dates of operation for such businesses, and whether any business
license or adult entertainment license has been revoked or suspended
and the reason for the revocation or suspension;
8. Authorization for the city of Yelm, and its agents and employees, to
seek information to confirm any statements set forth in the
application;
9. The location and doing-business-as name of the proposed adult
entertainment business, including a legal description of the property,
Agenda Item 8. a. Unified Development Code
Page 331 of 340
street address, and telephone number, together with the name and
address of each owner and lessee of the property;
10. Two two-inch by two-inch photographs of the applicant and applicant
control persons, taken within six months of the date of application
showing only the full face;
11. A complete set of fingerprints for the applicant or each applicant
control person, taken by the law enforcement agency for the
jurisdiction, or such other entity as authorized by the law
enforcement agency;
12. Each applicant shall verify, under penalty of perjury that the
information contained in the application is true;
13. A scale drawing or diagram showing the configuration of the premises
for the proposed adult entertainment business, including a statement
of the total floor space occupied by the business, and marked
dimensions of the interior of the premises. Performance areas,
seating areas, manager’s office and stations, restrooms, arcade
booths or devices, overhead lighting fixtures, and service areas shall
be clearly marked on the drawing. An application for a license for an
adult entertainment business must include building plans which
demonstrate conformance with city adopted building code
requirements.
D. Applications shall be accompanied by a nonrefundable fee as set by
resolution of the city council; however, until such fee is set by such a
resolution, the fee shall be $500.00.
E. Within five days of receipt of a properly completed application for an
adult entertainment business license, the city clerk/treasurer shall
transmit copies of such application to the police department and
community development department.
F. Within 30 days of receipt of a properly completed application for an adult
entertainment business license, the city clerk/treasurer shall issue the
license unless advised by the community development department that
the use or proposed use of the premises, does not have the applicable
land use approval as per the city’s zoning code or other applicable land
use laws and regulations; or the city clerk/treasurer is advised by the
building department that the buildings upon the subject premises fail to
meet the requirements of the building, fire, mechanical or plumbing
codes applicable to the proposed use; or the city clerk/treasurer is
informed by the police department that the owner, partner, or
stockholder holding more than five percent of the outstanding shares of
the owning corporation has been convicted of or forfeited bail for any
crime which may reasonably indicate a likelihood of future violation of
Agenda Item 8. a. Unified Development Code
Page 332 of 340
the terms of this chapter by such owner, partner, or stockholder.
Issuance of the license required in this chapter shall not constitute a
waiver of or exemption from the application of any land use, building,
health or safety laws pertinent to the proposed use.
G. An adult entertainment business license shall expire on December 31st of
the year for which it is issued or renewed.
H. An adult entertainment business license may be renewed by submitting a
new application and following the application procedure set forth herein
above; provided, that a renewal application shall not be submitted prior
to September for the following calendar year.
I.
If, subsequent to the issuance of an adult entertainment business
license, a person or entity acquires a significant interest based on
responsibility for management or operation of the business, notice of
such acquisition shall be provided in writing to the licensing
administrator, no later than 21 calendar days following the acquisition.
The notice required must include the information required for the original
adult entertainment business license application.
J.
The adult entertainment business license, if granted, must state on its
face the name of the person or persons to whom it is issued, the
expiration date, the doing-business-as name and the address of the
licensed adult entertainment business. The license must be posted in a
conspicuous place at or near the entrance to the adult entertainment
business so that it can be easily read when the business is open.
K. A person granted an adult entertainment business license under this
chapter may not operate the adult entertainment business under a name
not specified on the license, nor may a person operate an adult
entertainment business, or an adult entertainment device under a
designation or at a location not specified on the license.
