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HomeMy WebLinkAbout3354 Ordinance - Repealing PMC Title 22 and Creating PMC Title 25 Zoning ORDINANCE NO . 3354 AN ORDINANCE RELATING TO LAND USE AND ZONING AMENDING THE PASCO MUNICIPAL CODE BY REPEALING TITLE 22 ("THE ZONING ORDINANCE FOR THE CITY OF PASCO") AND ENACTING A NEW TITLE 25 ESTABLISHING NEW ZONING REGULATIONS FOR THE CITY OF PASCO . WHEREAS , cities have the responsibility to regulate and control the physical development within their borders and insure the public health , safety and welfare are maintained; and , WHEREAS , the City of Pasco has zoning regulations that encourage orderly growth and development of the City; and , WHEREAS, a Joint Development Standards Committee was appointed jointly by the City and County in 1996 to review existing zoning regulations and recommend improvements to guide development within Pasco and the Pasco Urban Growth Area; and , WHEREAS , the Joint Development Standards Committee meet on at least eight occasions in 1997 to complete work on the zoning regulations ; and, WHEREAS, following completion of the Joint Development Standards Committee work the Pasco Planning Commission held four workshop meetings in late 1997 and early 1998 to review the work of the Joint Development Standards Committee ; and , WHEREAS , the Planning Commission on March 26, 1998 and April 16, 1998 held public hearings on the proposed zoning regulations and recommended the City Council adopt the proposed regulations ; and , WHEREAS , the City Council reviewed the Planning Commission ' s recommendation on the zoning regulations during four workshop meetings conducted on May 26 , 1998 , June 8 , 1998 , June , 29 , 1998 and April 12 , 1999 ; and , WHEREAS, by Resolution 2389 approved on August 3 , 1998 the City Council declared it' s intent to adopt the new zoning regulations developed by the Joint Development Standards Committee and recommended by the Planning Commission ; and , i WHEREAS , the City Council has determined that to further the purposes of comprehensive planning and to maintain and protect the welfare of the community, it is necessary to amend the Pasco Municipal Code ; NOW , THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO , WASHINGTON , DOES ORDAIN AS FOLLOWS: Section 1 . That Title 22 of the Pasco Municipal Code be and the same is hereby repealed in its entirety : Section 2 . That a new Pasco Muni ipal Code Title 25 be and the same is hereby enacted to read as follows See Exhibit A , as attached . Section 3 . That any and all R- 5 (High Density Residential) zoning districts shown on the City' s Zoning Map be and the same are hereby amended to be classified as R- 4 (High Density Residential) . Section 4. That any and all references to Title 22 within the Pasco Municipal Code be and the same are hereby amended to read Title 25 . Section S . This ordinance shall be in full force and effect on May 1 , 1999 . PASSED by the City Council of the City of Pasco , at its regular meetin , April 19 , 199#9 . C arles D . Kilb Mayor ATTEST . APPROVED AS TO FORM : 1 � f Catherine D . Seaman Lelend B . Kerr Deputy City Clerk City Attorney 2 EXHIBIT A TABLE OF CONTENTS CHAPTER 25 .04: TITLE - PURPOSE 1 CHAPTER 25 .08 : INTERPRETATION AND ENFORCEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 CHAPTER 25 . 12 : DEFINTT IONS . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 CHAPTER 25 . 16 : ZONING DISTRICTS ESTABLISHED - ZONING MAP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 18 CHAPTER 25 .20: R-T RESIDENTIAL TRANSITION DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 CHAPTER 25 .22 : R-S-20 SUBURBAN DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 CHAPTER 25 .24 : R-S- 12 SUBURBAN DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 CHAPTER 25 .26: R-S- 1 SUBURBAN DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 CHAPTER 25 .28 : R- 1 LOW DENSITY RESIDENTIAL DISTRICT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 CHAPTER 25 . 30: RFAH- 1 RESIDENTIAL FACTORY ASSEMBLED HOME DISTRICT. . . . . . . . 31 CHAPTER 25 . 32 : RFAH- lA RESIDENTIAL FACTORY ASSEMBLED HOME DISTRICT . . . . . 34 CHAPTER 25 . 34 : R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 CHAPTER 25 . 36 : R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 CHAPTER 25 . 38 : R-4 HIGH DENSITY RESIDENTIAL DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 CHAPTER 25 .40: RMHP MOBILE HOME PARK DISTRICT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 CHAPTER 25 .41 : "0" OFFICE DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 CHAPTER 25 .42 : C- 1 RETAIL BUSINESS DISTRICT . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 CHAPTER 25 .44: C-2 CENTRAL BUSINESS DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ease . . . 50 CHAPTER 25 .46 : C-3 GENERAL BUSINESS DISTRICT . . . " . . . . " . 000 * 000 * 00 * 000 & 0 54 CHAPTER 25 .48 : C-R REGIONAL COMMERCIAL DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 CHAPTER 25 .50: BP BUSINESS PARK DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 CHAPTER 25 .52 : I- 1 LIGHT INDUSTRIAL DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 CHAPTER 25 . 54: I-2 MEDIUM INDUSTRIAL DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 CHAPTER 25 . 56 : I-3 HEAVY INDUSTRIAL DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 CHAPTER 25 . 62 : PLANNED UNIT DEVELOPMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 CHAPTER 25 .64: PLANNED DENSITY DEVELOPMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 CHAPTER 25 . 66 : HOME OCCUPATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 CHAPTER 25 .68 : DENSITY INCREASE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 CHAPTER 25 .69 : RECREATIONAL VEHICLE PARKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 CHAPTER 25 .70: USE REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 CHAPTER 25 .72 : NONCONFORMING USES . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 CHAPTER 25 .74: SITE DESIGN STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 CHAPTER 25 .76: LANDSCAPING AND SCREENING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 CHAPTER 25 .78 : OFF-STREET PARKING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 CHAPTER 25 . 80: PARK FUND FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 CHAPTER 25 . 82 : AIRPORT ZONING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 CHAPTER 25 . 84 : HEARING EXAMINER SYSTEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 CHAPTER 25 . 86 : SPECIAL PERMITS .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 CHAPTER 25 . 88 : AMENDMENTS AND REZONING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 CHAPTER 25 .92 : COMPREHENSIVE PLAN . . . . . . . 144 CHAPTER 25 .96 : ANNEXATION PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 APPENDIX A: FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 CHAPTER 25.04 TITLE - PURPOSE Sections : 25 .04.010 Title 25 .04.020 Purpose of Title 25 .040030 Severability 25 .040040 Jurisdiction 25 .04.010 TITLE. This Title shall be known as the "Pasco Urban Area Zoning Ordinance " . 25 .04.020 PURPOSE OF TITLE. The purpose of this Title is to implement the Comprehensive Plan for the Pasco Urban Area. This Title is to also further the purpose of promoting the health, safety, convenience, comfort, prosperity and general welfare of the present and future inhabitants of the Pasco Urban Area, and; ( 1 ) To encourage and facilitate the orderly growth and development of the Pasco Urban Area. (2) To provide adequate open space for light and air, to prevent overcrowding of the land, and to lessen congestion on the streets. (3 ) To secure economy in municipal expenditures, to facilitate adequate provisions for transportation, water, sewer, schools, parks, and other public facilities and services . (4) To increase the security of home life and preserve and create a more favorable environment for citizens and visitors of the Pasco Urban Area. (6) To secure safety from fire, panic and other dangers. (7) To stabilize and improve property values. (8) To enhance the economic and cultural well being of the inhabitants of Pasco. (9) To promote the development of a more wholesome, serviceable and attractive city resulting from an orderly, planned use of resources . 25 .04.030 SEVERABILITY CLAUSE. If any word, clause, sentence, paragraph, or section of this Title or its application to any person or circumstance shall for any reason be adjudged by any court of competent jurisdiction to be unconstitutional or invalid, the judgment shall not affect, impair or invalidate the remainder of this Title or its application to other persons or circumstances , but shall be confined in its operation to the word, clause, sentence, paragraph, persons or circumstances, or part thereof directly involved in the controversy in which the judgment shall have been rendered. 25 .04.040 JURISDICTION. This Title is enacted and administered separately by the City of Pasco and Franklin County for lands and uses within the Pasco Urban Area. CHAPTER 25 .08 INTERPRETATION AND ENFORCEMENT Sections : 25 .08 .010 Interpretation 25 .08 .020 Conflicting Provisions 25 .08 .030 Enforcement 254080040 Not a Licensing Regulation 25 .08 .050 Complaints regarding violations 25 .08 .010 INTERPRETATION. In interpreting and applying the provisions of this Title, the provisions and standards contained herein shall be deemed to be the minimum standards or requirements with which compliance is essential to the permitted uses, and shall not be construed as limiting the legislative authority of the City Council to further restrict permissive uses or to withhold or revoke permits for uses where, notwithstanding the existence of the minimum standards set forth in this Title, the promotion or protection of the public health, morals, safety and welfare bears a substantial relation to such withholding, denial or revocation of permits or uses. 25 .08 .020 CONFLICTING PROVISIONS . Where this Title imposes a greater restriction upon land, buildings, or structures than is imposed or required by other rules, regulations, standards, policies, ordinances , contracts, covenants public or private, deeds, or statutes lawfully adopted by the City of Pasco, the provisions of this Title shall govern and take precedent. In the case of conflicts between the text, maps and tables of the Title, the text shall govern unless otherwise stated. 25 .08 .030 ENFORCEMENT. It shall be the duty of the City Planner to enforce this Title through proper legal channels. No permits shall be issued for the construction, alteration, or repair of any building or part thereof unless such plans and intended use of such buildings or land conforms in all respects with the provisions of this Title. Monetary penalties for violations may be assessed in accordance with Pasco Municipal Code Title 11 . 25 .08 .040 NOT A LICENSING REGULATION. Nothing contained in this Title shall be deemed to be a consent, license, or permit to use any property or to locate, construct, or maintain any structure or facility or to carry on any trade, industry, occupation or activity. 25 .08 .050 COMPLAINTS REGARDING VIOLATIONS . Whenever a violation of this Title occurs , or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof, shall be filed with the City Planner. The City Planner shall record properly such complaint, immediately investigate, and take action thereon as provided by this Title. CHAPTER 25 . 12 DEFINITIONS Sections : 25 . 11005 Purpose 25 . 12.010 Interpretation and construction 25411015 Accessory dwelling 25 . 12.020 Accessory use 250120025 Adult entertainment 25012.030 Adult entertainment facility 25 . 12.035 Agricultural uses (commercial) 25 . 12 .040 Agricultural use (limited) 25 . 12.045 Alley 250120050 Alterations 25 . 11055 Amusement game device 25 . 12.060 Amusement game center 25 . 12.065 Animal unit 25 . 12.070 Antique 25 . 11075 Antique Dealer 25 . 12.080 Apartment 25 . 120085 Auto body shop 25 . 120090 Auto detail shop 25 . 12.095 Billiard and pool halls 259120100 Boat 25 . 12. 105 Boarding house 25 . 120110 Building 25 . 12 . 115 Building, accessory 25612. 120 Building area 25 . 12. 125 Building, detached 25 . 12. 130 Building height 25 . 12 . 135 Camp trailer/travel trailer/fifth wheel 25 . 120140 Camper (pickup) 25 . 11145 Club, membership 25 . 12. 150 Communication tower 25 . 12. 155 Community service facilities 25412. 160 Day care center, nursery school, preschool 25 . 126165 Dwelling 25912 . 170 Dwelling, multiple 25 . 12. 175 Dwelling, one-family 25 . 12. 180 Dwelling, two-family. 25 . 12 . 185 Dwelling unit 25 . 120190 Factory assembled home 25 . 12 . 195 Family 250120200 Garage, residential 25012 .205 Garage, public 25 . 11210 Group care facility DEFINITIONS - 25 . 12 25 . 12 . 215 Group home 25 . 12120 Home occupation 25 . 12 . 225 Junk yard 25911230 Kennel 25 . 12135 Lot 25012.240 Lot area 25 . 120245 Lot, corner 25 . 12 .250 Lot, corner, depth of 25912 .255 Lot coverage 25012 . 260 Lot depth 25012.265 Lot, flag 25 . 12.270 Lot, interior 25012.275 Lot, key 25 . 12 .280 Lot line 25 . 12.285 Lot, through 25 . 120290 Lot, width of 25 . 129295 Massage parlor 25 . 12 . 300 Micro-Brewery 25 . 12 .305 Micro-Winery 25 . 12310 Mini-Storage facility 25 . 12 .315 Mobile home 25912 .320 Motor home 25 . 12 .325 Motor vehicle repair shop 25 . 12 . 330 Non-conforming use 25 . 12335 Nursery school 25912340 Nursing or convalescent home 25 . 12. 345 Open spaces 25612 .350 Outdoor storage 25 . 12 . 355 Parcel 250120360 Pawn shop 256120365 Quarry, sand pit, gravel pit, or topsoil stripping 250120370 Recreational vehicle 25 . 12 . 375 Riding academy 25 . 120380 Sanitarium or sanatorium 25012 . 385 Secondhand dealer 25012. 390 Secondhand personal property 25 . 12 . 395 Sexually-oriented materials 25 . 120400 Snowmobile 25 . 12 .405 Specified anatomical areas 25 . 120410 Specified sexual activities 25 . 12.415 Stable, private 25 . 12 .420 Stable, public 25 . 12 .425 Stock-in-trade 259129430 Storage, container 25 . 120435 Street 25012 .440 Structure 259129445 Tattoo parlor 4 DEFINITIONS - 25 . 12 25 . 12 .450 Tavern 25 . 12.455 Theater, moving picture 25 . 120460 Urban area 250120465 Utility trailer 258120470 Vehicles 25912 .475 Vehicle, inoperable 25 . 12.480 Winery (Commercial) 25 . 12 .485 Wireless communication towers 250129490 Yard, front 25012 .495 Yard, rear 250129500 Yard, side 25 . 12 .005 PURPOSE. This chapter provides definitions for terms and phrases used in this Title. Where any of the definitions conflict with the definitions used in other Titles of the City Code, the definitions in this chapter shall prevail for the purpose of this Title. 25 . 128010 INTERPRETATION AND CONSTRUCTION. ( 1 ) For the purpose of this Title, certain terms or words herein shall be interpreted or defined as follows: Except where specifically defined in this chapter all words in this Title shall carry the customary meanings. (a) Words used in the present tense shall include the future; (b) Words in the singular number include the plural number, and words in the plural number include the singular, unless the context clearly indicates otherwise; (c) "Person" includes a corporation, a member or members of a partnership or other business organization, a committee, association, board, trustee, receiver, agent, or other representative and all other legal entities ; (d) "Shall' is mandatory and not directory; (e) "May" is permissive ; M "Use", "used", or "occupied" as applied to any land or building shall be construed to include the words "intended", "arranged", or "designed" to be used or occupied; (g) "City" means City of Pasco; (h) "County" means Franklin County; (i) Unless otherwise specified, all distances shall be measured horizontally; (j ) Words not defined herein, but defined within the Uniform Building Code shall have the same meaning as defined within the Uniform Building Code ; 5 DEFINITIONS - 25 . 12 (k) Chapter and section headings contained in this Title shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of this Title . (2) For the purposes of this Title, certain terms or words shall be interpreted and defined as in the following sections of this chapter. 25 . 12 .015 ACCESSORY DWELLING. "Accessory dwelling" means a second and subordinate dwelling unit added to or created within a single family dwelling that provides basic requirements for living, sleeping, cooking and sanitation. 25012 .020 ACCESSORY USE. "Accessory use" means a use subordinate to the principal use and located on the same lot with such principal use. 25 . 12.025 ADULT ENTERTAINMENT. Means: ( 1 ) Any exhibition, performance or dance conducted in an adult entertainment facility where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or (2) Any exhibition, performance, or dance intended to sexually stimulate any patron and any conduct in an adult entertainment facility where such exhibition, performance or dance is performed for, arranged with, or engaged in with fewer than all patrons in the adult entertainment facility at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such exhibitions, performances, or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing, or straddle dancing. (3) Any exhibition, performance, display, dance, presentation, or dance of any type conducted in an adult entertainment facility and involving a person who is unclothed or in such attire, costume, or clothing as to expose to view any specified anatomical area, or who touches, caresses or fondles any specified anatomical area of themselves or another person, or permits touching, caressing or fondling of any of their own specified anatomical areas . 25012 .030 ADULT ENTERTAINMENT FACILITY means any of the following: ( 1 ) "Adult Retail Establishments" are commercial establishments such as a bookstore, video store, or novelty shop in which any one or more of the following constitute more than 20 percent of the establishment' s stock-in-trade for sale, rent, or any other form of consideration: (a) Books, magazines , periodicals or other printed materials, or photographs, films, motion pictures, video cassettes, slides or other visual or sensory representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas ; or 6 DEFINITIONS - 25 . 12 (b) Instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities . (2) "Adult Arcade" means a commercial establishment which contains individual viewing areas or booths, where for any form of consideration, including but not limited to, membership fee, one or more still or motion picture projectors, slide projectors, or other similar image producing machines are used to show films, motion pictures , computer images or pictures , video cassettes, slides, or other visual or sensory representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. (3 ) "Adult Cabaret" means a nightclub, bar, restaurant, tavern, or similar commercial establishment, whether or not alcoholic beverages are served, that regularly features adult entertainment. (4) "Other Adult Entertainment Facility" means any commercial establishment not defined elsewhere in the Pasco Municipal Code where adult entertainment or sexually oriented materials are regularly conducted, displayed, or available in any form, for any type of consideration and which represents more than 20 percent of the businesses ' stock-in- trade ; provided, however, that a public library, school, university, or similar accredited educational or scientific facility shall not be considered an adult entertainment facility. In addition a commercial establishment which offers access to telecommunication networks as a principal business purpose shall not be considered an adult entertainment facility unless the access it provides is for the primary purpose of displaying or presenting visual images that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. (6) "Adult Motel" means a motel, hotel or similar commercial establishment which: (a) Offers sleeping accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films , motion pictures, video cassettes, slides, or other visual or sensory representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas, and that has a sign visible from the public right-of- way that advertises the availability of such sexually-oriented materials ; or (b) Offers a sleeping room for rent on a rental fee period of time that is less than ten ( 10) hours; or (c) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten ( 10) hours . (7) "Adult Mini Motion Picture Theater" means a commercial establishment with a capacity for less than fifty persons, where for any form of consideration motion pictures, films, video cassettes, slides or similar visual or sensory representations are shown that are 7 DEFINITIONS - 25 . 12 distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities " or "specified anatomical areas " . (8) "Adult Motion Picture Theater" means a commercial establishment where for any form of consideration motion pictures, films, video cassettes, slides, or other similar visual or sensory representations are shown that are distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities " or "specified anatomical areas " . (9) "Adult Nude Photography Shop" means a commercial establishment used for the business of allowing customers to photograph any "specified anatomical areas " of a person or persons, or for the customer to be so photographed with or without other persons . ( 10) . "Body Painting Shop" means a commercial establishment used for the business of allowing customers to paint the body of a person or persons, or to allow the customer' s body to be painted. 25 . 12 .035 AGRICULTURAL USES (COMMERCIAL). "Agricultural uses (commercial) " means agricultural activities , involving ten ( 10) or more acres , carried on as a commercial enterprise with the object of gain, benefit, or advantage, directly or indirectly. Agricultural uses (commercial) do not include feed lots, stockyards, dairies, hog farms or poultry husbandry. 25 . 12 .040 AGRICULTURAL USE (LIMITED) . "Agricultural use (limited) " means an agricultural operation including the construction of farm buildings and the keeping of farm animals upon the premises, but the agricultural operation shall be for a personal use only and not be carried on as a commercial enterprise where a profit is realized. 25 . 12.045 ALLEY. "Alley" means a dedicated narrow service way, not more than twenty feet wide, providing a secondary means of public access to abutting properties. 25 . 12 .050 ALTERATIONS . "Alterations " means as applied to a building or structure: ( 1 ) A change or rearrangement of the structural or non-structural parts in the existing facilities ; or (2) An enlargement or addition on a building or structure; or (3 ) Moving a building or structure from one location or position to another; or (4) A change of use . 25 . 12 .055 AMUSEMENT GAME DEVICE. "Amusement game device " means a machine or other device, whether mechanical, electrical, or electronic, to be operated by the public for the purpose of entertainment, amusement or as a game, the object of which is to score high or low by comparison to the score of other players, playing concurrently or not, or to demonstrate skill or competence against an opponent, whether the opponent is the device or another person. It shall include such devices as pool tables, billiard tables, pinball machines, and devices which use a video tube to reproduce symbolic figures and lines intended to be representative of real games or activities. 8 DEFINITIONS - 25 . 12 This definition shall not apply to vending machines for products unrelated to gaming, a device which does not require active participation by the player in the game, coin-operated machines which only provide music, or gambling devices regulated by state law. 25 . 12 .060 AMUSEMENT GAME CENTER. "Amusement game center" means any building or portion thereof which contains more than two amusement game devices 25 . 12 .065 ANIMAL UNIT. "Animal unit" means any one of the following: Steer, cow, milk cow, horse, mule/donkey, three goats, three sheep, three pigs, twenty chickens, twenty fowl or twenty rabbits. For the purpose of this definition, any newborn animal listed above shall be excluded until such time as it is weaned. 25 . 12 .070 ANTIQUE. "Antique" means a piece of furniture, glassware, silverware, art work or other items that are at least sixty years old and are distinguished from general secondhand personal property, and collectibles by educational value, historic value, artistic value, ornamental character or intrinsic aesthetic merits. 25 . 12 .075 ANTIQUE DEALER. "Antique Dealer" means an establishment having as its primary stock-in-trade " antiques " as that term is defined in this chapter. 25 . 12 .080 APARTMENT "Apartment " means a building arranged, intended, or designed to be occupied by three or more families living independently of each other. 25 . 12 .085 AUTO BODY SHOP. "Auto body shop" means a building or portion of a building wherein there is engaged the business of improvement and restoration of automobiles and other motor vehicles by sanding, priming, painting, straightening and other like repair and restoration. 25 . 12 .090 AUTO DETAIL SHOP. "Auto detail shop " means a building or portion of a building wherein there is engaged the business of improvement of the appearance of automobiles or other vehicles defined in 25 . 12 . 820 by washing, waxing, polishing or other like means not within the definition of an "Auto body Shop" 25 . 12. 100. 25 . 12 .095 BILLIARD AND POOL HALLS . "Billiard or pool halls" means an establishment wherein the principal use or activity is billiards, pool, or snooker, regardless of the number of billiard, pool or snooker tables . 25 . 12. 100 BOAT. "Boat" means any type of water craft, whether registered or unregistered, licensed or unlicensed. The term boat shall include any wheeled trailer or other device on which such boat is or may be kept, stored, or transported, whether registered or unregistered, licensed or unlicensed. 25 . 12. 105 BOARDINGHOUSE. 'Boardinghouse" means any dwelling with less than twenty sleeping rooms in which persons whether individually or as families are housed or lodged and are provided meals at the dwelling. A rooming house or furnished rooming house is a boardinghouse . 250124110 BUILDING. 'Building " is any structure used or intended for supporting or sheltering any use or occupancy. 9 DEFINITIONS - 25 . 12 25 . 12. 115 BUILDING, ACCESSORY. "Accessory building" means a supplementary building, the use of which is incidental to that of the main or principal building and which is located on the same lot therewith. 25 , 12 * 120 BUILDING AREA. "Building area" means the three-dimensional space within which a building is permitted to be built on a lot and which is defined by height regulations, yard setbacks, and building coverage. 25 . 12 . 125 BUILDING, DETACHED. "Detached building" means a building surrounded by open space as required herein. 25 . 12 . 130 BUILDING HEIGHT. "Building height" means the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building. 1 . The elevation of the highest adjoining sidewalk or finished ground surface within a five- foot horizontal distance of the exterior wall of the building when such sidewalk or finished ground surface is not more than ten feet above lowest finished grade ; 2. An elevation ten feet higher than the lowest finished grade when the highest sidewalk or finished ground surface described in Item 1 above is more than ten feet above lowest finished grade. 25 . 12 . 135 CAMP TRAILER/TRAVEL TRAILER/FIFTH WHEEL. "Camp/travel trailer/Fifth wheel' means a structure designed to provide temporary living quarters for recreational camping or travel use, constructed with integral wheels to make it mobile and/or towable by motor vehicle. 25 , 12* 140 CAMPER (Pickup) . "Camper (Pickup)"means a structure designed to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for recreational use, camping or vacation use. 25012* 145 CLUB , MEMBERSHIP. "Club, membership" means an organization catering exclusively to members and their guests in premises and buildings for recreation and athletic purposes. 25 . 12 . 150 COMMUNICATION TOWER. "Communication tower" a free-standing or building mounted structure, including appurtenances and antenna intended for airway communication purposes, such as a television antenna or HAM radio tower. This definition does not include Wireless Communications Towers defined in 25 . 12 . 155 . 25 . 12 . 155 COMMUNITY SERVICE FACILITIES . "Community service facilities " includes, but is not limited to, daycare centers, nursery schools, hospitals, sanitariums, churches, drug abuse and alcoholic treatment centers, halfway houses, charitable organizations, nonprofit service groups, juvenile care and treatment centers, governmental and quasi-governmental activities, and other similar uses which provide social, health, and welfare services for citizens , except any such use which limits the activity solely to organizational or administrative office functions, whereby the actual community service is provided elsewhere, shall be excluded from this definition. 10 DEFINITIONS - 25 . 12 25 , 12 * 160 DAY CARE CENTER, NURSERY SCHOOL PRESCHOOL. "Day-care center, nursery school, preschool" means any type of group day-care programs, for children or adults, including nursery schools for children under the minimum age for education in public schools , parent cooperative nursery schools, playgroups for preschool children, covering after school care for school children, and programs which provide organized learning and education experiences, provided such establishments are licensed by the state and conducted in accordance with state requirements . For the purpose of this Title, the following shall also apply to day-care center, nursery schools or preschools: 1 . Babysitting care: Means a dwelling which provides occasional custodial care to children, for periods of less than twenty-four hours, who do not reside within the residence of the person providing the care. Babysitting care is not necessarily provided in exchange for compensation. 2 . Home based day-care: Means a home licensed by the Department of Social and Health Services and in which day care is regularly provided for not more than twelve ( 12) children or adults or for periods of less than 24 hours. Home based day care is allowed in any home regardless of its zoning classification. 3 . Mini day-care center: Means a place, other than the home of the provider, which provides regular custodial care for one to twelve children or adults for periods of less than 24 hours. 4. Day-care center: Means a place which provides regular custodial care for twelve or more children or adults, for periods of less than twenty-four hours. 5 . Preschool/nursery schools: Means a place that provides regular custodial care and/or organized learning and educational experiences for children. 25 * 12 . 165 DWELLING "Dwelling" means a building designed exclusively for residential purposes, including one-family, two-family, or multiple family dwellings, but not including hotels or motel units. 25 . 12. 170 DWELLING MULTIPLE. "Multiple dwelling" means a building used or designed as a residence for three or more families living independently of each other doing their own cooking therein . This includes apartment houses and, flats . 25 . 12 . 175 DWELLING, ONE-FAMILY. "One-family dwelling" means a detached dwelling designed for or occupied exclusively by one family. 25 . 12 . 180 DWELLING. TWO-FAMILY. "Two-family dwelling" means a building designed for or occupied exclusively by two families living independently of each other, except that common laundry facilities are allowed. 25 . 12 . 185 DWELLING UNIT. "Dwelling unit" means a building or portion thereof providing complete housekeeping facilities for one family. 11 DEFINMONS - 25 . 12 25912 . 190 FACTORY ASSEMBLED HOME A factory assembled home is defined as either: ( 1 ) A factory built structure that was constructed in accordance with the U. S . Department of Housing and Urban Development requirements and bearing an appropriate Department of Labor and Industries insignia indicating such compliance, or; (2) A factory built structure designed for human occupancy, which is entirely or substantially prefabricated or assembled at a place other than a building site and is transported to a building site on streets or highways and there affixed to a permanent foundation. A factory assembled home must be constructed to Uniform Building Code standards as adopted by the City of Pasco for on-site construction, the Washington State Energy Code and all other uniform codes adopted by the City of Pasco governing the construction of residential structures. 25 . 12 . 195 FAMILY. "Family" means one or more persons related by blood, marriage, or adoption, or five or less unrelated persons over the age of sixteen years occupying a dwelling and living together as a single housekeeping unit as distinguished from a group home, group care facility, lodging house, boarding home or fraternity. 25 . 12 .200 GARAGE. RESIDENTIAL. 'Residential garage" means a structure on the same lot with and accessory to a principally permitted use, used for storage only. 25 . 12.205 GARAGE. PUBLIC. 'Public garage" means any garage other than a private garage, available to the public , operated for gain and which is used for storage, repair, rental, greasing, washing, servicing, adjusting, or equipping of automobiles or other motor vehicles. 25 . 12 .210 GROUP CARE FACILITY. "Group care facility" means any number of unrelated persons living together as a single housekeeping unit sponsored by a public or private service entity whether supervision of the residents is provided on a full or part-time basis. 25 . 12 .215 GROUP HOME. "Group home " means more than six unrelated persons over the age of sixteen years living together as a single housekeeping unit. 25 . 12 .220 HOME OCCUPATION. "Home occupation" means a profession, trade, skill or service possessed and utilized, in whole or in part, by a family member(s) for monetary gain within or upon the premises of a permanent dwelling units in a residential district. A home occupation shall not involve wholesale or retail sales of any general or specific line of merchandise, products, goods or wares upon said premises, unless such articles are produced thereon in the conduct of the profession, trade, skill or service. 25 . 12 .225 JUNK YARD. "Junk yard" means a lot or structure or part thereof used for the collecting and/or storage and/or sale of waste paper, rags, scrap metal, appliances, old furniture, or discarded material and/or for the collecting, storage, and/or dismantling, and/or salvaging of machinery, equipment, boats and/or vehicles for the sale of parts thereof. 25 . 12 .230 KENNEL. " Kennel " means a place where four or more dogs or cats over the age of six months or any combination thereof are kept, whether by owners of the dogs or cats or by persons 12 DEFINITIONS - 25 . 12 providing facilities and care, whether or not for compensation. This definition shall include boarding kennels, but not pet shops, animal hospital, or veterinarian clinics. 25 . 12.235 LOT. "Lot" means a designated parcel, tract or area of land established by final plat, short plat, binding site plan, or as otherwise permitted by law. 25612140 LOT AREA. "Lot area" means the total horizontal area within the boundary lines of a lot exclusive of street and alley rights-of-way regardless of whether such right-of-way is improved. 25 . 12 .245 LOT, CORNER. "Corner lot" means a lot at the junction of and abutting two or more intersecting street rights-of-way. 25 . 120250 LOT, CORNER, DEPTH OF. "Depth of corner lot" means a mean horizontal distance between the front and rear lot lines measured in the general direction of its side lot lines. 25 . 11255 LOT, COVERAGE. "Lot coverage" means that percentage of the lot area covered by all buildings, including accessory buildings and patio covers or sun screens. 25612 . 260 LOT DEPTH. "Lot depth" means the horizontal distance between the front and rear property in the mean direction of the side lot lines . 25 . 12 .265 LOT, FLAG. "Flag lot" means a large lot not meeting minimum frontage requirements and where access to the public road is by a narrow private right-of-way or driveway. 25 . 12 . 270 LOT, INTERIOR. "Interior lot" means a lot other than a corner lot. 25912175 LOT, KEY. " Key lot" means a lot in which the front half of the side lot line forms the rear lot line of an adjoining lot. 25 . 12 .280 LOT LINE. "Lot line " means any line dividing a lot from a public street or alley right-of- way or dividing one lot from another. 25012 .285 LOT, THROUGH. "Through lot" means an interior lot having frontage on two parallel or approximately parallel streets. 25 . 12.290 LOT, WIDTH OF. "Width of lot" means the average width measured at right angles to the depth. 25 . 12 .295 MASSAGE PARLOR. "Massage parlor" means a business principally used for the purpose of providing massage in an enclosed building "Massage " shall have the same meaning as in Section 5 .70.010. 25 . 12 .300 MICRO-BREWERY. "Micro-Brewery" means a business engaged in the production of beer and licensed by the Washington State Liquor Board as a B 1 Domestic Brewery, producing less than 60,000 barrels annually. 25 . 12 . 305 MICRO-WINERY. "Micro-Winery" means a business licensed by the Washington State Liquor Board as a W 1 Winery, producing less than 99,999 liters annually. 13 DEFINITIONS - 25 . 12 25 . 12 . 310 MINI-STORAGE FACILITY. "Mini-storage facility" means a building or group of buildings consisting of small, self contained units for the storage of household or business goods, provided no hazardous substances or conditions are maintained within the facility. 25 . 12 . 315 MOBILE HOME. "Mobile home" means a single-family dwelling, thirty-two body feet or more in length and eight body feet or more in width, designed for transportation, after fabrication, on streets and highways on its own wheels, and designed to be used as a dwelling with or without a permanent foundation when connected to a required utilities, and having an insignia issued by the Department of Labor and Industries and constructed before June 15 , 19760 25 . 