HomeMy WebLinkAbout2013.07.08 Council Workshop PacketAGENDA
PASCO CITY COUNCIL
Workshop Meeting 7:00 p.m. July 8, 2013
I. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance.
3. VERBAL REPORTS FROM COUNCILMEMBERS:
4. ITEMS FOR DISCUSSION:
(a) Code Amendment (MF# CA2013 -001) Airport Zoning:
1. Agenda Report from Dave McDonald, City Planner dated July 1, 2013.
2. Proposed Ordinance.
3. Maps Illustrating Airport Overlay Zones 2 and 4 Northwest, Northeast and Southeast of the
Airport.
4, Worksheets Describing Land Use in Zones 2 and 4.
(b) Code Amendment (MF# CA2011 -006) PMC Title 25 (Zoning) Revisions:
1. Agenda Report from Shane O'Neill, Planner 1 dated July 2, 2013.
2. Proposed Ordinance.
3. May 16, 2013 Report to the Planning Commission.
4. June 20, 2013 Report to the Planning Commission.
(c) 2012 Legislative Amendments to the State Building and Energy Codes:
1. Agenda Report from Mitch Nickolds, Inspection Services Manager dated July 3, 2013.
2. Proposed Ordinance.
(d) Extension of Final Plat Approval Period (MF# CA2013 -004):
1. Agenda Report from Shane O'Neill, Planner I dated July 3, 2013,
2. SHB 1074.
3. Proposed Ordinance.
(e) Legislative Consultant Agreement:
1. Agenda Report from Gary Crutchfield, City Manager dated July 3, 2013.
2. Proposed Agreement.
(f) Capital Improvement Plan:
1. Agenda Report from Gary Crutchfield, City Manager dated July 3, 2013.
2. Proposed Capital Improvement Plan 2014 -2019 (Council packets only; copy available for
public review in the City Manager's office, the Pasco Library and on the City's webpage at
www.pasco-wa.jzov/citycouncilreports).
5. OTHER ITEMS FOR DISCUSSION:
(a)
(b)
(c)
6. EXECUTIVE SESSION:
(a)
(b)
(c)
7. ADJOURNMENT
Workshop Meeting 2 July 8, 2013
REMINDERS:
1. 12:00 p.m., Monday, July 8, Pasco Red Lion — Pasco Chamber of Commerce Membership Luncheon.
(Keynote Speaker: WSU Tri- Cities Chancellor, Keith Moo- Young)
2. 4:30 p.m., Monday, July 8, 6525 Burden Blvd — Apple Valley Dental and Braces Ribbon Cutting
Event. (MAYOR PRO -TEM REBECCA FRANCIK)
3. 6:00 p.m., Monday, July 8, Conference Room #1 — Old Fire Pension Board Meeting.
(COUNCILMEMBER REBECCA FRANCIK, Rep.; SAUL MARTINEZ, Alt.)
4. 2:00 p.m., Tuesday, July 9, Benton Franklin Health Department, Classroom #1 — Continuum of Care
Task Force Meeting. (COUNCILMEMBER AL YENNEY)
5. 7:00 a.m., Thursday, July 11 — BFCG Tri -Mats Policy Advisory Committee Meeting.
(COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.)
6. 7:00 p.m., Thursday, July 11 — Ben - Franklin Transit Board Meeting. (MAYOR MATT WATKINS,
Rep.; MIKE GARRISON, Alt.)
AGENDA REPORT
FOR: City Council
TO: Gary Crutchfi Manager
Rick White, j
Community & conomic Development Director, j
FROM: David 1. McDonald, City Planner
SUBJECT: Code Amendment: MF # CA2013 -001 Airport Zoning
I. REFERENCES
July 1, 2013
Workshop: 7/8/13
I. Proposed Ordinance
2. Maps Illustrating Airport Overlay Zones 2 and 4 Northwest, Northeast and Southeast
of the Airport
3. Worksheets Describing Land Use in Zones 2 and 4
H. ACTION REQUESTED OF COUNCIL I STAFF RECOMMENDATIONS:
718: Discussion
III, FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. Approximately every 10 years the Port of Pasco updates the Tri- Cities Airport Master
Plan,
B. Early in the most recent Master Planning process the Port, City and County staff
began meeting to discuss the need for updating the airport zoning regulations to guide
growth around the airport. The current airport zoning regulations were adopted in
early 1972 and have remained virtually unchanged for 41 years.
C. Following the Planning Commission workshop and public hearing the City Council
reviewed the proposed code amendment at the workshop on May 13, 2013. The
Council initially had concerns about the impacts of the proposed Ordinance on infill
development south of I -182 in the Riverview area. Information related to those
concerns was provided at the June I Ot" Council meeting.
D. At the June 10th Council workshop staff was asked to provide additional information
about possible impacts to development on the eastern side of the airport,
V. DISCUSSION:
A. The area of concern for future development around the airport falls within Overlay
Zones 2 and 4. Zones 2 and 4 cover the inner and outer approach/departure zones
which prohibit land uses which encourage large concentrations of people; such as
would be found in shopping malls, churches, schools, hospitals and large office
complexes. Residential uses are typically excluded from these zones also. The areas
to the southeast, northeast and northwest of the airport have been mapped to
determine the amount of vacant land available for future development in the two
overlay zones of concern.
B. To the southeast of Runway 30 Overlay Zone 2 will have virtually no impact on
development. There are only about 2.5 acres of vacant land in this area and most of
4(a)
that vacant land (2.1 acres) is part of a storage yard for an old packing shed located on
3ra Avenue. The majority of the land in Zone 2 is owned by the Port, BNSF or is part
of the Sun Willows Golf Course. Zone 4 to the southeast of the airport will also have
minimal impact on future development. Almost half of the land within Zone 4 is
railroad property or public right -of -way. About fa acres of privately owned land is
available for heavy commercial or light industrial development consistent with the
limitation of Zone 4. Another six acres of vacant land is owned by the Pasco School
District and is part of a larger parcel where the District plans to build a new school in
2014. Schools are prohibited in Zone 4. However in this case the School District
already has land use approval (in the form of a Special Permit) to construct the new
school and is vested.
C. To the northeast of Runway 21R seventy -five percent of the land in zone 2 is owned
by the Port, BNSF or is occupied by street right -of -way. Of the 46 acres of vacant
land the Port is the majority (95%) owner. Much of the Port land is part of the Foster
Wells Business Center that is being marketed for light industrial uses consistent with
the land use limitations of Zone 2. Zone 4 to the northeast of the airport is
predominately occupied by farm land which is located outside the City limits. The
farm land is designated in the Comprehensive Plan for industrial uses and is zoned for
industrial uses by the County. The vacant 17 acres of land inside the City are part of
the Pasco Processing Center and will be developed in the future with food processing
related facilities. Food processing related activities would be consistent with the land
use limitation of Zone 4.
D. To the northwest of Runway 12 eight -two percent of the land area within Zone 2 is
owned by the Port and US Bureau of Reclamation. Of the remaining land in Zone 2,
most is farm land located outside the City and outside the Urban Growth Area. The
farm land is zoned by the County for agricultural production and has a 20 acre
minimum lot size requirement. Zone 4 to the northwest of the airport is entirely in
the County and outside the Urban Growth area. The 70 acres of farm land in Zone 4
are designated for agricultural production by the County. The remainder of the land
in Zone 4 is zoned Rural Residential -1 by the County. Rural Residential -1 permits
residential development on one acre parcels. The proposed Zone 4 Overlay will
permit residential development on 20,000 square foot lots.
E. Due to property ownership (Port & BNSF), zoning and existing development, the
proposed Airport Overlay Zones will have minimal impact on future development to
the southeast, northeast and northwest of the airport. The 27 acres of farm land
located in Zone 2 to the northwest of the airport may be impacted in the future if the
property was ever included in the Urban Growth Area. However, under the current
County Comprehensive Plan designation and zoning, the overlay zone will have no
impact.
ORDINANCE NO.
AN ORDINANCE RELATING TO ZONING AND AMENDING PMC TITLE
25 BY REPEALING CHAPTER 25.82 AND CREATING A NEW CHAPTER
25.81 DEALING WITH AIRPORT PROTECTION ZONES AND RELATED
PROVISIONS.
WHEREAS, cities have the responsibility to manage physical development within their
borders and to ensure public health, safety and welfare are maintained; and,
WHEREAS, the Tri- Cities Airport is located within the City of Pasco; and,
WHEREAS, the updated (2012) Tri- Cities Airport Master Plan identifies airport
improvements necessary to accommodate an increasing population base and travel demands for
the Tri -City region; and,
WHEREAS, the Tri- Cities Airport Master Plan includes a 1,200 foot extension to
runway 12 to the northwest which will impact land use and development to the northwest of the
airport; and,
WHEREAS, State planning and airport laws (RCW 36.70.547 & RCW 14.12.030)
require communities with airports to develop regulations that limit structure heights and control
land uses adjacent to airports; and,
WHEREAS, the Planning Commission held a public meeting on April 25, 2013 and to
consider development regulations for areas surrounding the airport and made a recommendation
that the City Council amend PMC Title 25 by repealing Chapter 25.82 "Airport Zoning" and
replacing the same with a new Chapter 25.81 "Airport Overlay District"; and,
WHEREAS, the City Council has determined that to further the purposes of maintaining
the integrity of the Tri-City Airport, it is necessary to amend PMC Title 25; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
Section 1. That Chapter 25.82 entitled "AIRPORT ZONING" of the Pasco Municipal
Code be and the same is hereby repealed in its entirety:
Section 2. That a new Chapter 25.81 entitled "AIRPORT OVERLAY DISTRICT" of the
Pasco Municipal Code be and the same is hereby enacted to read as follows:
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CHAPTER 25.81 AIRPORT OVERLAY DISTRICT
25.81.010
PURPOSE
25.81.020
AIRPORT OVERLAY DISTRICT
25.81.030
AUTHORITY
25.81.040
APPLICABILITY
25.81.050
DEFINITIONS
25.81.060
HEIGHT LIMITATION ZONES
25.81.070
HEIGHT LIMITATIONS
25.81.080
USE RESTRICTIONS
25.81.090
AIRPORT SAFETY COMPATIBILITY ZONES
25.81.100
GENERAL REVIEW PROCEDURES
25.81.110
DISCLOSURE
25.81.010 PURPOSE. The purpose of the Airport Overlay District is to protect the
viability of the Tri- Cities Airport as a significant resource to the community by encouraging
compatible land uses, densities and reducing hazards that may endanger the lives and property of
the public and aviation users.
25.81.020. AIRPORT OVERLAY DISTRICT. There is hereby created an airport
overlay district as identified in the map made a part hereof and labeled Tri- Cities Airport Future
Part 77 Zones Map dated , and the Airport Safety Compatibility Zones map, as
established by the current Tri- Cities Airport Master Plan. All lands lying within the zones
therein shown within the city limits of Pasco are subjected to the building and use restrictions
within this chapter. This chapter shall be used in addition to and in combination with all other
district and development regulations contained in this title. The Airport shall be responsible for
providing updated maps to the City coincident with 10 year updates to the Airport Master Plan.
The Airport Overlay District classification identifies a series of imaginary surfaces and safety
zones within the airport influence area that has historically been prone to hazards associated with
aircraft and airports. This chapter is based on aircraft accident data from the National
Transportation Safety Board (NTSB) and the Federal Aviation Regulations (FAR) Part 77
Imaginary Surfaces and the "Airports and Compatibility Land Use Guidebook" produced by the
Washington State Department of Transportation Aviation Division. As the name implies, this
classification is laid over the existing City of Pasco zoning districts to ensure that densities and
land use requirements of the underlying zoning districts are consistent with the NTSB standards
and provide for maximum protection to the public, health, safety and general welfare of the
community and for those citizens working and residing within the airport influence area.
25.81.030. AUTHORITY. The legislature of the State of Washington through RCW
14.12 the "Airport Zoning Act" has given authority to local governments to adopt regulations
within its jurisdiction to promote the public health, safety, and general welfare of its citizenry
regarding airport hazards. RCW 36.70.547 requires every county, city, and town in which there
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is located an airport to discourage the siting of incompatible uses adjacent to such aviation
airport.
25.81.040. APPLICABILITY. The provisions of this chapter shall apply to all lands,
buildings, structures, natural features or uses located within those areas that are defined by the
Airport Overlay District and designated on the Tri- Cities Airport Part 77 Surfaces map which
identifies areas of height limitations and the Airport Safety Compatibility Zones (ASCZ) map.
25.81.050. DEFINITIONS. The following terms shall have the meanings indicated,
specific to this chapter only:
AIRPORT: The Tri- Cities Airport.
AIRPORT ELEVATION: The highest point of an airport's useable landing area measured in
feet from sea level. The Tri- Cities Airport is four hundred ten feet (410') above mean sea level.
APPROACH SURFACE: An imaginary surface longitudinally centered on the extended runway
centerline, extending outward and upward from the end of the primary surface and at the same
slope as the approach zone height limitation slope set forth in Chapter 25.81.060. The perimeter
of the approach surface coincides with the perimeter of the approach zone.
CONICAL SURFACE: An imaginary surface extending outward and upward from the
periphery of the horizontal surface at a slope of twenty to one (20:1) for a horizontal distance of
four thousand feet (4,000').
DEED NOTICE: A formal statement provided in 25.81.110 as a note on the face of a short plat,
major subdivision or binding site plan or recorded against the property notifying potential
property owners that the property is located adjacent to an active airport and said property may
be impacted by aircraft noise, odors, vibration, and low flying aircraft.
FAA FORM 7460 -1, NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION: A
form which the Federal Aviation Administration requires to be completed by anyone who is
proposing to construct or alter an object that could affect airspace and allows the FAA to conduct
an airspace analysis to determine whether the object will adversely affect airspace or
navigational aids. More information regarding this requirement can be found on the FAA
website.
FAR PART 77 SURFACES: The Part of 49 CFR of the Federal Aviation Regulations that deals
with objects affecting navigable airspace.
FAR PART 77 ZONES: Imaginary airspace surfaces established with relation to each runway of
an airport. There are five types of surfaces: (1) primary; (2) approach; (3) transitional; (4)
horizontal; and (5) conical.
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tApproach
ion Approach
E
HAZARD TO AIR NAVIGATION: An obstruction determined to have a substantial adverse
effect on the safe and efficient utilization of the navigable airspace.