5.52.050
Licensing of managers, entertainers, and employees
A. A person may not work as a manager, assistant manager, or entertainer
at an adult entertainment business without a manager’s or an
entertainer’s license from the city clerk/treasurer. An applicant for a
manager’s or entertainer’s license must complete an application on forms
provided by the city clerk/treasurer containing the information identified
in this subsection. A nonrefundable license fee must accompany the
application. The city clerk/treasurer shall provide a copy of the
application to the police department for its review, investigation and
recommendation. An application for a manager’s or entertainer’s license
must be signed by the applicant and certified to be true under penalty of
perjury. The manager’s or entertainer’s license application must require
the following information:
Agenda Item 8. a. Unified Development Code
Page 333 of 340
1. The applicant’s name, home address, home telephone number, date
and place of birth, fingerprints taken by the police department (or
such other entity as authorized by the police department or licensing
administrator), social security number, and any stage names or
nicknames used in entertaining;
2. The name and address of each business at which the applicant
intends to work;
3. A complete statement of all convictions of the applicant for any
misdemeanor or felony violations in the jurisdiction or any other city,
county, or state within five years immediately preceding the date of
the application, except parking violations or minor traffic infractions;
4. Documentation that the applicant has attained the age of 18 years.
Any two of the following are acceptable as documentation of age:
a. A motor vehicle operators license issued by any state bearing the
applicants photograph and date of birth;
b. A state issued identification
photograph and date of birth;
card
bearing
the
applicant’s
c. An official passport issued by the United States of America;
d. An immigration card issued by the United States of America; or
e. Any other identification that the licensing
determines to be acceptable and reliable;
administrator
5. A description of the applicant’s principal activities or services to be
rendered;
6. Two two-inch by two-inch color photographs of applicant, taken
within six months of the date of application showing only the full
face;
7. Authorization for the city, its agents and employees to investigate
and confirm any statements in the application.
B. Applications shall be accompanied by a nonrefundable fee as set by
resolution of the city council; however, until such fee is set by resolution,
the fee shall be $100.00.
C. The city clerk/treasurer shall transmit the application for an entertainer’s
license to the police department within five days after its receipt.
D. The city clerk/treasurer shall issue an adult entertainment business
manager’s or entertainer’s license within 20 calendar days from the date
the complete application and fee are received, unless the city
clerk/treasurer is informed by the police department that the applicant
has been convicted or forfeited bail to a crime or crimes which would
Agenda Item 8. a. Unified Development Code
Page 334 of 340
indicate a reasonable likelihood that the applicant would violate the
terms of this chapter if so licensed; or the city clerk/treasurer determines
that the applicant has failed to provide any information required to be
supplied according to this chapter, had made any false, misleading or
fraudulent statement of material fact in the application, or had failed to
meet any of the requirements for issuance of a license under this
chapter. If the city clerk/treasurer determines that the applicant does not
qualify for the license applied for, the city clerk/treasurer shall deny the
application in writing and shall cite the specific reasons therefore,
including applicable laws.
E. The manager, entertainer and employee license shall
December 31st of each year in which it is issued or renewed.
expire
on
F. The manager, entertainer and employee license may be renewed by
submitting a new application and following the application procedure set
forth herein above; provided, that a renewal application shall not be
submitted prior to September for the following calendar year.
G. Every entertainer and employee shall provide his or her license to the
adult entertainment business manager on duty on the premises prior to
his or her performance. The manager shall retain the licenses of the
entertainers readily available for inspection by the city, its agents, and
employees, at any time during business hours of the adult entertainment
business.
H. The city clerk/treasurer may request additional information or
clarification when necessary to determine compliance with this chapter.
I.
The contents of an application for an entertainer’s license and any
additional information submitted by an applicant for an entertainer’s
license are confidential and will remain confidential to the extent
authorized by Chapter 42.17 RCW. Nothing in this subsection prohibits
the exchange of information among government agencies for law
enforcement or licensing or regulatory purposes.
5.52.060
Revocation of licenses.
A. The city clerk/treasurer shall revoke an adult live entertainment center
license or an entertainer’s license issued pursuant to this chapter if the
city clerk/treasurer finds any of the following conditions to exist:
1. The licensee has made a false statement or given false information in
connection with the application for the applicable license.
2. The licensee has violated or permitted violation of any provisions of
Chapters 5.52, 9.86, or Title 18 YMC.
3. The licensee has been convicted or forfeited bail to any of the crimes
which would have caused the director to refuse to issue the license
Agenda Item 8. a. Unified Development Code
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upon the initial or renewal application.