129320 MOTOR HOME. "Motor home" means a vehicular type of unit or device, whether licensed or unlicensed, primarily designed as a temporary living quarters for recreation, camping, or travel use, which contains its own motive power. 25 . 12. 325 MOTOR VEHICLE REPAIR SHOP. "Motor vehicle repair shop" means a building or portion of a building arranged, intended or designed to be used for making repairs to motor vehicles . 25 . 12 . 330 NON-CONFORMING USE. "Non-conforming use " means a use of land existing at the time of the enactment of this Title and which does not conform to the regulations of the district or zone in which it is situated. 25 . 12 . 335 NURSERY SCHOOL. See definition under 25 . 12 . 160. 25 . 12 . 340 NURSING OR CONVALESCENT HOME. "Nursing or convalescent home" means any building where persons are housed or lodged and furnished with meals and nursing care and which premises are licensed by the State of Washington. 25012 . 345 OPEN SPACES . " Open spaces" means an unoccupied space open to the sky on the same lot with a building. 25 . 12 . 350 OUTDOOR STORAGE. See definition under 25 .76.030 (4) . 25 . 12 . 355 PARCEL. See definition under 25 . 12 .235 . 25 . 12 . 360 PAWN SHOP. "Pawn shop" means an establishment wherein a person, firm or corporation is engaged, in whole or in part, in the business of loaning money on the security of pledges, deposits, or conditional sales of personal property. 25 . 12 . 365 QUARRY SAND PIT GRAVEL PIT OR TOPSOIL STRIPPING "Quarry, sand pit, gravel pit, or topsoil stripping" means a lot or land or part thereof used for the purpose of extracting stone, sand, gravel or topsoil for sale as an industrial operation and exclusive of the process of grading the lot preparatory to the construction of a building for which application for a building permit has been made. 25 . 12 . 370 RECREATIONAL VEHICLE. See definition under 25 . 69.020. 14 DEFINITIONS - 25 . 12 25 . 12 . 375 RIDING ACADEMY. 'Riding academy" means any establishment where horses are kept for riding, driving, or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment. 25012. 380 SANITARIUM OR SANITORIUM. "Sanitarium" or "sanatorium" means a private hospital whether or not such facilities are operated for a profit. 25 . 12 . 385 SECONDHAND DEALER. "Secondhand dealer" means an establishment having any portion of its stock-in-trade in " secondhand personal property" as that term is defined in this chapter. 25012 . 390 SECONDHAND PERSONAL PROPERTY. "Secondhand personal property" means any item (or part thereof) of secondhand personal property, regardless of condition, age or value; including scrap and melted metals. EXCEPTING the following: stamps, coins, books, reconditioned appliances , empty food containers, compact discs, computer software, goods used in trade-ins on the purchase of other merchandise of the same or greater value, used automobiles, unclaimed goods sold to collect mechanics liens and antiques. 25012 . 395 SEXUALLY-ORIENTED MATERIALS means any books magazines, periodicals , or other printed materials, or any photographs, films, motion pictures, video cassettes, slides or other visual or sensory representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. 25 . 12 .400 SNOWMOBILE. "Snowmobile" means a vehicle with a continuous tread and runner type steering device used primarily for over-snow travel. 25 . 12.405 SPECIFIED ANATOMICAL AREAS . " Specified anatomical areas " means : ( 1 ) Less than completely and opaquely covered; (a) Human genitals, pubic region; (b) Anus, buttock; and (c) Female breast below a point immediately above the top of the areola; and (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. 25 . 12 .410 SPECIFIED SEXUAL ACTIVITIES . " Specified sexual activities " means : ( 1 ) Human genitals in a state of sexual stimulation or arousal ; (2) Act of human masturbation, actual or simulated (3 ) Sex acts, normal or perverted, actual or simulated, including sexual intercourse, oral copulation or sodomy; (4) Fondling or other erotic touching of human genitals, pubic region, anus, buttocks or female breast. (5) Excretory function as part of, or in connection with, any sexual activities specified in this definition. 15 DEFINITIONS - 25 . 12 25 . 12 .415 STABLE. PRIVATE "Private stable" means an accessory building in which horses are kept for private use and not for hire, remuneration, or sale. 250 12.420 STABLE. PUBLIC "Public Stable" means a building in which horses are kept for remuneration, hire, or sale. 25 . 12 .425 STOCK-IN-TRADE "Stock-in-trade" means all books, magazines, posters , pictures, periodicals, other printed material, items, products, equipment, pre-recorded video tapes, discs or other similar materials readily available for purchase, rental, viewing or use by patrons of the establishment excluding material located in any storeroom or other portion of the premises not regularly open to patrons. 25 . 12 .430 STORAGE, CONTAINER. "Container storage " means a unit originally or specifically used or designed to store goods or merchandise during shipping or hauling by a vehicle, including but not limited to rail cars of any kind, truck trailers or multi-modal shipping containers. This definition also includes mobile homes. 25 . 12 .435 STREET. "Street" means a public or private way that affords a principal means of access to abutting properties . 25 * 12 ,440 STRUCTURE. is that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. 25s 12 .445 TATTOO PARLOR. "Tattoo parlor" means an enclosed building used for the business of tattooing a customer's body. 25 . 12 .450 TAVERN. "Tavern" means an establishment licensed by Washington State to dispense beer, wine or other alcoholic beverage for consumption on the premises, the provision of which is not in any way dependent upon food sales to retain said license Such places may also provide packaged alcoholic products for off-site consumption. 25 . 12 .455 THEATER, MOTION PICTURE. "Motion picture theater" means a building or part of a building devoted to the showing of moving pictures on a paid admission basis. This does not include adult entertainment facilities . 25 * 12,460 URBAN AREA. "Urban area" means the area within the Pasco City limits and the unincorporated portion of Franklin County within the Pasco Urban Growth Boundary established and adopted by Franklin County. 25 . 12 .465 UTILITY TRAILER. "Utility trailer" means a vehicular structure or device with or without its own mode of power, licensed or unlicensed, designed and/or used for the transportation of goods, equipment, other vehicles or devices, and materials . 25 * 12 ,470 VEHICLES . " Vehicles " means motorized mechanical devices designed for movement by means of wheels , skids or runners of any kind, and specifically including all such automobiles , buses, trucks , cars, vans, and motor homes even though they may be at any time immobilized in any way for any period of time for whatever duration; and also including boats and such recreational vehicles as defined herein. 16 DEFINITIONS - 25 . 12 25 . 12.475 VEHICLE. INOPERABLE "Inoperable vehicle " means a vehicle which is apparently inoperable and is extensively damaged, including but not limited to: a broken window or windshield; is absent a tire, wheel, engine, transmission, rear end, axle or driveline; or a vehicle or part thereof which is placed upon jacks, blocks or other support. 25 . 12.480 WINERY (COMMERCIAL). "Commercial winery" means a facility designed for crushing, pressing, fermenting, bottling and cellaring wine for retail and wholesale purposes . A commercial winery produces less than 50,000 cases of wine a year. 25 . 12.485 WIRELESS COMMUNICATION TOWER "Wireless Communication Towers" means an unstaffed facility for the transmission and reception of radio or microwave signals used for commercial or personal communications. Wireless Communication Towers are composed of two or more of the following components : (a) Antenna, (b) Support structure, (c) Equipment enclosure, (d) Security barrier. 25 . 12 .490 YARD. FRONT. "Front yard" means an open and unoccupied space, except as provided herein, extending the full width of the lot between any building and the front lot line and measured perpendicular to the building at the closest point to the front lot line. 25 . 12 .495 YARD. REAR. 'Rear yard" means an open and unoccupied space, except as provided herein, extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line . 25 . 12 . 500 YARD. SIDE. "Side yard" means an open and unoccupied space, except as provided herein, extending from the front yard to the rear yard between the principal building and the side lot line and measured perpendicular from the side lot line to the closest point of the principal building. 17 CHAPTER 25. 16 ZONING DISTRICTS ESTABLISHED - ZONING MAP Sections : 25 . 169010 Establishment of zoning districts 25 . 169020 Zoning map 25 . 16.030 Rules for interpretation of district boundaries 250160040 Application of district regulations 25 . 16 .010 ESTABLISHMENT OF ZONING DISTRICTS . For the purpose of promoting the public health, safety, morals, and general welfare of the City, the City is divided into the following types of zones: R-T District Residential Transition District R-S -20 District Residential Suburban District R-S - 12 District Residential Suburban District R-S- 1 District Low-density Suburban Residential District R-1 District Low-density Residential District RFAH- 1 / 1A District Residential Factory Assembled Home District R-2 District Medium-Density Residential District R-3 District Medium-Density Residential District R-4 District High-Density Residential District RMHP District Mobile Home Park District O District Office District C-1 District Retail Business District C-2 District Central Business District C-3 District General Business District C-R District Regional Commercial District BP District Business Park District I-1 District Light Industrial District I-2 District Medium Industrial District I-3 District Heavy Industrial District 25 . 16.020 ZONING MAP. The districts are bounded as shown on a map entitled, " Official Zoning Map, " which together with all explanatory material thereon, is hereby adopted by reference and declared to be a part of this Title. ZONING DISTRICTS ESTABLISHED - ZONING MAP - 25 . 16 The official zoning map for the unincorporated portion of the Pasco Urban Area shall be maintained in the Franklin County Planning Office. The official zoning map for that portion of the Pasco Urban Area within the City limits shall be maintained in the City of Pasco Planning Office. Each official zoning map shall be identified by the signatures of the legislative body having jurisdiction and the date of adoption. The official zoning map maintained by the City shall be the final authority as to the current zoning status of land in the City. In accordance with the provisions of this Title, if changes are made in district boundaries or other matters portrayed on the official zoning map, such changes shall be made on the official zoning map promptly after the amendment has been approved by the City Council. The amending ordinance shall provide that they have been duly entered upon the official zoning map. In the event that the official zoning map becomes damaged, destroyed, or lost, or difficult to interpret because of the nature or number of changes and additions, the City Council may by ordinance, adopt a new official zoning map which shall supersede the prior official zoning map. No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedure set forth in this Title. Any unauthorized change of whatever kind, by any person or persons shall be considered a violation of this Title and is unlawful. 25 . 16 .030 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES . Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply: ( 1 ) Boundaries indicated as approximately following the centerlines of streets, highways , or alleys shall be construed to follow such centerlines; (2) Boundaries indicated as approximately following platted lots shall be construed as following such lot lines ; (3 ) Boundaries indicated as approximately following city limits shall be construed as following city limits ; (4) Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks ; (5) Boundaries as indicated following shorelines shall be construed to follow the ordinary high-water line of such shorelines and in the event of change in the shoreline shall be construed as moving with the actual shoreline ; boundaries indicated as approximately following the centerlines of streams , rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines ; (6) Boundaries indicated as parallel to or extensions of features indicated in subsections ( 1 ) through (5) above shall be also construed as indicated in ( 1 ) through (5) above. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map; (7) Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map or in other circumstances not covered by 19 ZONING DISTRICTS ESTABLISHED - ZONING MAP - 25 . 16 subsections ( 1 ) through (6) above, the Hearing Examiner shall interpret the district boundaries. (8) Upon vacation of public right-of-way zoning shall extend to the centerline of said vacated right-of-way. 25 . 16.040 APPLICATION OF DISTRICT REGULATIONS . Except in accordance with the provisions of this Title, the regulations set by this Title within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, including the following: ( 1 ) No building or other structure shall hereafter be erected or altered: (a) To exceed the height, (b) To accommodate or house a greater number of families, (c) To occupy a greater percentage of lot area, (d) To have narrower or smaller rear yards, front yards, side yards, or other open spaces; than herein required; or in any other manner contrary to the provisions of this Title ; (2) No yard or lot existing at the time of passage of this Title shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Title shall meet at least the minimum requirements established by this Title; (3 ) Where a district boundary line divides a lot in a single or joint ownership of record at the time such line is adopted, the regulations for the less restricted portion of such lot shall extend not more than thirty feet into the more restricted portion provided the lot has frontage on a street in the less restricted district. 20 CHAPTER 25 .20 R=T RESIDENTIAL TRANSITION DISTRICT Sections : 25 . 20.010 Purpose 25109020 Permitted uses 2520.030 Permitted accessory uses 25 .20.040 Permitted conditional uses 25 .208050 Development standards 25 .20.010 PURPOSE. The R-T district is intended to be applied or assigned to areas that are essentially undeveloped, however, ultimately intended for suburban or urban residential use. Classifications which would be inappropriate or premature to initially apply for a variety of reasons including promotion of unorderly growth or creation of public health and safety problems resultant from the unavailability of urban services should be avoided. 25 . 20.020 PERMITTED USES . The following uses shall be permitted in the R-T district: ( 1 ) Single-family dwelling. 25 .20.030 PERMITTED ACCESSORY USES . The following uses shall be permitted as accessory in the R-T district: ( 1 ) Accessory dwellings ; (2) Home occupations (see definition in Section 25 . 12.220) ; (3) Ranch and farm buildings appurtenant to an agricultural use ; (4) Uses incidental and customary to a permitted use. 25 . 20.040 PERMITTED CONDITIONAL USES . The following uses are permitted upon issuance of special permit: ( 1 ) Agricultural uses (commercial) ; (2) Outdoor recreational activities . 25 .20.050 DEVELOPMENT STANDARDS ( 1 ) Minimum lot area: Five (5) acres (2) Density: One dwelling unit per five (5) acres, except as provided in 25 .20.030 ( 1 ) (3 ) Maximum lot coverage: Twenty (20) percent (4) Minimum Yard Setbacks . (a) Front: Fifty (50) feet (b) Side : Fifty (50) feet (c) Rear: Fifty (50) feet (5) Maximum building height: R-T RESIDENTIAL TRANSITION DISTRICT - 25 .20 (a) Principal building. Thirty-five (35) feet, except a greater height may be approved by a special permit. (b) Accessory buildings: Fifteen ( 15) feet (6) Fences and hedges : See Chapter 25 .76. (7) Parking: See Chapter 25 .78 . (8) Landscaping: See Chapter 25 .76 22 CHAPTER 25.22 R=S -20 SUBURBAN DISTRICT Sections : 25 .25 .010 Purpose 25 .25 .020 Permitted uses 259250030 Permitted accessory uses 25 .25 .040 Conditional uses 25 .25 .050 Development standards 25925 .010 PURPOSE. The R-S-20 suburban district is established to provide a low density residential environment permitting two dwelling units per acre. Lands within this district shall, unless specifically allowed herein contain suburban residential development with large lots and expansive yards. Structures in this district are _ limited to single-family dwellings and customary accessory structures. Certain public facilities and institutions may also be permitted, provided their nature and location are not detrimental to the intended suburban residential environment. 25 . 25 .020 PERMITTED USES . The following uses shall be permitted in the R-S -20 suburban district: ( 1 ) One-family dwellings ; (2) Nothing contained in this section shall be deemed to prohibit the use of vacant property for gardening or fruit raising. 25 .25 .030 PERMITTED ACCESSORY USES . The following uses shall be permitted as accessory to a permitted use in the R-S-20 suburban district: ( 1 ) Detached residential garages as defined in Section 25 . 12 .200, provided they do not exceed the height of 15 feet and are no larger than 1 ,200 square feet in area; (2) Home occupations as defined in Section 25 . 12.220; (3) Storage buildings not exceeding 480 square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25 . 12 .430,shall be permitted. For each additional 20,000 square feet of lot area, the gross floor area of storage sheds can be increased by 400 square feet, (4) Agricultural uses (limited), as defined in Section 25 . 12.040, except that the keeping of animals shall be permitted on parcels consisting of ten thousand ( 10,000) square feet over and above an area equal in size to 12,000 square feet set aside for the dwelling on the parcel ; (5) One animal unit (as defined in Section 25 . 12.065) shall be allowed for each full ten thousand square foot increment of land over and above an area equal in size to 12,000 square feet set aside for the dwelling on the same parcel ; provided that all barns, barnyards , chicken houses, or corrals shall be located not less than twenty-five feet from a public roadway and not less than ten feet from any adjoining or abutting property held under separate ownership; and provided said number of chickens, fowl or rabbits does not exceed 2 animal units; R-S-20 SUBURBAN DISTRICT - 25 .22 (6) The keeping of dogs and cats, provided such number of animals does not exceed three dogs and three cats ; (7) Family day care home in conformance with WAC 388-73 as now existing and as amended and PMC Chapter 25 . 66 ; (8) Accessory dwellings. 25 .25 .040 CONDITIONAL USES . In addition to the unclassified uses listed in Chapter 25 . 86, the following uses may be permitted by special permit as provided in Chapter 25 . 86 : ( 1 ) Churches and similar places of worship; (2) Public libraries, and municipal office buildings ; (3 ) Public and private schools, public parks and playgrounds ; (4) Fire department station houses ; (5) Private nursery school, preschool, child mini day care, and child day care center; (6) Agricultural use (commercial). 25 .25 .050 DEVELOPMENT STANDARDS ( 1 ) Minimum lot area: Twenty thousand (20,000) square feet (2) Density: One dwelling unit per lot, except as provide in 25 .25 .030 (8) (3 ) Maximum Lot Coverage: Forty (40) percent (4) Minimum Yard Setbacks: a. Front: Twenty-five (25) feet b . Side: Ten ( 10) feet c . Rear: Principal Building: Twenty-five (25) feet Accessory structures. Accessory structures adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall be setback from the alley twenty (20) feet. Where there is no alley, the set back shall be five (5) feet (5) Maximum building height: a. Principal building. Thirty-five (35) feet, except a greater height may be approved by special permit. b. Accessory buildings : Fifteen ( 15) feet. (6) Fences and hedges : See Chapter 25 .76. (7) Parking: See Chapter 25 .78 . (8) Landscaping: See Chapter 25 .76. 24 . CHAPTER 25.24 R=S - 12 SUBURBAN DISTRICT Sections : 25 .24.010 Purpose 25 .24.020 Permitted uses 25 .24.030 Permitted accessory uses 25 .24.040 Conditional uses 25 .24.050 Development standards 25 .24.010 PURPOSE. The R-S- 12 suburban district is established to provide a low density residential environment permitting three dwelling units per acre. Lands within this district shall, unless specifically allowed herein contain suburban residential development with large lots and expansive yards . Structures in this district are limited to single-family dwellings and customary accessory structures. Certain public facilities and institutions may also be permitted, provided their nature and location are not detrimental to the intended suburban residential environment. 25 . 24.020 PERMITTED USES . The following uses shall be permitted in the R-S - 12 suburban district: ( 1 ) One-family dwellings ; (2) Nothing contained in this section shall be deemed to prohibit the use of vacant property for gardening or fruit raising. 25 .24.030 PERMITTED ACCESSORY USES . The following uses shall be permitted as accessory to a permitted use in the R-S- 12 suburban district: ( 1 ) Detached residential garages as defined in Section 25 . 12 .200, provided they do not exceed fifteen feet in height and 1 ,200 square feet in area; (2) Home occupations as defined in Section 25 . 12.220; (3 ) Storage buildings not exceeding 260 square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25 . 12 .430, shall be permitted. For each additional 12,000 square feet of lot area the gross floor area of storage sheds can be increased by 260 square feet; (4) Agricultural uses (limited) , as defined in Section 25 . 12.040, except that the keeping of animals shall be permitted on parcels consisting of ten thousand ( 10,000) square feet over and above an area equal in size to 12 ,000 square feet set a side for the dwelling on the parcel ; (5) One animal unit (as defined in Section 25 . 12 .065) shall be allowed for each full ten thousand square foot increment of land over and above an area equal in size to 12,000 square feet set a side for the dwelling on the same parcel ; provided that all barns, barnyards, chicken houses, or corrals shall be located not less than twenty-five feet from a public roadway and not less than ten feet from any adjoining or abutting property held under separate ownership ; and provided said number of chickens, fowl or rabbits does not exceed 2 animal units , R-S- 12 SUBURBAN DISTRICT - 25 .24 (6) The keeping of dogs and cats, provided such number of animals does not exceed three dogs and three cats ; (7) Family day care home in conformance with WAC 388-73 as now existing and as amended and Chapter 25 .66 , (8) Accessory dwellings. 25 .24.040 CONDITIONAL USES . In addition to the unclassified uses listed in Chapter 25 . 86, the following uses may be permitted by special permit as provided in Chapter 25 . 86 : ( 1 ) Churches and similar places of worship; (2) Public libraries, and municipal office buildings ; (3 ) Public and private schools, public parks and playgrounds ; (4) Fire department station houses ; (5) Private nursery school, preschool, child mini day care, and child day care center; (6) Agricultural use (commercial) . 25 .24.050 DEVELOPMENT STANDARDS ( 1 ) Minimum lot area: Twelve thousand ( 12,000) square feet (2) Density: One dwelling unit per lot, except as provide in 25 .24.030 (8) (3 ) Maximum Lot Coverage: Forty (40) percent (4) Minimum Yard Setbacks : a. Front: Twenty-five (25) feet b . Side: Ten ( 10) feet c . Rear: Principal Building: Twenty-five (25 ) feet Accessory structures: Accessory structures adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall be setback from the alley twenty (20) feet. Where there is no alley, the set back shall be five (5 ) feet. (5) Maximum building height: a. Principal building. Thirty-five (35) feet, except a greater height may be approved by special permit. b . Accessory buildings : Fifteen ( 15) feet. (6) Fences and hedges : See Chapter 25 .76 . (7) Parking: See Chapter 25 .78 . (8) Landscaping: See Chapter 25 .76 . 26 CHAPTER 25 .26 R=S = 1 SUBURBAN DISTRICT Sections : 25 .26 .010 Purpose 25 .26.020 Permitted uses 25 .26.030 Permitted accessory uses 25 .26 .040 Conditional uses. 25 .26 .050 Development standards 25 .26 .010 PURPOSE. The R-S- 1 suburban district is established to provide a low density residential environment permitting four dwelling units per acre . Lands within this district should contain suburban residential development with large lots and expansive yards. Structures in this district are limited to single-family conventional dwellings. Certain public facilities and institutions may also be permitted, provided their nature and location are not detrimental to the intended suburban residential environment. 25 . 26.020 PERMITTED USES . The following uses shall be permitted in the R-S - 1 suburban district: ( 1 ) One-family dwellings , (2) Nothing contained in this section shall be deemed to prohibit the use of vacant property for gardening or fruit raising. 25 .26 .030 PERMITTED ACCESSORY USES . The following uses shall be permitted as accessory to a permitted use in the R-S- 1 suburban district: ( 1 ) Detached residential garages as defined in Section 25 . 12 .200, provided they do not exceed fifteen feet in height and 1 ,000 square feet in area; (2) Home occupations as defined in Section 25 . 12.220; (3) Storage buildings not exceeding 200 square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25 . 12.430, will be permitted, (4) Agricultural uses (limited) , as defined in Section 25 . 12.040, except that the keeping of animals shall be permitted on parcels consisting of ten thousand ( 10,000) square feet over and above an area equal in size to 12 ,000 square feet set a side for the dwelling on the parcel ; (5) One animal unit (as defined in Section 25 . 12.065) shall be allowed for each full ten thousand square foot increment of land over and above an area equal in size to 12,000 square feet set a side for the dwelling on the same parcel; provided that all barns, barnyards, chicken houses, or corrals shall be located not less than twenty-five feet from a public roadway and not less than ten feet from any adjoining or abutting property held under separate ownership; and provided said number of chickens, fowl or rabbits does not exceed 2 animal units , (6) The keeping of dogs and cats, provided such number of animals does not exceed three dogs and three cats ; (7) Family day care home in conformance with WAC 388-73 as now existing and as amended and Chapter 25 .66 ; (8) Accessory dwellings . 25 .26 .040 CONDITIONAL USES . In addition to the unclassified uses listed in Chapter 25 . 86, the following uses may be permitted by special permit as provided in Chapter 25 . 86 : ( 1 ) Churches and similar places of worship ; (2) Public libraries, and municipal office buildings ; (3) Public and private schools, public parks and playgrounds; (4) Fire department station houses ; (5) Private nursery school, preschool, child mini day care, and child day care center; (6) Agricultural use (commercial). 25 .26 .050 DEVELOPMENT STANDARDS ( 1 ) Minimum lot area: Ten thousand ( 10,000) square feet (2) Density: One dwelling unit per lot, except as provided in 25 .26 .030 (8) (3) Maximum Lot Coverage: Forty (40) percent (4) Minimum Yard Setbacks : a. Front: Twenty (20) feet b. Side: Principal building: Ten ( 10) feet Accessory structures: Five feet, provided the accessory structure is located behind the rear building line. c . Rear: Principal Building: Equal to the height of the dwelling Accessory structures : Accessory structures adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall be setback from the alley twenty (20) feet. Where there is no alley, the set back shall be five (5) feet. (5 ) Maximum building height: a. Principal building. Twenty-five (25) feet, except a greater height may be approved by special permit. b . Accessory buildings : Fifteen ( 15) feet (6) Fences and hedges : See Chapter 25 .76 (7) Parking: See Chapter 25 .78 (8) Landscaping: See Chapter 25 .76 28 CHAPTER 25.28 R- 1 LOW DENSITY RESIDENTIAL DISTRICT Sections : 25 .28 .010 Purpose . 25028 .020 Permitted uses . 25 .28 .030 Permitted accessory uses . 25 .28 .040 Conditional uses 25 .28 .050 Development standards 25 .28 .010 PURPOSE. The R-1 low density residential district is established to provide a low density residential environment. Lands within this district generally should contain single-family conventional dwellings with smaller lots and useful yard spaces. Certain public facilities and institutions may also be permitted, provided their nature and location are not detrimental to the intended low density residential environment. 25 . 28 .020 PERMITTED USES . The following uses shall be permitted in the R-1 district: ( 1 ) One-family dwellings , (2) Nothing contained in this section shall be deemed to prohibit the use of vacant property for gardening or fruit raising. 25 .28 .030 PERMITTED ACCESSORY USES . The following uses shall be permitted as accessory to a permitted use in the R- l low density residential district: ( 1 ) Detached residential garages as defined in Section 25 . 12.200, provided they do not exceed fifteen feet in height and 1 ,000 square feet in area; (2) Home occupations, as defined by Section 25 . 12 .220; (3) Storage buildings not exceeding two hundred square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25 . 12 .430, shall be permitted; (4) The renting of rooms for lodging purposes only; provided, however, such accommodations shall not exceed two persons in a single-family dwelling. One off-street parking space, per roomer, must be provided in addition to the requirement set forth under Section 25 .78 . 170(5) ; (5) The keeping of dogs and cats, provided such number of animals does not exceed three dogs and three cats ; (6) Family day care homes in conformance with WAC 388-73 as now existing and as amended and Chapter 25 .66; (7) Accessory Dwellings . 25 .28 .040 CONDITIONAL USES . In addition to the unclassified uses listed in Chapter 25 . 86, the following uses may be permitted by special permit as provided in Chapter 25 .86 : ( 1 ) Churches and similar places of worship; R- 1 LOW DENSITY RESIDENTIAL DISTRICT - 25 .28 (2) Public libraries, and municipal office buildings; (3) Public and private schools, public parks and playgrounds ; (4) Fire department station houses ; (5) Private nursery school, preschool, child mini day care and day care center. 25 .28 .050 DEVELOPMENT STANDARDS ( 1 ) Minimum lot area: Seven thousand two hundred (7,200) square feet (2) Density: One dwelling unit per lot, except as provide in 25 .28 .030 (7) (3) Maximum Lot Coverage: Forty (40) percent (4) Minimum Yard Setbacks : a. Front: Twenty (20) feet b . Side : Five (5) feet c. Rear: Principal Building: Equal to the height of the dwelling Accessory structures. Accessory structures adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall be setback from the alley twenty (20) feet. Where there is no alley, the set back shall be five (5) feet. (5) Maximum building height: a. Principal building. Twenty-five (25) feet, except a greater height may be approved by special permit. b. Accessory buildings: Fifteen ( 15) feet (6) Fences and hedges : See Chapter 25 .76 (7) Parking: See Chapter 25 .78 (8) Landscaping: See Chapter 25 .76 30 CHAPTER 25.30 RFAH= 1 RESIDENTIAL FACTORY ASSEMBLED HOME DISTRICT Sections : 25 .30.010 Purpose 25 . 30.020 Permitted uses 25 .30.030 Permitted accessory uses 25 . 30.040 Permitted conditional uses 25 . 30.050 Development standards 25930.060 Minimum floor area 25 .30.070 Improvement value 25 . 30.080 Placement standards 25 . 30.010 PURPOSE. The Factory Assembled Home District, RFA4 is established to provide for residential areas which would be compatible for factory assembled homes and to prohibit the development of incompatible uses that are detrimental to the residential environment. It is to provide a zoning district for factory assembled homes on platted lots. Certain public facilities and institutions may also be permitted provided their nature and location are not detrimental to the intended residential environment. 25 . 30.020 PERMITTED USES . The following uses shall be permitted in the RFA-1 manufactured home district: ( 1 ) Factory assembled homes ; (2) One family dwellings (site built) ; (3 ) Nothing contained in this section shall be deemed to prohibit the uses of vacant property for gardening or fruit raising. 25 . 30.030 PERMITTED ACCESSORY USES . The following uses shall be permitted as accessory to a permitted use in the RFAH- 1 District, ( 1 ) Detached residential garages, as defined in Section 25 . 12 .200, provided they do not exceed fifteen feet in height and 1 ,000 square feet in area; (2) Home occupations, as defined in Section 25 . 12 .220; (3 ) Storage buildings not exceeding two hundred square feet of gross floor area and fifteen feet in height; provided no container storage, as define in Section 25 . 12 .430, shall be permitted; (4) The renting of rooms for lodging purposes only; provided, however, such accommodations shall not exceed two persons in a single-family dwelling. One off-street parking space, per roomer, must be provided in addition to the requirement set forth under Section 25 .78 . 170(5) ; (5) The keeping of dogs and cats, provided such number of animals does not exceed three dogs and three cats , RFAH- 1 RESIDENTIAL FACTORY ASSEMBLED HOME DISTRICT - 25 . 30 (6) Family day care homes in conformance with WAC 388-73 as now existing and as amended and Chapter 25 .66 ; (7) Accessory Dwellings. 25 . 30.040 CONDITIONAL USES . In addition to the unclassified uses listed in Chapter 25 . 86, the following uses may be permitted by special permit as provided in chapter 25 .86: ( 1 ) Churches and similar places of worship ; (2) Public libraries, and municipal office buildings ; (3) Public and private schools, public parks and playgrounds ; (4) Fire department station houses ; (5 ) Private nursery schools, preschool, child mini day care and day care centers. 25 . 30.050 DEVELOPMENT STANDARDS ( 1 ) Minimum lot area. Seven thousand two hundred (7,200) square feet (2) Density: One dwelling unit per lot, except as provided in 25 . 30.030 (7) (3) Maximum Lot Coverage: Forty (40) percent (4) Minimum Yard Setbacks : a. Front : Twenty (20) feet b . Side: Five (5) feet c. Rear: Principal Building: Equal to the height of the dwelling, but not less than ten ( 10) feet. Accessory structures . Accessory structures adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall be setback from the alley twenty (20) feet. Where there is no alley, the set back shall be five (5) feet. (5) Maximum building height: a. Principal building. Twenty-five (25) feet. b . Accessory buildings: Fifteen ( 15) feet (6) Fences and hedges : See Chapter 25 .76 (7) Parking : See Chapter 25 .78 (8) Landscaping: See Chapter 25 .76 25 . 30.050 MINIMUM FLOOR AREA. The minimum floor area of the primary living unit shall be one thousand square feet with a minimum width of 24 feet. 25 . 30.060 IMPROVEMENT VALUE. The value of site built dwellings must not be less than one hundred percent of the average assessed value, as determined by the records of the County Assessor, of improvements on other properties in the same and adjacent blocks. 32 RFAH- 1 RESIDENTIAL FACTORY ASSEMBLED HOME DISTRICT - 25 .30 25930.070 PLACEMENT STANDARDS . All factory assembled homes shall comply with the following placement standards . ( 1 ) Age Restrictions . All factory assembled homes shall not be more than five (5) years old as determined by the manufacturer date. (2) Foundations. All factory assembled homes shall be placed on foundation system following the requirements of Title 19. The foundation system shall be pit set. (3 ) Skirting. All factory assembled homes shall be skirted with material that will resemble a typical residential foundation. The required crawl space shall be vented per manufacturer' s specifications. (4) Wheels. All wheels , tongues, and other transportation equipment must be removed from the factory assembled home when placed upon a lot. (5) Additions . No additions shall be built or attached to any factory assembled home except under the following conditions: (a) The exterior siding of additions shall match the exterior siding of the factory assembled home in shape, color and texture. (b) All windows, doors, soffits, facia and trim on additions shall match in appearance the same items on the factory assembled home. (c) The roof pitch and covering shall match the roof pitch and covering of the factory assembled home. (d) Additions will not be permitted on any manufactured home which contains less than 1 ,000 square feet unless said home existed on the same lot prior to December of 1995 . 33 CHAPTER 25 .32 RFAH= 1A RESIDENTIAL FACTORY ASSEMBLED HOME DISTRICT Sections : 250320010 Purpose 25 .31020 Permitted uses 25 . 31030 Permitted accessory uses 2531040 Permitted conditional uses 25 . 32.050 Development standards 25 .32.050 Minimum floor area 25932.060 Improvement value 25 .329070 Placement standards 25 .32.010 PURPOSE. The RFAH4A Residential Factory Assembled Home District is established to provide for residential areas which would be compatible for factory assembled homes and to prohibit the development of incompatible uses that are detrimental to the residential environment. It is to provide a zoning district for factory assembled homes on platted lots . Certain public facilities and institutions may also be permitted provided their nature and location are not detrimental to the intended residential environment. 