HomeMy WebLinkAbout4770 Ordinance - Amending PMC Sections 16.05.050, 12.040.100, 12.04.120, 19.10.070, 25.180.050
Ordinance – Amending PMC Related to Work Exempt from Permits - 1
ORDINANCE NO. 4770
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING PASCO MUNICIPAL CODE SECTIONS 16.05.050, 12.04.100,
12.04.120, 19.10.070 AND 25.180.050 REGARDING WORK EXEMPT FROM
PERMIT.
WHEREAS, the City of Pasco is committed to promoting a high quality of life by ensuring
that its permitting requirements are clear, efficient, and appropriately balanced to support both
public safety and private investment; and
WHEREAS, the City Council finds that updating Pasco Municipal Code will streamline
regulatory processes, reduce administrative burdens, and improve service delivery for residents
and businesses; and
WHEREAS, refining permitting requirements allows City resources to be directed toward
more complex projects that require oversight, improving overall effectiveness and service to the
community; and
WHEREAS, a well-structured permitting process enhances confidence in City regulations
by promoting transparency, efficiency, and ease of compliance for residents and businesses.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. That Section 16.05.050 of the Pasco Municipal Code entitled “Deletion of
IBC(s) subsections” is hereby amended and shall read as follows:
16.05.050 Deletion Amendment of IBC(s) subsections
(1) Subsection 105.2, “Work exempt from permit”, “Building”, item 6, shall be
amended to read as follows:
(a) Sidewalks and driveways not more than 30 inches (762 mm) above adjacent
grade, and not over any basement or story below and not a part of an accessible
route, except that in accordance with Section 12.04.040; before any person,
firm or corporation commences to improve or modify any public right-of-way
within the City by the construction of sidewalks, handicapped ramps,
crosswalks, curbs, or driveways, or to do any work in or upon the public right-
of-way whatsoever, the applicant must first obtain a right-of-way permit from
the City
Ordinance – Amending PMC Related to Work Exempt from Permits - 2
(2) Subsection 105.2, “Work exempt from permit”, “Building”, is amended to
include the following:
(a) Residential roofing and underlayment replacement, limited to the
replacement of roofing, underlayment, and flashing only. A permit is required
for the repair or replacement of structural sheathing, structural framing, or any
fire-resistive assembly.
(b) Residential siding and water-resistive barrier replacement, limited to the
replacement of siding or exterior veneer, water-resistive barrier, and flashing
only. A permit is required for the repair or replacement of structural sheathing,
structural framing, or any fire-resistive assembly.
Subsections 105.2, “Building,” (1), (2), (3), (4), (5), (9) and (10) of the International
Building Code(s) shall be deleted. [Ord. 4515 § 2, 2021; Ord. 4108, 2013; Ord.
3670 § 2, 2004; Ord. 3149 § 2, 1996; Ord. 3133 § 4, 1996; Ord. 2881 § 3, 1992;
Ord. 2153 § 2, 1980; Code 1970 § 16.04.025.]
Section 2. That Section 12.04.100 of the Pasco Municipal Code entitled “Driveway
standards”, is hereby amended and shall read as follows
12.04.100 Driveway standards
All driveways shall comply with the respective standard engineering specifications
adopted by the Public Works Director and the following:
(1) Residential Driveways.
(a) Driveway widths shall be measured at the curb flow line exclusive of the
transitions. Where there is no curb line, the driveway width shall be measured
at the points where the extension of the two outer edges of the driveway
intersect the street right-of-way.
(b) Only one driveway shall be permitted for each lot unless otherwise
provided herein.
(c) No single driveway shall be wider than 34 feet or 50 percent of the lot
frontage, whichever is smaller.
(d) Circular driveways are only permitted on lots with 100 feet or more of
frontage on the street that carries the lot address.
(e) The combined widths of all driveways creating a circular driveway must
not exceed a total of 40 feet.
Ordinance – Amending PMC Related to Work Exempt from Permits - 3
(f) Lots with double frontage may have a secondary driveway off the flanking
or side street, but no more than 22 feet in width.
(g) No driveway shall be located closer than 25 feet to an intersection of two
streets unless otherwise approved by the Public Works Director or designee.
(h) No driveway shall encase a water meter box or irrigation meter box.
(i) Driveways must conform to the provisions of PMC 25.165.100(1)(p).
(j) Driveways must be positioned to avoid interfering with fire hydrants, utility
boxes and equipment. The cost of relocating any utilities to accommodate a
driveway shall be borne by the permit holder or property owner.
(2) Commercial Driveways.
(a) Driveway widths shall be measured at the curb flow line, exclusive of the
transitions.