B. Appeal from either the denial of a license or the revocation of a license
shall be made to the city council provided for in Chapter 18.14 YMC
5.52.070
Violation – Nuisance.
Any activity, act or conduct contrary to the provisions of this chapter is
declared to be unlawful and a public nuisance and such activity, act or
conduct may be enjoined by an action brought by the city attorney or other
interested person.
5.52.080
Violation – Penalty.
Any person, firm or corporation violating any provision of this chapter shall
be guilty of a misdemeanor and each such person, firm or corporation shall
be deemed guilty of a separate offense for each and every day during which
any violation is committed, continued or permitted. No person shall be
deemed guilty of any violation of this chapter if acting in an investigative
capacity pursuant to the request or order of the police chief, city attorney or
duly appointed agent of either.
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Agenda Item 8. a. Unified Development Code
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Agenda Item 8. b. Planning Commission Appointments
Page 1 of 1
City of Yelm
Staff Report
To:
Yelm City Council
From:
Grant Beck, Community Development Director
Date:
January 23, 2015 (For January 27, 2015 Council Meeting)
Subj:
Confirmation of Planning Commission Appointments
Recommendation
Confirm Mayor Harding’s re-appointment of John Thomson and Anne Wahrmund and
the appointment of Jerry Fugich to fill a expired positions and Wayne Potter to fill a
vacated position on the City of Yelm Planning Commission.
Background
At the end of October 2014, the term of one Planning Commissioner was vacated and
at the end of December 2014, the terms of three Planning Commission positions
expired.
Pursuant to the Yelm City Council’s Protocol Manual, the Community Development
Department advertised the vacancies by an official announcement in the Nisqually
Valley News, and by posting the announcement at public places in City Hall and the
Library. The announcement was also sent to the incumbents, all board and commission
chairpersons and all persons who have expressed an interested in the past to serve, but
who were not previously selected.
The Department received seven applications. Two applications were from current
Planning Commission members John Thomson and Anne Wahrmund. Both current
members have been valuable members of the Commission. The five additional
applications were from Wayne Potter, Jerry Fugich, Charles Vela, Preston Collins and
Dale Shirley.
All applications are available for the Council’s review if desired. Contact Karen Bennett,
in the Community Development Department to review the applications.
Current Situation
The City Council should confirm Mayor Harding’s re-reappointment of John Thomson
and Anne Wahrmund and the appointment of Wayne Potter and Jerry Fugich to the
Yelm Planning Commission.
Agenda Item 8. c. Historic Preservation Commission Appointments
Page 1 of 1
City of Yelm
Staff Report
To:
Yelm City Council
From:
Grant Beck, Community Development Director
Date:
January 23, 2015 (for January 27, 2015 Council Meeting)
Subj:
Confirmation of Historic Preservation Commission Appointment
Recommendation
Confirm Mayor Harding’s re-appointment of Edward Blake and Claire Doyle to fill two
expired positions on the Historic Preservation Commission.
Background
At the end of December 2014, the Historic Preservation Commission had two expired
position.
Pursuant to the Yelm City Council’s Protocol Manual, the Community Development
Department advertised the vacancy and term expirations by an official announcement in
the Nisqually Valley News, and by posting the announcement at public places in City
Hall and the Library. The announcement was also sent to all board and commission
chairpersons and all persons who have expressed an interest in the past to serve, but
who were not previously selected. The members whose terms expired were invited to
reapply.
The Department received two applications to fill the expired positions.
Current Situation
The City Council should confirm Mayor Harding’s re-appointment of Edward Blake and
Claire Doyle to this Historic Preservation Commission.
Agenda Item 8. d. SSMCP MOA
Page 1 of 10
City of Yelm
STAFF REPORT
To:
Mayor Ron Harding
Yelm City Council
From:
Shelly Badger, City Administrator
Date:
January 20, 2015 (for January 27th City Council meeting)
Attach:
Updated South Sound Military & Communities Partnership (SSMCP)
Memorandum of Agreement (MOA)
Recommendation
Approve the updated Memorandum of Agreement for the South Sound Military &
Communities Partnership at the Steering Committee funding level in the annual amount
of $6,500.