25 .32 .020 PERMITTED USES . The following uses shall be permitted in the RFA-lA manufactured home district: ( 1 ) Factory assembled homes; (2) One family dwellings (site built) ; (3) Nothing contained in this section shall be deemed to prohibit the uses of vacant property for gardening or fruit raising. 25 . 32.030 PERMITTED ACCESSORY USES . The following uses shall be permitted as accessory to a permitted use in the RFAH- lA District; ( 1 ) Detached residential garages, as defined in Section 25 . 12.200, provided they do not exceed fifteen feet in height and 1 ,000 square feet in area; (2) Home occupations, as defined in Section 25 . 12.220; (3) Storage buildings not exceeding two hundred square feet of gross floor area and fifteen feet in height; provided no container storage, as define in Section 25 . 12 .430, shall be permitted; (4) The renting of rooms for lodging purposes only; provided, however, such accommodations shall not exceed two persons in a single-family dwelling. One off-street parking space, per roomer, must be provided in addition to the requirement set forth under Section 25 .78 . 170(5) ; (5) The keeping of dogs and cats, provided such number of animals does not exceed three dogs and three cats ; RFAH- IA RESIDENTIAL FACTORY ASSEMBLED HOME DISTRICT - 25 .32 (6) Family day care homes in conformance with WAC 388-73 as now existing and as amended and Chapter 25 .66 ; (7) Accessory dwellings. 25 . 32.040 CONDITIONAL USES . In addition to the unclassified uses listed in Chapter 25 . 86, the following uses may be permitted by special permit as provided in Chapter 25 . 86 : ( 1 ) Churches and similar places of worship ; (2) Public libraries, and municipal office buildings ; (3 ) Public and private schools, public parks and playgrounds ; (4) Fire department station houses ; (5 ) Private nursery schools, preschool, child mini day care and day care centers . 25 .32.050 DEVELOPMENT STANDARDS ( 1 ) Minimum lot area: Seven thousand two hundred (7 ,200) square feet (2) Density: One dwelling unit per lot, except as provided in 25 .32.030 (7) (3) Maximum Lot Coverage: Forty (40) percent (4) Minimum Yard Setbacks : a. Front: Twenty (20) feet b . Side : Five (5) feet c. Rear: Principal Building: Equal to the height of the dwelling, but not less than ten ( 10) feet. Accessory structures. Accessory structures adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel to the alley. Where there is no alley the set back shall be five (5) feet. Garages with vehicle doors parallel to an alley shall be setback from the alley twenty (20) feet. (6) Maximum building height: a. Principal building. Twenty-five (25) feet. b. Accessory buildings: Fifteen ( 15) feet (7) Fences and hedges : See Chapter 25 .76 (8) Parking: See Chapter 25 .78 (9) Landscaping: See Chapter 25 .76 25 .32 .060 MINIMUM FLOOR AREA. The minimum floor area of the primary living unit shall be 864 square feet. 25 . 32 .070 IMPROVEMENT VALUE . The value of site built dwellings must not be less than one hundred percent of the average assessed value, as determined by the records of the County Assessor, of improvements on other properties in the same and adjacent blocks. 35 RFAH- IA RESIDENTIAL FACTORY ASSEMBLED HOME DISTRICT - 25 .32 25 . 31080 PLACEMENT STANDARDS . All factory assembled homes shall comply with the following placement standards. ( 1 ) Age Restrictions. All factory assembled homes shall not be more than ten years old as determined by the manufacturer date. (2) Foundations. All factory assembled homes shall be placed on a foundation system following the requirements of Title 19. (3) Skirting. All factory assembled homes shall be skirted with material that will resemble a typical residential foundation. The required crawl space shall be vented per manufacturer' s specifications. (4) Wheels . All wheels, tongues, and other transportation equipment must be removed from the factory assembled home when placed upon a lot. (5) Additions. No additions shall be built or attached to any factory assembled home except under the following conditions: (a) The exterior siding of additions shall match the exterior siding of the factory assembled home in shape, color and texture. (b) All windows, doors, soffits, facia and trim on additions shall match in appearance the same items on the factory assembled home. (c) The roof pitch and covering shall match the roof pitch and covering of the factory assembled home. (d) Additions will not be permitted on any manufactured home which contains less than 864 square feet unless said home existed on the same lot prior to June of 1996. 36 CHAPTER 25 .34 R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT Sections : 25 . 340010 Purpose 25349020 Permitted uses 2534.030 Permitted accessory uses 25 . 34.040 Conditional uses 25 .34.050 Development standards 25 .34.010 PURPOSE. The R-2 district is established to provide a medium density residential environment. Lands within this district generally should contain multiple unit residential structures of a scale compatible with structures in lower density districts with useful yard spaces . The R-2 district is intended to allow for a gradual increase in density from low density residential districts and, where compatible, can provide a transition between different use areas . 25 . 34.020 PERMITTED USES . The following uses shall be permitted in the R-2 district: ( 1 ) One-family dwellings ; (2) Two-family dwellings ; (3 ) Multiple dwellings , (4) Nothing contained in this section shall be deemed to prohibit the uses of vacant property for gardening or fruit raising. 25 . 34.030 PERM=D ACCESSORY USES . The following uses shall be permitted as accessory to a permitted use in the R-2 district: ( 1 ) Detached single family residential garages, as defined in Section 25 . 12 .200, provided they do not exceed fifteen feet in height and 1 ,000 square feet in area; (2) Home occupations as defined by Section 25 . 12.220; (3) Storage buildings not exceeding two hundred square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25 . 12 .430, shall be permitted; (4) The keeping of dogs and cats provided such number of animals does not exceed three dogs and three cats ; (5 ) Family day care homes in conformance with WAC 388-73 as now existing and as amended and Chapter 25 .66 , (6) The renting of rooms for lodging purposes only; provided, however, such accommodations shall not exceed two persons in a single family dwelling. One off-street parking space per roomer must be provided in addition to the requirement set forth under Section 25 . 84. 170(5) ; (7) Accessory dwellings in single family homes . R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT- 25 .34 25 . 34.040 CONDITIONAL USES . In addition to the unclassified uses listed in Chapter 25 . 86 , the following uses may be permitted by special permit as provided in Chapter 25 . 86: ( 1 ) Churches and similar places of worship; (2) Public libraries , and municipal office buildings ; (3 ) Public and private schools, public parks and playgrounds; (4) Fire department station houses; (5 ) Private nursery school, preschool, child mini day care and day care center. 2534.050 DEVELOPMENT STANDARDS ( 1 ) Minimum lot area: Five thousand (5 ,000) square feet (2) Density: One dwelling per 5 ,000 square feet of lot area except as provided in 25 .34.030 (7) (3) Maximum Lot Coverage : Forty (40) percent (4) Minimum Yard Setbacks : a. Front: Twenty (20) feet b. Side: Five (5) feet c. Rear: Principal Building: Equal to the height of the dwelling Accessory structures . Accessory structures adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall be setback from the alley twenty (20) feet. Where there is no alley the set back shall be five (5) feet. (5 ) Maximum building height: a. Principal building. Twenty-five (25) feet, except a greater height may be approved by special permit. b . Accessory buildings: Fifteen ( 15) feet (6) Fences and hedges : See Chapter 25 .76 (7) Parking: See Chapter 25 .78 (8) Landscaping: See Chapter 25 .76 38 CHAPTER 25 .36 R=3 MEDIUM DENSITY RESIDENTIAL DISTRICT Sections : 25 . 369010 Purpose 2536.020 Permitted uses 25 . 36 .030 Permitted accessory uses 25 .36 .040 Conditional uses 259369050 Development standards 25 . 36.010 PURPOSE. The R-3 district is established to provide a medium density residential environment. Lands within this district generally contain multiple-unit residential structures of a scale compatible with the structures in low density districts and with useful yard spaces. The R-3 district is intended to allow for a gradual increase in density from lower density residential districts and, where compatible, can provide a transition between different use areas. 25 . 36.020 PERMITTED USES . The following uses shall be permitted in the R-3 district: ( 1 ) One-family dwelling; (2) Two-family dwellings; (3) Multiple dwellings ; (4) Nothing contained in this section shall be deemed to prohibit the uses of vacant property for gardening or fruit raising. 25 .36.030 PERMITTED ACCESSORY USES . The following uses shall be permitted as accessory to a permitted used in the R-3 district. ( 1 ) Detached single family residential garages, as defined in Section 25 . 12 .200, provided they do not exceed fifteen feet in height and 1 ,000 square feet in area; (2) Home occupations as defined by Section 25 . 12.220; (3) Storage buildings not exceeding two hundred square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25 . 12 .430, shall be permitted; (4) The keeping of dogs and cats, provided such number of animals does not exceed three dogs and three cats ; (5) Family day care homes in conformance with WAC 388-73 as now existing and as amended and Chapter 25 .66; (6) The renting of rooms for lodging purposes only, provided such accommodations shall not exceed two persons in a single-family dwelling. One off-street parking space per roomer must be provided in-addition to the requirement set forth under Section 25 .78 . 170(5 ) ; (7) Accessory dwellings in single family homes. 25 .36.040 CONDITIONAL USES . In addition to the unclassified uses listed in Chapter 25 . 86, the following uses may be permitted by special permit as provided in Chapter 25 . 86 : R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT - 25 .36 ( 1 ) Churches and similar places of worship ; (2) Public libraries, and municipal office buildings ; (3 ) Public and private schools, public parks and playgrounds ; (4) Fire department station houses; (5) Private nursery school, preschool, child mini day care and child day care center. 25 . 36.050 DEVELOPMENT STANDARDS ( 1 ) Minimum lot area: Five thousand (5 ,000) square feet (2) Density: One dwelling unit per 5 ,000 square feet of lot area for single family dwellings and 3 ,000 square feet of lot area for multiple family dwellings (3 ) Maximum Lot Coverage : Sixty (60) percent (4) Minimum Yard Setbacks: a. Front: Twenty (20) feet b . Side: Five (5) feet c . Rear: Principal Building: Equal to the height of the dwelling Accessory structures. Accessory structures adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall be setback from the alley twenty (20) feet. Where there is no alley, the set back shall be five (5) feet. (5) Maximum building height: a. Principal building: Thirty-five (35 ) feet, except a greater height may be approved by special permit. b . Accessory buildings : Fifteen ( 15) feet (6) Fences and hedges : See Chapter 25 .76 (7) Parking: See Chapter 25 .78 (8) Landscaping: See Chapter 25 .76 40 CHAPTER 25 .38 R=4 HIGH DENSITY RESIDENTIAL DISTRICT Sections : 25 .38 .010 Purpose 2538 .020 Permitted uses 2538 .030 Permitted accessory uses 2538 .040 Conditional uses 25 .38 .050 Development Standards 25 . 38 .010 PURPOSE, The R-4 district is established to provide a high density residential environment. Lands within this district generally should contain multi-family structures. Lands within the R-4 district should generally be located along arterial streets and near shopping areas in order to provide a transition between commercial areas and lower density residential areas. 25 . 38 .020 PERMITTED USES . The following uses shall be permitted within the R-4 district. ( 1 ) One-family dwellings; (2) Two-family dwellings; (3) Multiple dwellings; (4) Nothing contained in this section shall be deemed to prohibit the uses of vacant property for gardening or fruit raising. 25 . 38 .030 PERMITTED ACCESSORY USES . The following uses shall be permitted as accessory to a permitted use in the R4 district. ( 1 ) Detached single family residential garages, as defined in Section 25 . 12 .200, provided they do not exceed fifteen feet in height and 1 ,000 square feet in area; (2) Home occupations as defined by Section 25 . 12.220; (3) Storage buildings not exceeding two hundred square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25 . 12 .430, shall be permitted; (4) The keeping of dogs and cats, provided such number of animals does not exceed three dogs and three cats ; (5) Family day care homes in conformance with WAC 388-73 as now existing and as amended and Chapter 25 .66; (6) The renting of rooms for lodging purposes only, provided such accommodations shall not exceed two persons in a single-family dwelling. One off-street parking space per roomer must be provided in addition to the requirements set forth under Section 25 .78 . 170(5); (7) Accessory dwellings in single family homes . 25 . 38 .040 CONDITIONAL USES . In addition to the unclassified uses listed in Chapter 25 . 86, the following uses may be permitted by special permit as provided in Chapter 25 .86: i R-4 HIGH DENSITY RESIDENTIAL DISTRICT - 25 .38 ( 1 ) Churches and other places of worship ; (2) Public libraries and municipal office buildings; (3 ) Public and private schools, public parks and playgrounds ; (4) Fire department station houses ; (5) Private nursery school, preschool, child mini day care and child day care center. 25 . 38 .050 DEVELOPMENT STANDARDS ( 1 ) Minimum lot area: Five thousand (5 ,000) square feet (2) Density: One dwelling unit per 5 ,000 square feet of lot area for single family dwellings and 1 ,500 square feet of lot area for multiple family dwellings (3) Lot Coverage: Sixty (60) percent (4) Minimum Yard Setbacks: (a) Front: Twenty (20) feet (b) Side : Five (5) feet (c) Rear: Principal Building: Equal to the height of the dwelling Accessory structures. Accessory structures adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall be setback from the alley twenty (20) feet. Where there is no alley, the set back shall be five (5) feet. (5) Maximum building height: (a) Principal building. Thirty-five (35) feet, except a greater height may be approved by special permit. (b) Accessory buildings: Fifteen ( 15) feet (6) Fences and hedges : See Chapter 25 .76 (7) Parking: See Chapter 25 .78 (8) Landscaping: See Chapter 25 .76 42 CHAPTER 25 .40 RMHP MOBILE HOME PARK DISTRICT Sections : 25040.010 Purpose 25 .40.020 Permitted uses 25 .40.030 Permitted accessory uses 25 .406040 Conditional uses 25 .40.050 Development standards 25 .406060 Minimum requirements 25 .40.010 PURPOSE . The RMHP mobile home district is established to provide for medium density residential areas which would be compatible for the development of mobile home parks, and to prohibit the development of incompatible uses that are detrimental to the residential character. It is also to provide protection from hazards, objectionable influences, building congestion and lack of light, air and privacy. Certain essential and compatible public service facilities and institutions are permitted in this district. 25 .40.020 PERMITTED USES . The following uses shall be permitted in the RMHP mobile home park district: ( 1 ) Mobile home parks which are licensed for the placement of individual residential mobile homes within the approved park boundaries and subject to the standards as set forth in this chapter and Title 19 ; (2) Community recreation facilities, clubhouse, park office, laundry, storage and similar uses appurtenant to the mobile home park residents only. 25 .40.030 PERMITTED ACCESSORY USES . The following uses shall be permitted as accessory in the RMHP mobile home park district: ( 1 ) Accessory uses and structures incidental to the convenience needs within the park and related to any permitted use; provided no container storage, as defined in Section 25 . 12 .430, shall be permitted; (2) All accessory buildings shall be constructed in conformance with the City building code and placed upon the individual site in accordance with the required dimensional regulations of this zone; (3) Family day care homes in conformance with WAC 388-73 as now existing and as amended and Chapter 25 . 66 ; (4) The keeping of dogs and cats, provided such number of animals does not exceed three dogs and three cats. 25 .40.040 CONDITIONAL USES . The following uses are permitted subject to approval of a special permit as provided in Chapter 25 . 86 : ( 1 ) Home occupations, as defined in Section 25 . 12.220; (2) Public and quasi-public uses related to the district; RMHP MOBILE HOME PARK DISTRICT - 25 .40 (3 ) Private nursery school, preschool, child mini-day care and child day care center. 25 .40.050 DEVELOPMENT STANDARDS ( 1 ) Minimum lot area: Five thousand (5 ,000) square feet per unit. (2) Minimum park size: Five acres. (3 ) Lot Coverage : Fifty (50) percent. (4) Minimum Yard Setbacks : (a) No individual mobile home site shall be closer than twenty (20) feet to any park boundary or street right-of-way nor closer than ten ( 10) feet to an interior private street except that the setback dimension may be reduced by half if a solid fence or wall is provided at the park boundary or street right-of-way. (b) There shall be a minimum side-to-side dimension of twenty feet between mobile homes and a minimum end-to-end dimension of ten feet between mobile homes. (c) Accessory structures. There shall not be less than ten feet between any mobile home and any detached carport. (5) Maximum building height. (a) Principal building. Twenty-five (25) feet, except a greater height may be approved by special permit. (b) Accessory buildings : Fifteen ( 15) feet (6) Fences and hedges: See Chapter 25 .76 (7) Parking: See Chapter 25 .78 (8) Landscaping: See Chapter 25 .76 25 .40.060 MINIMUM REQUIREMENTS . ( 1 ) No recreational vehicle sites for occupancy purposes shall be permitted within any mobile home park. A suitable area shall be provided and fenced for the storage only of recreational vehicles, boat trailers or other similar recreational devices . (2) Development and other minimum requirements for mobile home parks are provided in Title 19. 44 CHAPTER 25.41 "O" OFFICE DISTRICT Sections : 25 .41 .010 Purpose 25 .41 .020 Permitted uses 25 .41 .030 Permitted accessory uses 25 .41 .040 Conditional uses 25 .41 .050 Development standards 25 .41 .010 PURPOSE. The purpose of the office district is to provide areas of adequate size and appropriate locational characteristics for the development and operation of professional and administrative offices and certain complementary uses. It is further intended that this district serve as a buffer or transition between residential districts and commercial districts. 25 .41 .020 PERMITTED USES . The following uses shall be permitted in the office district: ( 1 ) Administrative and professional offices, such as lawyers, engineers, real estate, accountants and insurance offices ; (2) Medical and dental offices ; (3) Museums and art galleries ; (4) Governmental office, excluding police and fire stations ; (5 ) Funeral homes. 25 .41 .030 PERMITTED ACCESSORY USES . Incidental sales and services, such as food service, pharmacies and retail sales to serve occupants and patrons of an established principal use, provided the accessory use is conducted within the principal building. 25 .41 .040 CONDITIONAL USES . The following uses are permitted subject to the approval of special permit as provided in Chapter 25 . 80: ( 1 ) Police and fire stations; (2) Churches and similar places of worship; (3) Private nursery school, preschool, child mini-day care and child day care center; (4) Dwelling units, provided the units are within the principal building, are all above the ground floor of said building, and the ground floor of said building is designed or intended to be used for a principally permitted use; (5) Container Storage, as defined in Section 25 . 12.430. "O" OFFICE DISTRICT- 25 .41 25 .41 .050 DEVELOPMENT STANDARDS . ( 1 ) Minimum Lot Area: Not required, except for nonconforming residential uses which must retain a minimum of five thousand square (5 ,000) feet for single family and three thousand (3 ,000) square feet for each additional unit. (2) Lot Coverage : Dictated by parking requirements, setbacks and landscaping. (3) Minimum Yard Setbacks: (a) Front: Fifteen ( 15) feet, except where adjoining a residential district in which case 25 .74.030 shall prevail. (b) Side: Five (5) feet except where adjoining a residential district in which case 25 .74.030 shall prevail (c) Rear: None required, except where adjoining a residential district in which case 25 .74.030 shall prevail (4) Maximum Building Height: (a) Thirty-five (35) feet, except a greater height may be approved by special permit. (5) Fences and Hedges: See Chapter 25 .76 (6) Parking: See Chapter 25 .78 (7) Landscaping: See Chapter 25 .76 46 CHAPTER 25 .42 C = 1 RETAIL BUSINESS DISTRICT Sections : 25 .42.010 Purpose 25 .42.020 Permitted uses 25941030 Permitted accessory uses 25941040 Permitted conditional uses 25041050 Development standards 25 .42.010 PURPOSE. The C4 Retail Business district is established to provide for the location of commercial activities outside the central business district that meet the retail shopping and service needs of the community. 25 .42.020 PERMITTED USES . The following uses shall be permitted in the C4 district: ( 1 ) Auto Detail Shops ; (2) Banks ; (3) Dancing schools ; (4) Hotels and motels ; (5) Printing shops; (6) Restaurants ; (7) Stores and shops for the conduct of retail business ; (8) Stores and shops for repair and similar services such as : (a) Bakeries, retail for distribution from the premises , (b) Barbershops and beauty shops, (c) Catering establishments, (d) Garage and filing stations, provided: (i) No repair work is performed out-of-doors, (ii) Pumps, lubrication or other devices are located at least fifteen feet from any street property line, and (iii) All automobile parts and dismantled automobiles are stored within the building, except outdoor display racks. (e) Laundromats and dry-cleaning establishments employing not more than five persons, (f) Locksmith shops, (g) Offices, (h) Membership clubs, (i) Photo shops, C- 1 RETAIL BUSINESS DISTRICT - 25 .42 (j ) Shoe repair shops, (9) Sign shops , commercial (no outdoor storage of materials) ; ( 10) Theaters. ( 11 ) Veterinarian clinics for household pets (no boarding or outdoor treatment facilities) ; ( 12) Upholstery shops; ( 13) Parking lots within 500 feet of a C-2 district boundary, provided such lots are paved and half of the required landscape is live vegetation and, provided further, that any such property adjacent a residential zoned parcel shall provide a site obscuring fence along the common lot line(s) in accordance with residential fence height requirements; 25 .42.030 PERMITTED ACCESSORY USES . Accessory uses and accessory buildings are permitted in the C-1 district as defined under Sections 25 . 12.020 and 25 . 12. 115 . 25 .42.040 PERMITTED CONDITIONAL USES . The following uses are permitted subject to the approval of a special permit: ( 1 ) Dwelling units , provided the units are within the principal building, are all above the ground floor of said building, and the ground floor of said building is designed or intended to be used for a use permitted in Section 25 .42.010. However, a building originally constructed on-site for residential purposes may be utilized as a dwelling unit without a special permit provided: (a) The structure does not have to be reconstructed, altered or converted from an office/commercial use such that the cost of the alteration exceeds 25 % of the assessed value of the structure at the time of the alteration. (2) Retail automobile sales, including rental or lease, provided the property is : (a) Adjacent the intersection of two arterial streets; or (b) Adjacent a single arterial street; provided it is not adjacent to or across a public street right-of--way from a residential district, and would not be located closer than 300 feet to any existing car lot. (3) Parking lots ; (4) Container Storage defined under 25 . 12.430 (5) Mini-storage facilities defined under 25 . 12 . 310. (6) Wineries defined under 25 . 12.480. 25 .42 .050 DEVELOPMENT STANDARDS ( 1 ) Minimum lot area: Not required, except for non conforming residential uses which must retain a minimum of five thousand square (5 ,000) feet for single family and three thousand (3 ,000) square feet for each additional unit. (2) Lot Coverage: Dictated by parking requirements, setbacks and landscaping. (3) Minimum Yard Setbacks : 48 C- I RETAIL BUSINESS DISTRICT - 25 .42 (a) Front: Fifteen ( 15) feet, except where adjoining a residential district in which case 25 .74.030 shall prevail. (b) Side : None required, except where adjoining a residential district in which case 25 .74.030 shall prevail. (c) Rear: None required, except where adjoining a residential district in which case 25 .74.030 shall prevail (4) Maximum building height: (a) Thirty-five (35) feet, except a greater height may be approved by special permit (6) Fences and hedges: See Chapter 25 .76 (7) Parking: See Chapter 25 .78 (8) Landscaping: See Chapter 25 .76 49 CHAPTER 25 .44 C-2 CENTRAL BUSINESS DISTRICT Sections . 258449010 Purpose 25449020 Permitted uses 25 .44 .030 Permitted accessory uses 259440040 Conditional uses 25 .44.050 Prohibited uses 25 .44.010 PURPOSE. The C-2 Central Business District is established to promote the centralization of business and reinforce a positive public image and confidence in commercial revitalization, within a compact commercial area having primarily common-wall building construction. Such construction offers the unique opportunity within the Pasco Urban Area to cluster together types of retail business and retail services which functionally interact well together, and will economically fare better, as a result of close proximity by cumulatively attracting more persons than as individual destination points . It is intended that the commercial clustering concept be fostered by emphasizing pedestrian access and circulation within the district, in a manner which is healthy, safe, uninhibited and convenient for employees and visitors of all ages. Public and private off-street parking shall be located to encourage the transition from automobile to pedestrian movement. On- street parking should be shared by vicinity businesses and be oriented to short duration convenience parking for customers in the vicinity. In order to preserve the public health, safety and welfare in central business district redevelopment, protect public and private investment in property and infrastructure improvements and stabilize declining property values, certain uses of the land may be restricted or prohibited. 25 .44.020 PERMITTED USES . The following uses shall be permitted in the C-2 district: ( 1 ) Artist and office supplies ; (2) Bakeries ; (3) Banks and financial institutions , (4) Barber and beauty shops; (5) Bookstores, except adult bookstores ; (6) Clothing, shoes and accessories, and costume rentals ; (7) Crafts, stationary and gift shops ; (8) Department stores ; (9) Fresh and frozen meats, including seafood; ( 10) Florists ; ( 11 ) Furniture and home appliance stores; ( 12) Galleries for art and restored or refinished antiques ; ( 13) Hardware and home improvement stores; C-2 CENTRAL BUSINESS DISTRICT DISTRICT - 2544 ( 14) Import shops ; ( 15) Jewelry and gem shops, including custom work; ( 16) Offices for medical and professional services , ( 17) Restaurants, sandwich shops, cafeterias and delicatessens ; ( 18) Sporting goods , ( 19) Tailoring and seamstress shops ; (20) Theaters for movies and performances, except adult theaters; (21 ) Public markets for fresh produce and craft work; (22) Parking lots ; (23) Micro-breweries and micro-wineries ; (24) Research, development and assembly facilities for component devices and equipment of an electrical, electronic or electromagnetic nature, (25) Home brewing and/or wine making equipment sales. 25 .449030 PERMITTED ACCESSORY USES . The following accessory uses and buildings, as respectively defined in Sections 12. 12.020 and 12. 12. 145 , shall be permitted in the C-2 district: ( 1 ) Parking lots ; (2) Alcoholic beverage sales provided it is for on-site consumption and located within a restaurant; (3 ) Other uses clearly incidental or secondary to a principal use ; (4) Beer/wine beverage sales for on-site and off-site consumption provided the product is produced on-site in a micro-brewery and/or micro-winery. (5) Sales of micro-brewery products and non-fortified wines for off-site consumption provided such sales are in conjunction with an establishment selling predominately, based upon floor area, home brewing and/or wine making equipment as permitted in Section 25 .44.020. 25 .44.040 CONDITIONAL USES . The following uses are permitted subject to the approval of a special permit: ( 1 ) Dwelling units, provided the units are within the principle building, are all above the ground floor of said building, and the ground floor of said building is designed or intended to be used for a use permitted in Section 25 .44.010; (2) Container Storage, as defined in Section 25 . 12 .430, authorized in accordance with Section 25 . 86 . 25 .44.050 PROHIBITED USES . Evidence received by the Planning Commission and contained in previous studies and Pasco Police Crime Reports demonstrates that certain uses make the Central Business District less desirable or attractive to the public due to a demonstrated history of contribution to general public disorder, loitering, nuisance and other acts detrimental to the public 51 C-2 CENTRAL BUSINESS DISTRICT DISTRICT - 25 .44 image of the area. Certain other uses provide entirely, or predominately, automobile services and, thereby, do not foster the clustering concept intended to attract pedestrian visitors . Other uses may, by their inherent nature, require a disproportionate amount of the limited vicinal on-street parking, for an extended time, which is intended to be available and shared by all business for the short duration convenience of customers. The following listed businesses, for the reasons above, inhibit new business growth, contribute to business loss and decline of property values, inhibit convenient access to vicinal businesses, do not foster the clustering concept intended to orient the business environment to pedestrians, or perpetuate a public image which is undesirable or unattractive and detrimental to public and private investment in revitalization efforts and, therefore, are prohibited within the C-2 district. ( 1 ) Gasoline and service stations, automobile services or repair, except tire stores , (2) Outdoor storage of goods or materials ; (3) Membership clubs; (4) Taverns; (5) Billiard and pool halls ; (6) Amusement game centers ; (7) Pawn shops ; (8) Card rooms, bingo parlors, dance halls and similar places ; (9) Adult theaters, adult bookstores , tattoo parlors, bathhouses and massage parlors ; ( 10) Community service facilities. ( 11 ) Secondhand dealers. Similar or like uses although not specifically listed are also prohibited; ( 12) Adult Business Facilities . 25 .44.060 DEVELOPMENT STANDARDS ( 1 ) Minimum lot area: Not required except for non conforming residential uses which must retain a minimum of five thousands (5 ,000) square feet for single family and three thousand (3 ,000) square feet for each additional unit. (2) Lot Coverage: No requirement. (3) Minimum Yard Setbacks : (a) Front : None required except where adjoining a residential district in which case 25 .76.030 shall prevail. (b) Side: None required except where adjoining a residential district in which case 25 .76 .030 shall prevail . 3 . Rear: None required except where adjoining a residential district in which case 25 .76.030 shall prevail. (4) Maximum building height: 52 C-2 CENTRAL BUSINESS DISTRICT DISTRICT - 25 .44 (a) Forty-five (45) feet. except a greater height may be approved by special permit. (6) Fences and hedges : See Chapter 25 .76 (7) Parking: None required (8) Landscaping: None required except as provided in 25 .76 53 CHAPTER 25.46 C =3 GENERAL BUSINESS DISTRICT Sections : 25 .46.010 Purpose 25 .46.020 Permitted uses 25 .469030 Permitted accessory uses 25 .46 .040 Permitted conditional uses 25 .46 .050 Development standards 25 .46 .010 PURPOSE. The C-3 General Business district is established to provide sites for more diversified business types, including non-retail commercial and business uses which are primarily related to automotive rather than pedestrian traffic This district is typically located adjacent major traffic arterials . 25 .46 .020 PERMITTED USES . The following uses shall be permitted in the C-3 district: ( 1 ) All uses permitted in the C- 1 business district; (2) Service stations ; (3 ) Laundry; (4) Express office; (5) Wholesale business ; (6) Heavy machinery sales and service; (7) Warehouse; (8 ) Landscape gardening and storage area for equipment and materials ; (9) Automobile sales and service; ( 10) Mobile home and trailer sales and service; ( 11 ) Lumber sales business ; ( 12) Veterinarian clinics for household pets (including indoor boarding facilities) ; ( 13) Parking lots within 500 feet of a C-2 district boundary provided, such lots are paved and the development complies with the landscape and fencing requirements of the C- 1 district, as enumerated in subsection 25 .42.020( 13) . 25 .46 .030 PERMITTED ACCESSORY USES . Accessory buildings and accessory uses shall be permitted as defined under Sections 25 . 12.020 and 25 . 12. 115 . 25 .46 .040 PERMITTED CONDITIONAL USES . The following uses may be permitted in the C-3 district upon approval of a special permit as provided for in Chapter 25 . 86: ( 1 ) Veterinarian clinics for livestock, including outdoor treatment facilities, provided all boarding or overnight holding of animals occurs indoors. (2) Auto body shops. C-3 GENERAL BUSINESS DISTRICT - 25 .46 (3) Parking lots . 25 .46.050 DEVELOPMENT STANDARDS ( 1 ) Minimum lot area: Not required except for non conforming residential uses which must retain a minimum of five thousand (5 ,000) square feet for single family and three thousand (3 ,000) square feet for each additional unit. (2) Lot Coverage : Dictated by parking requirements, setbacks and landscaping. (3) Minimum Yard Setbacks : (a) None required except by 25 .76 and 25 .78 and except where adjoining a residential district in which case 25 .74.030 shall prevail. (4) Maximum building height: (a) Forty-five (45) feet, except a greater height may be approved by special permit. (5) Fences and hedges : See Chapter 25.76 (6) Parking: See Chapter 25 .78 (7) Landscaping: See Chapter 25 .76 55 CHAPTER 25.48 C-R REGIONAL COMMERCIAL DISTRICT Section: 25948 .010 Purpose 25 .489020 Permitted uses 25 .48 .030 Permitted accessory uses 25 .480040 Permitted conditional uses 259489050 Development standards 25 .48 .010 PURPOSE. The C-R Regional Commercial District is established to provide a district in which the primary land use is for commercial and service uses to serve the needs of people living in the entire region and to serve as a place of employment in a regional setting. This district is intended to be located near major highway interchanges. 25 .48 .020 PERMITTED USES . The following uses shall be permitted in the C-R district: ( 1 ) All uses in the C- 1 district (25 .42.010) ; (2) Auto sales and service; (3) RV sales and service ; (5) Amusement, game and recreation center; (6) Golf driving range ; (7) Theaters. 25 .48 .030 PERMITTED ACCESSORY USES . Accessory buildings and accessory uses shall be permitted as defined under Sections 25 . 12 .020 and 25 . 12 . 115 . 25 .48 .050 DEVELOPMENT STANDARDS . ( 1 ) Minimum lot area: 1 acre (2) Lot Coverage: Dictated by parking requirements, setbacks and landscaping. (3 ) Minimum Yard Setbacks : (a) Front: 15 feet. One hundred percent of the front setback shall be landscaped in accordance with Chapter 25 .76 . (b) Side : None required except where adjoining a residential district in which case 25 .74 .030. shall prevail. (c) Rear: None required except where adjoining a residential district in which case 25 .74.030 shall prevail. C-R REGIONAL COMMERCIAL DISTRICT - 25 .48 (4) Maximum building height: (a) Forty-five (45) feet except a greater height may be approved by special permit. (5) Fences and hedges : See Chapter 25 .76 (6) Parking: See Chapter 25 .78 (7) Landscaping: See Chapter 25 .76 57 CHAPTER 25.50 BP BUSINESS PARK DISTRICT Sections : 25 .500010 Purpose 25 .50.020 Permitted uses 25 .50.030 Permitted accessory uses 25 .50.040 Conditional uses 25950.050 Prohibited uses 25 .50.060 Development standards 25950.070 Site plan approval 25 .50.010 PURPOSE. The purpose of the Business Park District is to provide for and encourage the development of business parks that are established in a campus like setting with landscaping and architectural amenities that create a sense of place and an esthetically attractive urban development. It is intended that the business park district provide for the grouping and clustering of professional offices, commercial uses, non hazardous research and development facilities and high technology manufacturing that functionally interact well together. Development standards of this district are intended to provide compatibility with and protection to surrounding residential and commercial properties by minimizing traffic congestion, noise, glare, vibration, odors, airborne particulate, and toxic substances . Sites within this district should have primary access to or be functionally convenient to principal arterials . 