HEIGHT: For the purpose of determining the height limits in all zones and as shown on the Tri-
Cities Airport Future fart 77 Zones map, this datum shall be height above mean sea level
elevation unless otherwise specified.
HORIZONTAL SURFACE: A horizontal plane one hundred fifty feet (150') above the
established airport elevation, the perimeter of which plane coincides with the inner perimeter of
the conical surface. This is five hundred sixty feet (560') above mean sea level for the Tri- Cities
Airport.
INFILL: Development designed to occupy scattered vacant parcels of land which remain after
the majority of development has occurred in an area.
OBSTRUCTION: Any object of natural growth, terrain, of permanent or temporary construction
or alteration, including equipment or materials used therein which exceeds a limiting height set
forth in Chapter 25.81.070.
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PRECISION APPROACH: A landing approach made without visual reference to the ground by
the use of aircraft instruments and ground -based electronic or communications systems or
devices. An aircraft making such an approach should be flying in accordance with an IFR
(instrument flight rules) flight plan.
PRIMARY SURFACE: A surface longitudinally centered on a runway with a width of one
thousand feet (1,000') for instrument approaches and five- hundred feet (500') for visual
approaches. When the runway has a specially prepared hard surface, the primary surface extends
two hundred feet beyond each end of the runway. The elevation of any point on the primary
surface is the same as the elevation of the nearest point on the runway centerline. The elevation
of the Primary Surface at the Tri- Cities airport is four hundred ten feet (410') above mean sea
level.
RUNWAY: A defined area on an airport prepared for landing and take -off of aircraft along its
length.
TRANSITIONAL SURFACES: These imaginary surfaces extend outward at ninety- degree
angles to the runway centerline, and runway centerline extended, at a slope of seven feet (7')
horizontally for each foot vertically (7:1) from the sides of the primary and approach surfaces to
where they intersect with the horizontal and conical surfaces.
TREE: Any object of natural growth.
VISUAL RUNWAY: A runway intended solely for the operation of aircraft using visual
approach procedures, with no straight -in instrument approach procedure and no instrument
designation indicated on an FAA - approved airport layout plan.
25.81.060 HEIGHT LIMITATION ZONES. The height limitation zones are hereby
established, consistent with the FAR Part 77 Surfaces ` Objects Affecting Navigable Airspace,
and are described below.
(1) PRECISION INSTRUMENT APPROACH ZONE. Includes Runways 3L, 21R, 30.
A precision instrument approach zone is established at each end of a precision instrument
runway for instrument landings and takeoffs. The precision instrument approach zones shall
have a width of one thousand feet (1,000') at a distance of two hundred feet (200') beyond each
end of the runway, coinciding with the Primary Surface, widening thereafter uniformly to a
width of sixteen thousand feet (16,000') at a distance of fifty thousand two hundred feet
(50,200') beyond each end of the runway, its centerline being the continuation of the centerline
of the runway.
(2) NON - PRECISION INSTRUMENT APPROACH ZONE. Includes Runway 12. A
Non - Precision instrument approach zone is established at each end of a Non- Precision
instrument runway for improved landings and takeoffs. The non - precision instrument approach
zones shall have a width of five hundred feet (500') at a distance of two hundred feet (200')
beyond each end of the runway, thereafter widening uniformly to a width of three thousand five
hundred feet (3,500') at a distance of ten thousand two- hundred feet (10,200') beyond each end
of the runway, it's centerline being the continuation of the centerline of the runway,
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(3) VISUAL APPROACH ZONE. Includes Runways 3R and 21L. A visual approach
zone is established at each end of all visual runways for landings and takeoffs. The visual
approach zones shall have a width of five hundred feet (500') at a distance of two hundred feet
(200') beyond each end of the runway, widening thereafter uniformly to a width of one thousand
five hundred (1,500) feet at a distance of five thousand two hundred feet (5,200') beyond each
end of the runway, its centerline being the continuation of the centerline of the runway.
(4) TRANSITION ZONES. Transition zones are hereby established adjacent to each
instrument and non - instrument runway and approach zone as indicated on the Tri- Cities Airport
Future Park 77 Zones map. Transition zones symmetrically located on either side of runways
have variable widths as shown on the map. Transition zones extend outward from a line two
hundred fifty feet (250') on either side of the centerline of the non - instrument runway, for the
length of such runway plus two hundred feet (200') on each end; and five hundred feet (500') on
either side of the centerline of the instrument runway, for the length of such runway plus two
hundred feet (200') on each end, beginning at 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 Tri- Cities Airport Future Part 77 Zones 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 vertically for each seven feet
horizontally to the points where they intersect the horizontal and conical surfaces. 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.
(5) HORIZONTAL ZONE. A horizontal zone is hereby established as the area within a
horizontal plane one hundred fifty feet (150') above the established airport elevation or at a
height of five hundred sixty feet (560') above mean sea level, 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.
(6) 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.
25.81.070 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 zones established herein. Where an area is covered by more than one height limitation, the
more restrictive limitations shall prevail. The restrictions shall apply to the area surrounding all
runways and approaches situated thereon. The owner of any existing nonconforming building,
structure, or tree shall be required to permit the installation, operation, and maintenance thereon
of any markers and lights as deemed necessary by the airport sponsor or the FAA to indicate to
no
operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such
height limitations are hereby established for each zone as follows:
(1) Precision Instrument Approach Zone. Beginning at the end of and at the same
elevations as the Primary Surface, slopes one foot in height for each fifty feet (50:1) in
horizontal distance and extending to a distance of ten thousand two hundred feet (10,200) 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 (50,200) from the end of the runway;
(2) Non - Precision Instrument Approach Zone. Beginning at the end of and at the
same elevations as the Primary Surface, slopes one foot in height for each thirty -four feet (34:1)
in horizontal distance and extending to a distance of ten thousand two hundred feet (10,200)
from the end of the runway;
(3) Visual Approach Zones. Beginning at the end of and at the same elevation as the
Primary Surface, slopes one foot in height for each twenty feet (20:1) in horizontal distance and
extending to a point ten thousand two hundred feet (5,200') from the end of the runway;
(4) Transition Zones. Slopes outward one foot in height for each seven feet (7:1) in
horizontal distance beginning at the Primary Surface, extending to a height of one hundred fifty
feet (150') above the airport elevation which is four hundred ten feet (410') above mean sea
level. In addition to the foregoing, there are established height limits of one foot vertical height
for each seven feet horizontal (7:1) 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 (5,000') from the edge of the instrument approach
zone measured normal to the centerline of the runway extended;
(5) Horizontal Zone. One hundred fifty feet (150') above the airport elevation or a
height of five hundred sixty feet (560) above mean sea level;
(6) Conical Zone. Slopes outward one foot in height for each twenty feet (20:1) of
horizontal distance beginning at the periphery of the horizontal zone, extend four thousand feet
(4,000') to a height of three hundred fifty feet (350') above the airport elevation or a height of
seven hundred sixty feet above mean sea level (760').
25.81.080 USE RESTRICTIONS.
(1) General Requirements: Notwithstanding any other provisions of this chapter, no use
may be made of land or water within any zone established by this chapter in such a manner as to
create electrical interference with navigational signals or 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,
create bird strike hazards or otherwise in any way endanger or interfere with the landing, taking
off, or maneuvering of aircraft.
(2) Lighting: No new or expanded industrial, commercial, recreational or residential use
shall project lighting directly onto an existing runway, taxiway, or approach/departure surface
except where necessary for safe air travel. Lighting for these uses shall incorporate shielding to
reflect light away from the airport and shall not imitate airport lighting.
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(3) Communications Facilities: Approval of cellular and other communications or
transmission towers located within any zone described within section 25.81.060 shall be
conditioned to require their removal within 90 days of discontinuance of use.
25.81.090 AIRPORT SAFETY COMPATIBILITY ZONES. Zones described below are
shown in the Airport Safety Compatibility Zones (ASCZ) map with the prohibited land uses
listed below in order to promote the general safety and welfare of properties surrounding the
airport and the continued viability of the airport.
Zone 1 — Runway Protection Zone (RPZ): only airport uses and activities are allowed
within the RPZ.
Zone 2 — Inner Approach/Departure Zone: Prohibited land uses within this zone are:
residences except residential infill development is permitted south of I -182, places of public
assembly such as churches, schools (K -12), colleges, hospitals; high density office, retail or
service buildings; shopping centers and other uses with similar concentrations of persons.
Production of asphalt paving and roofing materials or rock crushing are also prohibited. Fuel
storage facilities or the storage or use of significant amounts of materials which are explosive,
flammable, toxic, corrosive, or otherwise exhibit hazardous characteristics shall not be located
within the Inner Approach/Departure Zone. Hazardous wildlife attractants including waste
disposal operations, water management and storm water facilities with above- ground water
storage, and man -made wetlands shall not be allowed within the Inner Approach/Departure
Zone. All new infill residential development must include the disclosure statement in Chapter
25.81.110 on plats, short plats and binding site plans.
Zone 3 — Inner Turning Zone: Prohibited land uses within this zone are schools (K -12)
and hospitals. New residential development is prohibited unless it is infill residential
development. All new infill residential development must include the disclosure statement in
Chapter 25.8 1.110 on plats short plats and binding site plans.
Zone 4 — Outer Approach/Departure Zone: Prohibited land uses within this zone are:
places of public assembly such as churches except existing churches shall be permitted to
expand, schools (K -12), hospitals, shopping centers and other uses with similar concentrations of
persons. Residential density is limited to RS -20 except south of 1 -182. All new residential
development must include the disclosure statement in Chapter 25.8 1.110 on plats, short plat and
binding site plans.
Zone 5 — Sideline Zone: Prohibited land uses within this zone are residences, except
residences that are constructed to replace existing residences, of like size and type, damaged by
fire and other causes, places of public assembly such as churches, schools, hospitals, shopping
centers and other uses with similar concentrations of persons. Mining, including sand and gravel
pits are prohibited in the Sideline Zone.
Zone 6 — Traffic Pattern Zone: Prohibited land uses within this zone are new schools (K-
12), hospitals and other uses with similar concentrations of persons. Replacement or expansion
of existing schools is permitted. All new residential developments must include the disclosure
statement in Chapter 25.8 1.110 on plats, short plats and binding site plans..
25.81.110: GENERAL REVIEW PROCEDURES. No use, building, structure, or
development activity shall be permitted, established, altered or relocated by any person except as
otherwise authorized by this chapter. All permit applications within the Airport Overlay District
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shall, in addition to being reviewed through the standard development review process, be subject
to the following:
A. All developments, permits or plats with proposed buildings and/or structures found to
be within twenty feet (20') of any of the height limitations described in 25.81.070
and/or all buildings and structures over two hundred feet (200') in height must submit
a site plan, building elevations and an FAA Form 7460 -1 to the Port of Pasco
Administrative Office for Port and FAA review and approval. Upon review, further
documentation shall be required, if more accurate data is necessary for a
determination of impact including detailed surveys by a licensed land surveyor.
B. All developments, permits or plats falling within the ASCZs described in 25.81.090
associated with special use permits, variances or existing non - conforming uses must
also submit a site plan to the Port of Pasco Administrative Office for Port review.
C. All applications for Comprehensive Plan amendments and rezones falling within the
ASCZs described in 25.81.090 shall be forwarded to the Port of Pasco Administrative
Office for Port review prior to any required public hearing.
25.81.120 DISCLOSURE. To all extents possible, property owners and potential
property buyers should be made aware of the following disclosure. The disclosure statement
shall be listed on all approved subdivision plats, short plats, binding site plans and deeds within
any of the identified zones in section 25.81.060 or 25.81.090.
"Properties near the Tri- Cities Airport may be subject to varying noise levels and
vibration. Properties near the airport may be located within height and use restriction zones as
described and illustrated by federal standards and regulations and the City of Pasco Zoning and
Development Regulations. There is the potential that standard flight patterns will result in
aircraft passing over the properties at low altitudes and during all hours of the day. Future airport
expansion including a potential 1850' runway extension to the northwest may impact the size and
number of aircraft that utilize the airport. Generally it is not practical to redirect or severely limit
airport usage and/or planned airport expansion. Developments near the airport should assume
that at any given time there will be some impact from air traffic."
Section 3. This ordinance shall be in full force and effect five days after passage and
publication as required by law.
PASSED by the City Council of the City of Pasco, at its regular meeting of
, 2013.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark
City Clerk
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APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
Zone 4
Southeast (Runway 30)
Vacant Lands Analysis
Zone 4 to the southeast of the airport contains 91 acres, about half of which is
occupied by street and railroad right -of -way or property. The breakdown of land
use and zoning is as follows:
Railroad Property & R -O -W 33 Acres I -1 Light Industrial
Other R -O -W 12 Acres No zoning
Vacant Land 14 Acres C -3 & I -1*
Developed Land 32 Acres C -3 8, 1-1*
*(C -3 General Business & I -1 Light Industrial)
Develo ment Potential
In addition to the railroad property there are 8 parcels of vacant land within Zone
4. These parcels range in size from .48 acres to 1.80 acres. Being C -3 and I -1,
these parcels will continue to develop with buildings and businesses which are
similar in nature to those existing along Oregon Avenue. High density offices, retail
and services business are not found in the Oregon Avenue corridor. Due to the
mix of heavy commercial and industrial uses on Oregon Avenue there is a very low
probability that motels will seek to locate in the area. Over the past twenty years
the only inquires to the City about motels have been on the vacant parcel north of
the Motel 6. This parcel is about a 700 feet east of Zone 2 and about a 1,000 feet
northeast of Zone 4. The possible development of motels on Oregon Avenue near
James Street will not be impacted by the airport zones.
The development of the railroad property with railroad service buildings and
similar uses will not be restricted or limited due to the Airport Overlay Zoning.
About 6 acres of School District property is located in the southeast corner of Zone
4. Schools are a prohibited use in Zone 4. The School District plans to construct
an elementary school in this area beginning in 2014. The School District has
already received land use approval of the school through the special permit review
process. In that respect, the School District is vested and will be allow building
the school after the Overlay zone is established.