Background
In 2011, the South Sound Military & Communities Partnership was created via a
Memorandum of Agreement (MOA) with the City of Lakewood serving as the convener,
providing staff support to the Partnership. The Partnership is comprised of Joint-Base
Lewis-McChord (JBLM), Camp Murray, federal and state agencies, cities, counties,
school districts and higher education institutions, associations, corporations, and notfor-project agencies. It provides the community with a single point of contact to
communicate military-related activities that could affect the region as a whole.
Additionally, the Partnership provides actionable recommendations to regional leaders
on initiatives, programs, and topics that strengthen the role that Joint Base LewisMcChord (JBLM), the National Guard, and Reserves play in America's defense strategy
and the economic health and vitality of the region and the State of Washington.
On December 10, 2013, the Yelm City Council approved an MOA joining the SSMCP
effective January 1, 2014 at the Steering Committee level ($6,500 per year).
Current Situation
The MOA has been modified slightly, and is recommended for approval by the Steering
Committee and requires approval by the Council. Changes from the 2014 MOA include:
•
Section II. Purpose: Addition of item (e). Coordinates state and federal
legislative educational and advocacy efforts by members and SSMCP staff
Agenda Item 8. d. SSMCP MOA
Page 2 of 10
•
•
•
•
•
related to the promotion of common interests as approved by the Steering
Committee.
Addition of reference to Camp Murray throughout the MOA.
Section III. Objectives (4) and throughout MOA. Addition of reference to recently
identified SSMCP priorities and a summary thereof.
Section IV. Responsibilities (5). New item requiring one or more memberexclusive events annually during which data concerning progress and information
about JBLM, Camp Murray, and SSMCP priorities would be shared.
Exhibit A: Membership and Annual Financial Commitment.
o The City of University Place has been added as they joined mid-year
2014.
o The Tacoma-Pierce County Department of Health was added as an
approved member to donate in-kind efforts to cover all but $500 of its
Working Group costs.
o Addition of language prorating annual fees (on a monthly basis) during the
first year for members who join after January 1.
Minor housekeeping edits.
Yelm’s funding contribution remains the same at the Steering Committee level, with an
annual funding amount of $6,500 which has been included in the 2015 Budget.
Staff recommends that Council approve the updated MOA for the South Sound Military
& Communities Partnership.
Agenda Item 8. d. SSMCP MOA
Page 3 of 10
MEMORANDUM OF AGREEMENT
This agreement is made between the undersigned parties and hereto it is agreed as follows:
I. Establishment:
This Memorandum of Agreement (MOA) establishes the structure, roles and responsibilities of the
South Sound Military & Communities Partnership (SSMCP, or the Partnership). This MOA supersedes
previous SSMCP MOAs.
II. Purpose:
The Partnership provides a framework for collaboration in the south Puget Sound region between
local governments, military installations, State agencies, and Federal agencies to better coordinate
efforts in areas such as: military relations; transportation and land use planning; environmental
protection; emergency preparedness; data coordination; funding requests (e.g., grant applications);
health care coordination; population forecasting; workforce development; education; housing;
community development; economic development; and other issues that may arise. The Partnership
provides actionable recommendations to regional leaders on initiatives, programs, and topics that
strengthen the role that Joint Base Lewis-McChord (JBLM), the National Guard, and Reserves play in
America's defense strategy and the economic health and vitality of the region and the State of
Washington. The Partnership:
a. Focuses on the intersection of issues between local governments and the military community,
engaging the support of the business, healthcare, education, workforce development, and
social services communities;
b. Assists in the coordination of governmental efforts so that all citizens of the community can
receive the full benefits of the economic, civil, commercial, cultural, and educational
opportunities presented to them, and so that the impact of the military community will be
fairly shared;
c. Promotes the general welfare of the region;
d. Acts on behalf of the members as the regional organization recognized by the Federal
government for applying for community assistance and grants related to mission changes
and/or growth at JBLM and Camp Murray;
e. Coordinates state and federal legislative educational and advocacy efforts by members and
SSMCP staff related to the promotion of common interests as approved by the Steering
Committee; and
f. Acts as the regional representative of the member governments to coordinate with JBLM and
Camp Murray regarding the ability of each installation to accomplish its current and future
projected mission.