25 .50.020 PERMITTED USES . The following uses shall be permitted in the business park district: ( 1 ) Administrative professional and business offices ; (2) Research laboratories and facilities ; (3 ) Testing laboratories and facilities ; (4) Research and Development facilities for the creation of prototypes ; (5 ) Manufacturing assembly testing and repair of component devices, equipment and systems of an electrical, electronic or electromagnetic nature ; (6) Manufacture testing, repair and assembly of optical devices, equipment and systems ; (7) Manufacture testing, repair and assembly of testing equipment; (8) Pharmaceutical laboratory; (9) Blue printing, photocopying, photo engraving, and film processing; ( 10) Printing; ( 11 ) Manufacture of ceramic products using only previously culturized clay and using kilns fired only by electricity or gas ; ( 12) Manufacture of control devices and gauges ; ( 13) Industrial medical facilities ; ( 14) Cafeteria, restaurant. BP BUSINESS PARK DISTRICT - 25 .50 25 .50.030 PERMITTED ACCESSORY USES . The following accessory uses and buildings as respectively defined in Sections 25 . 12 .020 and 25 . 12. 115 shall be permitted in the Business Park District. ( 1 ) Retailing activities provided said activity does not occupy more than 35 % of any structure; (2) Warehousing provided said use does not occupy more than 35 % of any structure , (3) Auditoriums and conference facilities ; (4) Day care for family members of employees; (5) Above and below ground tank storage of critical material. Above ground tanks shall not exceed 20' in height and shall be painted a neutral color to match or compliment the principal building. Additionally, the first 7 feet of all ground tanks shall be screened by a solid masonry wall. 25 .50.040 CONDITIONAL USES . The following uses are permitted subject to the approval of a special permit: ( 1 ) Motels and Hotels ; (2) Business, professional, technical and trade schools; (3 ) Recreational areas and facilities. 25 . 50.050 PROHIBITED USES . The following uses shall be prohibited in the Business Park District: ( 1 ) Any outdoor manufacturing, testing, processing, or similar activities , (2) Outdoor storage except as provided in this section; (3 ) Outdoor sales ; (4) Residential uses including caretakers residences ; (5) On-site hazardous substance processing and handling or hazardous waste treatment and storage facilities unless clearly incidental and secondary to a permitted use. On-site hazardous waste facilities shall be subject to the state siting criteria 25 .50.060 DEVELOPMENT STANDARDS ( 1 ) Minimum lot area: No specific lot area is required, except the minimum area required for a business park zone shall be twenty-five (25) acres. Land immediately adjacent an existing business park zoning district may be added . to that district in increments of five acres. (2) Lot Coverage: Lot area coverage by buildings or structures shall not exceed fifty percent of the total lot area. (3 ) Minimum Yard Setbacks: (a) Front Yard: 50 feet. 59 BP BUSINESS PARK DISTRICT - 25 .50 (b) Side Yard: No requirements except where a business park lot abuts a residential district then the side yard shall be 30 feet or equal to the height of the building whichever is greater. (c) Rear Yard: 30 feet or equal to the height of the building, whichever is greater. (4) Maximum building height: (a) Forty-five (45) feet except a greater height may be approved by special permit. (6) Parking: All parking lots shall be improved with appropriate curbs for drainage control and to maintain landscaping areas. Parking lots shall be constructed of asphalt concrete or Portland cement concrete and shall contain canopy trees as provided in Section 25 .50.060 (7). (7) Landscaping: The landscaping provisions of this section shall supersede and take precedence over the landscape and screening provisions provided in Chapter 25 .76. (a) Fifteen percent of all lot areas shall be landscaped; (b) The twenty feet of front yard setback area nearest street rights-of-way shall be landscaped; (c) At least fifty percent of all building exteriors shall abut landscaped areas ; (d) Except for loading and unloading zones buildings shall be no closer than ten feet from a parking area; (e) For every thirty parking spaces within a parking lot, one large canopy tree (one and one half to two inch caliper at planting) shall be located within the parking lot; (f) No paving shall be permitted within four feet of the center of a tree at the time of planting; (g) Seventy percent of all landscaped areas shall contain live vegetation, said vegetation shall consist of a variety of shrubs, trees and ground covers ; (h) All landscaping shall be regularly maintained in good order and healthy conditions following good commercial landscaping maintenance practices ; (i) Loading and unloading dock areas shall be screened from adjoining properties and street rights-of--way with masonry walls and/or landscaping elements ; (j ) Rear and side yard setback areas immediately adjacent neighboring properties in a different district shall be treated with landscaped elements so as to create a visual buffer; (k) At least fifty percent of the required landscape area shall be visible from the street adjoining the lot. 60 BP BUSINESS PARK DISTRICT - 25 .50 (8) Loading And Unloading Docks: (a) Loading and unloading dock areas shall be screened as required in Section 25 .509060(7) . (b) Sufficient area shall be provided on-site to accommodate loading and unloading activities. Streets and street rights-of-way shall not be used for these purposes. (9) Roof Top Equipment: All roof top equipment shall be screened so as not to be visible from the horizontal plane of building roofs. ( 10) Outdoor Storage and Waste Disposal: (a) No outdoor storage shall be permitted in the business park zone unless such storage is entirely enclosed by building walls and/or a solid masonry wall not less than seven (7) feet in height. No materials stored behind the wall shall extend and be visible above the wall. (b) No materials or waste shall be deposited upon a property within the business park zone in such a form or manner that they may be transferred to other areas by natural causes or forces. (c) All waste material shall be stored in an enclosed area in proper containers and shall be accessible to service vehicles. ( 11 ) Signage : All signs advertising the business park and/or businesses located therein not affixed to buildings shall be ground signs, which blend with and complement landscaping and architecture. No roof signs, perpendicular to walls or freestanding pole signs are permitted. All wall signs shall not exceed ten ( 10) percent of wall areas in size. ( 12) Architecture: All structures shall be constructed so as to create a unique and distinct character for the business park. Building exteriors shall consist of various types of concrete, brick, stucco, glass, tile, wood products and composite materials. The materials are to be used so as to create character and relief to the buildings. Twenty (20) percent of a building's exterior may be constructed of baked enamel, sheet metal. 25650.070 SITE PLAN APPROVAL. Site plan approval by the Planning Director shall be a prerequisite for obtaining a building permit for any development within a business park district. All site plans shall illustrate the following: ( 1 ) Vicinity map; (2) Boundaries and dimensions of the property; (3) Locations of buildings and structures with existing and proposed location and layout of off-street parking, (4) Loading and unloading areas, location of walls and fencing indicating the height thereof; (5) Location of storage areas and refuse containers; (6) Location and size of signs, landscaping plan; 61 BP BUSINESS PARK DISTRICT - 25 .50 (7) Landscaping plan; (8) Indication of building height; (9) Proposed architectural treatment of buildings ; ( 10) Location and size of all existing and proposed utilities ; ( 11 ) Site drainage; 12) Access to public streets ; ( 13) Interior circulation proposal, including truck circulation for loading/unloading; ( 14) Adjacent public streets; ( 15) Acreage of site; ( 16) Indication of adjoining use. 62 CHAPTER 25.52 I= 1 LIGHT INDUSTRIAL DISTRICT Sections : 25 .52.010 Purpose 25 . 52.020 Permitted uses 250529030 Permitted accessory uses 25 . 52.040 Permitted conditional uses 25 .52.010 PURPOSE. The I- 1 Light Industrial District is established to preserve areas for industrial and related uses of such a nature that they do not create serious problems of compatibility with other kinds of land uses. Uses permitted in this district should not generate noise levels, light, odor or fumes that would constitute a nuisance or hazard. 25 .52 .020 PERMITTED USES . Uses permitted in the I-1 district shall be: ( 1 ) All uses permitted in the C-3 district, (2) Building material storage yard; (3 ) Trucking, express and storage yards ; (4) Contractor's plant or storage yards ; (5) Electrical central power station, (6) Laboratories, experimental ; (7) Automotive assembly and repair; (8) Creamery, bottling, ice manufacture and cold storage plant; (9) Blacksmith, welding or other metal shops, excluding punch presses over twenty tons rated capacity, drop hammers, and the like; ( 10) The manufacturing, compounding, processing, packaging of cosmetics, pharmacology and food products, except fish and meat products, and the reducing and refining of fats and oils ; ( 11 ) Printing plant; ( 12) Parking lots within 500 feet of a C-2 district boundary, provided such lots are paved and the development complies with the landscape and fencing requirements of the C4 district, as enumerated in subsection 25 .42 .020( 13). 25 . 52 .030 PERMITTED ACCESSORY USES . Accessory buildings and accessory uses shall 'be permitted as defined under Sections 25 . 12.020 and 25 . 12. 115 . 25 .52 .040 PERMITTED CONDITIONAL USES . The following uses may be permitted in the I- 1 district upon approval of a special permit as provided in Chapter 25 . 86 : 1 . Unclassified and other uses identified in Chapter 25 . 86 . I- 1 LIGHT INDUSTRIAL DISTRICT - 25 .52 25 .51050 DEVELOPMENT STANDARDS ( 1 ) Minimum lot area: Not required except for non conforming residential uses which must retain a minimum of five thousand (5 ,000) square feet for single family and three thousand (3 ,000) square feet for each additional unit. (2) Lot Coverage: Dictated by parking requirements, setbacks and landscaping. (3) Minimum Yard Setbacks : None required, except as required by 25 .76 and 25 .78 , and by 25 .74.030 where an industrial zone adjoins a residential district. (4) Maximum building height: (a) No restrictions except for airport height limitations under 25 .82.070. (5) Fences and hedges : See Chapter 25 .76 (6) Parking: See Chapter 25 .78 (7) Landscaping: See Chapter 25 .76 64 CHAPTER 25 .54 I-2 MEDIUM INDUSTRIAL DISTRICT Sections : 25 .540010 Purpose 25 .54.020 Permitted uses 256549030 Permitted accessory uses 25 . 54.040 Permitted conditional uses 25 .54.050 Development standards 25 . 54.010 PURPOSE. The I-2 Medium Industrial District is established to provide areas for necessary industrial and related uses that could create problems of compatibility with other land uses. Uses in this district have the potential to generate high levels of noise, light, odor, fumes or smoke that require their protection from encroachment by incompatible land uses. 25 . 54.020 PERMITTED USES . Uses permitted in the I-2 district shall be: ( 1 ) All uses not otherwise prohibited by law, but no residential buildings shall be permitted; (2) Junkyards, automobile wrecking yards, scrap iron, scrap paper, or rag storage, sorting or bailing shall be permitted, provided. (a) An eight-foot sight-obscuring fence must be constructed and inspected prior to the issuance of a certificate of occupancy for use of the goods . The fence shall be of solid single neutral color, (b) No automobile or parts thereof, junk or salvage materials or parts thereof shall be visible from any public right-of-way. All materials or parts shall be , located within the fenced area; (c) Fire lanes shall be provided as required in the Uniform Fire Code, (d) A performance bond for one thousand dollars shall be required prior to the issuance of an occupancy permit, to assure compliance with provisions of this section. The bond shall remain in force as long as the use exists ; (e) The permit shall be granted for a period not to exceed two years and at the end of such period an inspection shall be made of the premises to determine the advisability of renewing such permit. 25 . 54 .030 PERMITTED ACCESSORY USES . Accessory buildings and accessory uses shall be permitted as defined under Sections 25 . 12.020 and 25 . 12. 115 . 25 . 54.040 PERMITTED CONDITIONAL USES . The following uses may be permitted in the I-2 district upon approval of a special permit as provided in Chapter 25 . 86 . ( 1 ) Slaughterhouses and stockyards ; (2) Acid manufacture or wholesale storage of acids ; (3) Cement, lime, gypsum, or plaster of pans manufacture; I-2 HEAVY INDUSTRIAL DISTRICT - 25 .54 (4) Distillation of bones ; (5) Manufacture of explosives or storage of explosives, including gases; (6) Fat rendering, fertilizer, gas or glue manufacture ; (7) Garbage, offal, or dead -animal reduction or dumping; (8) Petroleum or petroleum products refining; (9) Smelting or reduction of ore or metallurgical products ; ( 10) Foundry casting of nonferrous metals or electric foundry causing noxious fumes or odors; ( 11 ) Race tracks and courses for the conduct of seasonal or periodic racing, ( 12) Asphalt or concrete batch plant; ( 13) Commercial composting facilities. 25 .54.050 DEVELOPMENT STANDARDS ( 1 ) Minimum lot area: Not required except for non conforming residential uses which must retain a minimum of five thousand (5 ,000) square feet. (2) Lot Coverage : Dictated by parking requirements, setbacks and landscaping. (3 ) Minimum Yard Setbacks: None required, except as required by 25 .76 and 25 .78 , and by 25 .74 where an industrial zone adjoins a residential district. (4) Maximum building height: (a) No restrictions except for airport height limitations under 25 . 82.070. (6) Fences and hedges : See Chapter 25 .76 (7) Parking: See Chapter 25 .78 (8) Landscaping: See Chapter 25 .76 66 CHAPTER 25 .56 I=3 HEAVY INDUSTRIAL DISTRICT Sections : 25 . 56.010 Purpose 25 . 56 .020 Permitted uses 259560030 Prohibited uses 25 .569040 Development standards 25 .56 .010 PURPOSE. The Heavy Industrial District is established to provide areas in the city where heavy industrial, manufacturing, processing, assembly, fabricating and ancillary activities can occur while being protected from encroachment of commercial and residential uses. This district is intended to permit high intensity land uses that would be termed obnoxious due to noise, glare and other emissions resulting from the manufacturing process. This district is intended to apply only to those Port-owned lands to which this zone was applied upon the formation of this district. 25 .56.020 PERMITTED USES . The following shall be permitted in the I-3 zone : ( 1 ) All uses not otherwise prohibited by law except those listed in 25 .56 .030. 25 .56.030 PROHIBITED USES . The following uses shall be prohibited in the 1-3 district: ( 1 ) Single-family dwellings ; (2) Multiple family dwellings ; (3 ) Public and private schools except for apprenticeship and vocational training programs ; (4) Community Service Facilities. 25 . 56 .040 DEVELOPMENT STANDARDS ( 1 ) Minimum lot area: None required. (2) Lot Coverage: Dictated by parking requirements, setbacks and landscaping. (3) Minimum Yard Setbacks : None required, except as required by 25 .74 where the industrial zone adjoins a residential district. (4) Maximum building height: (a) No restrictions except for airport height limitations under 25 . 82.070. (6) Fences and hedges: None required (7) Parking: See Chapter 25 .78 (8) Landscaping: None required CHAPTER 25 .62 PLANNED UNIT DEVELOPMENT Sections : 250620010 Purpose 25062.020 Permitted uses 25062 .030 Minimum site area 25 . 629040 Relationship to adjacent areas 25062 .050 Phased development 25 . 61060 Combined preliminary and final PUD 25 . 61070 Concurrent platting 25062 .080 Design standards and requirements. 25 . 620090 Procedure for approval of PUD's 25 . 62. 100 Effect of preliminary PUD approval 25 .62 . 110 Preliminary PUD approval expiration 25 .61120 Final PUD application 25962* 130 Building permits 25 . 620140 Changes in modifications 25 .62. 150 Expiration of time frames 25 .62 .010 PURPOSE. The purpose of this Chapter is to provide opportunities for innovation, creativity and flexibility in land development within the City. It is intended to encourage the use of new techniques and technology resulting in a more creative approach to development of land that will realize economies of scale and permit flexibility that provides for aesthetic diversification of site layout and spatial arrangements between geographic features, structures, circulation patterns, utilities and open space Furthermore, it is the purpose of this Chapter to: ( 1 ) Encourage development that enhances the quality of life while protecting the health, safety and welfare of residents ; (2) Encourage variety in housing opportunities ; (3) Encourage the development of a viable economic base; (4) Encourage development of land uses that will be compatible with and complement existing or proposed adjacent land uses; (5) Provide guidelines for development of planned unit developments. 25 .62 .020 PERMITTED USES . The planned unit development district may be approved for any use or combination of uses permitted by this Title except combinations of residential and industrial uses . Uses permitted in any specific PUD district shall be enumerated in the ordinance establishing such a district. 25 .62 .030 MINIMUM SITE AREA. The minimum site area for a PUD is ten acres . 25 . 62.040 RELATIONSHIP TO ADJACENT AREAS . The design and layout of a PUD shall take into account the relationship of the site to the surrounding areas. PLANNED UNIT DEVELOPMENT - 25 .62 ( 1 ) The perimeter of the PUD shall be so designed as to minimize any undesirable impact on adjacent properties. (2) Setbacks from the property line of a PUD shall be comparable to those of the existing development of adjacent properties or to the type of development which may be permitted on adjacent properties. 25 . 62 .050 PHASED DEVELOPMENT. Development of a planned unit development may be phased, in which case all the property anticipated for PUD development shall be submitted as a preliminary PUD showing a conceptual depiction of the eventual development through all phases. Subsequent to legislative approval of the preliminary PUD plan, portions of the development may be submitted as a final PUD for review and approval. 25 . 62 .060 COMBINED PRELIMINARY AND FINAL PUD In all cases, the preliminary PUD and final PUD may be combined and processed as a final PUD. 25 .62.070 CONCURRENT PLATTING. Plats for PUD's requiring platting may be processed concurrently with the PUD approval procedures. 25 . 62 .080 DESIGN STANDARDS AND REQUIREMENTS ( 1 ) SUBDIVISION REQUIREMENTS . If land or structures within a proposed PUD are to be sold to more than one person, partnership, firm or corporation, or are to include the dedication of land, then the proposed PUD shall be subject to the short plat or major subdivision procedures of Title 21 . (2) RIGHT OF WAY REQUIREMENTS . City policy with regards to the dedication of right-of-way and right-of-way improvements as established in Resolution No. 1372 and Section 12.04. 100 of the Pasco Municipal Code are waived in a PUD. (3) ZONING REQUIREMENTS . A Planned unit development shall be exempt from the minimum lot size and setback standards of this Title, except where on-site parking is located in front of a structure that portion of the structure shall be setback 20 feet from the property line. (4) DENSITY. The basic density in a planned unit development shall be established for each land use as provided in the zoning districts of Title 25 . The Planning Commission may recommend and the City Council may authorize a density not more than twenty percent greater than what is otherwise permitted following findings that the amenities or design features which promote the purposes of this chapter are provided. (5) LOT REQUIREMENTS . Minimum lot areas, lot dimensions , building heights, lot coverage and yard requirements shall be as established on the approved development plan. (6) OPEN SPACE REQUIREMENTS . The PUD shall provide not less than thirty-five (35) percent of the gross land area for common open space. (7) SETBACKS BETWEEN BUILDINGS . A distance between all structures shall at a minimum comply with the standards prescribed by the most current edition of the Uniform Building and Fire Codes as adopted by the City Council. 69 PLANNED UNIT DEVELOPMENT - 25 .62 25062 .090 PROCEDURE FOR APPROVAL OF PLANNED UNIT DEVELOPMENTS The approval of a planned unit development shall be by the City Council, upon recommendation of the Planning Commission and shall be processed in accordance with the following procedures : ( 1 ) Who may apply. Any owner or group of owners of contiguous property acting jointly may submit an application for a PUD. (2) Pre-application. Prior to the acceptance of an application for PUD approval a pre application conference between representatives of the city and the potential applicant is required. This conference shall be set by the Planning Department at the request of the potential applicant. The purpose of the pre application conference is to acquaint the applicant with various code requirements affecting PUD districts. (3 ) Application. The applicant shall file a PUD district application for preliminary plan approval with the City Planner. All applications will be processed in accordance with the provisions of Chapter 25 . 88 . The application shall be accompanied by the following. (a) A filing fee in an amount equal to the rezone fee. (b) A completed SEPA checklist. (c) A vicinity map. (d) Twelve copies of maps and drawings comprising the preliminary plan. (4) Preliminary Plan. The preliminary PUD district plan shall indicate or include the following: (a) Written documents including but not limited to: (i) a legal description, (ii) statement of present ownership, (iii) statement of intent, including any plans for selling or renting the property, (iv) a timetable of development, including a phasing, schedule if project will be developed in phases, (v) provisions to assure maintenance of all common areas, and (vi) proposed restrictive covenants, if any. (b) Relationship of the property to the surrounding area including identification of land use and zoning of both the site and vicinal properties. (c) Names and dimensions of streets bounding, traversing or touching upon the site. (d) Location and width of proposed streets and pedestrian ways, arrangement of common .off-street parking and recreational vehicle storage areas. (e) Location, layout and conceptual landscape design of all common yards, open space and recreational areas. (f) Proposed method of street lighting and signing . (g) Existing and proposed utility systems, including irrigation plan. (h) Existing site conditions, showing contours at five foot intervals and location of significant geographic features. 70 PLANNED UNIT DEVELOPMENT - 25 .62 (i) Approximate building locations, buildable areas and building heights . (5) Public Hearing Before the Planning Commission. Following a public hearing, the Planning Commission may recommend approval or denial of the application and accompanying PUD plans or may recommend imposition of such conditions of approval as are necessary to insure conformity to all applicable regulations and the purposes of the PUD district. A PUD may be recommended for approval only when it has been determined that. (a) the PUD district development will be compatible with nearby developments and uses, (b) peripheral treatment insures proper transition between PUD uses and nearby external uses and developments, (c) the development will be consistent with the comprehensive plan and the purposes of the PUD district, and (d) the public health, safety and welfare have been served. 25 .62 . 100 EFFECTIVE PRELIMINARY PLANNED UNIT DEVELOPMENT APPROVAL Legislative approval of a preliminary PUD shall constitute a zone change of the subject property from the former zoning designation to a planned unit development zone. The ordinance establishing a PUD zone will enumerate the uses permitted and the district. 25 . 62 . 110 PRELIMINARY PUD APPROVAL EXPIRATION. Preliminary PUD approval shall be effective for five (5) years from the date of approval by the City Council during which time a final PUD or the first phase of a staged PUD shall be submitted for approval. If the final PUD or initial phase is not submitted within the five year approval period, the preliminary PUD shall be null and void, unless the City Council grants an extension not to exceed a one year period. A one year extension of the preliminary PUD approval does not require a public hearing. In a phased PUD, successive phases are to be approved and constructed within five years of the previously approved phase. 25 .62. 120 FINAL PUD APPLICATION. After receiving preliminary approval, the applicant may submit a detailed final development plan in conformity to the approved preliminary PUD. The procedures for final PUD approval shall be as those prescribed for preliminary PUD approval in Section 25 .62.90 except the Planning Commission review is not required for final PUD approval under this section. Detailed development plans shall contain the following information : ( 1 ) Vicinity map; (2) A detailed site plan in conformance with the approved preliminary plan showing land uses and vehicular and pedestrian circulation ; (3) Boundary survey of the entire property or the development phase ; (4) Construction specification for streets and pedestrian ways including a typical roadway section showing location of all utilities ; (5 ) Location and height of all buildings indicating either the dimensions or the limits within which buildings will be constructed ; (6) Preliminary engineering plans for water, sewer, storm drainage, electric power, telephone and gas; 71 PLANNED UNIT DEVELOPMENT - 25 .62 (7) Preliminary subdivision plat if the property is to be subdivided; (8) Landscape plans for open space, common areas, streets, pedestrian ways and recreational facilities ; (9) Location, arrangement and dimensions of parking facilities and loading areas ; ( 10) Preliminary architectural plans and elevations of typical buildings and structures ; ( 11 ) Covenants, property owner agreements or other provisions which will govern the use, maintenance and perpetual care of the PUD and all of its open space and property held in common. 25 .62 . 130 EXPIRATION OF TIME LIMITS . Construction of improvements in a PUD shall begin within one ( 1 ) year from the date of final PUD approval by the City Council. An extension of time for improvements (streets and utilities) may be requested in writing by the applicant, and such request shall be granted by the City Council for a period of one year. If construction does not occur within five (5) years from the legislative approval, the PUD district designation shall be dropped from the official zoning map and zoning shall revert to the former district designation. 25 . 62 . 140 CHANGES AND MODIFICATIONS . ( 1 ) Major changes in the approved final development plan shall be considered as a new application for preliminary approval. Major changes include: (a) change in use ; (b) major realignment of vehicular circulation patterns ; (c) increase in density or relocation of density pattern ; (d) reduction of open space, (e) change in exterior boundaries except survey adjustments ; (f) increase in building height. (2) The City Planner may approve changes in the development plan which are minor in nature and are consistent with the approved plan. 25 .62 . 150 BUILDING PERMITS . No building permits shall be issued until final PUD or phase approval has been granted by the City Council. The construction and development of all common areas and open space of each project phase shall be completed to coincide with the completion of structures. For example, when 25 percent of the structures are completed, 25 percent of the common areas are required to be completed. 72 CHAPTER 25.64 PLANNED DENSITY DEVELOPMENT Sections: 25.64.010 Purpose 25 .64.020 Minimum site development area 25 .64.030 Density regulation 25 .640040 Ownership 25964.050 Streets 25 .64.060 Setback requirement 25 . 64.070 Building heights 25 . 64.080 Procedure 25 .64.090 Development review 25 .64.010 PURPOSE. The purpose of the planned density development is to provide a degree of flexibility and innovative land use design and development not possible under strict interpretation of the zone and subdivision ordinances . It is the intention of the planned density development designation to encourage creativity in the design of large parcels of property for residential use and to encourage the development of a variety of housing types to better serve the citizens of the Pasco Urban Area. 25 .64.020 MINIMUM SITE DEVELOPMENT AREA. A planned density development shall contain an area not less than twenty (20) acres. 25 .64.030 DENSITY REGULATION ( 1 ) The overall average residential dwelling unit density for planned density development shall not exceed the maximum allowed density requirement of the underlying zone. The number of dwelling units shall be designated on each platted lot or combination thereof, forming a site, of the subdivision at the time of approval of the preliminary plat. (2) Site development within the designated areas may be constructed in phases ; provided, however, at no time shall the average density of that portion of the overall development with dwelling units thereon exceed the density of the underlying zone. 25664.040 OWNERSHIP. A planned density development shall be under one ownership or one unit control during the planning and development stages to assure that the development will be accomplished as planned. 25 . 64.050 STREETS . All public streets shall be constructed in accordance with minimum City standards as determined by the City Engineer. 25 .64.060 SETBACK REQUIREMENT. Minimum setbacks for structures erected within an approved planned density development site shall be as follows : ( 1 ) Perimeter. The perimeter setbacks prescribed herein shall be measured from the exterior boundary of the lot or group of contiguous lots forming the planned density PLANNED DENSITY DEVELOPMENT - 25 .64 development site. The front, side and rear yard setbacks of the underlying zone shall be the minimum perimeter setbacks for all structures , provided, that such minimum setbacks may be increased by the planning commission if deemed necessary to protect the appropriate use and development of adjacent lands. (2) Interior. The minimum distance between structures within a planned density development site shall not be less than Uniform Building Code requirements. 25 . 64.070 BUILDING HEIGHTS . The maximum permitted building heights of the underlying zone shall prevail. 25 . 64.080 PROCEDURE. ( 1 ) Any property owner or property owners may petition by application for a planned density development designation. There shall be filed with the application a Title report showing an existing interest in the property by the applicant. Said Title report shall also include the names and addresses of all property owners within three hundred feet of the exterior boundaries of the subject property. (2) The petition shall be presented to the City Planning Commission who shall after public hearing make their recommendation to the City Council in writing as to whether the planned density development shall be approved, modified or denied. All planned density developments shall be platted in accordance with Chapter 21 , Plats and Subdivisions, of the Pasco Municipal Code. (3) The City Council may, after receiving the recommendation of the Planning Commission, designate by ordinance the planned density development and shall require said designation to be entered on the preliminary plat. (4) If the preliminary plat is not given final approval within five years from the date of the public hearing at which approval was granted, the plat shall become invalid and approval for the planned density development shall expired. 74 CHAPTER 25.66 HOME OCCUPATIONS Sections : 25 . 66.010 Purpose 25 . 66.020 Prohibited home occupations 25 . 660030 Application requirements—Fee 250660040 Environmental standards 25 .66.050 Administrative decision 25066.060 Appeal 25 .66.070 Revocation of license—Appeal 25 .66 .080 Complaints 25 .66 .090 Transfer of location 25 .66.010 PURPOSE. A home occupation chapter is established to provide a means whereby the conduct of business may be permitted as a use accessory to an established residence within a residential district. The purpose is to create an administrative framework to authorize such uses that do not pose a disruption to or conflict with the existing and planned residential environment. 25 . 66.020 PROHIBITED HOME OCCUPATIONS . Due to the increased possibility for generating hazardous or nuisance conditions, the following uses and those similar in nature shall not be permitted as home occupations : vehicle repair and/or maintenance ; rebuilding motors ; painting vehicles , welding; sheet metal shops ; upholstering; firewood cutting and any group H Occupancy as defined in the Uniform Building and Fire Code adopted by the City. 25 . 66.030 APPLICATION REOUIREMENTS—FEE. ( 1 ) Applications for home occupation shall be made in accordance with all provisions of Title 5 of this code, upon forms provided by the City Clerk. The form shall include, but not be limited to, the following information . (a) Name, mailing address and phone number of applicant; (b) Legal description and street address of the property; (c) Kinds and amounts of supplies, materials and equipment to be used and the locations where they will be stored or used upon the premises ; (d) Description of all activities involved in the business and how the business will operate. (2) Business license fees for home occupations shall be in accordance with Title 5 of this code . An additional twenty-dollar fee shall be required for any business license that requires an on-site inspection to determine compliance with Section 25 .66.040. 25 .66 .040 ENVIRONMENTAL STANDARDS . All home occupations shall conform to the following standards : ( 1 ) Be clearly subordinate to the principal use of the property for residential purposes ; HOME OCCUPATIONS - 25 .66 (2) Not involve modification of the property or exterior of its structures that indicates other than residential uses of the premises , (3 ) Is performed entirely within a permanent structure upon the premises ; (4) No signs, display or other advertisement upon the property; (5) No media or other off-premises advertising shall give the address or location of the home occupation ; (6) No outside storage of materials, supplies , products or by-products, or equipment, except a single occupational vehicle not exceeding 14,000 pounds Gross Vehicle Weight (GVW) ; (7) Be conducted solely by persons residing within the dwelling unit upon the premises, subject to the definition of family; (8) Except for articles produced thereon, no merchandise, products, goods or wares may be displayed or offered for sale upon the premises ; (9) No occupation requiring the customer or client to be present upon the premises while the profession, trade, skill or service is performed shall be allowed; ( 10) No more than 6 customer vehicles may visit the dwelling in a given day; ( 11 ) Noise generated by the home occupation, detectable at any property line, shall not be in excess of the following standards . (a) 8 : 00 am. to 8 : 00 p.m. : 55 dba, (b) 8 : 00 p.m. to 8 : 00 am. . 45 dba; ( 12) No material or substance which is explosive, highly flammable, corrosive, radioactive or toxic shall be stored, created, utilized or discarded in any way without prior knowledge of and written approval by the city; provided the means or methods necessary for safety purposes do not conflict with other standards established herein ; ( 13 ) The home occupation shall not generate light or glare, vibration, fumes or odors , or permit other conditions to occur or be present, which annoys, injures, or endangers the comfort, health, repose, decency or otherwise comfortable enjoyment of life and property of neighboring or surrounding residents, in accordance with the intent of this chapter and nuisances as defined in Chapter 9 .60 of the Municipal Code . ( 14) The home occupation shall not occupy more than twenty (20) percent of the gross floor area of the residence . All of an attached or detached garage may be used for a home occupation provided the area of the garage to be utilized does not exceed six hundred (600) square feet. 25 . 66 .050 ADMINISTRATIVE DECISION. ( 1 ) Within ten working days of the date an application is received, the City Planner or his/her duly authorized agent shall render a decision to approve or deny the application for home occupation license, unless the applicant agrees to an extension. In no case shall the date of decision exceed thirty calendar days from the date the application is received. 76 HOME OCCUPATIONS - 25 .66 (2) If the decision of the City Planner is to deny the application, notification to the applicant shall include findings in support of the City Planner' s decision and the applicant's rights of administrative appeal. The written decision shall be mailed promptly to the applicant by certified mail. The date of receipt by the applicant shall be the date the applicant is notified of the City Planner's decision. If no appeal is received, in accordance with Section 25 .66.060, the decision of the Planner is final. 25 . 66.060 APPEAL. Any appeal of the City Planner's decision to deny a home occupation shall be filed in accordance with Section 25 . 