Zone 2
Southeast (Runway 30)
Vacant Lands Analysis
Zone 2 to the southeast of the airport contains 161 acres, most of which is
controlled by the airport or occupied by highway, street and railroad right -of-
way. The breakdown of land use and zoning is as follows:
Golf Course
14 Acres
R
-1 Residential
Airport Property
58 Acres
I -1
Light Industrial
Railroad Property & R -O -W
35 Acres
I -1
Light Industrial
Other R -O -W
27 Acres
No
zoning
PUD Yard
11.5 Acres
I -1
Light Industrial
Vacant Land*
2.5 Acres
C
-1 & 1-1**
Developed Land
13 Acres
C
-1, C -3, I -1 & R -1 -A **
*(Vacant private land only)
* *(C -1 Retail business, C -3 General Business, I -1
Light Industrial 8s R -1-
A Low Density Residential Alternate)
Development Potential
There is little opportunity for additional development in Zone 2 southeast of the
Runway 30. There are only 2.5 acres of privately owned vacant land available
for development and most of that vacant land (2.1 acres) is part of a storage
yard for the old warehouse /packing shed on 3rd Avenue between Jan Street
and Pearl Street. The remainder of the vacant land is owned by the Port and
the BNSF railroad. The Port land is more or less part of the "Runway
Protection Zone" and has been reserved for airport activities only. The railroad
land is not available for private development and has recently been considered
for the development of railway service buildings. Given the size, location and
zoning of the vacant land in Zone 2, there will be no opportunities for the
construction of hospitals, high- density offices, schools, churches, retail shops,
motels or any other land use prohibited by the proposed Airport Overlay
Zoning.
Zone 2
Northeast (Runway 21R)
Vacant Lands Analysis
Zone 2 to the northeast of the airport contains 189 acres with 75 percent of
which is owned by the Port or occupied by street and railroad right -of -way.
The breakdown of land use and zoning is as follows:
Airport Property 35 Acres
Railroad R -O -W 54 Acres
Other R -O -W 6 Acres
Vacant Land* 46 Acres
Developed Land 48 Acres
*(44 acres of the vacant land is owned t
Development Potential
I -1 Light Industrial
I -1 Light Industrial
No zoning
1 -2 Medium Industrial
I -2 Medium Industrial
ly the Port)
The 46 acres of vacant land is zoned I -2 and owned almost entirely by the Port
of Pasco. A portion of the vacant Port land has been subdivided into the Foster
Wells Business Center and is being marketed for light industrial uses that will
support the food processing and agricultural industry. The other Port parcel is
located between Americold and Twin City Foods. The remaining two acres of
vacant land are part of the Syngenta facility. Based on the ownership and
zoning of the vacant land in Zone 2 the land will eventually be developed with
industrial facilities consistent with the proposed Airport Overlay Zoning. The
Overlay Zone will not have a deleterious impact on development in this area
due to the industrial zoning.
Zone 4
Northeast (Runway 21R)
Vacant Lands Analysis
Zone 4 to the northeast of the airport contains 161 acres and is predominantly
farm land. The breakdown of land use and zoning is as follows:
R -O -W 19 Acres No zoning
Farm Land 100 Acres 1 -2 General Industrial*
Developed Land 25 Acres 1 -2 Medium Industrial
Vacant Land 17 1 -2 Medium Industrial
*(County Zoning)
Development Potential
Zone 4 is designated in the comprehensive Plan for industrial uses and is
entirely zoned 1 -2. With the industrial designation of and industrial zoning
future development in Zone 4 will generally be industrial in nature. As
industrial activities increase in this area there will be little to no need for
schools, churches, colleges and other uses listed as prohibited in the Airport
Overlay Zone.
Zone 2
Northwest (Runway 12)
Vacant Lands Analysis
Zone 2 to the northwest of the airport contains 161 acres with 82 percent of
which is owned by Public agencies. The breakdown of land use and zoning is
as follows:
Port Property 100 Acres RS -1 8v I -1 *
Bureau of Reclamation 32.5 Acres AP -20 **
Farm land 26 Acres AP -20 **
Storm water pond .5 Acres RS- I *
Vacant Land 2 Acres RR -1 **
*(RS -1 Suburban Residential 8, I -1 Light Industrial)
* *(County Zoning- Agricultural Production & Rural Residential)
Development Potential
The Port of Pasco owns 62 percent of the land within Zone 2. The Port land
was purchased to protect airport operations by limiting development on said
land. The Port is in negotiations with the Bureau of Reclamation to acquire the
32 acres owned by the Bureau.
The farm land and vacant land are located outside the City and outside of the
Urban Growth Area. The current County zoning on both parcels is more
restrictive than the proposed Airport Overlay Zoning
Development potential for lands within Zone 2 is limited due to government
ownership (Port & Bureau of Reclamation) and County zoning.
Zone 4
Northwest (Runway 12)
Vacant Lands Analysis
Zone 4 to the northwest of the airport contains 91 acres and is predominantly
farmland. The breakdown of land use and zoning is as follows:
Farm Land 70 Acres AP -20*
Developed Land 1 Acre RR -1 **
Vacant Land 20 RR -1 **
*(County Zoning - Agricultural Production with 20 acre lots)
* *(County Zoning -Rural Residential one acre lots)
Development Potential
Zone 4 is completely in the County and outside of the Urban Growth Area
(UGA). While it remains outside the UGA the development potential of this area
is limited. The County has zoned the farmland in Zone 4 for agricultural
production and limits lots size to 20 acres (some exceptions apply). The Rural
Residential property is more or less part of the Clark Addition and is permitted
to be developed with single - family dwellings on one acre parcels.
The proposed Airport Overlay Zoning will permit residential densities greater
than those currently permitted under the County zoning (1/2 acre vs. 20 acres).
However any development in the area must conform to the more stringent
County standards.
1/2
AGENDA REPORT
FOR: City Counci July 2, 2013
TO: Gary Crutc el y Manager Workshop: 7/8/13
Rick White,
Community & conomic Development Directo�
FROM: Shane O'Neill, Planner I
SUBJECT: Code Amendment: (MF # CA2011 -006) PMC Title 25 (Zoning) Revisions
I. REFERENCES
1. Proposed Ordinance
2. May 16, 2013 report to the Planning Commission
3. June 20, 2013 report to the Planning Commission
II. ACTION REQUESTED OF COUNCIL 1 STAFF RECOMMENDATIONS:
718: DISCUSSION
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. Over the past 2 years the Planning Commission and City Council have held a number
of public hearings and workshop sessions with the purpose of refining a list of
proposed revisions to Pasco Municipal Code Title 25 (Zoning).
B. Throughout the process Council has so far identified four items to be further
evaluated and refined: accessory structure height in the RS -12 & RS -20 zones,
caretakers' residences, in -home tutoring (number of students) and temporary
structures.
C. At the April 22 Workshop, Council reviewed all changes to date and requested
language allowing temporary structures during construction (p.27, Ref. # 1) and a
provision for additional height of detached garages (p.7 & p.32, Ref. 91).
D. At the June 20 meeting, the Planning Commission recommended that a provision for
additional height of detached residential garages in the RS -20 zoning district be added
via special permit review.
V. DISCUSSION:
A. As the revisions appear to reflect Council direction, staff recommends approval of the
proposed Ordinance amending Title 25 of the Pasco Municipal Code.
4(b)
ORDINANCE NO.
AN ORDINANCE relating to land use and zoning amending PMC
Title 25 "Zoning"
WHEREAS, cities have the responsibility to regulate and control the physical
development within their borders and to ensure public health, safety and welfare are maintained;
and
WHEREAS, the City of Pasco has zoning regulations that encourage orderly growth and
development; and
WHEREAS, over time, administration of Title 25 has revealed the need for certain
modifications to provide clarity or to address changing conditions in the community; and
WHEREAS, over time various code amendments have caused incorrect references to
occur, and
WHEREAS, over time State Laws have changed causing definitions to become outdated
or obsolete; and
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 PMC Title 25, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. The following sections of Chapter 25.12 are hereby repealed in their
entirety:
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Ordinance Amending Title 25
Page 1 of 34
WAVANVAILVIRMIN
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Ordinance Amending Title 25
Page 1 of 34
Section 2. The following section of Chapter 25.74 is hereby repealed in its entirety:
25.74.020 SITE DESIGN REQUIREMENTS ANI;� STANOARDS. Tables 74 1 aftd
74 :2, "Site Design Requifemea4s and StandaMs", afe ineor-pera4ed as paA of this Chapter- a&
refer-aftee guides and is insefted at the end of this ehap��. These is afe hefeby
Section 3. That Section 25.04.020 entitled "Purpose of Title" of the Pasco Municipal
Code, shall be and hereby is amended and shall read as follows:
25.04.020 PURPOSE OF TITLE.
(2) To provide adequate open space for light and air, to prevent overcrowding of the
land, and to lessen reduce congestion on the streets.
Section 4. That Section. 25.08.020 entitled "Conflicting Provisions" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
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 tie this Title, the text shall govern unless otherwise stated.
Section 5. That Chapter 25.12 entitled "Definitions" of the Pasco Municipal Code
shall be and hereby is amended and shall read as follows:
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;
device:, vrhieh use n videe tebe arcade video games and similar devices which use television
screens or monitors to reproduce symbolic figures and lines intended to be representative of real
games or activities.
25.12.130 BUILDING HEIGHT. 'Building height" means the vei4ieal distanee &
the aver-age finished gr-ade aba�,,e a feferenee daWfn ffieas-ur-ed te the highest point ef the e0ping
of a flat r-aof E)r- te the (leek line E)f a fnansafd r-eaf er- te the average height of the highest gable 4
TFJ1lieheyef �4elds a gr— , 4 height of btt Laing.
Oi-dinance Anleazding Title 25
Page 2 of 34
�-
The vertical distance from grade plane to the average height of the highest roof surface. Said
grade plane represents the average finished ground level adjoining the building exterior walls.
Where the finished ground slopes away from the exterior walls the reference plane shall be
established by the lowest points within the area between the building and the lot linc or, where
the lot line is more than 6 feet from the building between the building and a point 6 feet
from the building.
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 irr under Section 25.12.485.
25.12.151 COMMUNITY SERVICE HOUSING. "Community service housing"
means a facility that principally offers or provides subsidized housing on a daily, weekly or
monthly basis and provides one or more of the additional followin2 services at a cost if an
subsidized by charitable or government agencies, including: A Meals and food-, B Child or
adult da eare services; C Employment, substance abuse or behavior counseling; and D
Medical dental or mental health services; re ardless of whether such community social and
health welfare services are provided on premises or off the premises for the benefit of such
residents.
25.12.158 DANCE HALL. "Dance hall" means an T. enclosed space where public
dances are held and where alcohol and /or food mqy be sold.
25.12.160 DAY CARE CENTER, FAMILY HOME, NURSERY SCHOOL
FAMILY HOME DAY CARE, PRESCHOOL. "Day care center, family home nursery school,
family home day care, preschool' —"
a
by the state and ee dueted in aeear-danee ;+h.. tae requir-effients. For the purpose of this Title
the following definitions shall 4a& apply to day -care center, babysitting care family home day
care family home preschool/nursery schools nursery schools or preschools:
(1) Babysitting care: Means a dwelling which provides occasional eestedia4 care to
children, for periods of less than twenty -four hours, who do not reside within the residence of the
person providing the care.
(2) 14afae based dfty eEffe: Family Home Da. Care: Means a home licensed by the
Department of Social and Health Services and in which direct care supervision and leamin
Ordinance Amending Title 25
Page 3 of 34
0 ortunities v,hied. day e
Pp e is are regularly provided for not more than twelve (12) children or
adults or for periods of less than 24 hours. Home bid day care is in any home-
ivb444lil VUJ V its zeiiiiig elassifieafieii7.
5 whieh
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(4) Day -care center: Means a place which provides regular eustedial scheduled care
for tweWe er more than twelve children or adults, for periods of less than twenty -four hours.
(5) Family Home Preschool/Nursery Schools. Means a home or- lae that provides
regular eustedial care and/or organized learning and educational experiences for not more than
twelve children.
(6) Fami1 Home Day Care Provider: Means a person who provides direct care,
su ervision behavior mans ement and early learning opportunities for twelve or fewer children
in their family home living quarters for periods of less than twee -four hours.
(7) Family Home Child Care: means a facility licensed to provide direct care,
supervision and early learning opportunities for twelve or fewer children in the home of the
licensee where the licensee resides and is the primga provider.
8 Preschool Center: Means a place that Drovides regular custodial care and/or
organized learning and educational experiences for more than twelve children.
25.12.188 EXOTICJWILD ANIMAL. "Exotic/Wild Animal" includes but is not
limited to an one of the following: lions tigers, wild cats (including IM and bobcats), wolves
bears apes, monkeys, and raccoons dangerous re tiles such as alligators, poisonous reptiles, or
similar wild and exotic animals.
25.12.190(2) 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 International Building Code standards as adopted by the
City of Pasco for on -site construction, the Washington State Energy Code and all other tuiifefm
codes adopted by the City of Pasco governing the construction of residential structures.
25.12.195 FAMILY. "Family" means one or more persons (but not more than six
unrelated persons) living together as a single housekeeping unit. For puKposes of this defmition
and notwithstanding any other provision of this Code children with familial status within the
meaning of Title 42 United States Code Section 3602(k) and persons with handicaps within the
meaning of Title 42 United States Code Section 3602 will not be counted as unrelated
persons. related by blood, inaf6age, of adapfiell,
Ordhiance Ainendizig Title 25
Page 4 of 34
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. Residential
Garages do not contain bathrooms showers or other furnishings or living Mace appurtenances
set up for habitation purposes.
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; or the merchandise is sold strictly
through the internet and/or direct mail service.
25.12.265 LOT, FLAG. "Flag lot" means a large lot not meeting minimum frontage
requirements and where access to the public read right -of -way is by a narrow private fight of
way r driveway. Flag lot also means a recessed interior lot with an extended driveway.
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 or recreational vehicles, provided no hazardous substances or conditions are
maintained within the facility.
25.12.315 MOBILE HOME. "Mobile home" means a si ngle family d- YVZung thii4
twe body feet or- ffiere in letigth and eight body fi�� er- more in width, designed
transpet4ation, wheels, and designed to be
eaastfuc4ed befere jt�ne15 19;-� a factory -built dwelling built rip �or to June 15 1976, to
standards other than the United States Department of Housing and Urban Development code and
acceptable under applicable state codes in effect at the time of construction or introduction of the
home into the state.
25.12.320 MOTOR HOME. "Motor home" means a vehieulaf type of ullit
recreational vehicle 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.
25.12.327 NIGHTCLUB, "Nightclub" means_ an establishment that provides
entertainment and has as its primM source of revenue a the sale of alcohol for consumption on
the remises and cover charges, It does not mean premises wherein such beverages are sold
in conjunction with the sale of food for consumption on the premises and the sale of said
bevera es comprises less than 25 Dereent of the gross recei ts.
