(1)
Legislative Intent.
(a)
Forest Watershed District. The Forest Watershed (FW) district is intended to accommodate principal uses and activities oriented toward protecting the watershed area and to accommodate limited rural residential housing, recreational development, and rural and tourist commercial activities, minimizing costs associated with providing them public services. The FW district's specific intents conserve forest resource lands of long-term commercial significance through implementation of the Comprehensive Plan, reduce the possibility of soil erosion, reduce hazards from floods and fire, and protect the scenic values of State Route (SR) 410, a National Scenic Highway, and SR 12 through Type 2 or 3 review of commercial project permits.
(b)
Agriculture District. The purpose of the Agriculture (AG) district is to preserve and maintain areas for the continued practice of agriculture by limiting the creation of small lots, permitting only those new uses that are compatible with agricultural activities, protection of agricultural lands of long-term commercial significance, and providing measures to notify and separate especially sensitive land uses from customary and innovative agricultural land management practices. The AG district implements the Comprehensive Plan that calls for the preservation of agricultural lands.
(3)
Small Lots and Special Exception Lots.
(a)
New Small Lots Around Existing Residences. Lots in the AG zoning district that are greater than three acres may be subdivided to create one small lot around an existing residence; provided it has been at least 15 years since the lot was last divided, and it has contained a lawfully existing residence for at least the last five years, subject to the following:
(i)
The five year date for the establishment of a lawfully existing residence starts from the issuance date of a Certificate of Occupancy by the Building Official or the date of the sign-off on the approved final inspection for the installation permit, if the residence is a manufactured home. If the permit holder failed to obtain a Certificate of Occupancy or approved final inspection of a residence, the applicant may provide other evidence to establish the date of the residence. However, no applications for land division will be accepted until such time that a Certificate of Occupancy has been issued or approved final inspection has been completed and all required changes have been made, if required by the Building Official. Such proof is not required for residences prior to the adoption of the state building code by Yakima County in 1974.
(ii)
The small lot shall be one to three acres in size, except the Reviewing Official may authorize a larger lot size under Subsection 19.11.010(3)(d).
(iv)
Any small lot allowed to be three acres or greater in size shall still be considered a small lot and is not capable of being further subdivided under this Section. A covenant or plat note indicating this restriction shall be recorded whenever a larger lot size is granted.
(b)
Multiple Dwellings. A lot that has contained more than one lawfully established, habitable dwelling, as defined in YCC Title 13, since before October 1, 1974 may be divided to separate each such dwelling onto an individual lot, subject to the criteria of Subsection 19.11.010(3) and all other applicable requirements.
(c)
Special Exception Lots. In addition to the small lot provisions of Subsections (a) and (b), Comprehensive Plan Policy provides that one or more special exception lot may be granted under short plat review in those limited situations when the total project site is greater than three acres, contains land unusable for agricultural purposes and establishment of a residence on that land will not adversely impact agricultural activities on the balance of the property or on adjoining and nearby AG-zoned lands, according to the following review criteria.
(i)
The special exception lot shall be one to three acres in size, except the Reviewing Official may authorize a larger lot size under Subsection 19.11.010(3)(d);
(ii)
The applicant shall submit documentation from a qualified third party (e.g. Natural Resource Conservation Service, WSU Cooperative Extension Service, agricultural consultants, Department of Agriculture) that the proposed lot is located on land unsuitable for agricultural uses and activities;
(iii)
Land considered unsuitable for agricultural uses include:
(A)
Soils identified by the Soil Survey of Natural Resource Conservation Service as unsuitable for agricultural production;
(B)
Oversteepened slopes as defined in YCC Subsection 16C.08.02(3)(b);
(C)
Rock outcrops;
(D)
Ravines;
(E)
Wetlands/Critical Areas; and
(F)
Locations that lack irrigation water, as demonstrated by the unavailability of irrigation shares or rights, and the documented inability to acquire or to use them.