84.090 and shall be reviewed by the Hearing Examiner in accordance with Sections 25 . 84. 120 through 25 . 16. 140. Appeals may only be filed by the applicant. 25 .66 .070 REVOCATION OF LICENSE—APPEAL. A home occupation may be revoked by the City Planner- if the-City planner finds the home occupation no longer conforms to the environmental standards set forth under Section 25 .66.040 or is a public nuisance as defined in Chapter 9.60 of this code . The license holder may file written appeal of the City Planner's decision in accordance with Section 25 .66 .060. 25 .66 .080 COMPLAINTS . Any person may file a written complaint regarding a home occupation. Any written complaint received shall cause the City Planner to investigate the conditions upon which the complaint is based to determine if the home occupation is in compliance with the provisions of this chapter. If the investigation results in a decision to revoke a home occupation license, the revocation shall occur in accordance with Section 25 .66.070. 25 .66 .090 TRANSFER OF LOCATION. No home occupation maybe transferred to a different location without first obtaining a new home occupation license authorizing its conduct at the proposed location. 77 CHAPTER 25 .68 DENSITY INCREASE Sections : 25 . 68 .010 Purpose . 25 .68 .020 Maximum increase. 25068 .030 Threshold requirements. 25 . 68 .040 Design standards. 25 .68 .050 Formula. 25 .68 .060 Application requirements. 25968 .070 Applicability of other chapters in the zoning code. 25 .68 .080 Appeals. 25 . 68 .010 PURPOSE. A density increase chapter is established to provide a means whereby an increase in the number of dwelling units may be achieved beyond that amount permitted in the base density of the R-2, R-3 and R4 residential districts. The intent is to create a flexible means by which developers may voluntarily incorporate architectural creativity, site and aesthetic considerations in the design of residential developments that achieve a more efficient site plan, result in a physical development which blends more favorably or harmoniously with neighboring uses and uses within the vicinity, and increase the quality of the living environment for its future residents. 25 . 68 .020 MAXIMUM INCREASE. The lot area per dwelling unit ratio within the R-2, R-3 and R-4 residential districts may be reduced in accordance with the provisions of this Chapter. The maximum available reduction is as follows : ( 1 ) R-2 District: May be reduced a maximum of one thousand four hundred square feet, from five thousand square feet per dwelling unit to three thousand six hundred square feet per dwelling unit; (2) R-3 District: May be reduced a maximum of one thousand square feet, from 3 ,000 square feet per dwelling unit to 2,000 square feet per dwelling unit; (3) R-4 District: May be reduced a maximum of five hundred square feet, from one thousand five square feet per dwelling unit to one thousand five hundred square feet per dwelling unit. 25 . 68 .030 THRESHOLD REQUIREMENTS . Applicants shall be required to screen side yard lot lines adjacent a lower density residential district with a minimum five-foot site-obscuring fence, dense shrubs, or other treatment, except those portions within the required front and rear yards . Applicants shall also furnish, prior to issuance of a building permit, a covenant binding the owner to maintain, for the life of the development, all improvements/standards for which a density increase has been received under this chapter. 25 .68 .040 DESIGN STANDARDS . The following design standards and respective percentages shall be available to applicants seeking to increase the density of residential development on an eligible site, up to the maximum established in Section 25 .68 .020; ( 1 ) Open space. DENSITY INCREASE - 25 .68 (a) Grass (ten percent): Two hundred square feet of sod per dwelling unit. May be located anywhere on the site, but may include only that portion of the required front yard exceeding the amount established in the front yard requirements of the under-lying district. A hose bib is required within fifty feet of any portion of sod provided to meet this standard. Each additional twenty square feet of sod per dwelling unit, in excess of this standard, shall be worth one percent, up to maximum additional five percent. (b) Trees (eight percent) : One five-foot minimum height tree for each two dwelling units . (2) Exterior Design. (a) Porches (ten percent) : Covered porch at least three feet deep by four feet wide for each dwelling unit. (b) Balconies (twenty percent) : Forty-eight square feet minimum for each above-ground level dwelling unit with no dimension less than six feet. (c) Patios (ten percent): Forty-eight square feet minimum for each ground level dwelling unit with no dimension less than six feet. Patios must be a minimum of four inches thick concrete. If patios are entirely covered, this shall be worth fifteen percent. (d) Lap-siding (sixteen percent) : Finish material on all exterior walls is entirely lap-siding. (e) Cedar-siding (sixteen percent) : Finish material on all exterior walls is entirely cedar, but not TlA 1 . (f) Stucco-siding (sixteen percent) : Finish material on all exterior walls is entirely stucco or material with stucco appearance . Decorative four-inch batting shall be used in conjunction with staccato paneling on all expansion joints . (g) Brick/Stone Siding (thirty-six percent) : Finish material on exterior walls is entirely brick or stone. (i) Combined siding (pro-rated percent) : When more than one of the above types of siding is used, the proportion of the total exterior wall spaces excluding gable ends each type is applied to will be the proportion of its design standard percentage listed above. The total percentage award shall be determined by adding together with prorated percentages from the siding treatments used. (3 ) General Site Principles . (a) Transit Availability (ten percent) : Site abutting an arterial street. (b) Solar Adaptability (two percent): Southern exposure for majority of window space . (c) Views (ten percent) : Orient living room windows so views are channeled toward private open spaces. (d) Dwelling Unit Identity (twenty percent) : Each ground level unit is visually separated from adjacent ground level units by structural variation(s) in the exterior walls and/or roof line, or groupings of live vegetation and trees arranged adjacent to the exterior walls and extending outward in order to create a similar effect. All vegetation must be within fifty feet of a hose bib . (e) Pedestrian Circulation (four percent) : Permanent walkways of solid concrete (three feet wide by four inches thick) or other in-laid masonry technique from each ground level unit 79 DENSITY INCREASE - 25 . 68 to parking area(s) or adjacent street. Loose gravel, decorative rock, bark or other similar material may only be used as trim or accent. (f) Parking Areas (six percent) : Exterior perimeter, except points of ingress/egress, landscaped with live vegetation, and all such vegetation is within fifty feet of a hose bib. (g) Private Open Spaces (ten percent) : Building variations, landscaping and trees or fencing arranged or situated to create a minimum of two hundred square feet of private lawn space directly accessible from each ground level unit. (h) Side Yard Screening (seven percent) : One or more side yards are screened with a five-foot minimum site obscuring method, except those required under the threshold requirement in Section 25 .68 .030. 25 .68 .050 FORMULA. The maximum available reduction in square feet of lot area per dwelling unit as established in Section 25 . 68 .020 shall be multiplied by the total percent reduction earned. The resulting number shall be subtracted from the base lot area per dwelling unit to determine the reduction achieved. 25 . 68 .060 APPLICATION REQUIREMENTS . The site plan submitted for building permit shall show the location of grass and trees and shall be accompanied by a drawing of the exterior walls of all structures, illustrating the type of exterior finish to be used. 25 . 68 .070 APPLICABILITY OF OTHER CHAPTERS IN THE ZONING CODE. Applicants seeking an increase in density through this chapter shall meet all other applicable requirements of this Title, except as otherwise provided in this chapter. 25 . 68 .080 APPEALS . An applicant aggrieved by the City Planner's decision in the administration of this chapter may appeal to the Hearing Examiner, provided written appeal is filed with the City Planner within ten days of the date of the administrative action taken. 80 CHAPTER 25.69 RECREATIONAL VEHICLE PARKS Sections : 25969 .010 Purpose, 25 . 69 .020 Definitions. 25969.030 Conditional use permit required. 25 .69.040 General requirements. 25 .69.050 Completion prior to occupancy phasing. 25669.060 Recreational vehicle park location criteria. 25069.070 Design standards. 25 .69.080 Accessory uses . 25 .690090 Park administration. 25 . 69. 100 Recreational vehicle park application procedure. 25 . 69 .010 PURPOSE. The purpose of this chapter shall be to ensure that recreational vehicle parks are located, developed and occupied in accordance with standards and regulations which will protect the health, safety, general welfare and convenience of the occupants of such parks and the residents of the City of Pasco. 25 . 69 .020 DEFINITIONS . As used in this chapter, unless the context or subject matter clearly requires otherwise, the words and phrases defined in this section shall have the below indicated meanings ; provided that, all definitions, rules and regulations defined herein that are in conflict with provisions of other City ordinances, the provisions of the recreational vehicle park ordinance shall prevail. ( 1 ) "Park Model' means a recreational vehicle designed specifically for placement in a recreational vehicle park to be utilized for transient or recreational housing. Park models are distinguished from standard recreational vehicles by the lack of self-contained holding tanks. For purposes of this Title if a unit is not listed in the latest addition of the N. ( 1 )(4)( 1 ) Recreation Vehicle Appraisal Guide as a park model it cannot be considered a park model . Park models do not exceed 11 .5 feet in width and contain 400 square feet of living space or less . (2) "Recreational Vehicle" means a vehicle or portable structure built and designed to be used for temporary occupancy or travel, recreational or vacation use . Said vehicles contain plumbing, heating and electrical systems which are operated with or without connection to outside utilities . Recreational vehicles shall include, but are not limited to, campers , motor homes, camping trailers, tent trailers, fifth wheels and travel trailers ; tents are excluded. A recreational vehicle shall have a body width of no more than nine (9) feet and a body length of no more than forty (40) feet when factory equipped for the road. (3) "Recreational Vehicle Site" means a plot of ground within a recreational vehicle park intended for temporary location of a recreational vehicle as a dwelling unit. . . . . . . . . .. . . . .__._ . RECREATIONAL VEHICLE PARKS - 25 . 69 (4) "Recreational Vehicle Park" means a tract or parcel of land upon which two or more recreational vehicle sites are located, for occupancy by recreational vehicles as temporary living quarters for recreation or vacation purposes. (5) "Sanitary Station or Sanitary Dumping Station' means a facility used for removing and disposing of wastes from recreational vehicle sewage holding tanks. (6) "Tents" means an enclosed structure of shelter fabricated entirely or in major part of cloth, canvas , plastic or similar material used for recreational or vacation purposes . 25 .69.030 CONDITIONAL USE PERMIT REQUIRED A recreational vehicle park shall be permitted only upon the issuance of a Special Use Permit by the City of Pasco. The owner, operator and occupants of a recreational vehicle park shall develop and use the park in strict compliance with the conditions imposed by the permit. 25 . 69.040 GENERAL REQUIREMENTS . ( 1 ) No recreational vehicle shall be occupied overnight unless the same is parked inside an approved recreational vehicle park. An exception to this rule may be granted for temporary uses as specified in PMC 10.52.030, subject to strict compliance with the requirements of said section. (2) No recreational vehicle shall be occupied for commercial purposes anywhere in the City of Pasco ; except units used for job shacks at commercial construction sites with valid building permits . (3) No recreational vehicle shall be used as a permanent place of abode, or dwelling, except for park management, for indefinite periods of time. Occupancy in a park for more than 180 days in any 12-month period shall be conclusively deemed to be permanent occupancy. Placement of the unit on a foundation or any action toward removal of wheels of a recreational vehicle, except for temporary purposes of repair, is hereby prohibited (4) Except portable awnings and screens that are attached to an carried with the recreational vehicle, no external appurtenances, such as carports , cabanas or patios may be attached to any recreational vehicle while it is in a park. (5) No space within a recreational vehicle park shall be rented for any purpose other than those expressly allowed by this chapter. (6) No person, company or corporation shall establish or modify a recreational vehicle park without first complying with the provisions of this chapter. 25 .69.050 COMPLETION PRIOR TO OCCUPANCY PHASING. All required site improvements, and other conditions of the special permit shall be met prior to occupancy of any site by a recreational vehicle; provided, that completion may be accomplished by phases if such phases are identified and approved in the special permit. 82 RECREATIONAL VEHICLE PARKS - 25969 25 . 69 .060 RECREATIONAL VEHICLE PARK LOCATION CRITERIA The location of recreational vehicle parks shall be reviewed for harmony with adjoining properties utilizing the criteria in PMC 25 . 86 .060. Recreational vehicle parks may only be established on property within the City of Pasco which meets the following criteria: ( 1 ) Recreational vehicle parks may be permitted only in the C4 , and C-3 zoning districts . (2) The minimum site area of a park shall be four (4) acres. (3) Parks shall be located within 2,000 feet of a State or interstate highway. 25 .69.070 DESIGN STANDARDS . The following are minimum design standards for recreational vehicle parks: ( 1 ) Density. The number of recreational vehicles permitted in a park shall not exceed a density of 20 units per gross acre. The special permit may limit density further to ensure compatibility with the surrounding areas. (2) Spacing and Site Width. There shall be a minimum side to side dimension of 15 feet between vehicles and an end to end dimension of 12 feet. Each recreational vehicle space shall have a minimum width of 24 feet. (3) Site Access. Entrances and exits to the park shall be designed for safe and convenient movement of traffic into and out of the park and to minimize friction with free movement of traffic on adjacent streets . All traffic into and out of the park shall be through such entrances and exits . No entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended, and radii of curbs and pavement at intersections shall be such as to facilitate easy turning movements for vehicles with trailers attached No material impediment to visibility shall be created or maintained which obscures the view of an approaching driver in the right lane of the street within 100 feet of the intersection with the park entrance . (4) Parking. At least one parking space for each 8 sites shall be provided for visitor parking in the park. (5) Internal Park Roads . All internal park roads shall be privately owned and maintained. They shall be paved and meet standards, as approved by the City Engineer. Park roads shall have a minimum improved width as follows : (a) The main or central road through the park shall have a width of not less than 28 feet exclusive of parking lanes. (b) Roads other than the main road shall have a width of not less than 14 feet per each travel lane. (c) One way roads shall be permitted only where drive through RV spaces are provided. One way roads shall have a width of not less than 12 feet. (d) Parking lanes shall have a width of not less than 10 feet. 83 RECREATIONAL VEHICLE PARKS - 25969 (e) All walkways shall not be less than 4 feet in width. (6) Open Space/Recreational Facilities . A minimum of 20 percent of the site shall be set aside and maintained as open space for the recreational use of park occupants . Such space shall be accessible and usable by all residents of the park for passive or active recreation. Parking spaces, driveways, access streets, and storage areas are not considered to be usable open space. The percentage requirement may be reduced to 15 % of the site if substantial and appropriate recreational facilities (such as recreational buildings, swimming pool or tennis courts) are provided. (7) Setbacks. No recreational vehicle site shall be closer than 15 feet from any exterior park property line abutting upon a major street or shoreline or 10 feet from any other exterior park property line. Permanent structures within a park shall have minimum front and rear yards of 15 feet each, and minimum side yards of 5 feet each. Yard space shall be measured from the wall of the building. Building yard setbacks do not supersede other more restrictive setbacks. (8) Landscaping/Screening. All areas of recreational vehicle parks including perimeter setback areas not utilized for roadways, pathways, buildings maintenance yards and recreational facilities shall be landscaped. Landscaping shall consist of a combination of live vegetative ground cover, lawn, shrubs, trees, flower beds and ornamental shrub beds . All landscaping plans shall be approved in conjunction with the special permit process and shall be guided by the following: (a) The first 15 feet of the park exterior abutting upon a major street or shoreline shall be landscape(4) Said landscaped area shall contain one shade ( 1 - 1 /2" caliper) tree every 40 feet and a grouping of three or more small trees or shrubs every 50 feet. The remainder of the setback area exposed to public view shall be treated with lawn or various ground cover. (b) The first 10 feet of all park exterior abutting properties other than those described in (a) above shall be treated with landscaping as provided in (a) above. (c) All exterior boundaries of a recreational vehicle park shall contain a 6 foot solid fence. Required fencing along park exterior boundaries abutting upon a major street or shoreline shall be setback 15 feet from the property line(s) . (d) One shade tree ( 1 - 1 .5" caliper) shall be required for every 3 recreational vehicle sites. (e) All management offices, club houses and recreational buildings shall have border and foundation plantings on at least two sides of the building. (f) All utility areas of park buildings shall be screened with landscaping, solid fencing or combination thereof. (g) All maintenance yards shall be sight screened by a solid fence and various landscape elements . (9) Landscaping/Screening Design and Maintenance. All landscaping and screening shall be designed and maintained to be aesthetically pleasing to ensure the general welfare of the 84 RECREATIONAL VEHICLE PARKS - 25 . 69 community is enhanced. All trees, flowers, lawns and other landscaping features shall be maintained by the park management in a healthy growing condition at all times . ( 10) Signs. Signs and advertising shall be prohibited in recreational vehicle parks except: (a) One freestanding sign in accordance with Title 17 . (b) One identifying sign at each entrance of the park which may be indirectly lighted, but not flashing. Said sign(s) shall comply with Title 17 . (c) Directional and information signs for the convenience of occupants of the park. ( 11 ) Utilities . All utilities within the park shall be constructed and maintained in accordance with all applicable State and local codes. (a) Electricity: Electricity shall be provided to each recreational vehicle site. (b) Water: Water shall be provided to each recreational vehicle site . (c) Watering Station : Each recreational vehicle park shall be provided with one or more easily accessible water supply outlets for filling recreational vehicle water storage tanks. (d) Sewer Service: Sewer service shall be provided to all recreational vehicle spaces . (e) Sanitary Stations : Each recreational vehicle park shall be provided with sanitary dumping stations in the ratio of one for every one hundred ( 100) recreational vehicle sites or fractional part thereof. Sanitary stations shall consist of at least a trapped four inch sewer riser pipe connected to the sewage disposal system and surrounded at the inlet end by a concrete apron sloped to the drain and provided with a suitable hinged cover; and, a water outlet, with the necessary appurtenances connected to the water supply system to permit periodic washdown of the immediate adjacent areas. A sign shall be posted near the water outlet indicating that this water is for flushing and cleaning purposes only, not for drinking. (f) Solid Waste Disposal : Refuse containers shall be placed throughout the park in convenient locations. Refuse containers must be screened from public view on three sides. All recreational vehicle parks shall be maintained free of litter and garbage. In addition to the refuse containers placed throughout the park, at least one large (4 yards or greater) container shall be located near the management building. ( 12) Storm Drain. All storm water drainage shall be contained on the park. Storm water control facilities require City Engineer approval prior to construction. ( 13) Surfacing of Sites . All spaces except tent sites shall have a hard surfaced pad of the same minimum dimensions as the largest unit permitted to occupy that space . Said pad shall be located in conformance with the separation requirements of 25 .69.070(2) . Sites utilized for tents need not be hard surfaced, however, tent spaces shall not be greater than 10% of the total number of sites. 85 RECREATIONAL VEHICLE PARKS - 25 . 69 25 . 69 . 80 ACCESSORY USES . ( 1 ) Accessory Uses : Management buildings, recreational facilities , restrooms , showers, laundry facilities, other uses , and structures customarily incidental to operation of a recreational vehicle park are deemed to be permitted accessory uses in a recreational vehicle park. In addition, grocery stores and convenience shops shall be permitted as accessory uses and are subject to the following restrictions: (a) Such establishments and the parking area primarily related to their operations shall not occupy more than five percent of the gross area of the park. (b) Such establishments shall not present visible evidence from any street outside the park of their commercial character that would attract customers other than occupants of the park. (c) The structures housing such facilities shall not be located closer than 50 feet to any public street and shall not be directly accessible from any public street, but shall be accessible only from a street within the park. (2) Maintenance buildings, recreation and similar buildings must be permanent structures . Permanent structures do not include recreational vehicles, recreational vehicles on foundations or shipping containers of any kind. (3 ) Restroom and Shower Facilities: Restroom facilities shall be provided for each gender, shall be properly identified, and each shall contain showers and toilets connected to the City' s sewer utility. The minimum number of such facilities shall be one ( 1 ) commode and one ( 1 ) shower, for each gender, for every twenty-five (25) recreational vehicle sites. 22 . 69 .90 PARK ADMINISTRATION. The owner of a recreational vehicle park shall be responsible for the development and maintenance of the park in strict conformity with the approved plan and conditions of the special use permit, and all applicable laws and ordinances. Each park shall have a manager available 24-hours per day, seven days per week. 25 , 69 , 100 RECREATIONAL VEHICLE PARK APPLICATION PROCEDURE. ( 1 ) The applicant shall make application at least thirty (30) calendar days prior to the Planning Commission on meeting at which action is desired on forms provided by the Planning Officer. (2) The application shall include a $300 fee, be accompanied by an Environmental Checklist with associated fee, and a report from a Title insurance company showing ownership of the property involved and a list of the names and addresses of all owners of property within three hundred (300) feet of the proposed development. (3 ) The application shall further be accompanied by twenty (20) copies of a site plan which shall be drawn at a scale of not less than one hundred ( 100) feet to the inch, and shall be clear and precise. If necessary, the site plan can consist of more than one ( 1 ) drawing. The site plan shall contain, but not necessarily be limited to, the following: 86 RECREATIONAL VEHICLE PARKS - 25 . 69 (a) Name of the owner and operator, with address and phone numbers ; and the name of the proposed recreational vehicle park; (b) Legal description of the subject tract of land; (c) Name, address and phone number of the person or firm preparing the site plan; (d) Scale of the drawing and north arrow; (e) The area and dimensions of the tract of land; (f) The number, size and location of all recreational vehicle spaces ; (g) The number, location and size of all off-street parking spaces; (h) The location and width of all streets and walkways ; (i) The location of service buildings, management offices, sanitary stations, recreation areas, and any other proposed facilities or structures ; 0 ) Location of all utility easements, (k) Specifications of the water supply, sewage disposal, electrical supply, and refuse collection systems ; (1) Drainage plan (may be submitted on a separate drawing) ; (m) Landscaping plan (may be submitted on a separate drawing) ; (n) Topography at an appropriate contour interval unless specifically waived by the City Engineer, (o) A vicinity map indicating the names and locations of all streets within at least a quarter mile radius of the subject area; (p) Signage; (q) Fencing and screening. (4) Special permit Review. Once a complete application has been received by the City, the Planning Office will schedule a hearing before the Planning Commission. The application will then continue through the standard special permit process until a special permit is approved or denied. 87 CHAPTER 25.70 USE REGULATIONS Sections : 25 .70.010 Purpose 2530.020 Permitted land uses 25 .70.030 Accessory buildings 25 . 700040 Accessory dwelling units 25970.050 Adult entertainment establishments 25 .70.060 Caretaker's residence 25 .709070 Communication towers. 25 .70.080 Compost boxes/piles 25970.090 Factory assembled homes 25306100 Hazardous waste 2530. 110 Natural resource uses 25 .70. 120 Outdoor Shops and Sales. 25 .700130 Pawnshop and Secondhand Shops 25 .709140 Tattoo parlors 25300150 Vehicle-related uses 25306160 Wineries. 25 .70. 010 PURPOSE . The purpose of this chapter is to establish supplemental development standards which qualify or supplement, as the case may be, the district regulations contained herein . The supplemental development standards are intended to assure land use compatibility and promote the public health, safety and welfare of the community. 25 .70.020 PERMITTED LAND USES . Table 70- 1 "Permitted Land Uses" is incorporated as part of this section as a reference guide and is inserted at the end of this chapter. The land uses listed in Table 70- 1 are designated as permitted by right (P), accessory (A) or requiring a conditional use permit (CUP) . 25 .70.030 ACCESSORY BUILDINGS . Accessory buildings shall not be permitted on a parcel prior to the existence of a principal use . The following standards shall apply to all accessory buildings in residential districts : 1 . Roofing materials must be compatible and similar in relation to the primary structure ; 2 . Exterior siding must be compatible and similar in relation to the primary structure. 25 .70.040 ACCESSORY DWELLING UNITS . One accessory dwelling is permitted per dwelling within all single family districts under the following conditions : 1 . An accessory apartment may be developed in an existing or new residence ; 2 . An accessory apartment must be under the same roof as the principal dwelling and can not be detached in any manner from the principle dwelling; USE REGULATIONS - 25 .70 3 . An accessory apartment must have its own outside entrance, but not within the same facade as the main entrance of the dwelling; 4. An accessory dwelling shall have a kitchen and bathroom and shall not contain more than two bedrooms ; 5 . Shall not exceed forty percent of the principal dwelling' s total floor area, and shall not exceed eight hundred (800) square feet; 6. One additional off street parking space shall be provided in conformity with Section 25 .78 .030(4) ; 7 . One dwelling must be owner-occupied for eight months of the year; 8 . The dwelling and the accessory dwelling must meet all applicable setbacks, lot coverage and building height requirements ; 9 . Must be connected to the utilities (except telephone and television) of the principal dwelling unit and can not have separate services , 10. Must not require any modification that would alter the single family character of the principal dwelling; 11 . If the Post Office permits house mounted mail boxes only one shall be permitted on the principal dwelling; 12 . An accessory dwelling permit is required prior to the issuance of a building permit for construction or alteration of an accessory dwelling, 13 . Any accessory dwellings unit lawfully existing prior to adoption of this Title are considered legal nonconforming uses. All such units are required to obtain an accessory dwelling permit; 14. The renting of rooms for lodging purposes is prohibited in single family homes where there is an accessory dwelling unit. 25 .70.050 ADULT ENTERTAINMENT ESTABLISHMENTS . ( 1 ) An adult entertainment facility shall not be permitted to locate in any zoning district other than the General Business District (C-3) , the Light Industrial District (I- 1 ), the Medium Industrial District (I-2), and the Heavy Industrial District (I-3) . (2) No adult entertainment facility shall operate, and the same are prohibited from operation within one thousand three hundred and twenty feet from the nearest property line of the following : (a) Any residential zoning area; (b) Any public or private primary or secondary school; (c) Any church, synagogue, temple, mosque or other place of worship ; (d) Any library, public playground or park; (e) Any public or private preschool or nursery school; 89 USE REGULATIONS - 25 .70 (f) Any commercial day care facility; (3 ) No Adult Entertainment Facility shall operate within seven hundred and fifty feet from the nearest property line of any other Adult Entertainment Facility. 25 .70.060 CARETAKER'S RESIDENCE. In the commercial and industrial districts, a caretaker's residence may be permitted by special permit as an accessory use, provided the followi rm ng circumstances are demonstrated by the applicant: ( 1 ) The caretaker's residence is solely intended to provide security for the established principal permitted use of the property; (2) The residential structure, to include factory assembled homes, will be located on a parcel at least two times the size of the caretaker' s residence (3 ) The structure will conform to other applicable codes and regulations for residential structures. A special permit granted for a caretaker's residence may be reviewed annually upon written request of owners of property within three hundred feet of such residence or upon written request of the city building official. In the absence of written request for review, the special permit shall automatically be extended for one year. 25 .70.070 COMMUNICATION TOWERS . 1 . Communication Towers as defined in 25 . 12 . 150 are permitted in all residential districts for non-commercial purposes provided: (a) Such structures and appurtenances shall not be located in the required front yard or in front of the front line of the dwelling or principal building; (b) Such structures shall not exceed a height of 10 feet within a required side or rear yard; (c) Such structures shall not exceed a height of 80 feet within the rear yard set back area; and, (d) Not more than one such structure per lot or parcel shall exceed a height of 30 feet. 2. Wireless Communication Towers are permitted under the following conditions: (a) Such structures shall be permitted in all industrial or C-3 zoning districts provided the location is 500 feet or more from a residential district. Any location closer than 500 feet requires special permit approval. (b) Such structures may be permitted by special permit in all other zoning districts provided said structures are: (i) attached to or located on an existing or proposed building that is higher than thirty-five (35) feet; or (ii) located on or with a publicly owned facility such as a water reservoir, fire station, police station, school, county or port facility. (c) All applications for building permits must be accompanied by verification of approval by the Federal Communications Commission (FCC) , the Federal Aviation Administration (FAA) and any other state or federal requirements for tower design 90 USE REGULATIONS - 25 .70 and location. Additionally all tower construction plans must be designed and stamped by a licensed professional engineer. (d) All wireless communication facilities shall be removed by the facility owner within 6 months of the date the facility ceases to be operational or if the facility falls into disrepair. 25 .70.080 COMPOST BOXES/PELES . Compost boxes or piles are permitted in rear yards only as accessory uses in any residential zoning district provided, they are maintained in such a manner so as not to be a nuisance and are located at least 5 feet from any adjoining property. 25 .70.090 FACTORY ASSEMBLED HOMES . Factory assembled homes may be permitted in the R-S -20, R-S- 12, R-S - 1 , R-1, R-29 R-3 and R-4 zoning districts, provided the following provisions are met: 1 . Location Criteria: (a) A lot or parcel upon which a factory assembled home is to be placed shall be part of a subdivision that was platted not less than thirty-five years ago. (b) The unit must be less than five years old as determined by the manufacture date. (c) The value of a factory assembled home must not be less than 100 percent of the average assessed value, as determined by the records of the County Assessor, of improvements on other properties in the same block and adjacent blocks . Properties developed with commercial or multifamily structures shall not be considered when determining value. Determination of value shall include the value of all site improvements. (d) The unit must not have outside dimensions less than 24' x 36' which provides 864 sq. ft. of living space excluding basements and attached garages. (e) Roofing materials must be approved composition shingles, coated metal or similar roofing material. The roof pitch shall not be less than 3/ 12 . (f) Exterior siding must consist of cottage lap, T1 - 11 or similar siding materials commonly used on conventional site built residences. (g) Placement of factory assembled homes must conform to all applicable yard requirements for the zoning district in which it is located. (h) The unit must be placed on a pit set foundation system and be skirted with a material which is similar in appearance to concrete and be provided with required crawl spaces access and ventilation as recommended by the manufacturer. (i) Title elimination must occur within one year of installation. (j ) All wheels, tongues, and other transportation equipment must be removed from the unit when placed upon the lot. 25 .70. 100 HAZARDOUS WASTE. 91 USE REGULATIONS - 25 .70 ( 1 ) No person, firm, or corporation shall use any parcel(s) , lot(s), or tract(s) of land for disposal of "dangerous " or "extremely hazardous " waste (chemical) as defined by Chapter 173-303 of the Washington Administrative Code, or (2) Any operation involving radioactive material greater than one curie in a sealed form, or any radioactive material in a non sealed form, but excluding any place of medical practice; except upon a permit granted by the City Council applied for in the manner prescribed by Chapter 25 . 86 of this code and after receipt by the City Council of the recommendation of the Planning Commission. In developing a recommendation, the Planning Commission, shall, in addition to the requirements of Chapter 25 .86 also consider the location of the proposed use, the zoning regulations, the threat to the public health, safety or welfare, the effect of surrounding property values and development, reclamation of property, and the suitability of the property for the use proposed. (3) Uses or activities that process or dispose of medical wastes as defined by Chapter 173-303 of the Washington Administrative Code are required to obtain a special permit following the procedures of Chapter 25 . 86. 25 .70. 