III. Objectives:
1. Work collaboratively to create, expand, and improve opportunities to collect and disseminate
information and best practices that address the challenges of the local communities, residents,
121914 SSMCP MOA per Steering Committee.doc
Page 1 of 8
Agenda Item 8. d. SSMCP MOA
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2.
3.
4.
5.
6.
businesses, and military installations in our region to succeed in meeting their own needs without
preventing the others from meeting their needs, both now and in the future. Specifically:
a. Coordinate and provide recommendations to the region’s leaders to remedy and protect JBLM
and Camp Murray from encroachment or other initiatives that could result in degradation of
or restriction to military operations on or based out of JBLM and Camp Murray.
b. Notify the local military installations of development proposals or other projects in the
surrounding communities that may impact military operations.
Coordinate with commanders, communities, and State and Federal agencies on affairs that affect
the installation and may require State coordination and assistance.
Serve as a “single point of contact” to ensure that communities, the military, Washington State’s
congressional delegation, and other Federal agencies, as appropriate, are fully aware of activities
likely to result in impacts or benefits to the region.
Support efforts by agencies and service providers in the region to implement the
recommendations and strategies of the 2010 JBLM Growth Coordination Plan (GCP) and more
recently identified SSMCP priorities, which include:
a. A sound infrastructure system, adequate housing and education, and transition support into
Pierce and Thurston county workforces for military members and their families, military
retirees, and veterans;
b. Support for economic development organizations and initiatives that focus on leveraging the
military and related business opportunities to help create jobs and expand defense and
homeland security related economic development activity in the South Sound.
Adopt processes, similar to those already in place for artillery firing notices, to ensure that the
military installations provide timely advance notification of operations which are likely to impact
other partner members, and that other partner members provide the same courtesy to the
military installations.
Discuss and potentially act upon other issues or matters that the SSMCP deems essential to
fulfilling its purpose.
IV. Responsibilities:
1. Maintain a vision, organizational structure, brand, and a Work Plan for the Partnership consistent
with the recommendations and strategies identified in the GCP and subsequent documents as
well as other SSMCP priorities.
2. Form Working Groups (WGs) that support the Partnership and the implementation of the
recommendations in the GCP. Consider stakeholders involved in the ten Expert Panels of the GCP
effort for these working groups, but also be open to new stakeholders.
3. Develop and commit to a schedule of regular meetings for the Partnership and the WGs.
4. Hold an annual public forum that includes speakers from JBLM, regional stakeholders, and/or any
other relevant organizations to share news; report on major changes at JBLM, Camp Murray, and
in local jurisdictions; discuss progress on GCP strategies, SSMCP priorities and other plans;
network among current and seek new SSMCP members; recognize outstanding service; and
celebrate new partnerships and programs.
5. Hold one or more member-exclusive events (in person, via social media, etc.) annually during
which data concerning progress and information about JBLM, Camp Murray, and SSMCP priorities
would be shared (including, for instance, actual and projected military-connected (active duty,
civilian employee, and military family( population and employment changes, construction
projects, funding changes, mobilization and deployment, etc.)
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Agenda Item 8. d. SSMCP MOA
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6. Formalize a method for data sharing between JBLM and Camp Murray and the surrounding
communities which would include the most recent military related population changes, including
incoming personnel, deployments, Department of Defense (DoD) civilian operations, and
construction projects.
7. Develop periodic memoranda, schedules or press releases to share with members regarding
expansion/contraction of JBLM personnel, mobilization, and deployment.
8. Support information-sharing and appropriate advocacy with state and federal legislative bodies.
9. Accept an active role to ensure that GCP-related recommendations and other SSMCP priorities
are funded and sustained through the foreseeable future.
V. Membership:
To ensure efforts of the Partnership are planned, coordinated, and implemented with a focus on
outcomes, the structure of the SSMCP is as follows:
1. General Members.
Role: The primary role of the general membership is to provide expertise, perspective and
guidance to the Steering Committee on specific topics that promote the objectives of the SSMCP.