25.12.397 SHOP. A "shot" means a residential garage as defined under 25; 12.200
Ordinance Amending Title 25
Page 5 of 34
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 used for storage rather than habitation.
25.12.470 VEHICLES. "Vehicles" means motorized and non - 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, trailers, and such recreational vehicles as defined herein.
25.12.480 WINERY (COMMERCIAL). "Commercial winery" means a facility
designed for crushing, pressing, fermenting, bottling and cellaring wine for retail and wholesale
purposes. .
25.12.490 YARD, FRONT. "Front yard" means an open and unoccupied space,
eKeept as provided , extending the full width of the lot between any building and any street
right -of -way adjacent the lot. The front yard shall be determined by measuring perpendicular
from the street right -of -way to the closest point of the building.
25.12.495 YARD, REAR. "Rear yard" means an open and unoccupied space, exeept
as pr-evided rein, extending across the full width of the lot between the principal building and
the rear lot line and measured perpendicular from the rear lot line to the closest point of the
building; and shall not include any front setback area on corner lots. For a corner lot, the rear
yard shall be parallel to the shortest lot line common to an adjacent lot.
Section 6. That Chapter 25.16.010 entitled "Establishment of Zoning Districts" of the
Pasco Municipal Code shall be and hereby is amended and shall read as follows:
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
R -S -20 District
R -S -12 District
R -S -1 District
R -1 District
R -1 -A District
R -1 -A2 District
R -2 District
R -3 District
R -4 District
RP District
O District
C -1 District
C -2 District
Ordinance Amending Title. 25
Residential Transition District
Residential Suburban District
Residential Suburban District
Low- Density Suburban Residential District
Low - Density Residential District
Low- Density Residential Alternative District
Low - Density Residential Alternative District
Medium - Density Residential District
Medium- Density Residential District
High - Density Residential District
Page 6 of 34
Residential Park District
Office District
Retail Business District
Central Business District
C -2 OverlayDistrict
C -3 District
C -R District
BP District
I -182 Overlay District
I -1 District
1 -2 District
I -3 District
Central Business Overlay District
General Business District
Regional Commercial District
Business Park District
1 -182 Corridor Overlay District
Light Industrial District
Medium Industrial District
Heavy Industrial District
Section 7. That Chapter 25.20 entitled "Residential Transition District" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
25.20.030 PERMITTED ACCESSORY USES.
(1) Accessory dwellings;
(2) Home occupations (see definition in Section 25.12.220);
(3) Ranch and farm buildings appurtenant to an agricultural use and agricultural uses
(limited), as defined in Section 25.12.040, except that the keeping of animals shall be permitted
on parcels consisting of at least 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; and
(4) Uses incidental and customary to a permitted use. (Ord. 3354 See. 2, 1999.);
(5) The keeping of dogs and cats provided such number of animals does not exceed three
dogs and three cats;
(6) For lots with a minimum of 5,000 square feet but less than 22,000 square feet and
containing only one single- family dwelling unit, the keeping of dogs, cats, rabbits, and chicken
hens, provided such number of animals does not exceed three dogs, and/or three cats, and/or
three rabbits and /or three chicken hens, the total number of animals not to exceed six; in all
cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed.
Structures related to rabbits and/or chicken hens, such as rabbit hutches and /or chicken coops,
must be at least ten (10) feet from any property line, may not exceed six (6) feet in height and
thirty (30) square feet in size, and must be located behind the rear line of the dwelling. Property
owners shall not allow such structures to become a nuisance due to noise or odor.
7 Family day care home in conformance with WAC 388 -73 as now existing and as
amended and PMC Chapter 25.66• and
8 Family home preschool in conformance with PMC Chapter 25.66.
Section 8. That Chapter 25.22 entitled "RS -20 Suburban District" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows;
25.22.030 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 18 feet and are no larger than 4-,2-W 1600 square feet in area. For each
additional-20,000 square feet of lot area the gross floor area of detached shops and garages can
be increased by 400 square feet. A greater heiglit may be a roved by s ecial ermit;
(2) Home occupations as defined in Section 25.12.220;
Ordinance Amending Title 25
Page 7 of 34
(3) Storage buildings cumulatively 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;
(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; and
(8) Accessory dwellingsi
(9) Family home preschool in conformance with PMC Chapter 25 66; and
M LUO For lots with a minimum of 5,000 square feet but less than 22,000 square feet
and containing only one single - family dwelling unit, the keeping of dogs, cats, rabbits, and
chicken hens, provided such number of animals does not exceed three dogs, and/or three cats,
and/or three rabbits and/or three chicken hens, the total number of animals not to exceed six; in
all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed.
25.22.040 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; 7 ��7��7 �_Y_
(5) biav4e niir- ..1,. el, eseheel, ehild- fniiir day ear-e, d hil --
7 eafe --
Day care centers and DrCschool centers;
(6) Agricultural use (commercial); and,
(7) Buildings in conjunction with an agricultural use (limited), provided the parcel
contains at least 5 acres and the building will not be used for the conduct or support of any
business activity; and
(8) Unclassified uses as listed in Section 25.86.020.
25.22.040 DEVELOPMENT STANDARDS. (1) Minimum lot area: Twenty
thousand (20,000) square feet;
(2) Density: One dwelling unit per lot, except as provide in 25.22.030 (8);
(3) Maximum Lot Coverage: Forty (40) percent;
(4) Minimum Yard Setbacks;
Ordinance Amending Title 25
Page 8 of 34
(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
setback shall be five (5) ten 10 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 25.75;
(7) Parking: See Chapter 25.78;
(8) Landscaping: See Chapter 25.75; and
(9) Residential Design Standards: See Chapter 25.70.085.
Section 9. That Chapter 25.24 entitled "RS -12 Suburban District" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
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 18 feet in height and 1,200 square feet in area. For each additional 12,000 square feet
of lot area, the gross floor area of detached shops and gara es can be increased by 260_square
feet. A gKeater height may be approved by special permit;
(2) Home occupations as defined in Section 25.12.220;
(3) Storage buildings cumulatively 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 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;
(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; -ate
(8) Accessory dwellingsi
OrdWance Amending Title 25
Page 9 of 34
(9) For lots with a minimum of 5,000 square feet but less than 22,000 square feet and
containing only one single - family dwelling unit, the keeping of dogs, cats, rabbits, and chicken
hens, provided such number of animals does not exceed three dogs, and/or three cats, and/or
three rabbits and /or three chicken hens, the total number of animals not to exceed six; in all
cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed=
and
(10) Family home preschool in conformance with PMC Chapter 25.66.
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) 7 pfeseheej, child ffiini day ear@,
Dgy care centers and preschool centers, aftd
(6) Agricultural use (commercial); aid
(7) Buildings in conjunction with an agricultural use (limited) provided the parcel
contains at least 5 acres and the building will not be used for the conduct or support of any
business activity; and
8 Unclassified uses as listed in Section 25.86.020.
Section 10. That Chapter 25.26 entitled "R -S -1 Suburban District" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
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 15 feet in height and 1,000 square feet in area; except on lots that are 12,000 square
feet or more the height may be increased by 3 feet and the area may increase by 200 square feet;
(2) Horne occupations as defined in Section 25.12.220;
(3) Storage buildings cumulatively 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 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;
OrdiDance Amending Title 25
Page 10 of 34
(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; and
(8) Accessory dwellingsy
(9) Family home preschool in conformance with PMC Chapter 25.66;
(-9)fL0j For lots with a minimum of 5,000 square feet but less than 22,000 square feet and
containing only one single - family dwelling unit, the keeping of dogs, cats, rabbits, and chicken
hens, provided such number of animals does not exceed three dogs, and/or three cats, and /or
three rabbits and /or three chicken hens, the total number of animals not to exceed six; in all
cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed.
25.26.040 CONDITIONAL USES. In addition to the uneassified 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) ,
Da care centers and preschool centers ftffd
(6) Agricultural use (commercial); and
7 Unclassified uses as listed in Section 25.86.020.
Section 11. That Chapter 25.28 entitled "R -1 Low Density Residential District" of the
Pasco Municipal Code shall be and hereby is amended and shall read as follows:
25.28.030 PERMITTED ACCESSORY USES. The following uses shall be
permitted as accessory to a permitted use in the R -1 low density residential district:
(1) Detached residential garages as defined in Section 25.12.200, provided they do
not exceed 15 feet in height and 1,000 square feet in area; except on lots that are 12,000 square
feet or more the height may be increased by 3 feet and the area may increase by 200 square feet;
(2) Home occupations, as defined by Section 25.12.220;
(3) Storage buildings cumulatively 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; end
(7) Accessory dwellings:i
Ordinance Amending Title 25
Page 11 of 34
(8) On lots with a minimum of 5,000 square feet and containing only one single -
family dwelling unit, the keeping of dogs, cats, rabbits, and chicken hens, provided such number
of animals does not exceed three dogs, and/or three cats, and/or three rabbits and /or three
chicken hens, the total number of animals not to exceed six; in all cases, animals shall not be
allowed to roam or fly to other properties; roosters are not allowed-.
;_and
(9) Family home preschool in conformance with PMC Chapter 25.66.
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;
(2) Public libraries, and municipal office buildings;
(3) Public and private schools, public parks and playgrounds;
(4) Fire department station houses; and
(5) s a
Day care centers and nreschool centers-, and
(6) Unclassified uses as listed in Section 25 86 020
Section 12. That Chapter 25.30 entitled "R -1 -A Low Density Residential Alternate
District" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows:
25.30.030 PERMITTED ACCESSORY USES. The following uses shall be
permitted as accessory to a permitted use in the R -1 -A 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 cumulatively 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;
(6) Family day care homes in conformance with WAC 388 -73 as now existing and as
amended and Chapter 25.66; aftd
(7) Accessory dwellings.. -,
(8) On lots with a minimum of 5,000 square feet and containing only one single -
family dwelling unit, the keeping of dogs, cats, rabbits, and chickens for personal use, provided
such number of animals does not exceed three dogs and /or three cats, and/or three rabbits, and/or
three chicken hens, the total number of animals not to exceed six; in all cases, animals shall not
be allowed to roam or fly to other properties; roosters are not allowed; and
9 Family home preschool in conformance with PMC Chapter 25.66.
Ordinance Amending Title 25
Page 12 of 34
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; and
(5) ,
Day care centers and preschool centers; and
6 Unclassified uses as listed in Section 25.86.020
Section 13. That Chapter 25.32 entitled "Low Density Residential AIternate District"
of the Pasco Municipal Code shall be and hereby is amended and shall read as follows:
25.32.030 PERMITTED ACCESSORY USES. The following uses shall be
permitted as accessory to a permitted use in the R -1 A2 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 cumulatively 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,i 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; aftd
(7) Accessory dwellings;
(8) On lots with a minimum of 5,000 square feet and containing only one single- family
dwelling unit, the keeping of dogs, and cats, rabbits, and chickens for personal use, provided
such number of animals does not exceed three dogs and /or three cats, and /or three rabbits, and/or
three chicken hens, the total number of animals not to exceed six; in all cases, animals shall not
be allowed to roam or fly to other properties; roosters are not allowed; and
Family home preschool in conformance with PMC Chapter 25.66.
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; and
Ordinance Amending Title 25
Page 13 of 34
(5) Pfiyate fffirsefy seheel, a end mini 'day ceafa -, and - -child i -
Day care centers an_ d preschool centers; and
6 Unclassified uses as listed in Section 25.86.020
Section 14. That Chapter 25.34 entitled "R -2 Medium Density Residential District" of
the Pasco Municipal Code shall be and hereby is amended and shall read as follows:
25.34.030 PERMITTED 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 cumulatively 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); a*d
Q Family ome preschool in conformance with PMC Chapter 25.66;
(7}_ U8 Accessory dwellings in single family homes; and
(4) fD On lots with a minimum of 5,000 square feet and containing only one single -
family dwelling unit, the keeping of up to three rabbits or three chicken hens for personal use,
provided the total number of animals (including dogs, cats, rabbits, and chicken hens) does not
exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters
are not allowed;_
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; and
(5) ,
Dqy care centers and preschool centers; and
(6) Unclassified uses as listed in Section 25 86 020
25.34.050 DEVELOPMENT STANDARDS.
(1) Minimum lot area: Five thousand (5,000) square feet;
(2) One single family dwelling shall be permitted per lot. Multiple dwellings shall be
Permitted based on the density standards in Section 25.34.050 3
Ordinance Amending Title 25
Page 14 of 34
(2) (3) Density: One dwelling per 5,000 square feet of lot area except as provided in
25.34.030 {8);
(3) f4l Maximum Lot Coverage: Forty (40) percent;
(4) tQ 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
setback shall be five (5) feet.
(-5) (6 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 25.75;
(7) Parking: See Chapter 25.78;
(8) L9� Landscaping: See Chapter 25.75; and
(9) LUO Residential Design Standards: See Chapter 25.70.085.
Section 15. That Chapter 25.36 entitled "R -3 Medium Density Residential District" of
the Pasco Municipal Code shall be and hereby is amended and shall read as follows:
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 cumulatively 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);
and
Family home preschool in conformance with PMC Chapter 25.66,
M Accessory dwellings in single family homes
(8-) fD On lots with a minimum of 5,000 square feet and containing only one single -
family dwelling unit, the keeping of up to three rabbits or three chicken hens for personal use,
provided the total number of animals (including dogs, cats, rabbits, and chicken hens) does not
exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters
are not allowed;
Ordinance Amending Title 25
Page; 15 of 34
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:
(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; and
(5)
Day care centers and preschool centers; and
) Unclassified uses as listed in Section 25.86.020
25.36.050 DEVELOMENT STANDARDS.
(1) Minimum lot area: Five thousand (5,000) square feet;
(2 ) One single family dwelling shall be permitted per lot Multiple dwellings shall be
permitted based on the density standards in Section 25.36;050(3);
{24(D 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;
(-34(41 Maximum Lot Coverage: Sixty (60) percent;
(4)(51 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
setback shall be five (5) feet.
(5)ko 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)Q Fences and hedges: See Chapter 25.75;
(7)M Parking: See Chapter 25.78; and
(x)09 Landscaping; See Chapter 25.75;
(9) 10 Residential Design Standards: See Chapter 25.70.085.