110 NATURAL RESOURCE USES . ( 1 ) MINERAL EXTRACTION. Mineral extraction, quarrying, rock crushing or related activities such as a batch plant or a premix plant may be permitted in any zone, on approval of a special permit and as provided in this Title, the excavation and sale of sand and gravel, clay, shale, or other natural mineral deposits (except topsoil) for the quarrying of any kind of rock formation shall be subject to the following conditions : (a) In case of an open excavation or quarry, there shall be a substantial fence with suitable gates completely enclosing the portion of the property in which the excavation is located and such fence shall be located at all points forty feet or more from the edge of the excavation or quarry; (b) Whenever production in any area used as a gravel pit, sand pit, clay pit, or quarry shall have been completed, then all plants, buildings, structures and equipment shall be entirely removed from such property and stockpiles shall be removed or back-filled into the pit within one year after such completion. When production shall have been completed, then the owner shall take such measures to rehabilitate the area as deemed reasonable by the city engineer and or as required in the special permit (2) AGRICULTURAL USES . (a) All existing agricultural uses (limited to existing acreage) occurring within any zoning district of the City of Pasco where not expressly permitted by this code , shall be deemed a lawfully established non-conforming agricultural use . (b) The production of alfalfa or pasture grasses on acreage of any size shall be considered permitted uses within all zoning districts. (3 ) STRIPPING OF TOPSOIL. No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or for use other than on the premises from which the same shall be taken, except in connection with the construction or alteration of a business on such premises, in which an excavation could be incidental thereto. 92 USE REGULATIONS - 25 .70 25 .706120 OUTDOOR SHOPS AND SALES . Where the business of selling merchandise is permitted under this Title, such business shall be within an enclosed structure meeting the requirements for the particular type of occupancy. An enclosed structure shall mean a building or similar established structure, but shall not mean a vehicle or other device capable of readily being removed from the premises. The requirements of this section shall not apply to businesses selling merchandise in the following situations : ( 1 ) Where there is specific authorization by this code that clearly permits the conducting of the business outside an enclosed structure, but only to the extent clearly permitted; (2) Where there is specific authorization by this code that permits a business to be conducted and such business by its very nature must be conducted outside an enclosed structure, but only to the extent that it must be so conducted; (3) Where the merchandise is of such size as to render it impractical to contain the merchandise within a building or is of a character that does not readily deteriorate when exposed to the elements ; (4) Where the merchandise is plants, shrubbery, or trees growing or cut. (5) When the merchandise being sold is on the same premises, or adjoining (premises, or on a premises within two hundred feet of the premises from which a business is conducted from within an enclosed building and the operator of the business conducted within an enclosed building has control of and is responsible for the use of the premises; (6) Where the merchandise is fruits, vegetables, berries, butter, eggs , fish, milk, poultry, meats, or any farm products or edibles raised, caught, produced, or manufactured in any place in this state by the person selling the merchandise; (7) Where the merchandise is food or liquid refreshment being sold for immediate consumption. 25 .70. 130 PAWNSHOP and SECONDHAND SHOPS . Pawnshop and secondhand dealers as defined in Section 25 . 12 . 360 and 25 . 12.385 are prohibited from operating in zones in the C-2 (Central Business District), the C- 1 (Retail Business District) , the BP (Business Park District) zone, "O" (Office District) zone, C-R (Regional Commercial) Zone and any residential zone. Pawnshops and secondhand dealers are permitted to operate in the C-3 (General Business District) zone and the I- 1 (Light Industrial District) zone provided however no new pawnshops and secondhand dealers licenses shall be issued to an establishment located closer than 1 ,000 feet from an existing pawnshop or secondhand dealer. All business activities of pawnshop and secondhand dealers located in the C-3 (General Business District) zone shall be conducted entirely within an enclosed structure. 25 .70. 140 TATTOO PARLOR. Tattoo Parlors as defined in 25 . 12.445 are prohibited from operating in the C-2 (Central Business District) , the C- 1 (Retail Business District) , the BP (Business Park District) zone, the "O" (Office District) zone, the C-R (Regional Commercial) Zone, and any residential zone . 25 .70 . 150 VEHICLE-RELATED USES . ( 1 ) Any building to be used as an AUTO BODY SHOP, as defined in Section 25 . 12 .085 , shall have a spray paint room or spray paint booth which complies with the requirements of the Uniform Fire Code and/or Uniform Building Code. 93 USE REGULATIONS - 25 .70 (2) INOPERABLE VEHICLES , as defined in Section 25 . 12.475 are permitted within the R-T, R- S -201 R-S - 12, R-S - 1 , R-1, R-2, R-39 R-4, and RFA-1/ 1 -A Districts and on all non conforming residential uses in other districts subject to the following conditions : (a) Only one ( 1 ) inoperable vehicle may be stored outside of a fully enclosed building on the property, as an accessory use to a dwelling unit. (b) The inoperable vehicle stored outside shall not be stored upon a public right-of-way or in the front or side yard areas of the property, and shall not conflict with other residential requirements such as off-street parking and lot coverage. (c) The trunk of the outside inoperable vehicle shall be removed or locked at all times it is unattended, and the unattended vehicle shall be completely enclosed within a six (6) foot fence, which is fully site obscuring. (d) All vehicle parts not properly installed upon a vehicle shall be stored inside a fully enclosed building except that parts may be stored within the outside inoperable vehicle. 25 ,70o 160 WINERIES . The following standards must be met or exceeded: ( 1 ) Outdoor Storage. Outdoor storage of any kind, except wine storage, is prohibited unless such storage is completely screened from public view by an opaque screening device. Screening visible from public rights-of-way and less intense zoning districts shall be constructed of brick, decorative concrete, natural stone, decorative masonry or cedar fencing material. Screening shall be constructed and maintained at a sufficient height to visually screen all stored materials . (2) Utilitarian Areas. All areas of the property used for loading and unloading purposes, trash receptacles, transformers and utility purposes shall be visually screened as provided in Section ( 1 ) above. (3) Landscape and Buffering. In addition to the landscape provisions of Chapter 25 .76, the Planning Commission may require additional landscape features to insure the proposed winery will be in harmony with and not impair the value of present and future development of adjacent lands . The spacing of shade trees in all buffer areas shall not be greater than thirty linear feet. Buffer area trees shall be a caliper size of one and one-half inch at the planting. (4) Exterior Lighting. Exterior lighting shall be directed on site so as not to interfere with the comfort and repose of adjoining property owners. (5) Building Design . The exterior of all structures shall be constructed of brick, natural stone , exposed aggregate, decorative concrete, stucco, cedar siding or lap siding as approved by the Planning Commission. Roofing materials may consist of composition shingles, standing rib or delta rib baked enamel metal roofs, or alternate as approved by the Planning Commission. 94 w oil aOzrooc) a r: cw dnn a� a ,:: w = 4' w 3 w a a- = C A :: K �D w w Y w Y n Y a � I� No,C n A a ,;: ,. y y };L ry O CD w a L 0 co o cc ° w o o. 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L�8 %'% :- 'R-S-1 SUBURBAN DISTRICT _cr ♦• y5Ly;: R-1 LOW DENSITY RESIDENTIAL DISTRICT ,Q 'R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT CL {: }.;. .. , fk.. y{: R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT N {:. s .,;:'•��'; 'k > ' -4 HIGH DENSITY RESIDENTIAL DISTRICT � R ,. rr:•}: 'RFAH-1 RESIDENTIAL FACTORY ASSEMBLED HOME DISTRICT }•; i.L { ' RESIDENTIAL FACTORY v .✓.:?:: L r . r ASSEMBLED HOME DISTRICT rook "✓v� :' J ' ' RMHP MOBILE HOME PARK DISTRICT r': .:... . ti O OFFICE DISTRICT . : C-1 RETAIL BUSINESS DISTRICT y Xan C-2 CENTRAL BUSINESS DISTRICT DISTRICT {{L�;.:xr ro ro ro ro ro v o :> }> ? ? `:`•{ n C3 GENERAL BUSINESS DISTRICT 'C-R REGIONAL COMMERCIAL DISTRICT }{r. ... BUSINESS PARK DISTRICT } :> 9 }�'.N•,,••}••. h•: 1-1 LIGHT INDUSTRIAL DISTRICT ro ro ro �'�>:f^`. ro :;, ?•; �:', ro ro ro ro ro ro ro ro ro ro ro ro 9-2 HEAVY INDUSTRIAL DISTRICT 13 PORT INDUSTRIAL DISTRICT CHAPTER 25.72 NONCONFORMING USES Sections : 2531010 Purpose 25971020 Establishment of nonconformity 25 .72 .030 Development of existing lot of record 25326040 Continuation of nonconforming uses 2532.050 Maintenance, damage, repairs, restoration 25971060 Discontinuance of a nonconforming use or structure 25 .720010 PURPOSE. Amendments over time to regulatory authority provided within this Title may result in structures, land and uses which no longer conform with the provisions set forth for the district in which they are situated. Therefore, it is the purpose of this chapter to allow for the continuance and maintenance of legally established nonconforming uses and structures subject to standards and provisions prescribed within this chapter. 25 .72 .020 ESTABLISHMENT OF NONCONFORMITY. The burden of establishing that any nonconformity is a legal nonconformity as defined herein shall, in all cases, be upon the owner of such nonconformity and not upon the City. Upon request, the City Planners shall assist the property owner in locating public records which pertain to the legal status of the nonconformity. 25 .72 .030 DEVELOPMENT ON EXISTING LOTS OF RECORD . In any district, any permitted use or structure may be erected on an existing lot of record as recorded in the Franklin County Auditors office. Said lots shall be deemed to meet the lot size requirements of this Title, provided all adjacent or abutting lots are held under separate ownership on the effective date of this Title. 250720040 CONTINUATION OF NONCONFORMING USES . ( 1 ) Generally. Any legal nonconforming use may continue as long as it remains otherwise lawful and provided that: (a) A nonconforming use may not be altered or extended during its life except as provided herein ; (b) No nonconforming use shall be extended to displace a conforming use ; (c) Once a nonconforming use has changed to a conforming use, it shall not revert back to a nonconforming use, except as provided in 25 .42 .040,( 1 ) ; (d) The extension of a lawful use of any portion of a nonconforming building shall not be deemed the extension of such nonconforming use. 25 .72 .050 MAINTENANCE DAMAGE REPAIRS AND RESTORATION . ( 1 ) Ordinary maintenance of a nonconforming structure which includes minor interior and exterior repairs and incidental alterations is permitted. Minor maintenance and repair may include but is not limited to painting, roof repairs and replacement, plumbing, wiring, mechanical equipment replacement, and weatherization . Incidental alterations may include NONCONFORMING USES - 25 .72 construction of nonbearing walls and partitions . Ordinary maintenance and incidental alterations shall not exceed 20 percent of the value of the building at the time of repair or alteration. (2 )No building damage by fire or other causes to the extent of more than fifty (50) percent of such assessment value shall be repaired or rebuilt except in conformity with the regulation of this Title. (3) Any structure or portion thereof declared unsafe by a properly authorized person may be restored to a safe condition and continue as a nonconforming use, unless such repairs exceed fifty (50) percent of the assessed valuation of the structure as determined by the records of the Franklin County Assessor, 2532 .060 DISCONTINUANCE OF A NONCONFORMING USE OR STRUCTURE A nonconforming use or structure shall become discontinued when it is : ( 1 ) Abandoned for a period of one or more years; (2) Damaged and application for rebuilding has not been made within six months of such damage ; (3) Damaged to the extent that reconstruction costs exceeds fifty (50) percent of the assessed value of the structure. 102 CHAPTER 25 .74 SITE DESIGN STANDARDS Sections : 25 .74.010 Purpose 2534.020 Site design requirements and standards 25 .74.030 Yards 25 .740040 Building heights 25 .74.050 Business entrances on residential streets 25 .74.060 Garage entrances 25 .74.010 PURPOSE. The purpose of this Chapter is to establish certain basic development requirements. These are minimum standards which must be met to assure land use compatibility and promote public health, safety and welfare. 25349020 SITE DESIGN REQUIREMENTS AND STANDARDS . Tables 74- 1 and 74-2, "Site Design Requirements and Standards", are incorporated as part of this Chapter as reference guides and is inserted at the end of this chapter. These requirements are hereby established for all development in the zoning districts indicated. 25 .74.030 YARDS . ( 1 ) VARIABLE YARD REQUIREMENTS . The City Council, on recommendation of the Planning Commission, and after a public hearing held by the Planning Commission, may establish a building line along certain streets throughout certain zones or throughout certain natural areas, other than the setback requirements as established herein, when it is found that to do so will protect public health, welfare and safety. (2) FRONT YARD. Where any front yard is required, no building, structure, satellite dish, stationary play equipment or clothes lines shall be hereafter erected, altered, or placed so that any portion thereof shall be nearer to the front property line than the distance indicated by the depth of the required front yard, except: (a) Eaves, cornices , belt courses, and similar ornamentation may project over a front yard not more than two feet; (b) An open or enclosed porch shall be considered part of a building in the determination of the front yard setback and lot coverage; (c) Where two contiguous corner lots, or two lots separated only by an alley, form the entire frontage between two parallel streets and there is erected a solid six foot fence, permitted accessory buildings may be located not closer than five (5 ) feet from the property line along the street on which there is a solid six foot fence. This reduced setback shall not apply to garages or accessory buildings higher than ten ( 10) feet. (d) Where two contiguous corner lots form the entire frontage between two parallel streets , the front yard along the common flanking street shall be reduced to fifteen feet. This reduction shall not apply to garages that are accessed from the flanking street. SITE DESIGN STANDARDS - 25 .74 (d) Within the R-S-20, R-S- 12, R-S - 1 , R-1, R-29 R-3 , R-4 and RFAH- 1 / 1 -A districts, where the front yard of a lawfully existing structure is less than that required for the district in which the structure is located, alteration or enlargement of said structure may be permitted, but shall not further reduce the existing front yard dimension or be located closer than fifteen feet from the front property line, whichever is the most restrictive, (e) Within the R-S -20, R-S - 12, R-S - 1 , R-1, R-2 , R-3 and RFA-1/ 1 -A districts, where the front yards provided for lawfully existing structures upon the majority of lots within the same block front and on the same side of the street are of less depth than required by the applicable district regulation, the minimum front yard requirement for the remaining unoccupied lots within the same block front and on the same side of the street shall be reduced to a depth not less than the average front yard dimension provided by said existing structures, but in no case shall the front yard depth be less than fifteen feet. (3) SIDE YARD. Where any specified side yard is required, no building shall be hereafter erected or altered so that any portion thereof shall be nearer to the side lot line than the distance indicated by the width of the required side yard. (a) EXCEPTIONS : Eaves, cornices, belt courses, similar ornamentation and fireplaces may project over a side yard, but not more than 2 feet. (4) REAR YARD. Where any rear yard is required, no building shall hereafter be erected or altered so that any portion thereof may be nearer to the rear lot line than the distance indicated by the required rear yard, except: (a) Eaves, cornices, steps, platforms, and open porches may extend into the rear yard, but not more than 4 feet; (b) An open or enclosed porch shall be considered part of a building in the determination of the rear yard setback and lot coverage. (5) COMMERCIAL YARD EXCEPTION REQUIREMENTS : Where a lot in a commercial district abuts or joins a front, side or rear yard in a residential district any building on the commercial lot shall conform to and meet the front, side or rear yard set backs in the adjoining residentially zoned lot. (6) RESIDENTIAL YARDS IN COMMERCIALS DISTRICTS : Nonconforming residential uses in commercial or industrial districts must maintain residential setbacks as provided in 25 .28 .050. (7) VISION TRIANGLE: No building, wall , fence or other structure higher than thirty-six (36) inches above curb grade shall be placed in a C-3 or I- 1 district within any vision triangle, the equal legs of which are formed by lines measured twenty feet along the property line from the intersection of two streets, or fifteen feet from the intersection of a street and alley. 25 .74.040 BUILDING HEIGHTS . The building heights restriction shall be the height set forth in Table 74- 1 and 74-2 , with the following conditions in the C-3 zone : ( 1 ) Exceptions to Height Regulations . Chimneys, water tanks , penthouses, towers , scenery lofts, elevators , bulkheads, stacks, ornamental casting towers, monuments, steeples, cupolas, domes , false mansards, and similar structures and necessary mechanical appurtenances may 104 SITE DESIGN STANDARDS - 25 .74 be erected to any height not exceeding the cross sectional area of 20 percent of the ground floor. (2) The above exceptions shall not apply to structures within the designated airport zones . 25 .74.050 BUSINESS ENTRANCES ON RESIDENTIAL STREETS . Where a residential district is bounded by a portion of a business district, any side street extending through such residential district into such business district shall not be used for any business purpose. A business structure erected in a business district shall face and open upon the street set aside for business purposes. 25 .74.060 GARAGE ENTRANCES . No public garage for more than five motor vehicles shall have an entrance or exit for motor vehicles within fifty feet of a residential district. 25 .74.070 SITE DRAINAGE. All storm drainage shall be retained on site and controlled by way of drainage swales , dry-wells, french drains or other means as approved by the City Engineer. 105 / VJ 0 N A (n D V N N N 0 III Q N d C a 0 d CL X d C C M O N ^ a c N• T.• c d ° �' °i 0 (A (D O. x CL fD N a a a CD ° O n 7 m p p a n c a o !�' M cc x 3 m `D 0 3 aDm x o 0 m a o mn c 3 o o H c c o �' m 3 0 d H �< a fl ?� d d �. N S S p S fD N O d N N y 3 X x 3 (!► CL W CD d d c0 fD p D D O� N c c ? m e m C.) 0 a n o d - o co 0 3 c c 3 K mm'K$ (P w fD d - a =0 > �D m 5 0 ° m `z w 3 3 r CL Qo o n� o o 0 ti c 0) ° W a o 0 m - o O 0 m 0 0 -• m o 0 a ^ 0 D °o o° 3 ° ° 00 o z z fi m a 3 coo a y 3 Q m CD _ < 00, 0 � ? � ° ° � S. � �D c c m o � 0 � c, n 7 -° C C co -• �p in a a .� ? C. - y d fa d C fN o d d M 0 rn m ° m m ° m - m 3 m h o a 3 ° g `2 m y m f• f g m `" y Cl. ^ N H C X T C N V fD OT 0 N a C M f<D ^ �p N (D (O d O O p fp a s 0. d ° d ^ < a) m fD x >y n d d a 0 to Q G N a O a N mmm% CD° O a 7 ? d N < N 0 O O. O. •• Cl. f y S y d d CD -" `< %< d Q d d d N R-T RESIDENTIAL TRANSITION ZONE'a c � o 0 o m o s 0 m 7 U) CD aim 0 :3 M 0 0 c 3 U) 0 cD a CD O fD S O N O N CL U) F o a ° o �, -°o RS-20 SUBURBAN DISTRICT CD ? c c v f m °o C. (D N c - S d ? N � N W S W C d � D. UI Co Uw U1 v m :D. Q 0• ° a s U! o m m o w 0) �p 0 RS-12 SUBURBAN DISTRICT 0 °d 0 0 7 0 c cdi c°i m 3 f° m mmmmm °: w m ^ d d o mmmmmmmmm 0 0 v m `n N CD C m ° ° 'RS-1 SUBURBAN DISTRICT :3 o O d a o .t O <D m CD °o °O = m a Z a o d o c o• o°) °, o 'RA LOW DENSITY RESIDENTIAL DISTRICT r m a 0 0 m CD m N 7 m m a cn cr m o CL vt Z_ N CD. c o � 0 0 3 $ m 0 'R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT Z cn ._ .. m d p � U, o G7 ma cD fl. y s v_ sv d d N V ? O O N m cn a o 'R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT (j c ° ca 0 0 m ° N 'R-4 HIGH DENSITY RESIDENTIAL DISTRICT m • A � 0RFAH-1 & 1 -A RESIDENTIAL FACTORY °) o ASSEMBLED HOME DISTRICT 0 N Ut o RMHP MOBILE HOME PARK ZONE N o vl m V N N c♦ ? m co V^ V'O m CD a 2 m o = m c m m = y O C m 0 G 7 0 0 y 0 C N m o e o W `° y m a 2 ICn ID Q 0 c = m x ID m o o m z �» CD 3 m 3 x 3 m to m , m ai m n v fn m x a 3 m' v fc 0 cD � 0 y (D o c 3 3 CD d - $ o �• m = m 3 r c c _a o y = a CD r- 0 3 O. M. S y O. — (D C W 0 o m O» O 0 O• O = N » y = O Gf D ID d c c n =. X ;o ;o m CD m O a O O N N N N N d N III _ 0 c O O Of C C 0. G. CL G G. " 0 ch CA CD M CD CD c = f c 2) Oi m Oi a = m ;p c 0 c c o c c an d y m o c �' m m CD _-� O. O L 0 < U) CA) o H m ° y q• m IS y d 0 O d d y d O N O a,• ID ^ = K O N m - 17 0 1 y y C N 07 O. y < ._•. 0 D 1 m y C. y CD y C N CD O. N < 0 0 .0 %< 0 0 = 0) C m 0 Q C) 7 O CL O n y N n O O W CD o °� 0 > > o o N c O OFFICE ZONE > v ° CD w m o CD CL - W c m `^ � C7 O. = O O 0 y 0 W OI IN 9D y N m O N y W m CD CL W 0 ? y 3 c 00 $ - -- a D? a c, CA RETAIL BUSINESS ZONE C. °: .0c co d d cr a _ a CL 3. m O � o I n O fD 2 y :5. -w a W 0 fD " O. O Q m y ° m o C-2 CENTRAL BUSINESS DISTRICT ZONE CD m CD n, °' m cD f w d X U) O. O G N y g 0 O Cl n H a = n 3 D 3 CL � o °-' (D o o E ° C3 GENERAL BUSINESS ZONE n c 3 N Z m E 3 U) t° =r p C C CL o' 3 2 to m d 3 0 d C=R REGIONAL COMMERCIAL X G CD y CD N � ni CD y < d x 0 D CD o n (D CL r 3 m m .0 y m 0 y D) ID 3. C ?, m $ o o o BUSINESS PARK DISTRICT Z C. Z 0a m mn N y y mo d 0 d — O O• C. a o I-1 LIGHT INDUSTRIAL ZONE ms n = C. m m S• CA 0 N CL N 0, d v O N (n c o = I-2 HEAVY INDUSTRIAL ZONE CL N n o 0 2 13 PORT INDUSTRIAL ZONE m m CHAPTER 25 .76 LANDSCAPING AND SCREENING Sections : 25 .76.010 Purpose 25 .76.020 Application of chapter 25 .76.030 Definitions 25 .76.050 Screening required 25 .76.060 Design standards 25 .76.070 Special Design Standards 25 .62.080 Parking Lot Landscaping 25 .76.090 Plan required 25 .76. 100 Relief 25 .76. 110 Maintenance - Responsibility 25 .76. 120 Penalty - Enforcement 25076e 130 Additional remedy - Lien 25 .76 .010 PURPOSE. The purpose of this chapter is to establish minimum standards for the provision, design, and maintenance of landscape areas and sight-obscuring methods within various zoning districts of the community, thus preserving the health, safety, and general welfare of the district. Further, it is the purpose of this chapter to achieve particular objectives including, but not necessarily limited to, the following: (a) Stabilize and preserve land values within and adjoining commercial and industrial districts ; (b) Provide an opportunity for the development of an aesthetic visual environment within the commercial and industrial districts as well as residential districts for the benefit of the users of such districts as well as passers-by; (c) Preserve the safety of the general public by assuring adequate lines of sight along public streets and at intersections ; (d) Provide not only for the health, safety, and general welfare of the residents, workers and visitors of the community, but also to provide for the beauty and balance of the community, as proper and necessary concerns of local government. 25 .76.020 APPLICABILITY AND EXEMPTIONS . (a) NEW CONSTRUCTION: The requirements contained in this chapter shall be deemed to be minimum standards for landscape and screening and shall apply to all new development, except for properties located in the C-2 Central Business District. All properties developed in Business Park Districts shall comply with the provisions of Chapter 25 .50. (b) RECONSTRUCTION: Whenever the cost of a remodel, alteration, reconstruction, or expansion of an existing building meets or exceeds thirty-three (33 ) percent of the assessed value of the building, the requirements of this chapter shall apply. 25 .76 .030 DEFINITIONS . For purposes of this chapter, the following definitions shall be used: LANDSCAPING AND SCREENING - 25 .76 ( 1 ) "Landscape" shall include, but not be limited to, natural or artificial grass, flowers, shrubs and trees, planters, and ornamental forms of stone and wood, but shall exclude pavement. (2) "Landscape area" means those individual or collective portions of the lot devoted to landscape. A developer or property owner may receive credit toward the required landscape area for pedestrian walks or ways when such walks or ways are decorative and/or textured in character and are designed as a complementary part of the landscape area. No more than 25 percent of the landscaped area can be treated with decorative pedestrian ways and be included in the overall calculations for landscaped area. (3) "Lot" means the area within the property lines of the parcel or group of parcels upon which the proposed construction or improvements will occur, including all accessory or incidental use areas. (4) "Outdoor storage " means all materials, equipment, merchandise or objects kept or placed on the lot or not within an enclosed structure, for preservation or later use or disposal; it is not intended, however, to include the following exceptions : (a) Those objects customarily stored outside an enclosed structure due to their size and due to their being of such character as to not readily deteriorate when exposed to the elements, such as automobiles, mobile homes, boats and other vehicles, farm machinery, irrigation and heavy construction equipment, and those objects which are themselves enclosures ; provided, however, said objects are being kept primarily for immediate sale to others or for rental to others; (b) Neat and orderly outdoor displays of items or objects for immediate sale when such displays are incidental or accessory to an established commercial principal activity conducted from an enclosed structure, and further provided that the area consumed by said displays does not exceed an amount equal to ten percent of the net lot area; (5) "Live vegetation" means healthy nursery stock consisting of shrubs , trees , ground cover or lawn. Live vegetation does not include weeds, native grasses, bark or other mulches, ornamental stone or artificial plants or grass . 25 .76.050 SCREENING REQUIRED. ( 1 ) Outdoor storage located in a commercial or industrial zone with existing or new development shall be screened from any adjacent residential zones and from residential zones across a public street or alley. (2) Outdoor storage in C4 (Retail Business) zones shall be sight screened from all adjoining properties. (3) Outdoor storage located in a commercial or industrial zone with existing or new development and upon a lot adjacent to or visible from the following streets shall be so screened as to obscure vision of such outdoor storage afforded from said streets : (a) "A" Street; (b) Columbia Street, between lst Avenue and 10th Avenue , (c) Lewis Street; (d) West Clark Street, (e) Sylvester Street; 109 LANDSCAPING AND SCREENING - 25 .76 (f) Court Street, (g) Highway #395 , (h) Oregon Avenue ; (i) First Avenue, north of "A" Street; 0) Third Avenue, north of "A" Street; (k) Fourth Avenue, south of Highway 395 ; (m) Fifth Avenue, between "A" Street and Court Street; (n) Sixth Avenue, between "A" Street and Court Street; (o) Tenth Avenue; (p) Fourteenth Avenue ; (q) Twentieth Avenue ; (r) Twenty-Eighth Avenue; (s) Thirty-Fourth Avenue; (t) Thirty-Sixth Avenue; (u) Interstate 182 ; (v) Highway # 12 ; (w) Road 68 ; (x) Broadmoor Boulevard; (y) Broadway Street, west of Wehe Avenue (z) Sandifer Parkway (aa) Burden Boulevard (4) Screening of outdoor storage shall be accomplished by one or both of the following methods: (a) Dense shrubs and/or trees planted to provide a sight obscuring screen and within a minimum height of 6 feet, both within two years of planting, (b) A solid or otherwise sight-obscuring fence or wall at least 6 feet in height. (5) Commercial and industrial side and rear yard landscaped areas adjacent residential districts must contain a 6 foot high continuous solid screen. (6) For security purposes, portions of the required screening, not to collectively exceed 20 lineal feet along each street or alley adjacent to the lot from which vision is obscured, may be left unobstructed and open to view. (7) Solid waste receptacles provided for multiple dwellings, provided in all commercial and office districts, and were visible in industrial districts shall be located within an area enclosed on three sides by a five-foot minimum site-obscuring fence, which provides a visual screen from any abutting street. In no case shall such enclosure and receptacle(s) be permitted within the required front yard. 25 .76 .060 DESIGN STANDARDS . ( 1 ) Intersections. Landscape materials or foliage of any kind situated within the vision clearance triangle shall not obstruct or obscure horizontal vision between the heights of 3 and 10 feet above the adjacent street or driveway grade. 110 LANDSCAPING AND SCREENING - 25976 (2) Fences, Walls And Hedges : 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. 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, exclusive of landscaping berms, ground depressions and other topographical irregularities. (3 ) Front Yards : Subject to subsection ( 1 ) of this section, the height of fences, walls and hedges shall be limited to 3 . 5 feet within the front yard area of residentially zoned lots, retail business and office zoned lots; provided, when two contiguous corner lots , or two corner lots separated only by an alley right-of-way, form the entire frontage between parallel or nearly parallel streets, the height of fences, walls and hedges shall be limited to 6 feet within the front yard adjacent the side street. (4) Rear and Side Yards : The height of fences, walls and hedges within the side and rear yards of residentially zoned lots, retail business and office zoned lots shall be limited to 6 feet. A gate or opening with a minimum 3-foot width leading into at least one side yard shall be provided. (5) Fences shall not be constructed out of tires, pallets, bed springs, multi-colored materials, except colored materials manufactured specifically for fencing (i.e.), slats of chain link fences , tarps, plastic sheets, corrugated sheet metal, wheel rims and similar or like materials not traditionally manufactured or used for fencing purposes . Hog wire or chicken wire fencing material is not permitted in residential or commercial zones . (6) 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 intrical part of the fence design and aesthetics and not used solely for structural support may be visible from a public street. (7) Barbed and razor wire fencing is prohibited in all residential districts, except barbed wire may be permitted in suburban residential districts on tracts larger than an acre, in the Office district and the Central Business district. In the C- 1 Retail Business district only one strand of barbed wire is permitted along the top rail or within two (2) inches of the top rail. (8) 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 . (9) Vision Triangle: No fence, wall or hedge, landscape material or foliage higher than 3 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, a chain link fence of 6 feet, or a smaller chain link fence set upon a maximum 3 -foot wall or other structure not exceeding a combined height of 6 feet, may be erected within said area of intersection of street and alley so long as the chain link or woven wire fence is at all times unobstructed by foliage or other matter. ( 10) Public Right-of-Way. 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. ( 11 ) A fence or wall shall not be erected without first obtaining a building permit from the building inspector. 111 LANDSCAPING AND SCREENING - 2536 ( 12) Fire Hydrants . Where a fire hydrant is located within a landscape area, it shall be complemented by a minimum clearance radius of three feet. ( 13) Irrigation . Where the landscape materials used in required landscape areas depend on water for sustenance, an underground sprinkler system shall be provided. ( 14) Materials . Bark mulch, ornamental stone and other nonvegetative material shall not represent more than 50 percent of the landscaping within all landscaped areas on a site. ( 15) Location of Trees . No tree, as measured from its center, shall be located within 10 feet of a street light standard, within 5 feet of a driveway or a fire hydrant. ( 16) Lawns. Lawns shall be planted with grass species normally grown as permanent lawn in Franklin County. Lawn areas may be sodded, sprigged, or seeded, except that solid sod shall be used in swales or other areas subject to erosion. ( 17) Unused right-of--way in commercial and industrial zones . The area between property lines and street curbs or sidewalks, exclusive of driveways for ingress/egress, shall be treated with landscape materials. ( 18) Commercial and Industrial Districts . In addition to the requirements contained in this chapter, commercially and industrially zoned properties adjacent properties in less intense zoning districts shall have a 10 foot landscaped setback. This setback shall be planted with shrubbery and at least two trees for ever 50 linear feet of side or rear yard. Trees may be planted in groupings or singularly as long as there is at least one grouping or tree per side or rear yard. The C-2 zoning district shall be exempt from the provisions of this chapter. ( 19) The first 10 feet of all commercial and industrial property abutting an arterial street and the first 5 feet of commercial or industrial property abutting local streets shall be treated with a variety of landscape elements. No less than 50 percent of the landscaped area must be covered with live vegetation at the time of planting. (20) Residential Landscaping: At least 50 percent of the required front yard area for all residential property, excluding driveways, shall be treated with live vegetation. (21 ) All areas of a lot or parcel not landscaped or covered with improvements, that have been disturbed shall be re-seeded with native grasses or otherwise treated to control erosion and dust. 25 .76.070 SPECIAL DESIGN STANDARDS In addition to the design standards contained in 25 .76.060 the following standards shall be required for landscaping in the following areas : ( 1 ) SANDIFUR PARKWAY STANDARDS : From the back of the curb on Sandifur Parkway there shall be a 14 foot wide landscaped area containing a five (5) foot wide meandering sidewalk approved by the City Engineer. Every one hundred and forty ( 140) lineal feet of landscaped area shall contain one ( 1 ) six to seven (6-7) foot Colorado Blue Spruce, three 2" caliper Greenspire Linden, 35 , 15 to 18 inch tall Blue Chip Juniper, 26, 15 to 18 inch tall Goldstar Potentella, 24, 12 to 15 inch tall Dwarf Oregon Grape, and 25 , 18 to 42 inch tall Dwarf Winged Euonymous all, but the Colorado Blue Spruce shall be on a 12 inch high berm between the curb and the sidewalk. Polyedging shall be used at all turf and shrub bed borders . Except for the shrub bed areas and sidewalk the remainder of the landscaped area shall be treated with turf. An automatic irrigation system shall be provided. 112 LANDSCAPING AND SCREENING - 25 .76 (2) BROADMOOR BOULEVARD STANDARDS : The undeveloped portion of the right-of- way between highway I482 and Sandifur Parkway shall be landscaped with a design pattern as approved by the City Engineer. The landscaped design shall include a curvilinear shrub bed containing 77 , 2. 5 inch caliper Columnar "Armstrong" Maple trees, 156, 15 to 18 inch wide Mugo Pine, and 198 , 15 to 18 inch Dwarf Winged Euonymous . The remainder of the area is to be treated with turf and 16, 2 .5 inch caliper Thundercloud Plum trees. Polyedging shall be used at all turf and shrub bed borders. An automatic irrigation system shall be provided. (3) SHELTER BELT: The Shelter Belt is a landscaped buffer identified in the Comprehensive Plan that is to be located north of East Lewis Street and east of Oregon Avenue. The Shelter Belt is to provide a vegetative and structural screen between areas designated for future commercial and residential land uses in the Comprehensive Plan. All commercial properties abutting residentially designated lands shall provide a 15 foot landscaped area along the property line between the commercial property and the residential properties for future residential properties . This landscaped area shall contain pine trees, as approved by the Director of Administrative and community Services, every forty (40) feet and Blue Chip Juniper or other shrubbery approved by the Director of Administrative and Community Services . (4) OREGON AVENUE: All properties fronting on Oregon Avenue shall at the time of development or redevelopment as provided herein install turf with street trees every 50 feet in the required landscaping area on Oregon Avenue. The turf shall provide 100 percent coverage of the required landscaped area. (5) PERPETUAL MAINTENANCE: The developer shall be responsible for providing for the continued maintenance of all landscaped areas within the right-of-way on Sandifur Parkway and Broadmoor Boulevard. The developer has the option of entering into a maintenance agreement with the City, binding the developer to personally be responsible for maintenance or depositing funds in an amount determined by the Director of Administrative and Community Services (not to be less than $ 1 ,200.00 an acre) into a City interest bearing account to cover costs of future maintenance. 