Members will gather at least annually (more often, if necessary) to share best practices and
receive information on changes at JBLM and Camp Murray, and in adjacent communities. They
will also be encouraged to share their insights on existing conditions and growth trends; assist in
the development of the GCP and other SSMCP priority implementation; and to review any
studies, products, and other information developed by staff. Working Groups (WGs) will be
established based on the strategies outlined in the GCP and on other topics of interest within the
SSMCP membership. Each WG will select a spokesperson/chair that will serve on the Steering
Committee to represent their strategy area/topic of interest. WG chairs will be expected to
report on GCP strategy and SSMCP priority progress, and may also take new initiatives to the
Steering Committee for consideration as part of the Partnership’s annual work plan. The WGs
already established include Transportation & Infrastructure (TI), Business & Development (BD),
Social Services (SS), and Healthcare (HC).
Participants: The Partnership is open to any person, association, group, or organization having an
interest in the purpose and objectives of the SSMCP, and such will be considered a member upon
payment of the annual dues established by the Steering Committee. The Partnership is intended
to be as inclusive as necessary to address the numerous topical areas covered in the GCP and
other SSMCP priorities.
Benefits:
a. Participate on one or more Working Groups of the member’s choice;
b. Participate in member-exclusive events and information sharing opportunities.
2. Executive Leadership Team.
Role: The Executive Leadership Team (ELT) is operational in nature, overseeing the day-to-day
work of Partnership staff, activities and budget and serving as a sounding board for staff on
emerging issues, problems, and initiatives that may occur during the interval between meetings
of the full Steering Committee. The ELT is structured to promote timely and manageable
communication and coordination between leadership and staff.
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Agenda Item 8. d. SSMCP MOA
Page 6 of 10
Participants: The Executive Leadership Team (ELT) is open to any person, association, group, or
organization having an interest in the purpose and objectives of the SSMCP, and such will be
considered a member upon payment of the annual dues established by the Steering Committee.
3. Steering Committee.
Role: The Steering Committee (SC) is the foundation of the Partnership and the members are
committed to remaining actively involved in the Partnership moving forward. The SC provides
broad oversight to the implementation of the recommendations, strategies and action items
outlined in the GCP and subsequent documents and identified as other SSMCP priorities. The SC
coordinates the work of assigned staff with members of the Partnership, helps develop an annual
work plan to implement GCP strategies and other SSMCP priorities, approves the annual work
plan, authorizes the annual budget, and is committed to ensuring that the SSMCP remains
sustainable and has high value for the region. Finally, the SC is responsible for authorizing the
creation of Working Groups (WGs) that reflect the needs, opportunities and intersection of
military and community issues. Regular members will typically represent the local military
installations, local and state governments, and affected service districts in the region. The SC shall
meet as necessary, but not less than quarterly, in order to coordinate the activities of assigned
staff and clarify issues, formulate strategies, and propose action plans.
Participants: The Steering Committee (SC) is open to any person, association, group, or
organization having an interest in the purpose and objectives of the SSMCP, and such will be
considered a member upon payment of the annual dues established by the Steering Committee.
4. Elected Officials Council.
Role: The current Elected Officials Council (EOC) role and structure will be maintained to continue
advocating for military issues of mutual concern in the south Puget Sound region.
Participants: All elected leaders within Pierce and Thurston Counties, the surrounding cities and
legislative districts are invited to attend EOC meetings, but a single representative from each
governmental body is requested to represent their interests on the EOC. The EOC is convened by
the Mayor of Lakewood, the Pierce County Executive, and the Chair of the Thurston County
Commissioners 2-3 times annually to receive updates on military and community issues, review
the annual work plan, coordinate legislative strategies, and suggest outreach efforts to maintain a
high level of visibility for these priorities. EOC meetings will conform to the Open Public Meetings
Act of the State of Washington, 42.30 RCW.