Section 16. That Chapter 25.38 entitled "R -4 High Density Residential District" of the
Pasco Municipal Code shall be and hereby is amended and shall read as follows:
25.38.030 PERMITTED ACCESSORY USES. The following uses shall be
permitted as accessory to a permitted use in the R -4 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;
Ordinance Amending Title 25
Page 16 of 34
(3) Storage buildings cumulatively 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);
and
Family home preschool in conformance with PMC Chapter 25.66;
L8) Accessory dwellings in single family homes; and
(-&) n On lots with a minimum of 5,000 square feet and containing only one single -
family dwelling unit, the keeping of up to three rabbits or three chicken hens for personal use,
provided the total number of animals (including dogs, cats, rabbits, and chicken hens) does not
exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters
are not allowed.
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:
(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; and
(5)
Day care centers and preschool centers; and
6 Unclassified uses as listed in Section 25.86.020.
25.38.050 DEVELOPMENT STANDARDS.
(1) Minimum lot area: Five thousand (5,000) square feet;
(2 ) One single family welling shall be permitted ep r lot Multiple dwellings shall be
permitted based on the density standards in Section 25.38.050(3);
(2)M 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-)L41 Lot Coverage: Sixty (60) percent;
(4) 5 Minimum Yard Setbacks:
(a) Front: Twenty (20) feet.
(b) Side: Five (5) feet.
(c) bear: 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
setback shall be five (5) feet.
Ordinance Ainending Title 25
Page 17 of 34
(-54(6) 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)(D Fences and hedges: See Chapter 25.75;
(-7)M Parking: See Chapter 25.78; and
(-9)L91 Landscaping: See Chapter 25.75;
{9) 10 Residential Design Standards: See Chapter 25.70.085.
Section 17. That Chapter 25.41 entitled "Office District" of the Pasco Municipal Code
shall be and hereby is amended and shall read as follows:
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) ,
Dqy care centers and DreSchool centers;-and
(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.-, and
5 Unclassified uses as listed in Section 25.86.020
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. there shall be provided a setback equal in width or depth to
that required in the residential district.
(b) Side: Five (5) feet except where adjoining a residential district in which case
25 7n 030 .,�,.,,.i pfevail there shall be provided a setback equal in width or dgpth to that
required in the residential district.
(e) Rear: None required, except where adjoining a residential district in which
case 25.74.030 "i p -eyai there shall be provided a setback equal in width or depth to
that required in the residential district.
(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 25.75;
(6) Parking: See Chapter 25.78; and
(7) Landscaping: See Chapter 25.75.
Ordinance Amending Title 25
Page 18 of 34
Section 18. That Chapter 25.42 entitled "C -1 Retail Business District" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
25.42.020 PERMITTED USES. The following uses shall be permitted in the C -1
district;
(1) All uses permitted in the `O' Office district;
(1 } Auto Detail Shops;
f24 3M1 Banks;
(3-)f4 j Dancing schools;
(4)1 Hotels and motels;
(-S) 6 Printing shops;
(0Q Restaurants;
(,7}M Stores and shops for the conduct of retail business;
(8)(21 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,
0) Shoe repair shops;
Upholstga shops.
MMO Sign shops, commercial (no outdoor storage of materials);
"L111 "LL11 Theaters;
"L12 Veterinarian clinics for household pets (no boarding or outdoor treatment
facilities);
(12) UPYhOlSteFsheps affd
(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.-; and
14 Carwashes provided they are located more than 300 feet from a residential
district.
Ordinance Amending Title 25
Page 19 of 34
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) Mini- storage facilities defined under 25.12.310; and
(5) Wineries defined under 25.12.480.; and
C6,), Dance halls and nightclubs.
Section 19. That Chapter 25.44 entitled "G2 Central Business District" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
25.44.030 PERMITTED ACCESSORY USES. The following accessory uses and
buildings, as respectively defined in Sections 12.12. 25.12.020 and 12.12.145 25.12.115,
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; and
(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.
(6) Storage buildings; excluding container storage, as defined in Section 25.12.430
are permitted.
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 25.44.020.
Unclassified uses per Section 25.86.020
Ordinance Amending Title 25
Page 20 of 34
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 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, nightclubs and similar places;
(9) Adult theaters, adult bookstores, tattoo parlors, bathhouses and massage parlors;
(10) Community service facilities level two
(11) Secondhand dealers. Similar or like uses although not specifically listed are also
prohibited; and
(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 25.7 4.030 shall prevail. there shall be provided a setback equal in width or
depth to that required in the residential district.
(b) Side: None required except where adjoining a residential district in which
case 25.74.030 sha4 prevail. there shall be provided a setback equal in width or depth to
that required in the residential district.
(c) Rear: None required except where adjoining a residential district in which
case 25.74.030 shall p -evai , there shall bg rovided a setback equal in width or d th to
that required in the residential district.
(4) Maximum building height:
Ordinance Amending Title 25
Page 21 of 34
permit. (a) Forty -five (45) feet. except a greater height may be approved by special
(5) Fences and hedges: See Chapter 25.75;
(6) Parking: None required; and
(7) Landscaping: None required except as provided in 25.75.
Section 20. That Chapter 25.46 entitled "C -3 General Business District" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
25.46.020 PERMITTED USES. The following uses shall be permitted in the C -3
district:
(1) All uses permitted in the C -1/ C -2 districts;
(2) Service stations;
(3) Laundry;
(4) Express effiee Trucking, express and storage yards,
(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); and
(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).
(14) Contractor's plant or storage yard provided such plant or yard is more than 300
feet from a residential district.
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 oversight holding of animals occurs indoors;
(2) Auto body shops; e.*d
(3) Parking lots:;
(4) Contractor's plant or storage yard within 300 feet of a residential district.; and
5 Unclassified uses.
Section 21. That Chapter 25.48 entitled "CR Regional Commercial District" of the
Pasco Municipal Code shall be and hereby is amended and shall read as follows:
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:
Ordinance Amending Title 25
Page 22 of 34
(a) Front: 15 feet. One hundred percent of the front setback shall be
landscaped in accordance with Chapter 25.75.
(b) Side: None required except where adjoining a residential district in
which case 25.7T 030. shall prevail. there shall be provided a setback equal in width or
d th to that required in the residential district.
(c) Rear: None required except where adjoining a residential district in which
case 2524.030 sM1 prre ail. there shall be provided a setback equal in width or dept to
that required in the adjacent residential district
(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 25.75;
(6) Parking: See Chapter 25.78; and
(7) Landscaping: See Chapter 25.75.
Section 22. That Chapter 25.50 entitled "BP Business Park District" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
25.50.040 CONDITIONAL, USES. The following uses are permitted subject to the
approval of a special permit:
(1) Business, professional, technical and trade schools; and
(2) Recreational areas and facilities -; and
(3)_ Unclassified uses.
Section 23. That Chapter 25.52 entitled "I -1 Light Industrial District" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
25.52.020 PERMITTED USES. Uses permitted in the 1 -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;
vu.avua vviatr ,
(6) Laboratories, experimental;
(7) Automotive assembly and repair;
(8) Kennels;
(.8)n Creamery, bottling, ice manufacture and cold storage plant;
M 10 Blacksmith, welding or other metal shops, excluding punch presses over twenty
tons rated capacity, drop hammers, and the like;
(-4.9411 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;
"(U2 Printing plant; and
42�(L3� 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).
Ordinance Amending Title 25
Page 23 of 34
Section 24. That Chapter 25.66 entitled "Home Occupations" of the Pasco Municipal
Code shall be and hereby is amended and shall read as follows:
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;
(2) Not involve modification of the property or exterior of its structures that indicates
other than residential uses of the premises;
(3) Is performcd 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, exc t for private
tutoring or instruction for 4 or fewer students per 24 -hour eriod;
(10) No more than 68 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.
2.5.66.060 APPEAL. Any An appeal of the City Planner's decision to deny a home
occupation shall be reviewed by the
Hearing Examiner in accordance with Sections 2.19.090 through 2.19.110. Appeals may only be
filed by the applicant.
Ordinance Amending Title 25
Page 24 of 34
Section 25. That Chapter 25.68 entitled "Density Increase" of the Pasco Municipal
Code shall be and hereby is amended and shall read as follows:
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, and R -3 afid -4 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, 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. —ate
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five squar-e f� per- dwelling unit te efte that�saad &�e htmdfed square fi�et pef dwelling-affit-.
Section 26. That Chapter 25.70 entitled "Use Regulations" of the Pasco Municipal
Code shall be and hereby is amended and shall read as follows:
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
following 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 caretaker's residence is within a commercial or industrial area with less than forty
percent (40%) of parcels within the surrounding vicinity, defined as „a 300 ft. radius from the site,
being developed. The term. "developed" shall mean a parcel containing at least one permitted
structure or land use with a current Cit y of Pasco Business License;
Qj The residential structure , to ine'tWe fte e fy assembled hofnes limited to motor homes
travel trailers or truck campers, will be located on a parcel at least two times the size of the
caretaker's residence;
straettffes-. 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.
permit shall autematically be extended f f en ; and
J51 The special -permit shall be reviewed by the Planning Commission biennially to
determine if the surrounding vicinity within a 300 foot radius is at least 40% developed. If the
Ordinance Amending Title 25
Page 25 of 34
area is at least 40% developed, the caretaker's residence shall be rem_ oved from the site within
one year of the review date.
25.70.085 RESIDENTIAL DESIGN STANDARDS.
(1) DESIGN STANDARDS. Except for multi - family structures the following design standards
shall apply to all newly constructed or newly placed dwellings in RT, R -S -20, R -S -12, R -S -1, R-
1, R -2, R -3 and the R -4 Districts:
Oa The main entry doors of all dwellings must face the street on which the dwelling
is addressed;
Q?J A minimum of 30 (thirty) square feet of glazing must be on the portion of the
dwelling facing the street. Dwellings with less than 32 square feet of glazing must contain
covered porches with a minimum of a four -foot overhang;
U All entry porches /landing areas must be constructed as an integral part of the
dwelling architecture;
ko The main roof of all dwellings shall have a minimum 5112 pitch; except dwellings
with less than a 5112 pitch legally established as of the effective date of this ordinance shall be
permitted to be rebuilt, altered, enlarged or remodeled without the roof being changed to a 5112
pitch;
Ue A14 Eave overhangs are required and shall be a minimum of 12 inches;
LfJ Dwellings with 4112 pitch roofs may be permitted provided the main roof includes
one or more secondary roofs intersecting the main roof at right angles. The secondary roof must
have a pitch of 5/12 or greater;
W No false or artificial dormers are permitted;
1i All foundation walls must be poured concrete or masonry block;
Q All dwellings must be permanently connected to foundations, and must meet
seismic and wind loading standards for Franklin County, Washington;
No more than 12 inches of foundation wall can be exposed on the walls facing a
street;
All siding must be durable materials, such as brick, masonry, stucco, vinyl,
exterior -grade wood, or exterior grade composites, each with a lifespan of at least 20 years under
normal conditions;
fl All siding must extend below the top of the foundation 1 'l2 to 2 inches. A bottom
trim board does not qualify as siding and cannot be used to cover the top of the foundation;
Lm
All trim materials around windows, doors, corners, and other areas of the
dwelling, must be cedar or other City approved materials that are not subject to deterioration;
Ln) All electric meters must be securely attached to an exterior side wall of the
dwelling. Meters are not permitted to face the street upon which the dwelling is addressed;
Lol All additions and /or other architectural features must be designed and
permanently connected to the dwelling so as to be an integral part of the dwelling;
fl Primary driveways shall terminate into an architecturally integrated garage or
carport. No parking pad is permitted in front of a dwelling unless such pad leads to a garage or
carport;
c At least one required off - street parking space must be located behind the front
building setback line of the dwelling.
Ordinance Amending Title 25
Page 26 of 34
(2) EXCEPTIONS. Exceptions to the design standards may be LTanted through the special
Permit process based upon review of the criteria listed in PMC 25.86.060.
25.70.110 NATURAL RESOURCE USES.
(1) MINERAL EXTRACTION. Mineral extraction, quarrying, rock crushing or related
activities such as a ba*^har 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. A reclamation
bond or surety may be required.
U
c) Concrete and asphalt batch lants may be located in the 1 -2 Medium
Industrial) zone by pecial permit and are permitted uses in the I -3 (Heavy .._ Industrial}
zone.
25.70.145 TEMPORARY STRUCTURES. Temporary structures which may include a motor
home travel trailer or truck camper, may be permitted administratively by the Community and
Economic Development Director in all commercial and industrial districts when it can be found:
(1) The structure is needed to provide temporary housing for an existing licensed
business that is being remodeled to such an extent that the existing business structure would be
unsafe or unhealthy to occupy.
(2) The structure is needed to provide temporary housing for an existing licensed
business that is be reconstructed after damage by fire or other causes.
3 The structure is needed to provide security for a site during construction or
remodeling .
Temporary structures permitted under this section shall not be required to comply with the
special permit process as identified in Section 25.86.030. Temporary structures permitted under
this section must, however, be located on the same property as the structure that was damaged.,
and is being remodeled, or repaired or constructed. A temporary structure permitted under this
section must also be located so as not to create a nuisance or hazard for adjoining properties and
the community in general.
In granting approval of a temporary structure under the provisions of this section, the
Community and Economic Development Director may impose conditions necessary to minimize
adverse impacts.
Temporary structures permitted under this section must be promptly removed within 30 days of
theme inspee fi ,n e issuance of a certificate of occupancy for the remodel., of repair work or
Ordinance Amending Title 25
Page 27 of 34
construction and shall not remain on -site for more than 180 days. A renewal period extending
this timeframe may be approved by the Community and Economic Development Director.
Section 27. That Chapter 25.74 entitled "Site Design Standards" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
25.74.040 BUILDING HEIGHT& EXCEPTIONS. The building iv igms r-estfietion shall.
7 eafiditions i1i the 9 3 Zolie.,
(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 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,
Section 28. That Chapter 25.75 entitled "Landscaping and Screening" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
25.75.050(3) DESIGN STANDARDS.
(3) Commercial and Industrial Districts,
A The first 10 feet of all commercial and industrial property abutting an arterial street
and the first 5 feet of all commercial and industrial -property abutting a local access street shall be
treated with landscaping at the time the property is developed. No less than 65 percent of the
landscaped area must be treated with live veizetation at the time of Rlantin
W Bpi In addition to the requirements contained in this chapter and unless specified
otherwise in Chapter 25.5850, commercial and industrial zoned properties adjacent to
properties in less intense zoning districts shall have a 10 foot landscape buffer on the side
immediately adjacent to less intense zoning districts. The landscaped buffer shall meet the
following standards:
standards:
(1) Live vegetation within the landscape buffer shall be planted with a mix of evergreen
and deciduous trees and shrubs interspersed throughout the landscape buffer;
(2) The live vegetation shall consist of 40 percent evergreen trees.