(b) No single driveway may exceed 35 feet unless the Public Works Director
or designee determines a greater width is necessary, based on one or more of
the following considerations:
(i) Street classification;
(ii) Street speed limit;
(iii) Traffic volume and turning movements;
(iv) Number of parking spaces within the parking lot served by the
driveway;
(v) Whether or not the proposed driveway will serve multiple businesses;
(vi) Safety of pedestrians and motorists;
(vii) Type of vehicles typically using the proposed driveway;
(viii) Shared driveway advantage.
(c) The location and number of driveways permitted to serve a commercial
property will be determined by the Public Works Director or designee. The
determination of the location and number of driveways shall be based upon the
review criteria of subsection (2)(b) of this section as deemed necessary to
promote safety to pedestrian users of the public ways, to preclude hazardous or
congestive traffic movements, to maintain desirable traffic flow along the
arterial corridors, or for any other reason related to public safety. The decision
of the Public Works Director is final unless appealed to the Hearing Examiner
in writing and stating the reasons therefor within 14 days of the Director’s
decision. [Ord. 3861, 2008; Ord. 2542 § 1, 1985; Code 1970 § 12.04.100.]
Section 3. That Section 19.10.070 of the Pasco Municipal Code entitled “Additions
and improvements”, is hereby amended and shall read as follows
Ordinance – Amending PMC Related to Work Exempt from Permits - 4
19.10.070 Additions and improvements
Permits shall may be required to erect, construct, enlarge, alter or repair any
additions, carport, patio, utility shed, fence or site screen on a home site. All such
work shall be accomplished in accordance with the Pasco Building Code and/or the
Washington State Department of Labor and Industries. No portion of any structure
shall be permitted to encroach upon the required front, side or rear yards of any
home site. [Ord. 3731 § 28, 2005; Ord. 3300 § 3, 1998; Ord. 1843 § 3, 1977; Code
1970 § 19.08.080.
Section 4. That Section 25.180.050 of the Pasco Municipal Code entitled “Design
standards”, is hereby amended and shall read as follows
25.180.050 Design Standards
(1) Fences, Walls and Hedges.
(a) The height of fences, walls and hedges located between a structure and
street or alley shall be measured from the street curb or alley grade except in
those cases where topographical irregularities occur. The height of fences, walls
and hedges between a structure and a common lot line shall be measured from
the grade along the common lot line or top of any structural retaining wall
occurring at the common lot line.
(b) Fences and walls in commercial districts shall complement the materials
used in any principal on-site structures.
(c) The height of fences, walls and hedges shall be limited to three and one-
half feet. An additional one and one-half feet comprised of 85 percent
transparent material is permitted for a maximum of five feet within the front
yard area of residentially zoned lots, retail business and office zoned lots.
(i) Fences greater than three and one-half feet in front yards must provide
address numbers to the fence in conformance with the International
Building Code.
(ii) Fences greater than three and one-half feet in front yards must be
equipped with Knox boxes if gates are locked.
(d) The height of fences, walls and hedges within the side, rear, and secondary
front yards of residentially zoned lots, retail business and office zoned lots shall
be limited to six feet. A gate or opening with a minimum three-foot width
leading into at least one side yard shall be provided.
(e) All fences shall be constructed to conform to the most recent version of the
Pasco Design and Construction Standards related to sight distance triangles.
Ordinance – Amending PMC Related to Work Exempt from Permits - 5
(f) Fences shall not be constructed out of tires, pallets, bed springs, multi-
colored materials, tarps, plastic sheets, corrugated sheet metal, except in
industrial districts, wheel rims and similar or like materials not traditionally
manufactured or used for fencing purposes. Hog wire, chicken wire, horseman
wire mesh, v-mesh, field fence, woven field fence, welded utility fence, or any
similar or like wire fencing material is not permitted in residential or
commercial zones. Horseman wire mesh and the other wire fencing listed above
may be permitted in suburban residential districts on tracts larger than one acre
that are used for animal husbandry. Fences built with valid permits prior to the
effective date of this chapter or fences on properties annexed to the City after
the effective date of this chapter are exempt from this subsection.
(g) Barbed and razor wire fencing is prohibited in all residential districts, in
the office district and the central business district. Barbed wire may be
permitted in suburban residential districts on tracts larger than one acre that are
used for animal husbandry. In the C-1 retail business district only one strand of
barbed wire is permitted along the top rail or within two inches of the top rail.
(h) Electrified fences are not permitted in residential districts except as a
secondary means of securing property where the electrified fence is located
behind an existing fence or in suburban districts to contain permitted farm
animals.
(i) In all front yards, whether on properties with single, double, or triple
frontage, rails, posts and other structural fence supports shall not be visible from
a public street; except that posts and rails that are an integral part of the fence
design and aesthetics and not used solely for structural support may be visible
from a public street.
(j) All fencing in commercial and industrial districts shall be placed on the
inward side of any required perimeter landscaping, with landscape treatments
occurring along the street frontage.