(iv)
The proposal will not adversely impact, or interfere with accepted farm practices on adjacent or nearby agricultural operations, given the type of agriculture in the area and its relative susceptibility to nuisance complaints due to accepted farm operations and management practices;
(v)
Use of mitigation measures to effectively reduce the potential for land use conflicts and separate the site from active agricultural operations, such as: landscape buffers; special setbacks; screening; site design using physical features, such as rock outcrops, ravines, roads, irrigation canals or critical areas; or proximity to established dwellings, small lots or other nonagricultural buildings;
(vi)
No lot granted a special exception shall be further divided for ten years; and
(d)
Larger Lot Size Authorized. The Reviewing Official may authorize a larger lot size, subject to Type 1 review and recording of a covenant precluding further division of the subject lot while designated for agricultural use by the adopted Yakima County Comprehensive Plan maintaining the minimum adjustment necessary to accommodate the proposed use, when the applicant submits evidence or information that documents one or more of the following:
(i)
The Yakima Health District determines a larger area is necessary to include approved water supply and sewage disposal systems within the lot; or
(ii)
The logical division to create the lot follows a physical feature which acts as a bonafide, practical obstacle to normal and necessary farming practices (e.g., rock outcrops; Type 1 and 2 streams, slopes exceeding 15%; or a different intervening in-fee ownership physically separates that parcel by a State highway or primary irrigation district canal or major sublateral); or
(iii)
A larger lot size is necessary to encompass existing related uses or structures in immediate proximity; or
(iv)
Accommodation of the special agricultural setback required under Section 19.18.205 necessitates a larger lot size to achieve a building area not to exceed 10,000 square feet.
Table 19.11.010-1. Lot Requirements | ||||
|---|---|---|---|---|
Special Standard Section | Zoning District | Minimum Lot Area (acres) | Maximum Lot Area (acres) | |
General lot requirements for newly created lots | FW | 80 | Not specified | |
AG | 40(1) | Not specified | ||
Exceptions to general lot requirements | ||||
Residential lots in cluster developments | 19.34.035 | FW | 1.0 | 3.0 or as modified by 19.34.035 |
AG | ||||
Remainder lots in cluster developments | 19.34.035 | FW | Determined by area of cluster lot(s) | None |
AG | ||||
Small lot segregation for an existing residence | 19.11.010(3) | AG | 1.0 | 3.0 or as modified by 19.11.010(3) |
Special exception lot where residential development will not interfere with farming practices and is located on land unsuitable for farming | 19.11.010(3) | AG | 1.0 | 3.0 or as modified by 19.11.010(3) |
Agriculturally related industry lot | 19.18.050 | AG | 1.0 | Varies See 19.18.050 |
(a) Tracts limited to use for public utility services, dams for flood control and hydroelectric generating facilities (b) Division by highway or fee-owned irrigation canals (c) Conservation tracts | 19.34.090 | FW | None | Maximum necessary to encompass the use |
AG | ||||
Notes: | |
|---|---|
(1) | Quarter quarter section or legally described as 1/16 of a section. |
Table 19.11.010-2. Setbacks, Lot Coverage and Building Height | ||||
|---|---|---|---|---|
Subject | Zone | |||
AG | FW | |||
Maximum lot coverage | Not specified, however sitescreening may be required under Subsection 19.21.030(2)(f) and (g) | |||
Maximum building height(1) | Not specified | 35 feet | ||
Minimum vision clearance triangle at intersections, railroads, curbcuts and driveways | See Subsection 19.10.040(7) | |||
Minimum setbacks | ||||
Front and street side setbacks(2)* | Designated classified road (arterial or collector)* | 25 feet from planned edge of right-of-way or easement | ||
Roads with a right-of-way or vehicular access easement more than 60 feet in width | ||||
Turnaround or cul-de-sac bulb | ||||
Right-of-way or vehicular access easement 60 feet or less in width | Local access or private road(3) | 50 feet from centerline | ||
Private, shared driveway or alley(3) (see Chapter 19.23) | 10 feet from edge of right-of-way or easement | |||
Interior side setback | Primary structure* | 10 feet from property line | ||
Accessory structure* | 5 feet from property line | |||
Rear setback* | Right-of-way or vehicular access easement | Same as front setback | ||
Adjoining lot | 10 feet from property line | |||
*Dwellings and other especially sensitive land uses (ESLU) adjacent to designated resource lands and/or activities are subject to additional setbacks | See Section 19.18.205 | |||
Additional setback to accommodate required sitescreening | See Subsection 19.21.030(2)(f) and (g) | |||
Notes: | |
|---|---|
(1) | |
(2) | When there is no right-of-way, the front setback shall be 20 feet from the front property line. |
(3) | Gates restricting vehicular access, garage and carport entrances must be set back 20 feet from the edge of a right-of-way or easement other than an alley. |
(Ord. 7-2013 § 1 (Exh. A) (part), 2015; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017)