(3) Trees shall be provided at a minimum rate of one tree for every 20 linear feet of
property line and spaced no more than 30 feet on center spacing along each property
line, unless planted in groupings of 3 trees, with groupings spaced no more than 50
feet on center along each property line;
(4) Shrubs shall be provided at a minimum rate of 1 per 8 linear feet of property line and
spaced no more than 16 feet apart on center;
(5) Parking lots located adjacent to properties in less intense zoning districts require 100
percent of the landscape buffer to be planted with live vegetation.
Ordinance Amending Title 25
Page 28 of 34
25.75.070 PARKING LOT LANDSCAPING.
(1) The width of parking lot buffers shall be dependent upon the 16eafien of the parking lot in
as follows:
(a) Parking lots adjacent to arterial streets shall have a
minimum buffer of 10 feet between the parking lot and the property line.
(b) Parking lots between the �, t,,,;, adjacent to local access streets and alleys shall
have a minimum buffer of 5 feet between the parking lot and the property line.
(2) Interior parking area landscaping shall be provided within all parking lots with 10 or
more parking stalls for the purpose of reducing surface water runoff, providing shade, and
diminishing the visual impacts of large paved areas. All other required buffers and setbacks shall
not count toward the interior parking lot landscaping requirements. Parking lots within Industrial
districts shall be excluded from any interior parking lot landscape requirement.
(a) All developments shall provide interior parking landscape areas at the following
rates:
(1) If parking lots have 10 to 30 parking stalls, then 20 square feet of interior
parking landscape per parking stall shall be provided.
(2) If parking lots have 31 to 50 parking stalls, then 25 square feet of interior
parking landscape per parking stall shall he provided.
(3) If parking lots have 51 or more parking stalls, then 30 square feet of interior
parking landscape per parking stall shall be provided.
(b) Interior parking lot landscape areas distributed as planting islands or strips shall have
an area of at least 100 square feet and with a narrow dimension of no less than 5 feet in
any direction.
(c) Priority for location of interior parking lot landscaping shall be:
(1) First at the interior ends of each parking bay in a multiple lane parking area.
This area shall be at least 5 feet wide and shall extend the length of the adjacent
parking stall. This area shall contain at least one tree.
(2) Second with the remainder required square footage of landscape area being
equally distributed throughout the interior of the parking lot either as islands
between stalls or landscape strips between the two rows of a parking bay or along
the perimeter of the parking lot. Interior landscape islands shall be at least 5 feet
wide and shall extend the length of the adjacent parking stalls. Landscape strips
must be a minimum 5 feet wide.
(d) Up to 100 percent of the trees required for the interior parking lot landscape may be
deciduous.
(3) All parking lot buffers and interior parking lot landscape areas shall be treated with a
variety of landscape elements with no less than 65 percent of said landscaped areas treated with
live vegetation at the time of planting.
(4) Landscaped areas and buffers must be adequately protected from damage by vehicles
through the use of a permanent curbing.
(5) Parking lots and the accompanying landscaping shall be configured so that no parking
stall shall be located more than 75 feet from the edge of any interior parking lot landscape area.
(6) One tree shall be provided for every six (1:6) parking spaces.
(7) Trees shall be evenly distributed throughout the interior parking lot landscape.
(8) For all parking lots that contain greater than 400 parking stalls pedestrian walkways shall
be provided as follows:
Ordinance Amending Title 25
Page 29 of 34
(a) Pedestrian walkways within parking areas shall provide a distinct linkage between a
main entrance to the building and a concentration of vehicle parking stalls.
(b) A minimum 5 foot wide, pedestrian connection shall be clearly defined in a
combination of 2 or more of the following ways (except walkways crossing vehicular
travel lanes)
(1) a 6 inch vertical curb in combination with a raised walkway.
(2) a trellis, special railing, bollards, and/or other architectural features to accent
the walkway between parking bays.
(3) special paving, such as concrete, or contrasting surfacing, in an asphalt area.
(4) a continuous landscape area minimum of 4 feet wide shall be provided on at
least one side of the walkway.
Section 29. That Chapter 25.78 entitled "Landscaping and Screening" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
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,x 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 public of the availability of use, and spaces shall not be assigned, allocated or reserved
between ese and uses, a notarized and recorded Parking a eement shall be required for shared
parking between two or more separate tax parcels under separate ownership
(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.
25.78.100 SPECIAL EVENT PARKING. (1) Special event parking lots used on an
infrequent basis such as those associated with seasonal play fields and the Edgar- Br-ewa Stadium
shall be exempt from provisions of this chapter except subsection 25.78.090 (7).
25.78.110 HANDICAPPED PARKING. Handicapped parking shall be designed and
provided for in accordance with the International Building Code as adopted, RCW 19.27. and
Chapter 51 -10 WAC Section 7508.
Ordinance Amending Title 25
Page 30 of 34
Section 30. That Chapter 25.86 entitled "Special Permits" of the Pasco Municipal
Code shall be and hereby is amended and shall read as follows:
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 adjacent uses, uses within
the vicinity and the infrastructure which would serve there. 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) Churches;
(4) Community service facilities, as defined in Sections 25.12.155 and 25.12.156;
(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) Golf courses, pitch and putt courses, miniature golf courses, water parks, sports
complexes, riding stables, and similar facilities for public, private or membership use;
(7) Monasteries, convents or other functionally similar facilities;
Mines, quaffies a-ad gravel pits;
(9) f§J Landfills, garbage dumps, and resource recovery facilities;
{O)U 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,
Electrical substations and load transfer stations, natural gas booster stations, and
other similar utility facilities;
kl-2)0_11 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; and
{L U221 Agricultural use (commercial) except in areas 1,000 feet from a residential
zoning district, subdivision or dwelling unit.
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 or a combination of adjoining tracts of land eve ten acres or more in size within
1,000 feet of a residential zoning district, subdivision or a dwelling unit excluding
dwellings associated with agriculture uses.
Ordinance Amending Title 25
Page 31 of 34
(b) The applicant for a special permit shall be required to submit a conservation plan
approved by the Farm Service Agency,
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) fieate of ownership 11 2�ist of owiie�b�Ln x� f „ ,,
��arit \ of :Y
s
eemp&qy The ro ert owner's notarized si nature acknowledging the application; and
(6) Any other pertinent information that may be necessary to determine if the use
meets the requirements of this Title.
25.86.065 SUPPLEMENTAL FINDINGS OF FACT AND CONCLUSIONS BY
PLANNING COMMISSION FOR SHOPS /GARAGES. In addition to making and enterin
conclusions from the record forspecial Dermits based on the criteria in 25.86.0160 the Planning
Commission shall consider the following for special permits dealing with increased heights for
detached shops and ara es:
(1) Will the shy/ /garage match the principle structure in design and exterior
treatments such as roofing materials siding, color, window and door openings, eave overhangs,
fenestrations and other architectural features;
2 Will the existing topogra phy and elevation of the site and surrounding property
exacerbate or attenuate the height of the proposed shop/garage;
3 Will the proposal include landscgping landscaping features or berms to ameliorate the height
of the shop/ garage,
4 Will the shop/garage be erected on the pronerty utilizing minimum setbacks;
(5) Is the site larger than the minimum lot size requirement for the zoning district'
25.86.110 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 facilities within sere ef€eetire date efthe speei1pe=nt the time
period specified in the gnproved s ecial 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,
Ordinance Amending Title 25
Page 32 of 34
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 ti-i ee extensien of a speeial i The City
Council may be granted a one -time extension without a public hearing provided the extension
does not exceed six months and an application for extension is submitted to the City Planner no
later than thirty days prior to the expiration date of the special permit. This provision does
not apply to temporary special permits.
Section 32. That Chapter 25.88 entitled "Amendments and Rezoning" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
25.88.020 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 notarized
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 an open record hearing on the reclassification of a parcel or parcels of
property.
(c) The Planning Commission may initiate an 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 an 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.
(b) The Planning Commission may initiate an 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. A petition to amend the text does not obligate the
City Council to follow through with the petitioned 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
Ordinance Amending Title 25
Page 33 of 34
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.
PASSED by the City Council of the City of Pasco, Washington, and approved as provided by
law this day of 12013.
Matt Watkins, Mayor
ATTEST:
Debbie Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
Ordinance Amending Title 25
Page 34 of 34
MEMORANDUM
DATE: May 16, 2013
TO: Planning Commission
FROM: Dave McDonald, City Planner
SUBJECT: Accessory Structure Heights (MF# CA2013 -OQ31
On January 1st of this year the City annexed 608 acres of land located in West
Pasco (Riverview Annexation Area # 2) generally between Road 68 and Road 52
south of the FCID Canal and north of Sylvester Street. Over 500 dwelling units
were included in this area. Much of the annexation area is developed with low -
density single - family homes on large suburban lots. The area was zoned mostly
RS -20 following the annexation in an effort to protect the suburban nature of
the area. Due to the size of the properties and suburban nature of the area it is
not uncommon to find properties with large detached garages and shops.
The current City zoning standards limit detached garages /shops heights to 18
feet and in no case can a shop be built higher than the house it shares a lot
with. If a shop is to be built on a lot with a house that is only 14 feet tall the
shop height will be limited to 14 feet. The County zoning standards also permit
detached garages / shops to a height of 18 feet. There is no limit based on the
height of the house. Additionally, the County permits a height greater than 18
feet through the approval of a special permit.
Several inquiries have been made by recently annexed property owners on what
options are available to allow a shop to be taller than the 18 foot limitation.
Currently the only means of exceeding the accessory building height limit is to
attach the shop/ garage to a house making the garage part of the house thereby
eliminating the height restriction. The overall height limitation within the
zoning district still applies. Most people do not review this as an option
because it adds expense to the project or requires modification to their home.
The purpose for the shop height limitation was to protect the integrity and
nature of single - family zoning districts. Residential zoning districts are the
most restrictive zoning districts in the city and are designed to protect the
value of property. Single- family dwellings are the principle or primary uses
permitted on low - density or suburban lots. The dwelling must be the
prominent feature on a lot. Accessory buildings are subordinate to the
principle use. Permitting shops to be taller or large than a house on the same
1
lot causes the shop to be the dominate feature turning the intent of the zoning
regulations upside down.
The height limitations on accessory structures was placed in the code as a
result of homeowner complaints about tall and over bearing garage /shop built
in neighboring back yards. The neighbors perceived large garages as a
detriment to the character and value of their residential neighborhood. This
reaction is not uncommon. As the Planning Commission will recall early last
year a property owner submitted a letter of complaint to the Planning Office
about the height and size of a shop /garage that was constructed on the lot
behind his house. The large shop was viewed as something obnoxious and
"reminiscent of an industrial complex, not a residential neighborhood ".
The problem with the excessively large garages/ shops is more acute in
neighborhoods with smaller lots. The scale and bulk of a large garage in
relationship to a small lot makes the garage overbearing and decreases the
aesthetic appeal of a neighborhood. The open feeling one expects to find in a
residential neighborhood is diminished by the large garages. Permitting the
construction of these oversized accessory structures is counter to the purposes
of the zoning ordinance. The zoning ordinance was enacted to provide open
space for light and air and to prevent the overcrowding of land. It is not
uncommon for staff to receive complaints about the size and height of garages
and shop in RS -12 zones. The complaint about the garage discussed in the
paragraph above was from a neighborhood with 12,000 square foot lots. The
issues of architectural scale and bulk become less of a concern as the size of
lots increase. Larger lots afford greater distances between houses and
accessory buildings eliminating some of the aesthetic problems experienced
with the smaller lots including, 12,000 square foot lots.
In addition to inquiries made to staff about how to build shops beyond the 18
foot limit the City Council has also received similar inquires. As a result the
Planning Commission is again being asked to review the matter.
In reviewing this matter the Planning Commission may want to consider the
following:
• Do nothing and keep the height limitation in place.
• Increase the height limit but keep it under the maximum allowed in the
district.
• Allow a greater height if a larger setback is provided.
• Allow a greater height if the lot exceeds a certain square footage.
• Allow an increase in height only through the Special Permit review
process.
z
This matter has been scheduled for a public hearing on May 16th. While the
Special Permit process may be the simplest option to pursue, other options
listed above may also have some merit. Staff is recommending the scheduled
public hearing be opened and treated more like a workshop to provide staff
with some direction to assist with preparing a code amendment. The hearing
could then be continued until the June meeting at which time a code
amendment could be considered.
3
MEMORANDUM
DATE: June 20, 2013
TO: Planning Commission
FROM: Dave McDonald, City Planner
SUBJECT: Accesso Structure Hei hts MF# CA2013 -003
At the regular meeting on May 16th the Planning Commission held a
combination workshop/ hearing to discuss the issue of accessory structure
heights (see attached Memorandum for additional background) in RS -20 zones.
During the May 16th meeting the Planning Commission considered the
following options for addressing the accessory structure height questions:
• Do nothing and keep the height limitation in place.
• Increase the height limit but keep it under the maximum allowed in the
district.
• Allow a greater height if a larger setback is provided.
• Allow a greater height if the lot exceeds a certain square footage.
• Allow an increase in height only through the Special Permit review
process.
Following discussion on this matter the Planning Commission was in favor of
utilizing the special permit process for responding to property owners who
wanted to build shops and garages taller than the permitted 18 feet. The
County utilizes the special permit process for permitting shops and garages
with heights greater than 18 feet. Using the same process in the City would
create greater consistency for development regulations between the City and
County.
The proposed ordinance attached hereto provides for the special permit review
as suggested by the Planning Commission and also creates an additional list of
review items to assist with developing conclusions and conditions necessary for
approving greater building heights for accessory structures.
FINDINGS
1) The City annexed 608 acres of Riverview on January 1, 2013.
2) Approximately 1,400 acres of Riverview remain in the County but are
located within the Pasco Urban Growth Boundary.
3) The Riverview Annexation Area # 2 was primarily zoned RS -20 to
preserve the development patterns of the area.
4) Large shops and detached garages are a customarily found within the
Riverview area and on large lots within the City.
5) The current zoning regulations limit the height of shops and detached
garages to 18 feet.
6) County zoning regulations permit shops and detached garages to be over
18 feet high provided a special permit has been granted.