(k) No fence, wall or hedge, landscape material or foliage higher than three
feet above curb grade shall be located or planted within an area 20 feet along
the property lines from the intersection of two streets, including the area
between such points, or 15 feet from the intersection of a street and an alley;
provided, however, that if an alternative fence material is used, such as
masonry, wrought iron, wood, or combination thereof, then the fence must be
75 percent transparent and may be a maximum six feet in height; or a smaller,
75 percent transparent fence set upon a maximum three-foot wall or other
structure not exceeding a combined height of six feet may be erected within
said area of intersection of street and alley, so long as the fence is at all times
unobstructed by foliage or other matter.
Ordinance – Amending PMC Related to Work Exempt from Permits - 6
(l) Fences constructed in any zoning district may be permitted at the back of
sidewalks in public right-of-way upon approval of the City Engineer, except as
provided in subsection (1)(k) of this section.
(l)(m) All residential fencing within the I-182 overlay district, as defined by
PMC 25.130.020, adjacent to the I-182 right-of-way shall be constructed of
masonry block. Replacement of preexisting Surewood fences within the district
shall use masonry block or cedar material prescribed by the City as prestained,
knotless cedar 23/32-inch thick, five and one-half inches wide and six feet tall.
(n) No fence or wall shall be erected without first obtaining a building permit
from the Building Inspector.
(2) Clearance Distances. Where a fire hydrant is located within a landscape area it
shall be complemented by a minimum clearance radius of three feet; no tree, as
measured from its center, shall be located within 10 feet of a street light
standard, or within five feet of a driveway or a fire hydrant.
(3) Commercial and Industrial Districts.
(a) The first 10 feet of all commercial and industrial property abutting an
arterial street and the first five feet of all commercial and industrial property
abutting a local access street shall be treated with landscaping at the time the
property is developed. No less than 65 percent of the landscaped area must be
treated with live vegetation at the time of planting.
(b) In addition to the requirements contained in this chapter and unless
specified otherwise in Chapter 25.130 PMC, commercially and industrially
zoned properties adjacent to properties in less intense zoning districts shall have
a 10-foot landscape buffer on the side immediately adjacent to the less intense
zoning district. The landscaped buffer shall meet the following standards:
(i) Live vegetation within the landscape buffer shall be planted with a mix
of evergreen and deciduous trees and shrubs interspersed throughout the
landscape buffer.
(ii) The live vegetation shall consist of 40 percent evergreen trees.
(iii) Trees shall be provided at a minimum rate of one tree for every 20
linear feet of property line and spaced no more than 30 feet on center
spacing along each property line, unless planted in groupings of three trees,
with groupings spaced no more than 50 feet on center along each property
line.
(iv) Shrubs shall be provided at a minimum rate of one per eight linear
feet of property line and spaced no more than 16 feet apart on center.
(v) Parking lots located adjacent to properties in less intense zoning
districts require 100 percent of the landscape buffer to be planted with live
vegetation.
Ordinance – Amending PMC Related to Work Exempt from Permits - 7
(c) The area between property lines and the back edge of street curbs, within
right-of-way and exclusive of sidewalks and driveways for ingress/egress, shall
be treated with landscape materials.
(4) Residential Districts. At least 50 percent of the required front yard area for all
residential property, including right-of-way but excluding driveways, shall be
treated with live vegetation. Planting strips shall be treated as per PMC
12.12.070; and
(5) All areas of a lot or parcel not landscaped or covered with improvements shall
be maintained in such a manner as to control erosion and dust. Gardens within
established landscapes are excluded from this provision in residential districts.
Front yard areas not covered by the required 50 percent live vegetation must be
covered by mulches or decorative rock. [Ord. 4734 § 2, 2024; Ord. 4680 § 1,
2023; Ord. 4157 § 1, 2014; Ord. 4110 § 28, 2013; Ord. 3763 §10, 2006; Code
1970 § 25.75.050.]
Section 5. Severability. If any section, subsection, sentence, clause, phrase or word
of this Ordinance should be held to the invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or
constitutionality of any other section, subsection, sentence, clause phrase or word of this
Ordinance.
Section 6. Corrections. Upon approval by the city attorney, the city clerk or the code
reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors
or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or
numbering or referencing of ordinances or their sections and subsections.
Section 7. Effective Date. This Ordinance shall take full force and effect five (5) days
after approval, passage and publication as required by law.
Ordinance – Amending PMC Related to Work Exempt from Permits - 8
PASSED by the City Council of the City of Pasco, Washington, on this 2nd day of June,
APPROVED AS TO FORM:
___________________________
Kerr Ferguson Law, PLLC
City Attorneys
2025.
_____________________________
Pete Serrano
Mayor
ATTEST:
_____________________________
Debra Barham, MMC
City Clerk
Published: June 8, 2025