25 .76.080 PARKING LOT LANDSCAPING. ( 1 ) All parking areas fronting arterial streets shall be set back 10 feet from the property line. Parking areas adjacent local access streets and alleys shall be setback 5 feet from property lines . All parking lot setback areas shall be treated with a variety of landscape elements with no less than 50 percent of the surface being live vegetation at the time of planting. (2) Exclusive of the landscaped setbacks required in 25 .76 .080( 1 ) parking areas shall contain additional landscaping as follows : (a) Lots having 5 to 50 stalls : A minimum of 8 % of the gross parking area must be landscaped. (b) Lots having 51 to 99 stalls : A minimum of 7 % of the gross parking area must be landscaped. (c) Lots having 100 or more stalls : A minimum of 6% of the gross parking area must be landscaped. 113 LANDSCAPING AND SCREENING - 25 .76 (d) Landscaped areas must be adequately protected from damage by vehicles. (e) No parking stall shall be located more than 75 feet from the edge of any landscaped area. (f) One tree which provides shade or is capable of providing shade at maturity, is required for every 200 square feet of required landscaped area. 25 .76 .090 PLAN REQUIRED . In commercial and industrial zones , compliance with the requirements of this chapter shall be demonstrated on a scaled site plan submitted with and as part of application for building permit. Said site plan shall include. ( 1 ) Designation and dimensions of all use areas within the lot; (2) Boundaries and dimensions of all landscape areas including location and common names of all landscape elements ; (3) Area, in square feet of individual and collective landscape areas ; (4) Location of screening, where required; (5) Method of irrigation, if applicable . (6) Location and identification of adjacent streets ; (7) Location of outdoor storage area if applicable, (8) Location of driveways. 25 ,76, 100 RELIEF. Where relief is sought from the provisions of this chapter, application shall be made in the form of a letter explaining the relief sought and the reasons therefor accompanied by a scaled site plan and a fifteen dollar fee. The complete application shall be filed with the City Planner. Within fifteen working days from the date of receipt of a complete application, the City Planner shall issue a written decision to approve, approve with modifications, or deny the request for relief. Any decision of the City Planner may be appealed to the City Council if written notice of appeal, which shall include all and exclusive reasons for said appeal, is filed with the City Planner within ten working days from the date of the decision. In the event a written decision is not issued by the City Planner within the required time period, the application for relief shall automatically constitute a qualified and propely filed notice of appeal and shall be considered by the City Council in accordance with this section. The City Council, within thirty calendar days from the date of filing of the appeal, shall consider the appeal at a regular meeting thereof, but such consideration shall be limited to the reasons included in the written notice of appeal and shall include the written decision of the City Planner and the reasons therefor. The City Council may affirm, modify or reverse the decision of the City Planner. 250760110 MAINTENANCE - RESPONSIBILITY. All landscape and screening required under this chapter shall be so maintained as to not detract from the purpose of this chapter and shall be kept reasonably free of weeds and trash. The owner, occupants and persons responsible for or having control of the premises shall be responsible for such maintenance and said maintenance shall at a minimum conform with the following: ( 1 ) All landscaped areas and plants required by this chapter must be permanently maintained in a healthy growing condition in order to accomplish the purpose for which it was required. 114 LANDSCAPING AND SCREENING - 25 .76 (2) Dead or diseased plants must be replaced within 30 days of notification, or as soon as practical in regard to freezing weather, or complex situations involving removal and replacement of large trees. (3) All plantings must be fertilized, and pruned at such intervals necessary to promote optimum growth. All landscaped areas must be kept free of debris and weeds. (4) Plant material must not interfere with public utilities, restrict pedestrian or vehicular access, or constitute a traffic hazard. (5) All planting areas must be irrigated. (6) The owners, their agents and assigns, are responsible for providing, protecting, and maintaining all landscaping material in a healthy and growing condition, replacing it when necessary, and keeping it free of refuse and debris . (7) All fencing, walls and other features used for screening purposes shall be kept free of litter, debris and weeds . 25 .76. 120 PENALTY - ENFORCEMENT. Enforcement of the provisions of this Title will occur through the use of the Code Enforcement Board procedures contained in Title 11 . 25 .76 . 130 ADDITIONAL REMEDY - LIEN. In addition to the penalties prescribed above, the City Council may itself remedy a violation of this chapter and place a lien upon the property as permitted by law. Use of this provision, however, shall be preceded by written notification directed by certified mail to the owner of the property in violation. Said notification shall describe the violation and shall provide at least ten calendar days from date of receipt of written notification during which the owner may cause the violation to be remedied. In the presence of seasonal or other practical consideration, the time period in which violations are to be remedied may be reasonably extended by written instrument acknowledged by the person responsible for such remedy and approved by the City Planner charged with enforcement of this Title . 115 CHAPTER 25.78 OFF-STREET PARKING Sections : 25 .789010 Purpose 2538 .020 Off-Street parking required 25 .789030 General provisions 25 .78 .040 Central business district 25 .789050 Existing parking facilities 25389060 Location of required parking 25 .78 .070 Computation of required spaces 2538 .080 Site plan required 25678 .090 Parking lot standards 25 .78 . 100 Special events parking lots 2538 * 110 Handicapped parking 25380120 Parking space dimensions 25 .78 . 130 Compact car allowance 25 .78 . 140 Recreational equipment parking 25 .78 . 150 Uses not specified 25389160 Off-street loading 25 .78 . 170 Required off-street parking 25 .78 .010 PURPOSE. The provisions of this chapter are intended to assure adequate off-street parking is provided for all land uses to avoid or reduce traffic congestion on public streets ; increase traffic safety and reduce the visual impact of parking lots in the community. 25 .78 .020 OFF-STREET PARKING AND LOADING SPACES REOUIRED. Whenever a structure is erected, or altered, there shall be provided on the same lot, adjacent lot, or group of lots accessible off-street parking. No off-street parking or loading spaces shall be constructed, located, relocated or modified without the issuance of a building permit. 25 .78 .030 GENERAL PROVISIONS . ( 1 ) The off-street parking and loading facilities required by this chapter shall be established prior to the occupancy of any new or enlarged structure. (2) Required off-street parking spaces shall provide vehicle parking only for residents, customers, patrons , and employees and shall not be used for the storage of equipment or materials, or for the sale, repair or servicing of any vehicle. (3 ) Any area once designated for required off-street parking shall not be used for any other purpose unless and until equal facilities are provided elsewhere and a site plan has been approved to reflect the change, or the primary use of the property is changed to a use requiring less off-street parking. (4) The required front yard in the single-family residential districts shall not be used for off-street parking for five or more cars . The storage and parking of vehicles in front yard areas of OFF-STREET PARKING - 25 .78 single-family properties shall be limited to that area formed and bounded by parallel lines extending from the outer dimension of a garage, carport, or parking slab to the right-of-way. An additional area between the nearest side property line and the driveway of not more than 10 x 20 feet may be used for additional parking. On lots with 100 feet of frontage or more, parking may be permitted on circular drives. All primary parking areas and driveways in front yards shall be hard surfaced except in the R-S-20 and R-S- 12 districts driveways may be of an all weather surface provided the first 20 feet from the right-of-way is hard surfaced. (5) In the R-2, R-3 and R-4 residential districts off-street parking spaces for multiple family dwellings shall not be located in the front yard, except that a single two lane drive may extend through the required front yard provided no portion of the drive is within ten feet of a dwelling unit entry nor five feet from any portion of a residential structure. 25 .78 .040 CENTRAL BUSINESS DISTRICT. The provisions of this chapter shall not apply in the Central Business District as they related to parking spaces required; provided that all other requirements of this chapter apply to any parking lot provided by a developer/property owner. 25 .78 .050 EXISTING PARKING FACILITIES . The following shall apply to existing parking facilities : ( 1 ) Whenever a pre-existing building or structure, that is non conforming with respect to this chapter, is remodeled, enlarge, altered, reconstructed or changed in anyway by thirty-three (33) percent or more of its assessed value, the requirements of this Chapter shall apply. 25 .78 .060 LOCATION OF REQUIRED PARKING. Off-street parking facilities shall be located according to the following: ( 1 ) For single-family and two-family dwellings, parking facilities shall be located on the same lot or building site as the buildings they are required to serve. (2) For uses other than those specified above, parking facilities shall not be located over three hundred (300) feet from the buildings they are required to serve. (3) Off-site parking greater than 300 feet but less than 500 feet from the building may be authorized by special permit as provided in chapter 25 . 86 . 25 .78 .070 COMPUTATION OF REQUIRED SPACES . The following rules shall apply to the determination of the number of required off-street parking spaces : ( 1 ) Fraction. If the number of off-street parking spaces required in Section 25 .78 . 170 contains a fraction, such number shall be changed to the next higher whole number. (2) Mixed Uses . When different uses occupy a single structure or lot, the total required parking spaces shall be the sum of the requirements of the individual uses . (3) Shared Uses. Owners of two or more uses, structures, or parcels of land within three hundred feet of each other may share the same parking or loading area when the hours of operation do not overlap. The owners of two or more uses, structures, or parcels within three hundred feet of each other may also share facilities concurrently, however, the total parking requirements shall be the sum of the requirements for each individual use. Whenever shared parking is allowed under this section, the parking lot shall be signed so as to reasonably notify the 117 OFF-STREET PARKING - 25 . 78 public of the availability of use, and spaces shall not be assigned, allocated or reserved between uses . (4) Tandem Parking. Parking spaces in tandem, having a single means of ingress and egress, shall not be counted as two off-street parking spaces for the purpose of fulfilling the requirements of this chapter; except that, each tandem space for single-family and two-family (duplex) dwellings shall be counted as a required parking space. 2538 .080 SITE PLAN REQUIRED. The submittal and approval of a site plan is required prior to the construction of any parking lot. The site plan shall show the proposed development, locations, size, shape and design of the parking spaces, curb cuts, lighting, method of on-site drainage, adjacent streets, circulation of vehicular and pedestrian traffic, signage, finished grade, landscaping, irrigation and other features of the proposed parking lot. 25978 .090 PARKING LOT STANDARDS . All parking lots required pursuant to this chapter and those properties consisting solely of parking development shall be designed and approved to meet the following standards: ( 1 ) Surfacing (a) Parking lots designated for customer/client parking and all parking areas located between the right-of-way line and the face of buildings shall be surfaced with asphalt or Portland Cement concrete. Those areas out of direct public view utilized for employee parking, and service vehicle parking and storage, that are located behind the front yard setback or front of the building, are exempt from the surfacing requirements . (b) All parking not requiring hard surfacing as provided in 1 (a) must be surfaced with gravel on a stable substrate. (c) No parking lot or driveway consisting of gravel shall abut a public street right-of-way. All driveways shall be surfaced as provided in 1 (a) for a distance of five feet on each side of driveway openings to a point 20 feet from the right-of-way line . (2) Grading and Drainage. All parking lot drainage shall be contained on site . Drainage facilities shall be designed according to accepted engineering standards . (3) Border Barricades . All parking areas designed for customer/client paring and all parking areas located between a right-of-way line and a building face shall have curbing installed around perimeter areas and around all landscape elements . (4) Markings . Parking stalls shall be delineated by paint or other markings as approved by the City Engineer. (6) Landscaping. All parking lots shall conform to the landscape provisions of Chapter 25 .76 . (7) Lighting. Parking lot lighting shall be so arranged as to not constitute a nuisance or hazard to passing traffic, or encroach on adjoining residential properties . (8) Maintenance All parking lots shall be regularly maintained and kept free of weeds and litter. Maintenance shall include the repair of traffic control devices, signs, light standards, fences, surfacing materials , curbs, landscaping, and drainage facilities. 118 OFF-STREET PARKING - 25 .78 25 .78 . 100 SPECIAL EVENT PARKING LOTS . ( 1 ) Special event parking lots used on infrequent basis such as those associated with seasonal playfields and the Edgar Brown Stadium shall be exempt from provisions of this chapter except subsection 25 .78 .090 (8) . 25078 . 110 HANDICAPPED PARKING. Handicapped parking shall be provided in accordance with RCW 19 .27 and Chapter 51 - 10 WAC Section 7508 . 25 .78 . 120 PARKING SPACE DIMENSIONS . Parking stall dimensions are provided in Table 78- 1 . Table 78- 1 : P ing Space Dimensions (all dimensions are based on a basic 9' x 19' stall) Angle of Stall Curb Length Stall Minimum Lot Width Sq. Lot Width Sq. Parking Width Per Car Depth Driveway ( 1 row + 1 Ft. (2 rows + 1 Ft. Width driveway) driveway) Along Curb 8 23' 8' 12' 20' 460 28' 644 0 degrees 30 degrees 9 18' 1714" 11 ' 2814" 511 4518 " 824 45 degrees 9 1217 " 1918 " 13' 3218" 420 52'6" 668 60 degrees 9 1014" 21 ' 18' 39' 406 60' 624 90 degrees 9 9 19' 24' 43' 387 62' 558 25 .78 . 130 COMPACT CAR ALLOWANCE. Any parking area required by this chapter may provide parking spaces designed for compact cars, the minimum dimensions of which shall be seven and one-half feet in width and fifteen feet in length, provided such provision does not exceed twenty- five percent of the total number of parking spaces required by this chapter and further provided such compact car parking spaces are identified by above-grade signs . 25 .780140 RECREATIONAL EQUIPMENT PARKING. Boats, motor homes, camp trailers, travel trailer, fifth wheels, pickup campers, utility trailers, and snowmobiles as defined herein may be stored in all yard areas within the R4 , R-2, R-3 , and R-4 districts, and only within the side and rear yards in the R-S -20, R-S- 12 and R-S - 1 districts. All storage areas shall be surfaced with all weather materials such as asphalt, brick stone, concrete or gravel . Additionally, the storage and parking of said items in residential districts shall, at all times, comply with the parking conditions in Section 25 .78 .030(4) . Bonified guests of the occupants of the premises may temporarily park on driveways for periods not to exceed 10 days in any 60 day period. 25 .78 . 150 USES NOT SPECIFIED. Off-street parking requirements for uses not specifically listed herein shall be determined by the City Planner based upon the requirement for similar uses . 119 I I OFF-STREET PARKING - 25 .78 25978 . 160 OFF-STREET LOADING. Off-street loading and unloading spaces shall be required for any use requiring frequent loading or unloading from trucks or other large vehicles. ( 1 ) Loading Space Size - The required loading space shall be of adequate size to accommodate the maximum number and size of vehicles simultaneously loading or unloading at the structure. Each off-street loading space shall have the minimum dimensions of twelve feet in width and twenty-five feet in length. On-site maneuvering space of not less than 52 feet in length shall be provided adjacent to the loading dock. This maneuvering space shall not include any area designated for off-street parking. (2) Loading Space Location - Required off-street loading and related maneuvering space shall be located only on the property served by the load facility. No part of any vehicle using the loading space will be allowed to project into the right-of-way of any public or private road. (3) Off-Street Loading: Schools - A driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading children shall be located on the site of any public or private school. 2538 . 170 REQUIRED OFF-STREET PARKING. The number of off-street parking spaces for various land uses will be as follows: USE REQUIRED PARKING 1 . Amusement and Recreation Auditorium, exhibit halls, One space for four fixed seats based upon maximum stadiums, and sports arenas seating capacity or at least one space for every ten lineal feet of bench seating, or places with no fixed seating, one space for every 100 square feet of floor area. Bowling Alleys, Four spaces for each lane Game rooms , card rooms , pool halls One space for each playing table, or one space for every three machines Gymnasiums , exercise facilities One space for each 200 square feet of floor area Horse racing tracks , speedways One space for each four bandstands seats based upon maximum seating capacity or at least one space for every 10 lineal feet of bench seating Movie Theaters One space for each four seats Roller/ice-skating Rinks One space for each 200 square feet of skating surface area Swimming Pools One space for each 200 square feet of water surface area 120 OFF-STREET PARKING - 25 .78 2 , Community Services Churches, synagogues, temples One space for each four seats based upon maximum seating and funeral homes capacity or at least one space for every ten lineal feet of bench seating Convalescent homes, nursing One space for each three beds plus one space for each two homes, congregate care employees facilities Fire and Police Stations One space for each 300 square feet of floor area Hospital One space for every five patients plus one additional space for each staff doctor and one space for each three employees Library One space for each 250 square feet of floor area Museums, art galleries One space for each 250 square feet of floor area Juvenile detention centers One and one-half spaces for each bed 3 . Educational Facilities Elementary Schools One and one-half spaces for each classroom or teaching station Middle Schools Two spaces for each teaching station High Schools One space for each employee plus one space for each eight students School Auditoriums See requirements for auditoriums under amusement Daycare Centers One parking space for each employee and one space per 6 children Vocational schools, beauty schools One parking space for each 300 square of floor area 4. Manufacturing Industries All uses One space for each 400 square feet of gross floor area or one space for each employees per shift 121 OFF-STREET PARKING - 2538 5 . Residential All residential units Two spaces per unit Congregate Care Facilities One space for every three beds and one space for every two employees 60 Retail Trade and Services General retail uses One space for each 300 square feet of floor area Beauty and Barber Shop One space for each 150 square feet of floor area Financial Institutions One space for each 300 square feet of floor area Furniture and Appliances One space for each 600 square feet of floor area Office buildings, medical offices One space for each 300 square feet on the ground floor, One space for each 500 square feet of floor space above or below the first floor Motels and Hotels One space for each lodging room and one space for two employees Restaurants One space for hundred square feet of floor 7 . Transportation Bus and train stations One space for each 400 square feet of floor area 122 CHAPTER 25 .80 PARK FUND FEES Sections : 25 . 809010 Fee per dwelling unit required 25 . 80.020 Exceptions 25080.030 Application to mobile home parks 250800040 Reduction of fee 25 . 800010 FEE PER DWELLING UNIT REQUIRED. Prior to issuance of a building permit for the construction or placement of any new residential unit, of Four Hundred and Fifty Dollars ($450.00) per dwelling unit shall be collected and deposited in the park fund established in Pasco Municipal Code Chapter 3 .29 for use in accordance with the provisions relating to said fund. The fee established herein shall be reviewed not more than annually and modified as deemed necessary by the City Council, 25 . 80.020 EXCEPTIONS . The provisions of this chapter shall not apply to the following exceptions : ( 1 ) Building permits for the replacement of existing dwelling units ; this exception shall only apply in those cases where the lot on which the replacement is to be built has not been vacant for more than two years . (2) Building permits for dwelling units on land in subdivisions having fulfilled the requirements of Chapter 21 .28 , provided the number of dwelling units proposed does not exceed the number of units for which the requirements of Chapter 21 .28 have been satisfied; (3) Installation of individual mobile homes or recreational vehicles within a mobile home park; and (4) Building permits for construction of nursing or convalescent homes , as defined in Section 25 . 12 .340, 25 . 80.030 APPLICATION TO MOBILE HOME PARKS . The provisions of this chapter shall be complied with prior to the issuance of a building permit authorizing construction of a mobile home park in accordance with Title 19 and Chapter 25 .40 (RMHP Zone) . The total fee shall be based on the number of mobile home spaces to be authorized under the building permit. 25 . 80.040 REDUCTION OF FEE. The fee per dwelling unit established shall be reduced in accordance with the following provisions, provided the landowner records covenants to run with the property whereby any future owner of said property is obliged to the City to perpetually provide and maintain and all private parks and recreation improvements in a satisfactory manner. Said covenants require legislative approval prior to amendment: ( 1 ) Open Recreation Area. Where the proposed development provides one or more open recreation areas, the total area of which at least equals one hundred square feet for each of the dwelling units expected to be contained within the proposed development, the basic value shall be reduced at the rate of one percent for each ten square feet of open recreation area per unit (as determined by dividing the total square feet of open recreation area by the total number of dwelling units), not to exceed thirty percent. " Open recreation area" means areas PARK FUND FEES - 25 . 80 of land, at least improved with grass and sufficient irrigation, intended and designed for unorganized, passive or active recreation and may include minor recreation improvements such as children's standard playground equipment and children's wading pool, provided such minor improvements do not occupy more than half of the total open recreation area; however, open recreation area shall not include required yard areas for multiple family dwellings, parking areas, driveways and other automobile-oriented areas, buildings, swimming pools, or any recreation improvement included in subsections (2) and (3 ) below. (2) Recreation Improvement Area. Where the proposed development provides recreation improvements, including but not limited to basketball, tennis and other similar playing courts, saunas, hot tubs, jacuzzi, recreation buildings, and similar improvements, the base value shall be reduced at the rate of one percent for each ten square feet of recreation improvement area per unit (as determined by dividing the total square feet of recreation improvement area by the total number of dwelling units) , not to exceed thirty percent. Recreation improvements shall not include required yard areas for multiple family dwellings, parking areas, driveways, and other automobile-oriented areas, habitable buildings, swimming pools, or minor recreation improvements included in subsection (a) above. (3 ) Swimming Pools. Where the proposed development provides one or more swimming pools , each of which contains at least five hundred square feet of water surface area and is at least four feet in depth at one point, the base value shall be reduced at the rate of one and one-half percent for each square foot of water surface area per unit (as determined by dividing the total square feet of water surface area by the total number of dwelling units) , not to exceed fifteen percent. (4) Previous Subdivision Improvements . Where the proposed development is located in a subdivision which provided park and recreation facilities prior to the effective date of the ordinance codified in this chapter, the City Council, at its discretion, may authorize reduction of the fee commensurate with the guidelines established above. 124 CHAPTER 25 .82 AIRPORT ZONING Sections : 25 . 82.010 Airport district 259829020 Instrument approach zone 25 . 82 .030 Non instrument approach zone 25 . 820040 Transition zones 25 . 81050 Horizontal zone 25 . 829060 Conical zone 25 . 82.070 Height limitations 25 . 829080 Use restrictions 25 . 82 .010 AIRPORT DISTRICT. There is hereby created an airport district as shown by the map made a part hereof labeled, Tri-Cities Airport Zoning Map dated November 29, 1971 , and all lands lying within the zones therein shown lying within the city limits of Pasco, and future territorial limits of the city, are subjected to the following building and use restrictions in addition to the other uses allowed under this chapter. 25 . 82.020 INSTRUMENT APPROACH ZONE. An instrument approach zone is established at each end of the instrument runway for instrument landings and takeoffs. The instrument approach zones shall have a width of one thousand feet at a distance of two hundred feet beyond each end of the runway, widening thereafter uniformly to a width of sixteen thousand feet at a distance of fifty thousand two hundred feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway. 25 . 81030 NON INSTRUMENT APPROACH ZONE. A non instrument approach zone is established at each end of all non instrument runways for non instrument landings and takeoffs. The non instrument approach zones shall have a width of five hundred feet at a distance of two hundred feet beyond each end of the runway, widening thereafter uniformly to a width of three thousand five hundred (3 ,500) feet at a distance of ten thousand two hundred ( 10,200) feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway. 25 . 82 .040 TRANSITION ZONES . Transition zones are hereby established adjacent to each instrument and non instrument runway and approach zone as indicated on the zoning map. Transition zones symmetrically located on either side of runways have variable widths as shown on the zoning map. Transition zones extend outward from a line two hundred fifty feet on either side of the centerline of the non instrument runway, for the length of such runway plus two hundred feet on each end; and five hundred feet on either side of the centerline of the instrument runway, for the length of such runway plus two hundred feet on each end, and are parallel and level with such runway centerlines. The transition zones along such runways slope upward and outward one foot vertically for each seven feet horizontally to the point where they intersect the surface of the horizontal zone . Further, transition zones are established adjacent to both instrument and non instrument approach zones for the entire length of the approach zones. These transition zones have variable widths, as shown on the zoning map. Such transition zones flare symmetrically with either side of the runway approach zones from the base of such zones and slope upward and outward at the rate of one foot AIRPORT ZONING - 25 . 82 vertically for each seven feet horizontally to the points where they intersect the surfaces of the horizontal and conical zones . Additionally, transition zones are established adjacent to the instrument approach zone where it projects through and beyond the limits of the conical zone, extending a distance of five thousand feet measured horizontally from the edge of the instrument approach zones at right angles to the continuation of the centerline of the runway. 25 . 82 .050 HORIZONTAL ZONE. A horizontal zone is hereby established as the area within a horizontal plane one hundred fifty feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of ten thousand feet radii from the center of each end of the primary surface of each runway of the airport and connecting the adjacent arcs by lines tangent to those arcs. The horizontal zone does not include the instrument and non instrument approach zones and the transition zones. 25 . 82 .060 CONICAL ZONE. A conical zone is hereby established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a distance of four thousand feet. The conical zone does not include the instrument approach zones and transition zones . 25 . 82.070 HEIGHT LIMITATIONS . No building, pipe, chimney, tower, steeple, stand, platform, pole, wire or structure or erection or object of natural growth, or obstruction of any kind or nature whatsoever, shall be built, placed, hung, or permitted to grow or allowed to be built, placed or hung which shall at any point or part thereof exceed the heights as provided in the zone area so established. The restrictions shall apply to the area surrounding all runways and approaches situated thereon. Such height limitations are hereby established for each zone as follows: ( 1 ) Instrument Approach Zone. One foot in height for each fifty feet in horizontal distance beginning at a point two hundred feet from and at the centerline elevation of the end of the instrument runway and extending to a distance of ten thousand two hundred feet from the end of the runway; thence one foot in height for each forty feet in horizontal distance to a point fifty thousand two hundred feet from the end of the runway; (2) Non instrument Approach Zones . One foot in height for each fifty feet in horizontal distance beginning at a point two hundred feet from and at the centerline elevation of the non instrument runway and extending to a point ten thousand two hundred feet from the end of the runway; (3 ) Transition Zones. One foot in height for each seven feet in horizontal distance beginning at any point two hundred fifty feet normal to and at the elevation of the centerline of non instrument runways, extending two hundred feet beyond each end thereof, and five hundred feet normal to and at the elevation of the centerline of the instrument runway, extending two hundred feet beyond each end thereof, extending to a height of one hundred fifty feet above the airport elevation which is four hundred eight feet above mean sea level . In addition to the foregoing, there are established height limits of one foot vertical height for each seven feet horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal or conical surfaces. Further, where the instrument approach zone projects through and beyond the conical zone, a height limit of one foot for each seven feet of horizontal distance shall be maintained beginning at the edge of the instrument approach zone and extending a distance of five thousand feet from the edge of the instrument approach zone measured normal to the centerline of the runway extended; 126 AIRPORT ZONING - 25 . 82 (4) Horizontal Zone. One hundred fifty feet above the airport elevation or a height of five hundred fifty-eight feet above mean sea level , (5) Conical Zone. One foot in height for each twenty feet of horizontal distance beginning at the periphery of the horizontal zone, extending to a height of two hundred feet above the airport elevation; and (6) Excepted Height Limitations. Nothing in this chapter shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to seventy-five feet above the surface of the land. Where an area is covered by more than one height limitation, the more restrictive limitations shall prevail. 25 . 82 .080 USE RESTRICTIONS . Notwithstanding any other provisions of this chapter, no use may be made of land within any zone established by this chapter in such a manner as to create electrical interference with radio communication between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and others, result in glare in the eyes of flyers using the airport, impair visibility in the vicinity of the airport or otherwise endanger the landing, taking off, or maneuvering of aircraft. 127 CHAPTER 25.84 HEARING EXAMINER SYSTEM Sections : 25 . 84.010 Purpose 25 . 84.020 Creation of land use hearing examiner 25 . 84.030 Appointment and terms 25 . 84.040 Qualifications 25 . 84.050 Removal 25 . 84.060 Freedom from improper influence 25984.070 Conflict of interests 25 . 84.080 Rules 25 . 84.090 Powers 25084. 100 Applications 25 . 849110 Report of Community Development Department 25084. 120 Public hearing 25 . 84. 130 Examiner's decision 25 . 840140 Notice of Examiner's decision 25 . 84. 150 Appeal from Examiner's decision 25 . 84. 160 City Council consideration 25984. 170 Appeal to Superior Court 25 . 84.010 PURPOSE. The purpose of this Chapter is to establish a system of applying land use regulatory controls which will best satisfy the following basic needs: ( 1 ) To insure procedural due process and appearance of fairness in certain land use regulatory hearings ; and (2) To provide an efficient and effective land use regulatory system which integrates the public hearing and decision-making process for certain land use matters. 25 . 84.020 CREATION OF LAND USE HEARING EXAMINER. The office of Pasco Municipal Land Use Hearing Examiner, hereinafter referred to as "examiner" , is hereby created. The examiner shall interpret, review, and implement land use regulations and policies as provided in this Chapter or by other ordinances of the City of Pasco. 25 . 84.030 APPOINTMENT AND TERMS , The City Manager, may appoint one or more examiners for terms which shall initially expire one ( 1 ) year following the date of original appointment and thereafter expire four (4) years following the date of each re-appointment. Such appointments may be made by professional service contract. Examiners may also be contracted to serve on an as-needed bases. 25 . 84.040 QUALIFICATIONS . Examiners shall be appointed solely with regard to their qualifications for the duties of their office and will have such training and experience as will qualify them to conduct administrative or quasi-judicial hearings on regulatory enactment's and to discharge the other functions conferred upon them. Examiners shall hold no other elective or appointed office or position in the City of Pasco. HEARING EXAMINER SYSTEM - 25 . 84 25 . 84.050 REMOVAL. An examiner may be removed from office for cause by the City Manager. 25 . 84.060 FREEDOM FROM IMPROPER INFLUENCE. No person, shall attempt to influence an examiner in any manner pending before him, except publicly at a public hearing duly called for such purpose, or to interfere with an examiner in the performance of his duties in any other way; PROVIDED, that this Section shall not prohibit the City Attorney from rendering legal services to the examiner. 25 . 84.070 CONFLICT OF INTEREST. No examiner shall conduct or participate in any open record hearing, decision or recommendation in which the examiner has a direct or indirect substantial financial or family interest, or concern in which the examiner has had substantial pre-hearing contacts with proponents or opponents wherein the issues were discussed. Nor, on appeal from or review of an examiner's decision, shall any member of the City Council who has such an interest or who has had such contacts participate in the consideration thereof. This is not intended to prohibit necessary or proper inquiries on matters such as scheduling, but any such contacts are to be entered into the official record of the hearing. Whenever possible, such inquiries and the responses to such inquiries shall be in writing. 25 . 84.080 RULES . The examiner shall have the power to prescribe rules for the scheduling and conduct of hearings and other procedural matters related to the duties of his office. Such rules shall provide for rebuttal, and may authorize the examiner to limit the time allowed to parties testifying on an equal basis, and time limits on rebutting. Any person desiring to question other parties testifying at the hearing shall direct such questions to the examiner, who shall rule on whether or not such questions are to be answered and who shall answer them. 25 . 