7) The Growth Management Act encourages consistency between City and
County development regulations within the Urban Growth Boundary.
RECOMMENDATION
MOTION: I move the Planning Commission adopt the findings of
fact as contained in the June 20, 2013 staff memo on Code
Amendments for PMC Chapter 25.58.
MOTION: I move the Planning Commission recommend the City
Council adopt the proposed Code Amendments modifying PMC
Chapters 25.22, PMC 25.24 and PMC 25.86 as attached to the June
20, 2010 staff memo to the Planning Commission.
2
AGENDA REPORT
FOR: City Council
TO: Gary Crutchfi anager
Rick White, D rec or i
Community & Economic Development �.
FROM: Mitch Nickolds, Inspection Services Manager
SUBJECT: 2102 Legislative Amendments to the State Building and Energy Codes
I. REFERENCE(S):
I. Proposed Ordinance
11. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATION:
7 /8: DISCUSSION
July 3, 2013
Workshop: 718/13
Regular: 7115113
7/15: MOTION: I move to adopt Ordinance No. , amending Title 16 of the Pasco
Municipal Code regarding the adoption of the Washington State Building
Code and certain International and Uniform Building Codes, adding an
inspection fee and modifying provisions for permitting impervious surfaces
in residential districts, and further, authorize publication by summary only.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. The Washington State Building Code Council has established new regulations pertaining to
building, energy, air quality, plumbing and mechanical construction, installation, safety and
standards within the State. These regulations and standards are authorized by R.C.W 19,27 and
W.A.C. 51 -30, 51 -34 and 51 -35. The amendments are designed to address specific regional issues
and enhance uniform building construction codes and standards used by most jurisdictions within
the state.
B. The City of Pasco initially adopted the State Building Code in 1998. The amendment process
occurs every 3 years in response to State revisions.
C. The majority of the amendments revise the referenced adoption dates and section numbers related to
various chapters of the International Building Code.
D. Staff is proposing the adoption of a new code section (16.04.045) which will establish a fee for
incidental building and fire code inspections not related to issued and active building permits. The
proposed inspection fee is equal to the minimum fee currently charged for a building permit valued
at $10,000 or less ($50). As an example, a person requesting a building and fire safety inspection
would pay a fee of $50, and upon completion of the inspection would receive an inspection form
listing the items inspected and any corrective actions needed. The majority of these requests are
from lending or insurance institutions and involve commercial or industrial properties.
E. Staff is proposing modification to clarify PMC 16.05.040, which currently exempts installation of
impervious surfaces in rear and side yards from City permits. Existing City ordinances require all
. impervious surfaces to drain away from the residence and not across the property boundary or into
the foundation vents, crawl space or basement. As such, proposed construction of impervious
surfaces for existing residences must be reviewed, permitted and inspected for verification of
placement and drainage prior to pouring concrete. It is not uncommon to receive complaints from a.
new homeowner or an adjacent neighbor that unpermitted flatwork has been installed so as to drain
water into foundation vents or across property lines.
V. DISCUSSION:
A. Pasco, Kennewick and Richland and most jurisdictions in the state adopt the State Building and
Energy Codes in lieu of adopting their own building code. Adoption of the State Building Code
with minimal revisions establishes consistent and reliable standards for the construction industry.
a(c)
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON
AMENDING TITLE 16 OF THE PASCO MUNICIPAL CODE, REGARDING
THE ADOPTION OF THE WASHINGTON STATE BUILDING CODE AND
INTERNATIONAL AND UNIFORM BUILDING CODES.
WHEREAS, for the purpose of enforcing the regulations of the City of Pasco, to require
compliance with accepted building construction, improvement, modification and safety
standards, procedures and practices it is necessary to amend Title 16 of the Pasco Municipal
Code.
WHEREAS, the State of Washington revised the State Building Code regulations
governing the construction, improvement, modification and safety of buildings; and,
WHEREAS, revisions and modifications to the State Building Code require that the City
amend Title 16 of the Pasco Municipal Code to adopt said revised building law and regulation;
and, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO HEREBY
ORDAIN AS FOLLOWS:
Section 1. That Chapter 16.04 of the Pasco Municipal Code be and the same is hereby
amended to read as follows:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS:
Section 1. That Title 16.04 of the Pasco Municipal Code be and the same is hereby
amended to read as follows:
CHAPTER 16.04 BUILDING CODE
Sections:
16.04.010 ADOPTION OF STATE BUILDING CODE, INTERNATIONAL BUILDING AND
RESIDENTIAL CODES, CERTAIN APPENDICES AND STANDARDS
16.04.011 BUILDING OFFICIAL- BUILDING INSPECTOR
16.04.012 NON- COMBUSTIBLE MATERIALS REQUIRED
16.04.020 SUBSTITUTION FOR IBC SECTION 113
16.04.025 DELETION OF IBC SUBSECTIONS
16.04.035 ADDITION OF IBC SECTION 109.2.1
16.04.040 FEE SCHEDULE
16.04.045 BUILDING INSPECTION FEE
16.04.050 AMENDMENT OF IBC SECTION 110.1
16.04.060 AMENDMENT OF IBC SECTION 110.5
16.04.070 ADDITION OF IBC SECTION 110'.6
16.04.080 ELIGIBILITY FOR PERMANENT CITY - PROVIDED UTILITY SERVICES
16.04.090 ADDITION OF IBC SECTION 110.7
16.04.130 AMENDMENT OF SECTION 403.1
16.04.210 AMENDMENT OF IBC SECTION 1805.1
16.04.240 AMENDMENT OF IBC SECTION 1209.2
16.04.280 REPEALED
16.04.295 UNDER FLOOR VENTILATION VIOLATIONS- PENALTIES
16.04.010 ADOPTION OF STATE BUILDING CODE, INTERNATIONAL BUILDING
CODE AND STANDARDS. The City of Pasco hereby adopts the State Building code (RCW
19.27) as thereinafter amended by the Washington State Building Code Council published as
Chapter 51 -30, Washington Administrative Code, and all provisions thereof applying
throughout Title 16 of the Pasco Municipal Code, and adopts by reference, the 2449 2012
International Building Code and Appendices H, I and J thereof, International Building Code
Standards, International Existing Building Code, International Residential Code and Appendix J
thereof as published by the International Code Council as thereinafter amended, and all buildings
hereinafter erected or constructed, enlarged, repaired, moved, removed, demolished, or converted
shall be done in conformity with the provisions of said Codes, except as expressly provided
herein.
16.04.011 BUILDING OFFICIAL - BUILDING INSPECTOR. (1) The "Building
Official," as used in the International Building Code, shall be the City Manager or that person
acting as the chief administrative officer for the City. The Building Official may delegate by
written order all or any portion of the powers of enforcement that he may have as the building
official or as a Building Inspector. He may delegate to another person in writing the power to
subdelegate all or any portion of the power he has delegated to that person. The persons
receiving delegated powers may have or may be given various titles, but any person delegated
the authority to enforce the building code shall also be known as a building inspector.
(2) Whenever any portion of the Pasco Municipal Code uses the terms 'Building
Official" or "Building Inspector," they shall have the same meaning as set forth herein and the
same powers of delegation shall apply unless the context thoroughly indicates another meaning.
(3) The power of enforcement shall include the power to arrest, but the Building Official
or his designee shall particularly specify in writing that the power to arrest is included in any
delegation or subdelegation of the power of enforcement. Nothing herein shall limit the
authority Police Officers have to make arrests.
(4) Any person delegated the power to enforce shall be an authorized officer for the
purpose of issuing a complaint in Municipal (police) Court unless specifically directed otherwise
in writing. (Ord. 2269 See. 1, 1981).
16.04.012 NON - COMBUSTIBLE MATERIALS REQUIRED. Notwithstanding the
provisions of the International Building Code, the following restrictions shall apply in the City of
Pasco.
(a) The use of cedar shakes or shingles or materials with similar flame spread
characteristics for roof construction is prohibited. Class C rated shakes or shingles may be used
for existing roof repairs and additions to structures with existing wood shingle /shake roofs.
(b) All structures within thirty (30) feet of the property line shall have non - combustible
siding /soffit /skirting on the side adjacent to the undeveloped areas in excess of five (5) acres.
Exception: Interior lots of platted parcels and development phases whose streets are accessible
and water system is operational.
Ordinance Amending Title 16
Page 2
(c) Decks of porches thirty -six (36) inches or less in height shall have skirting if within
thirty (30) feet of adjacent undeveloped areas of natural vegetation in excess of five (5) acres.
Skirting shall be sufficiently constructed so as not to allow the accumulation of combustible
material under the deck.
(d) When determined by the Fire Chief, non- combustible siding /soffit material shall be
required on the down -hill side(s) of the structure if within thirty (30) feet of a fifteen percent
(15 %) or greater grade. The grade will be determined by the predominant slope on the down -hill
side, with a maximum of three hundred (300) feet. (Ord. 3133 Sec 2, 1996; Ord. 3066, See. 1,
1994).
16.04.020 SUBSTITUTION FOR IBC SECTION 113. Section 113 of the International
Building Code shall be amended to read as follows: Section 113. Board of Appeals. In order to
determine the suitability of alternate materials and methods of construction and to provide for
reasonable interpretation of the provisions of this code, there shall be and is hereby created a
Board of Appeals, to be known as the Mid- Columbia Building Appeals Commission, consisting
of seven (7) members who are qualified by experience and training to pass upon matters
pertaining to building construction.. The Board of Appeals shall be jointly appointed by the
Mayors of Pasco, Kennewick, Richland, West Richland, Benton City, and the Chairmen of the
Boards of County Commissioners of Benton and Franklin Counties.
The membership of the Board shall consist of a representative of Franklin County, a
representative of Benton County, a civil engineer, an architect, a general contractor, a specialty
contractor and a fire specialist. The term of membership on the Board shall be for a period of
five (5) years. The Building Officials of each appointing agency shall be ex officio members of
the Board and shall serve as Secretary of the Board on a rotating basis. The Board shall adopt
reasonable rules and regulations for conducting its investigations and shall tender all decisions
and findings in writing to all the Building Officials and Fire Chiefs with a duplicate copy to the
appellant and may recommend to the City Councils and /or Boards of County Commissioners
such new legislation as is consistent therewith. (Ord. 3133 See. 3, 1996; Ord. 2867 See. 1, 1992;
Ord. 2237 Sec. 1, 1981; Ord. 1853 Sec. 1 (part), 1977).
16.04.025 DELETION OF IBC SUBSECTIONS. Subsections - 105.2 (1), (2), (11) and
(12) of the International Building Code shall be deleted. (Ord. 3149 Sec 2, 1996; Ord. 3133 See.
4, 19960rd. 2881 Sec. 3, 1992; Ord. 2153 Sec. 2, 1980).
16.04.035 ADDITION OF IBC SECTION 109.2.1. Section 109.2.1 of the International
Building Code shall be added and shall read as follows: Sec. 109.2.1 Plan Review Fees. When
the valuation of the proposed construction exceeds ten thousand dollars ($10,000) and a plan is
required to be submitted; a plan- review fee of sixty -five percent (65 %) of the construction
permit fee shall be paid to the Building Official at the time of submitting plans and specifications
for checking. EXCEPTION: Building permit applications for construction of new R -3
occupancies require only a fifty dollar ($50) plan- review fee. Plan- review fees for all buildings,
other than group R -3 Occupancies, shall be sixty -five percent (65 %) of the building permit
fees. Where plans are incomplete, or changed so as to require additional plan- review, an
additional plan- review fee shall be charged at a rate established by the Building Official not to
exceed 65% of the value of the building permit fee. (Ord. 4055, 2012; Ord. 3964, 2010; Ord.
Ordinance Amending Title 16
Page 3
3859, 2008; Ord. 3670 Sec. 2, 2004; Ord. 3133 Sec 5, 1996; Ord. 2153 Sec. 4, 1980; Ord. 1853
Sec. 1 (part), 1977
16.04.040 FEE SCHEDULE. Permit fees shall be determined in accordance with Section
3.07.030 (B) of the Pasco Municipal Code. In addition to the fees enumerated in Section
3.07.030 (B) of this Code, all building permits shall include a State Building Code Council fee of
$4.50. (Ord. 3964, 2010; Ord. 3672 Sec. 2, 2004; Ord. 3670 Sec. 2, 2004; Ord. 3316 Sec. 4,
1998; Ord. 3149 Sec. 2, 1996; Ord. 3133 See, 6, 1996; Ord. 2881 Sec. 2, 1992; Ord. 2724 Sec.
2, 1989; Ord. 2602 Sec. 2, 1986; Ord. 2153 See. 5, 1980; Ord, 1853 Sec. 1 (part), 1977
16.04.045 BUILDING INSPECTION FEE. A minimum fee as enumerated in Section
3.07.030 B) of this Code, shall be paid to the Building Official for incidental building and
fire code ins ections not related to issued active building permits.
16.04.050 AMENDMENT OF IBC SECTION 1111. Section 111.1 (a) of the
International Building Code shall be amended to read as follows: Sec. 111.1 Use or Occupancy.
No building or structure in Groups A to U inclusive, shall be used or occupied, and no
substantial change in the existing occupancy classification of a building or structure or portion
thereof shall be made until the Building Official has issued a Certificate of Occupancy therefor
as provided herein. (Ord. 3964, 2010; Ord. 3670 Sec. 21 2004; Ord. 3133 Sec. 7, 1996; Ord.
2881 Sec. 5, 1992; Ord. 2153 Sec. 6, 1980; Ord. 1853 Sec, 1 (part), 1977
16.04.060 ADDITION OF IBC SECTION 111.5. A new section, Section 111.5 is hereby
added to the International Building Code and shall hereinafter be codified as Section 16.04.060
of the Pasco Municipal Code as follows: Posting. The Certificate of Occupancy shall be posted
in a conspicuous place on the premises and shall not be removed except by the Building Official;
provided, that in the case of R -3 Occupancies, such certificate need not be conspicuously posted
but shall be available for inspection of the Building Official upon request. (Ord. 3964, 2010;
Ord. 3670 See. 2, 2004; Ord. 3133 Sec. 8, 1996; Ord. 2881 See. 6, 1992; Ord. 2153 Sec, 7, 1980;
Ord. 1853 Sec. 1 (part), 1977
16.04.070 ADDITION OF IBC SECTION 111.6. A new section, Section 111.6, is hereby
added to the International Building Code and shall hereinafter be codified as Section 16.04.070
of the Pasco Municipal Code as follows: Section 110.6. Effective date upon which Certificates of
Occupancy shall be required for Group R -3 Occupancies. All buildings or structures falling
within the R -3 classification as defined in Section 310.1 of the International Building Code, for
which building permits are issued after the effective date of this ordinance, shall not be used or
occupied until the Building Official has issued a Certificate of Occupancy as provided in Section
111.2 of the International Building Code as amended by PMC 16.04.050. All other Certificates
of Occupancy shall be required irrespective of when such building permits were issued. (Ord.