VI. Funding:
There is a financial commitment required to participate in the Partnership. To ensure smooth and
continuous operations over time, it is desirable to structure for maximum financial stability. To that
end, the dues for Executive Leadership team (ELT) and Steering Committee (SC) members are set
based on the funds needed for pay, benefits, and program overhead for two full-time SSMCP staff
members to focus on the work plan priorities established by the SC. Costs are also expected to
include operations and administration, consultant efforts, and the commissioning of special studies as
well as other activities as approved by the Steering Committee. Each year, in conjunction with
preparation of the Annual Work Plan and Budget, dues will be calculated based on a methodology
121914 SSMCP MOA per Steering Committee.doc
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Agenda Item 8. d. SSMCP MOA
Page 7 of 10
agreed to by a majority of the combined ELT and SC members. This commitment is outlined in
Appendix A of this Agreement.
VII. Formation of Subcommittees:
The Partnership may be supported by technical experts, advisors, and community staff and leadership
in various agency, jurisdictional, non-profit, and institutional capacities. Subcommittees will be
formed by action of the SC as necessary to carry out the specific recommendations and strategies of
the GCP or other SSMCP priorities.
VIII. Review/Changes:
The signatories (or their successors) will review this MOA periodically, but no less than annually.
Proposed changes to this MOA will be in writing and shall be subject to approval in any event by the
signatories or their successors.
IX. Effective Date and Termination:
This Agreement is effective when signed and shall remain in effect until terminated by a majority of
the Steering Committee members in good standing. Any member partner may terminate its
membership in the Partnership by providing no less than 30 days written notice to the Partnership of
the desired termination date.
X. Indemnification:
Each Party shall defend, indemnify and hold each other harmless from any and all claims, demands,
suits, actions, judgments, recoveries, liabilities, penalties, costs and expenses, including, but not
limited to reasonable attorneys’ fees, resulting from damage or bodily injury, including death, to the
extent caused by a Party’s breach of this Agreement or the negligent actions or omissions of that
Party, or its employees, agents, or officers, elected or appointed. The foregoing indemnity specially
covers actions brought by the Party’s own employees, and each Party agrees that the foregoing
indemnity is specifically and expressly intended to constitute a waiver of immunity under
Washington’s Industrial Insurance Act, RCW Title 51, but only as to the Party entitled to indemnity
and only to the extent necessary to provide a full and complete indemnity as required under this
Section. The indemnification obligation provided in this section shall survive the expiration or earlier
termination of this Agreement for the duration of any applicable statute of limitations.
XI. Effect of Agreement:
This MOA is an internal agreement and does not confer any rights upon any individual or other entity.
This MOA sets forth mutual goals and approaches. This MOA is not intended to create any rights,
benefits, or other responsibilities, either substantive or procedural, nor is it enforceable as law or
equity by a party against the U.S., its agencies, its officers, or any other person.
Nothing in this MOA shall obligate members to expend other monies or enter into any contract or
other obligation. Nothing in the MOA shall be interpreted as limiting, superseding, or otherwise
affecting the Parties’ normal operations or decisions in carrying out their statutory or regulatory
duties. This MOA does not limit or restrict members from participating in similar activities or
arrangements with other agencies.
121914 SSMCP MOA per Steering Committee.doc
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Agenda Item 8. d. SSMCP MOA
Page 8 of 10
Signed, dated and acknowledged:
Pierce County
City of DuPont
City of Lacey
City of Lakewood
Town of Steilacoom
City of Tacoma
City of University Place
Thurston Regional Planning Council
Thurston County
City of Yelm
Nisqually Indian Tribe
Washington Military Department, Camp Murray
Washington State Department of Transportation
Tacoma-Pierce County Chamber of Commerce
United Way Pierce County
Joint Base Headquarters, Joint Base Lewis-McChord
Tacoma Pierce Co. Department of Health
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Agenda Item 8. d. SSMCP MOA
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EXHIBIT A
Membership and Annual Financial Commitment
The Executive Leadership Team (ELT) will be comprised of the following members:
1. City of Lacey
2. City of Lakewood
3. Pierce County
4. Joint Base Lewis-McChord Headquarters (advisory only)
The chief appointed official from each of the local governments will represent their jurisdiction on the
ELT. JBLM will be represented by the Joint Base Commander (JBC) and/or his Chief of Staff. ELT
members will also be members of the Steering Committee, and on an annual rotating basis (or other
arrangement) each member of the ELT will serve as chair of the Steering Committee at the regular
monthly meeting.