84.090 POWERS . The examiner shall receive and examine available information, conduct public hearings and prepare a record thereof, and enter decisions as provided for herein. The examiner, subject to the appropriate conditions and safeguards as provided by this Chapter and Title 25 of the Pasco Municipal Code, shall hear and decide : ( 1 ) Variances. Applications for variances from the terms of this Title, PROVIDED, that any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zoning which the subject property is situated, and that the following circumstances are found to apply: (a) Because of special circumstances applicable to the subject property, including size, shape, topography, location of surroundings, the strict application of the zoning ordinance is found to deprive subject property of rights and privileges enjoyed by other properties in the vicinity and under identical zone classification; (b) That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated; and (c) The special circumstances applicable to the subject property were not created through the action(s) of the applicant or any predecessor in interest. (2) Review - Administrative Action. Appeals may be heard by the examiner, where it is alleged by the applicant that there is error in any order, requirement, permit, decision or 129 HEARING EXAMINER SYSTEM - 25 . 84 determination made by the City Planner in the administration or enforcement of this Title. Where the street or lot lay out actually on the ground, or as recorded, are different from the street and lot lines as shown on the zoning map, the examiner, after notice to the owners of the property, and after public hearings, shall interpret the map in such a way as to carry out the intent and purposes of this Title: In case of any questions as to the location of any boundary line between zoning districts, a request for interpretation of the zoning map may be made to the examiner and a determination shall be made by the examiner. (3 ) Waiver of Violations . Recognizing the fact that a building may be erected in good faith with every intent to comply with the provisions of this Title in respect to the location of the building upon the lot and the size and location of required yards, and that it may later be determined that such building does not comply in every detail with such requirements, although not violating the spirit or intent of the zoning ordinance, the examiner may issue a waiver of violation subject to such conditions as will safeguard the public health, safety, convenience and general welfare. (4) Extension of Use on Border of District. The examiner may hear and approve the extension of a use or building into a more restricted zone classification immediately adjacent thereto, but not more than thirty (30) feet beyond the dividing line of the two (2) zone classifications , and under such conditions as will safeguard development in the more restricted district. (5) Administrative Exceptions. An administrative exception not to exceed one ( 1 ) foot of any dimensional standard pertinent to front yard, side yard, rear yard, flanking street, and building line may be granted by administrative action of the examiner without public hearing and without posting or public notices . (6) Other Powers. In the performance of duties prescribed by this Chapter or other ordinances, examiners may: (a) Administer oaths and affirmations, examine witnesses, rule upon offers of proof, receive relevant evidence, and conduct discovery procedures which may include propounding interrogatories and taking oral depositions pursuant to Washington State Court Rules ; PROVIDED, that no person shall be compelled to divulge information which he could not be compelled to divulge in a court of law ; (b) Upon the request of the planning department or any other party, or upon his own volition, issue, and cause to be served subpoenas to the attendance of witnesses and for production of examination of any books, records, or other information in the possession or under the control of any witness, PROVIDED that such subpoenas shall state the name and address of the witness sought, and if for production of books, documents or things, shall specifically identify the same and the relevance thereof to the issues involved; (c) Regulate the course of the hearing in accordance with this and other applicable ordinances ; (d) Hold conferences for the settlement or simplification of the issues by consent of the parties , (e) Dispose of procedural requests or similar matters ; 130 HEARING EXAMINER SYSTEM - 25 . 84 (f) Take any other action authorized by ordinance. In case of failure or refusal without lawful excuse of any person duly subpoenaed to attend pursuant to said subpoena, or to be sworn, or to answer any material and proper question, or to produce upon reasonable notice any material of proper books or records or other information in his possession and under his control, the hearing examiner may invoke the aid of the City Attorney who shall apply to the appropriate court for an order or other court action necessary to secure enforcement of the subpoena. (g) The examiner is hereby empowered to act in lieu of the Board of Adjustment, and such officials , boards or commissions as may be assigned. Wherever existing ordinances, codes or policies authorize or direct the Board of Adjustment, or other officials , boards or commissions to undertake certain activities which the examiner has been assigned, such ordinances, codes or policies shall be construed to refer to the examiner. 25 . 84. 100 APPLICATIONS . Applications for permits or approvals within the jurisdiction of the hearing examiner shall be presented to the City Planner. The City Planner shall accept such applications only if applicable filing requirements are met. The City Planner shall be responsible for assigning a date for and assuring due notice of public hearing for each application, which date and notice shall be in accordance with the statute or ordinance governing the application. 250840110 REPORT OF COMMUNITY DEVELOPMENT DEPARTMENT. On any land use issue coming before the examiner, the Department of Community Development shall coordinate and assemble the reviews of other city departments, governmental agencies, and other interested parties and shall prepare a report summarizing the factors involved and the department's finding and recommendations . At . least seven (7) calendar days prior to the scheduled hearing the report shall be filed with the examiner and copies thereof shall be mailed to the applicant and made available for public inspection. Copies thereof shall be provided to interested parties upon payment of reproduction costs . In the event that information to be provided by the applicant or other parties outside of City control has-not been provided in sufficient time for filing seven (7) days in advance of the hearing, the Community Development Department may reschedule the hearing and notify interested parties. 25 . 84. 120 PUBLIC HEARING. Prior to rendering a decision on any land use matter listed in Section 25 . 84.090, the examiner shall hold a open record public hearing thereon with proper notice according to the procedures for hearing notification as prescribed by Chapter 35 .63 RCW. Such notice shall include an invitation to any interested parties to submit information in writing in advance of the hearing if unable to be present at the hearing, and an invitation to review any information submitted during the seven (7) days preceding the hearing . The examiner presiding at the hearing shall admit and give probative affect to evidence which possesses probative value commonly accepted by reasonably prudent men in the conduct of their affairs and shall give affect to the rules of privilege recognized by law. All evidence including records and documents in the possession of the Department of Community Development which the examiner desires to consider shall be offered and made a part of the record. After all interested parties have had an opportunity to speak, in accordance with the hearing examiner's rules for conducting a hearing, the examiner shall either close the hearing, continue the hearing to a specified date, or invite additional testimony restricted only to issues which, in the opinion of the examiner, there is need for additional testimony, 131 HEARING EXAMINER SYSTEM - 25 . 84 and thereafter the hearing shall be closed or continued to a specified date. A continuing hearing to a specified date may be restricted to testimony or evidence on specific aspects of the case No additional information may be submitted after the close of the hearing, unless, in the opinion of the examiner, additional opportunity for testimony is warranted. In such case, the hearing may be re- opened upon seven (7) days written notice to all parties who participated at the first hearing. Once legal notice has been given, no matter shall be postponed over the objection of any interested party, except for good cause shown. Continuances may be granted at the discretion of the examiner: PROVIDED, interested parties in attendance shall be given an opportunity to testify prior to the continuance. The applicant shall pay an amount equal to one-half ( 1 /2) the original application fee for any hearing postponed or continued by request of the applicants after legal notice has been given: PROVIDED, that this requirement shall not apply where the request is based upon new information presented at the hearing. 25 . 84. 130 EXAMINER'S DECISION. The examiner shall render a written decision within ten ( 10) working days of the conclusion of a hearing, unless a longer period is agreed to in writing by the applicant. The decision shall include at least the following: ( 1 ) Findings of Fact and Conclusions of Law based upon and supported by the record. Such Findings and Conclusions shall also set forth the manner by which the decision would carry out and conform to the City's comprehensive plan, and other official policies, objectives and land use regulatory enactments. (2) A decision on the application to grant, deny or grant with such conditions, modification and restrictions as the examiner finds reasonable to make the application compatible with its environment, the comprehensive plan, or other official policies and objectives, and land use regulatory enactment's. Examples of the kinds of conditions, modifications and restrictions which may be imposed include, but are not limited to, additional set backs, screenings in the form of fencing or landscaping, easements, dedications or additional right-of-way and performance bonds . (3) A statement that the decision will become final in ten ( 10) calendar days unless appealed to the City Council, together with a description of the appeal procedure. 25 . 84. 140 NOTICE OF EXAMINER'S DECISION. Not later than three (3 ) working days following the rendering of a written decision, copies thereof shall be mailed to the applicant and to the other parties of record in the case. "Parties of record" shall include the applicant and all other persons who specifically request notice of decision by signing a register provided for such purpose at the public hearing, or otherwise provide written request for such notice. 25 . 84. 150 APPEAL FROM EXAMINER'S DECISION. The decision of the examiner as to those applications listed in Section 25 . 84.090 shall be final and conclusive unless a timely appeal therefrom is filed with the examiner by an aggrieved party within ten ( 10) days. Such appeal shall contain a brief statement of the reason why error is assigned to the examiner's decision, and shall be accompanied by a fee of one hundred dollars ($ 100.00) . The timely filing of an appeal shall stay the effective date of the examiner's decision until such time as the appeal is adjudicated by the City Council or is withdrawn. Notice of the date, time and place for City Council closed record hearing shall be mailed to the proponent and to all other parties of record. 132 HEARING EXAMINER SYSTEM - 25 . 84 25 . 84. 160 CITY COUNCIL CONSIDERATION. The City Council may accept, modify or reject the examiner's decision, or any Findings or Conclusions thereof. A decision by the City Council which modifies or rejects the examiner' s decision shall be supported by Findings and Conclusions showing that the examiner's decision was inconsistent with the facts available to the examiner. 25 . 84 . 170 APPEAL TO SUPERIOR COURT. The action of the City Council in approving, modifying or rejecting a decision of the examiner shall be final and conclusive unless within thirty (30) days from the date of such action an aggrieved party files his appeal or petition for extraordinary writ with the Superior Court for Franklin County. 133 CHAPTER 25 .86 SPECIAL PERMITS Sections : 25 . 86 .010 General provisions 25 . 86 .020 Unclassified uses 25 . 869025 Historic Places 25986 .030 Temporary uses 25 . 86 .035 Agricultural uses 25 . 860040 Application requirements 25 . 86 .050 Public hearing required 25 . 86 .060 Findings of fact by Planning Commission 25 . 86 .070 Recommendation of Planning Commission 25 . 86.080 Appeal-Filing requirements 25 . 86.090 City Council consideration 25 . 86. 100 Effective date 25 . 86 . 110 Expiration 25 . 86. 120 Extensions 25986 . 130 Revocation of permit 25 . 86 .010 GENERAL PROVISIONS . Unclassified uses enumerated in Section 25 . 86.020, conditional uses listed within each district, and any other uses specifically referred to this chapter shall be subject to the regulations contained in this chapter, in addition to all applicable requirements of this Title. All such uses, due to their nature, are deemed to require special review to consider, on a case by case basis, their impacts on which would serve them. Conditional uses and other uses specifically referred to this chapter may be permitted only in their respective districts . Unclassified uses may be permitted within any district where not otherwise prohibited. 25 . 86.020 UNCLASSIFIED USES . The following uses shall be considered unclassified: ( 1 ) High schools, colleges, universities, vocational schools, business colleges and other similar academic or skills training facilities or institutions not heretofore permitted within any district; (2) Cemeteries, crematories, mausoleums, and other places of burial or interment of remains , (3 ) Community service facilities, as defined in Section 25 . 12 . 155 ; (4) Correctional institutions , juvenile delinquency homes and facilities, and other similar facilities for incarceration or detainment; (5) Airports, heliports, or any other landing or maneuvering space for aircraft, together with terminals and other customary facilities accessory to the unclassified use ; (6) Group homes , as defined in Section 25 . 12.215 ; (7) Group care facilities, as defined in Section 25 . 12.210 ; (8) Golf courses, pitch and putt courses, miniature golf courses, and similar facilities for public , private or membership use; SPECIAL PERMITS - 25 .86 (9) Monasteries, convents or other functionally similar facilities ; ( 10) Mines , quarries and gravel pits ; ( 11 ) Landfills , garbage dumps, and resource recovery facilities ; ( 12) Off-site parking lots, except those required for a residential use, provided such parking area is not more than five hundred feet from the building; ( 13 ) Electrical substations and load transfer stations , natural gas booster stations , and other similar utility facilities ; ( 14) Park and ride lots, off-street transfer stations or other similar facility involving the storage, start-up, idling and movement of public or private operated carrier, charter or transit buses, vans, and similar vehicles. ( 15) Agricultural use (commercial) except in areas within 1 ,000 feet of a residential zoning district, subdivision or dwelling unit. 25 . 86 .025 HISTORIC PLACES . A special permit for the preservation by adaptive re-use of an historic place, accepted on the National Register of Historic Places, may be requested for uses not otherwise permitted within the applicable district. ( 1 ) A special permit granted under this section is personal to the applicant and shall permit only the applicant to exercise the adaptive re-use authority, and shall not be assigned, transferred, conveyed or passed to heirs or beneficiaries of the applicant's estate. (2) Each applicant granted a special permit shall be required to substantially preserve the intrinsic qualities of the historic place which led to its acceptance on the National Register of Historic Places . Prior to issuance of any building permits the City may consult with the Washington State Office of Archaeology and Historic Preservation to insure compliance with this requirement. 25 . 86 .030 TEMPORARY USES . A temporary special permit for any use not otherwise permitted within the applicable district, may be approved by the City Council, provided that such use is clearly of a temporary nature and does not involve the erection of a permanent structure . Requests for temporary special permits shall be applied for and processed in the same manner as herein established for uses requiring a special permit, including such conditions as will safeguard the public health, safety and general welfare for the duration of the permit. 25 . 86 .035 AGRICULTURAL USES . ( 1 ) Commercial agricultural uses listed as conditional or unclassified uses in this Title shall conform to the following prior to the issuance of a special permit: (a) Special permits for agricultural uses (commercial) may be granted for tracts of land over ten acres in size within 1 ,000 feet of a residential zoning district, subdivision or a dwelling unit excluding dwellings associated with agriculture uses . (b) The applicant for a special permit shall be required to submit a conservation plan approved by the Farm Service Agency. 135 SPECIAL PERMITS - 25 . 86 25 . 86.040 APPLICATION REQUIREMENTS . Applications for special permit shall include the following: ( 1 ) Present use of the land and structures, if any; (2) Detailed description of the proposed use; (3) Description of any existing zoning ordinance violation; (4) A site map or plan drawn neatly and to scale, showing the following: (a) Exterior property lines and any adjacent public street or alley rights-of-way; (b) Existing and proposed buildings and other structures; (c) Existing and proposed points of ingress and egress, drives and driveways and circulation pattern; (d) The location of existing and proposed parking areas with each parking space shown; (e) Existing and proposed open spaces and landscape areas, (5) Certificate of ownership and a list of owners, with addresses, of all property within three hundred feet of the applicant's property, as provided and certified by a licensed Title company; (6) Any other pertinent information that may be necessary to determine if the use meets the requirements of this Title. 25 . 86 .050 PUBLIC HEARING REQUIRED. Upon the filing of a complete application for a special permit, the application shall be scheduled for a open record predecision hearing before the Planning Commission. Notice of such open record hearing shall be given as provided for in Section 25 . 88 .015 . Except that in the case of commercial agricultural uses, the notification distance shall be increased to 1 ,000 feet. The open record hearing may be continued as deemed necessary by the Planning Commission, provided the applicant consents to any such continuance . In the event the applicant does not consent to a continuance, the Planning Commission shall close the public hearing and render a recommendation to the City Council in accordance with the provisions of Sections 25 . 86 .060 and 25 . 86.070. 25 . 86 .060 FINDINGS OF FACT BY PLANNING COMMISSION. Upon conclusion of the open record predecision hearing, the Planning Commission shall make and enter findings from the record and conclusions thereof as to whether or not: ( 1 ) The proposal is in accordance with the goals, policies, objectives, maps and/or narrative text of the Comprehensive Plan; (2) The proposal will adversely affect public infrastructure; (3 ) The proposal will be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity; (4) The location and height of proposed structures and the site design will discourage the development of permitted uses on property in the general vicinity or impair the value thereof; 136 SPECIAL PERMITS - 25 . 86 (5) The operations in connection with the proposal will be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district; (6) The proposal will endanger the public health, or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district. 25986.070 RECOMMENDATION OF PLANNING COMMISSION. After a open record predecision hearing on a proposed temporary, conditional or unclassified use, the Planning Commission shall render a recommendation to the City Council as to whether the proposal be denied, approved, or approved with modifications and/or conditions. 25 . 86 .080 APPEAL - FILING REQUIREMENTS . ( 1 ) Any recommendation of the Planning Commission regarding a special permit application may be appealed in accordance with one of the following methods: (a) Applicant. Within ten calendar days from the date of the Planning Commission recommendation, the applicant files written appeal with the City Planner stating the basis of appeal from said recommendation ; (b) Other Person. Within ten calendar days from the date of the Planning Commission recommendation, any person aggrieved by said decision files written appeal with the City Planner stating the harm to be experienced by such person as a result of the Planning Commission's recommendation, (c) A proper and timely filed appeal shall cause the City Council to schedule a closed record hearing, notice of which shall be given in accordance with Section 25 . 88 .040 to consider the appeal of the Planning Commission's recommendation. (2) Either method of appeal shall include payment of an appeal fee in the amount of one hundred dollars ($ 100) at the time of filing said appeal ; 25 . 86 .090 CITY COUNCIL CONSIDERATION. ( 1 ) Unless a proper and timely appeal is filed or the City Council by majority vote deems further review is necessary, the recommendation of the Planning Commission shall be effected by proper action of the City Council without further review. In the event the City Council deems further review is necessary, it shall conduct a closed record hearing, notice of which shall be given in accordance with Section 25 . 88 .040. (2) In those cases which require further review, the City Council shall at the conclusion of a closed record hearing make and enter findings of fact and take one of the following actions: ( 1 ) Approve the special permit with or without conditions; (2) Deny the special permit. 25 . 86. 100 EFFECTIVE DATE. Special permits shall become effective on the day after the date of the decision of the City Council 25 . 860110 EXPIRATION. Unless otherwise specified within the special permit, the applicant shall commence the special use authorized or obtain a building permit for construction of authorized 137 SPECIAL PERMITS - 25 .86 facilities within six months after the effective date of the special permit, or the special permit shall expired In the case of temporary special permits, unless otherwise specified within the permit, the permit shall expire after six (6) months from its effective date. Within thirty (30) days after the date of expiration, the applicant shall have removed from the premises the temporary use and any improvements of a temporary nature authorized by the permit. 25 . 86 . 120 EXTENSIONS . A one-time extension of a special permit may be granted provided the extension does not exceed six months and an application for extension is submitted to the City Planner no later than thirty days after the expiration date of the special permit. This provision does not apply to temporary special permits . 25 . 86 . 130 REVOCATION OF PERMIT. Any special permit may be revoked by the City Council if, after a public hearing, notice of which shall be given in accordance with Section 25 . 88 .040, it is found that the conditions upon which the special permit was authorized have not been fulfilled or if the use authorized has changed in size, scope, nature or intensity so as to become a detriment to the surrounding area. The decision of the City Council is final. 138 CHAPTER 25 .88 AMENDMENTS AND REZONING Sections : 25 . 88 .010 Purpose 25 . 88 .020 Initiation of amendments 25 . 88 .030 Requirements for petition 25 . 88 .040 Notice requirements 25 . 88 .050 Amendment in conflict with comprehensive plan 25 . 88 .060 Planning Commission - findings and recommendations 25 . 88 .070 Appeal of recommendation 25 . 88 .080 City Council consideration 25 . 88 .090 Change in zoning map-effectuation 25 . 88 . 100 Concomitant agreement 25 . 88 . 110 Termination of concomitant agreement 25 . 88 .010 PURPOSE . The purpose of this chapter is to establish procedures to amend either the zoning text or map of this Title. 25988 .020 INITIATION OF AMENDMENTS . ( 1 ) Zoning Map: (a) Any person, firm, corporation, group of individuals , or municipal department may petition for a zone change with the following exceptions . (i) If the person, firm, corporation or group of individuals does not have legal ownership of the parcel of land under consideration for rezoning, the petition shall not be accepted. All petitions submitted must contain the signature of the legal owner of the property. The legal owner is considered to be the owner of record. (ii) A person, firm, corporation of group of individuals may not submit, in any one year, more than one petition requesting a zone change from the property' s present zone to another particular zone for the same parcel of land, provided, within the one year period, a person, firm, corporation or group of individuals may submit another petition requesting a zone change from the property' s present zone to a zone other than the zone previously requested in the earlier petition. (b) The City Council, upon its own motion, may request the Planning Commission hold a open record hearing on the reclassification of a parcel or parcels of property. (c) The Planning Commission may initiate a open record hearing on the reclassification of a parcel or parcels of property. (2) Text: (a) The City Council upon its own motion may conduct a open record hearing to amend the text, or request that the Planning Commission conduct a public hearing to develop a recommendation on a text amendment. AMENDMENTS AND REZONING - 25 .88 (b) The Planning Commission may initiate a open record hearing to develop a recommendation for a text amendment. (c) Any resident or property owner within the Pasco Urban Area may petition the City Council for a text amendment. (3) City/County Coordination : (a) All County zoning map amendments within the UGA shall be coordinated with the City prior to change by the County. Coordination shall consist of providing the City with timely notification of proposed map amendments and affording an opportunity to comment. Map amendments shall conform in all respects to the UGA comprehensive plan. (b) Zoning text amendments shall be coordinated between the City and County to insure the intent and purpose of the joint development regulations are maintained. Coordination shall consist of providing affected jurisdictions the opportunity to participate in drafting the text amendment through comment and consultation. 25 . 88 .030 REQUIREMENTS FOR ZONING PETITION. The petition for a change of classification must. show the following : ( 1 ) The date the existing zone became effective , (2) The changed conditions which are alleged to warrant other or additional zoning; (3) Facts to justify the change on the basis of advancing the public health, safety and general welfare; (4) The effect it will have on the value and character of the adjacent property and the comprehensive plan; (5) The effect on the property owner or owners if the request is not granted; ( 6) The comprehensive plan land use designation for the property; (7) Such other information as the Planning Commission requires. 25 . 888040 NOTICE REQUIREMENTS . At least ten day' s notice of time, place and general purpose of any open record hearing required by this chapter shall be published in a newspaper of general circulation in the City. In addition thereto, written notice of the hearing shall be mailed to each property owner of record, within three hundred feet of the boundaries of the area proposed to be changed or altered. Owners of record shall be determined by a title company report not more than thirty calendar days preceding the date of publication. Substantial compliance shall be deemed to be full and sufficient compliance. 250880050 AMENDMENT IN CONFLICT WITH COMPREHENSIVE PLAN. In the event any proposed amendment, supplement, change to or repeal of Chapters 25 .04 through 25 . 88 is in conflict with the comprehensive plan, said amendment or change shall not be entertained until and if the comprehensive plan is amended. 140 AMENDMENTS AND REZONING - 25 . 88 25 . 88 .060 PLANNING COMMISSION - FINDINGS AND RECOMMENDATIONS . ( 1 ) After completion of an open record hearing on a petition for reclassification of property, the Planning Commission shall make and enter findings from the records and conclusions thereof which support its recommendation and find whether or not: (a) The proposal is in accord with the goals and policies of the comprehensive plan; (b) The effect of the proposal on the immediate vicinity will be materially detrimental ; (c) There is merit and value in the proposal for the community as a whole ; (d) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal ; (e) A concomitant agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. (2) The Planning Commission shall render its recommendation to approve, approve with modifications and/or conditions, or reject the petition based on its findings and conclusions . The commission's recommendation, to include its findings and conclusions, shall be forwarded to the City Council at a regular business meeting thereof. 25 . 88 .070 APPEAL OF RECOMMENDATION. Any recommendation of the Planning Commission regarding a petition for reclassification of property may be appealed in accordance with one of the following methods : ( 1 ) Applicant: Within ten calendar days from the date of the Planning Commission action, file written appeal with the City Planner stating the basis of appeal from the Planning Commission recommendation. (2) Property owners : Within ten calendar days from the date of the Planning Commission action, file written appeal with the City Planner stating the basis of appeal from the Planning Commission recommendation and bearing the signature of at least twenty percent of the owners of record of property within three hundred feet of the property proposed for reclassification. (3) Either method of appeal shall include payment of an appeal fee in the amount of one hundred dollars . (4) A proper and timely filed appeal shall be presented to the City Council in conjunction with the Planning Commission recommendation and shall require the City Council to conduct a closed record hearing, notice of which shall be given in accordance with Section 25 . 88 .040, to consider the appeal. 25088 .080 CITY COUNCIL CONSIDERATION. ( 1 ) Unless a proper and timely appeal is filed or the City Council by majority vote deems further review is necessary, the recommendation of the Planning Commission shall be effected by proper action of the City Council without further review . In the event the Council deems further review is necessary, it shall conduct a closed record hearing, notice of which shall be given in accordance with Section 25 . 88 .040. 141 AMENDMENTS AND REZONING - 25 . 88 (2) In those cases which require further review, the City Council shall at the conclusion of a closed record hearing make and enter findings of fact and take one of the following actions : (a) Approve the reclassification with or without modification; (b) Enter into a concomitant agreement with the petitioner, as set forth in 25 . 88 . 100; (c) Deny the reclassification. 25 . 88 .090 CHANGE IN ZONING MAP - EFFECTUATION. Upon granting the application for zone change with or without modification and/or conditions, the City Council shall change by ordinance the district boundaries or zone classifications as shown on the district maps and amend, supplement or change by ordinance the regulations established by this Title. 250880100 CONCOMITANT AGREEMENT. ( 1 ) The city may enter into an agreement with the petitioner whereby the City will grant the requested zone change conditioned upon the petitioner entering into a covenant with the City restricting the use and/or development of the subject property. Provisions of the agreement may relate to any or all of the following aspects of the use of petitioner's property: (a) Setback, (b) Use of building or property; (c) Type of business ; (d) Height of building; (e) Size of building; (f) Size of subdivision of property, (g) Density; (h) Landscape ; (i) Street, sidewalk and curb improvement and easements and rights-of-way for such; 0 ) Public utility improvements and easements and rights-of-way for such ; (k) Time frame for commencement or completion of the proposed construction or development. In the event a concomitant agreement includes a specified time frame for the proposed development, it may further provide that failure to conform to the specified time frame shall cause the zone change granted therein to revert to the zone existing immediately prior to said zone change. (2) Any concomitant agreement under this chapter must be signed by the legal owner of record for the property described in the agreement, notarized and attached to and becoming a part of the ordinance effectuating the zone change. (:3 ) The ordinance effectuating the zone change, together with the concomitant agreement and all other attachments thereto, shall be filed with the county auditor and all conditions and covenants included in the concomitant agreement shall be binding on all heirs, successors and assigns, and shall run with the land. 142 AMENDMENTS AND REZONING - 25 .88 25 . 8 :8 . 110 TERMINATION OF CONCOMITANT AGREEMENT. A person, firm, corporation or group of individuals seeking termination of the concomitant agreement must petition for termination of the concomitant agreement in the same manner and following the same steps and procedures as a person applying for a zone change under the provisions of this chapter. 143 CHAPTER 25.92 COMPREHENSIVE PLAN Sections . 25992 .010 Comprehensive Plan for Pasco Urban Growth Area 25 .91020 Comprehensive Plan Amendment 25 .92 .010 ADOPTED. The Comprehensive Plan of the City of Pasco consisting of Volume I containing policies and goals and Volume II containing supporting data as adopted by City Ordinance No. 3104, is hereby incorporated herein and adopted as a guide for the development and redevelopment of lands within the City of Pasco Urban Growth Area. 25 .92 .020 COMPREHENSIVE PLAN AMENDMENT, 1 . Any person, firm, corporation, group of individuals, or municipal department may petition for an amendment to the Comprehensive Plan. 2 . The City Council, upon its own motion, may request the Planning Commission hold a open record hearing to consider a proposed Plan amendment. 3 . The Planning Commission may initiate a open record hearing for the purpose of considering amendments to the Plan. 4. The Comprehensive Plan shall not be amended more than once a year unless there is an emergency requiring an amendment. All petitions requesting amendments of the Plan shall be accepted during any time of the year and held until such time as a hearing is scheduled. 5 . All petitions for Comprehensive Plan amendments shall be processed following the applicable sections of the amendment and rezoning process of Chapter 25 . 88 . CHAPTER 25 .96 ANNEXATION PROCEDURE Sections : 25 .96 .010 Purpose 25996 .020 Zoning 25 .96 .030 Comprehensive Plan 25096.010 Purpose. The purpose of this chapter is to establish a standard process for the assignment of zoning to lands that will be annexed to the City. 25 .96 .020 ZONING. ( 1 ) Petition Method. The City will not require simultaneous zoning for an annexation area as provided in RCW 35 (A) 14 under the 60% petition method. Zoning for a given annexation area under the 60% method will be determined through a public process utilizing the Planning Commission as follows : (a) After acceptance of an initial 10% annexation petition by the City Council and prior to Council action on a valid 60% petition, the Planning Commission shall hold a zoning determination hearing. (b) Notice of a zoning determination hearing for a pending annexation shall be given by publication in the newspaper on two separate dates one of which shall be at least ten days prior to the hearing. (c) In addition to notification by publication in the newspaper, notice shall be mailed directly to each property owner in the proposed annexation area and to the County. If the anticipated zoning as indicated in the Comprehensive Plan prescribes any zoning other than a low density single-family designation, notice of the zoning determination hearing shall also be mailed directly to all property owners within 300 feet of the proposed annexation area. (d) The Planning Commission' s zoning determination recommendation shall be forwarded to the City Council on or about the time the Council holds a public hearing on a 60% petition. Following adoption of an ordinance annexing property to the City, the Council shall adopt separate ordinances for the establishment of zoning. (2) Other Methods. Zoning for other methods of annexation can be established by either following generally the process in 25 .96 .020 ( 1 ) or at the election of the City Council the procedures provided in RCW 35 (A) 14. 256960030 COMPREHENSIVE PLAN. The establishment of zoning for annexation areas shall be guided by the land use designations and policies of the Comprehensive Plan. APPENDIX A FEES Whenever a public hearing is required by this Title, in addition to other required data accompanying a request involving a public hearing, the applicant shall pay to the City an application fee according to the following schedule : ( 1 ) Variance/Hearing Examiner $300000 (2) Special permit $300.00 (3) Zone change $700.00 (4) Appeal - $ 100000 (5) Comprehensive Plan Amendment $700900 No application shall be processed unless the respective application fee listed above has been paid in full, which fee shall be nonrefundable.