The Steering Committee (SC) will be comprised of regular members and Working Group (WG) Chairs.
Regular members will consist of government representatives from the following:
1. City of DuPont
2. City of Tacoma
3. City of University Place
4. City of Yelm
5. Nisqually Tribe
6. Joint Base Lewis-McChord Headquarters
7. Thurston County
8. Thurston Regional Planning Council
9. Town of Steilacoom
10. Washington Military Department (Camp Murray)
The chief appointed official from each of the local governments will represent their jurisdiction on the
SC.
Working Groups (WG) consist of the numerous public and private sector interests in our region that
interact with JBLM and Camp Murray. WG Chairs will be the chief appointed officials or their
designees from the following:
1. Tacoma-Pierce County Chamber (as Chair of the Business and Development WG)
2. United Way of Pierce County (as Chair of the Health and Social Services WG)
3. Washington State Department of Transportation (as Chair of the Transportation WG).
4. If needed, other WGs will be formed at the request of the SC, and Chairs will be appointed
accordingly.
Financial Commitments
Financial commitments are tiered based on level of involvement, as follows:
1. Executive Leadership Team (ELT): City of Lacey $20,000, City of Lakewood $50,000, Pierce
County $50,000.
2. Steering Committee: $6,500 annually unless this amount is prohibited by law, regulation, or
local policy.
3. Working Group (WG) Chairs: $2,500 annually for as long as they actively chair a WG.*
4. General Members: $500 annually.
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Agenda Item 8. d. SSMCP MOA
Page 10 of 10
Membership costs may be reduced through in-kind donations with advance approval of the majority
of SC members in good standing. An example of an acceptable in-kind donation is staff time
dedicated to SC Work Plan priorities that is significantly above and beyond that expected of all SC
members in their role on the SC.
*As approved by the Steering Committee, in 2015, the Tacoma-Pierce County Department of Health
shall pay $500 and donate in-kind effort by its representative to cover its WG Chair costs.
The City of Lakewood will act as the fiduciary agent for the SSMCP and will be responsible for
invoicing the members pursuant to this agreement.
Invoicing
After signature, members will be invoiced for annual membership fees. Invoicing will begin in
October of the preceding year. Membership fee payment that is not received by February 1will be
considered late and will suspend the member’s meeting attendance and voting privileges. A
member’s good standing will be reinstated upon receipt of the full membership fee.
Annual fees shall be prorated on a monthly basis during the first year for members who join after
January 1 of that year; such members will pay full fees in subsequent years.
121914 SSMCP MOA per Steering Committee.doc
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AGENDA
YELM CITY COUNCIL STUDY SESSION
WEDNESDAY, JANUARY 28, 2015 5:00 P.M.
1.
Call to Order
2.
Roll Call
3.
Agenda Approval
4.
Presentations
a.
b.
Topic: Greenhouse Gas Inventory Report – Thurston Climate Action Team,
Tom Crawford, Vice Chair (30 minutes)
http://olywa.us/thurstonclimateaction/PDF/ThurstonCountyGreenhouseGasInventoryReport2
010v1-6.pdf
Topic: 2014 Budget Amendment
Teresa Mattson (15 minutes)
5.
Mayor’s Report
6.
Council Initiatives
Upcoming Meetings
Regular City Council Meeting, Tuesday, February 10, 2015, 6:00 pm, Public Safety Building
Regular City Council Meeting, Tuesday, February 24, 2015, 6:00 pm, Public Safety Building
Study Session Meeting, Wednesday, February 25, 2015, 5:00 pm, Public Safety Building
Meeting Information
It is the City of Yelm’s policy to provide reasonable accommodations for people with disabilities. If you are
a person with a disability and in need of reasonable accommodations to conduct business or participate
in government processes or activities, please contact Janine Schnepf, at 360.458.8402 at least four (4)
working days prior to the scheduled event.
The Preliminary Agenda and Approved Council Minutes are available at www.ci.yelm.wa.us.
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