3964, 2010; Ord. 3670 See. 2, 2004; Ord. 3133 Sec 9, 1996; Ord. 2881 See. 7, 1992; Ord. 2153
See. 8, 1980; Ord. 1853 Sec. 1, (part), 1977.
16.04.080 ELIGIBILITY FOR PERMANENT CITY- PROVIDED UTILITY
SERVICES. The Utilities Director is directed to deny any requests for utility services including
electrical service, solid waste removal and water and sewer service on a permanent uses basis
where the applicant fails to demonstrate that the dwelling in question has been issued a
Ordinance Amending Title 16
Page 4
certificate of occupancy by the Building Official; provided, however, that provisional utility
services shall be available as are necessary for the proper construction of the dwelling prior to
the issuance of the occupancy permit, in circumstances where the dwelling is unoccupied. In the
event that provisional service is provided and it becomes apparent that the dwelling is being
occupied, the Utilities Director is authorized to discontinue such service. (Ord. 1853 Sec. I
(part), 1977.
16.04.090 ADDITION OF IBC SECTION 111.7. Section 111.7 is hereby added to the
International Building Code and shall hereinafter be codified as Section 16.04.090 of the Pasco
Municipal Code as follows: Section 111.7. Obligation of the Parties. In the event of a violation
of Section 16.04.050 and 16.04.070 above provided, it shall be presumed as a matter of law that
the person or persons who obtained the building permit or permits for the construction of the
dwelling in question caused or allowed the occupancy of the dwelling in violation of the above
stated provisions. Further, it shall be a violation of this code for any person or persons to cause or
allow the occupancy of a dwelling within categories R -3 by any third person or persons, where
no Certificate of Occupancy has first been issued. (Ord. 39641 2010; Ord. 3670 Sec. 2, 2004;
Ord. 3133 Sec. 10, 1996; Ord. 2881, Sec 8, 1992; Ord. 2153 See. 9, 1980; Ord. 1853 See. 1
(part), 1977.
16.04.130 AMENDMENT OF IBC SECTION 403.1. Repealed. (Ord. 3964, 2010.
16.04.210 AMENDMENT OF IBC SECTION 1808.1. Section 1808.1 of the
International Building Code shall be amended to read as follows: Section 1808.1 Footings and
Foundations: General. Footings and foundations, unless otherwise specifically provided, shall be
constructed of masonry, concrete, or treated wood. In all cases, footings and foundations shall
extend below the frost line; the minimum frost line depth shall be twenty -four (24) inches.
Footings of concrete and masonry shall be twenty -four (24) inches. Footings of concrete and
masonry shall be of solid material; any hollow core masonry unit foundation that exceeds
twenty -four (24) inches vertical height shall have all cores filled to a minimum of six (6) inches
above finish grade with mortar or other material acceptable to the administrative authority.
Foundations supporting wood shall extend at least six (6) inches above the adjacent finish grade.
16.04.240 AMENDMENT OF IBC SECTION 1209.2. Section 1209.2 of the
International Building Code shall be amended to read as follows: Section 1209.2 Attic Spaces:
Access. An attic access opening shall be provided in the ceiling of the top floor of buildings with
combustible ceiling or roof construction. The opening shall be located in a corridor, hallway, or
garage of an R -3 occupancy and in the corridor or hallway of any other occupancy. The opening
shall be not less than twenty -two (22) inches by thirty (30) inches. Thirty (30) inch minimum
clear headroom shall be provided above the access opening. Attics with a maximum vertical
clear height of less than thirty (30) inches need not be provided with access openings.
16.04.280 DELETION OF UBC APPENDIX SECTION 111. Repealed. (Ord. 3670 Sec.
2, 2004; Ord. 2501 See. 14, 1984.
Section 2. That Chapter 16.05 of the Pasco Municipal Code be and the same is hereby
amended to read as follows:
Ordinance Amending Title 16
Page 5
CHAPTER 16.05 IMPERVIOUS SURFACES
Sections:
16.05.010 PURPOSE
16.05.020 IMPERVIOUS SURFACES DEFINED
16.05.030 PERMIT REQUIRED
16.05.040 EXEMPTIONS
16.05.050 DRAINAGE REQUIREMENTS
16.05.010 PURPOSE. The purpose of this chapter is to protect the public health, safety
and general welfare of the citizens of the City of Pasco by regulating the surface drainage of
private properties within the City through the use of a permit system.
16.05.020 IMPERVIOUS SURFACES DEFINED. For the purpose of this chapter,
"impervious surfaces" shall mean any asphalt concrete, cement concrete, or other substance
rolled, laid, poured, or otherwise installed to create a layer of material upon the ground which
does not absorb water or through which water cannot drain into the underlying ground.
16.05.030 PERMIT REQUIRED. It is unlawful for any person to install any impervious
surface improvement upon private property within the City of Pasco without first obtaining a
building permit authorizing such improvement from the Building Inspector, except as provided
in Section 16.05.040 or as may be otherwise provided for within the Pasco Municipal Code.
Application for such permits shall be made on forms supplied by the Community Development
Department, shall include a site sketch depicting proposed direction of surface drainage and
location of components or methods to be used to drain the impervious surface.
16.05.040 EXEMPTIONS. The provisions of this chapter shall not apply to impervious
surfaces in the following instances: (1) To be Those installed in conjunction with a properly
permitted improvements to existing structures or permitted construction or placement of new er
existi single - family residences._(Ord. 3964, 2010; Ord, 2465 Sec. 1 (part), 1983.
16.05.050 DRAINAGE REQUIREMENTS. An impervious surface improvement shall be
designed to drain, confine and /or impound storm water or site - generated water within the private
property upon which the improvement is to be located. The Building Inspector shall determine
the adequacy of all plans and methods for the drainage or proposed impervious surface
improvements.
Section 3. That Chapter 16.08 of the Pasco Municipal Code be and the same is hereby
amended to read as follows:
CHAPTER 16,08 PLUMBING CODE
Sections:
16.08.010 UNIFORM PLUMBING CODE, ADOPTED
16.08.015 ADOPTION OF STATE DELETED SECTION OF UPC
16.08.020 PERMIT FEES
16.08.030 BOARD OF APPEALS 12
Ordinance Amending Title 16
Page 6
16.08.080 PLUMBING FIXTURES REQUIRED
16.08.090 FUEL GAS PIPING
16.08.100 VIOLATION - PENALTIES
16.08.010 UNIFORM PLUMBING CODE, ADOPTED. The Uniform Plumbing Code,
2-OW 2012 Edition, and the Uniform Plumbing Code Standards, published by the International
Association of Plumbing and Mechanical Officials, as amended by the Washington State
Building Code Council and published as Chapters 51 -26 and 51 -27, Washington State
Administrative Code is adopted as the plumbing code of the City except as hereinafter amended,
and provided that Chapter 12 regarding Fuel Gas Piping of the Uniform Plumbing Code is not
adopted. (Ord. 3964, 2010; Ord. 3670 Sec. 4, 2004; Ord. 3316 Sec. 5, 1998; Ord, 2883 Sec. 1,
1992; Ord. 2727 Sec. 1, 1989; Ord. 2605 Sec 1, 1986; Ord. 2503 Sec. 1, 1984; Ord. 2154 See. 1
1980; Ord. 1854 Sec. 1 (part), 1977.
16.08.015 ADOPTION OF STATE DELETED SECTION OF UPC. Uniform Plumbing
Code Chapter 7, Part II as published in the 2009 International Plumbing Code is hereby adopted.
(Ord. 3964, 2010).
16.08.020 PERMIT FEES. The schedule of fees contained in Table 1 -1 in Chapter 1 of
the Uniform Plumbing Code is repealed and the fee schedule as set forth in Section 16.04.040 of
the Pasco Municipal Code is adopted in its place. (Ord. 3316 Sec. 5, 1998; Ord. 2503 Sec. 2,
1984; Ord. 2154 Sec. 2, 1980; Ord. 1854 Sec. 1 (part), 1977.)
16.08.030 BOARD OF APPEALS, Section 20.14 of the Uniform Plumbing Code is
repealed and the Board of Appeals as set forth in Section 16.04.020 of the Pasco Municipal Code
is adopted in its place. (Ord. 2503 Sec. 3, 1984; Ord. 2154 Sec. 3,1980; Ord. 1854 Sec. I (part),
1977.)
16.08.080 PLUMBING FIXTURES REQUIRED. Each building shall be provided with
sanitary facilities as prescribed by the adopted International Building Code and Uniform
Plumbing Code. Every basement shall be provided with at least one floor drain and bacicflow
preventer. The floor drain is to be located in either the utility room, bathroom or furnace room.
(Ord. 3964, 2010; Ord. 3670 Sec. 4, 2004; Ord. 2503 Sec, 4, 1984; Ord. 2154 See. 8, 1980; Ord.
1854 Sec. 1 (part), 1977
16.08.090 FUEL GAS PIPING. Chapter 12 of the Uniform Plumbing Code is repealed in
its entirety. (Ord. 2503 Sec. 5, 1984; Ord. 2154 See, 9, 1980; Ord. 1854 See. 1 (part), 1977.)
16.08.100 VIOLATION - PENALTIES. It is unlawful for any person, firm, or
corporation to violate any of the provisions of this chapter. Every person found in violation of
any provision shall be punished by a fine of not more than five hundred dollars. Each firm or
corporation found in violation of any provision of this chapter shall be punished by a fine of not
more than five hundred dollars. For any violation of a continuing nature, each day's violation
shall be considered a separate offense and shall subject the offender to the above penalties for
each offense. (Ord. 3190 Sec. 4, 1996; Ord. 1854 Sec. 1 (part), 1977.)
Ordinance Amending Title 16
Page 7
Section 4. That Chapter 16.12 of the Pasco Municipal Code be and the same is hereby
amended to read as follows:
CHAPTER 16.12 GAS INSTALLATIONS
Sections:
16.12.030 SCOPE
16.12.160 GAS APPLIANCE INSTALLATION - PERMIT REQUIRED INSPECTION FEES
16.12.230 PERMIT AND INSPECTION FEES FOR WORK ON GAS TRANSMISSION
AND /OR DISTRIBUTION SYSTEM
16.12.350 ADOPTION OF STANDARDS BY REFERENCE
16.12.030 SCOPE. All gas appliances or gas pipes hereafter sold, installed, maintained,
or repaired within the City limits shall conform to the requirements of the 24W 2012
International Mechanical Code as adopted by the City. All gas transmission and /or distribution
systems hereafter constructed, installed, operated, and maintained within the City shall conform
to the requirements of this chapter.
16.12. 160 GAS APPLIANCE INSTALLATION - PERMIT REQUIRED INSPECTION
FEES. No person shall install any gas appliance to house piping in any building or structure
without first obtaining a permit to do such work from the City. Persons failing to obtain a permit
before starting work on the installation, alteration, or repairs of any gas equipment except as
otherwise provided shall be required to pay double the fee herein specified when such permit is
finally secured. The payment of such double fee, however, shall in no way relieve the person of
the penalties otherwise provided for the violation of this chapter. Appliance inspection fee,
permit fee shall be based on the value of improvement, using permit fee schedule as stated in
Section 16.04.040 of the Pasco Municipal Code. A new permit for piping inspection shall be
required for a consumer's premises which already has been piped for gas, but in which no gas has
been used for a period of twelve (12) consecutive months or more. When a permit is issued to
connect an appliance to an existing stub or outlet, no additional fee will be charged for piping
inspection.
16.12.230 RIGHT -OF -WAY WORK PERMIT FOR WORK ON GAS TRANSMISSION
AND /OR DISTRIBUTION SYSTEM. Therefore the city engineer shall make inspections to
make certain that the provisions of this chapter are complied with and the expenses of the same
shall be paid by the gas company upon a bill therefore being submitted by the city engineer
before the gas company is released from its bond.
16.12.350 ADOPTION OF STANDARDS BY REFERENCE. The following, and as the
same also may hereafter be amended, are adopted by reference and shall be observed: (1)
Appliances: (2009 2012 International Mechanical Code, 2009 2012 International Fuel Gas code,
20" 20.11 NFPA 58 Liquefied Petroleum Gas Code, and 2.00&2012 NFPA 54 National Fuel Gas
Code. (2) Gas transmission and distribution system: (a) The American Standard Code for
Pressure Piping, Section 8, Gas Transmission and Distribution Piping Systems (ASA B 31.1-
1955). (b) The State rules and regulations of the Washington Public Service Commission
applicable to gas transmission and/or distribution utilities and safety standards and rules and
regulations of the State Department of Labor and Industries.
Ordinance Amending Title 16
Page 8
Section 5. That Chapter 16.16 of the Pasco Municipal Code be and the same is hereby
amended to read as follows:
CHAPTER 16.16 HOUSING CODE
Sections:
16.16.010 INTERNATIONAL PROPERTY MAINTENANCE CODE
16.16.010 INTERNATIONAL, PROPERTY MAINTENANCE CODE. The International
Property Maintenance Code, 2049 2012 Edition, prepared by the International Code Council, as
thereinafter amended or revised, is adopted by the City as its official Housing Code.
Section 6. That Chapter 16.18 of the Pasco Municipal Code be and the same is hereby
amended to read as follows:
CHAPTER 16.18 ENERGY CODE
Sections;
16.18.020 PERMIT FEES
16.18.030 BOARD OF APPEALS
16.18.020 PERMIT FEES. Every applicant for a permit to do work regulated by this code shall
pay for each permit, at the time of application, a fee as adopted by the Pasco Municipal Code in
Section 16.04.040.
16.18.030 BOARD OF APPEALS. In order to determine the suitability of alternative materials
and methods of construction and /or installation and provide for reasonable interpretation of the
provisions of the Energy Code, the Board of Appeals, created pursuant to Section 113 of the
24W 2012 International Building Code as amended by Section 16.04.020 of the Pasco Municipal
Code, shall hear appeals and make determinations arising out of or in connection with the
decisions of the building official. When it is claimed that the provisions of this code do not apply
or that the true intent or meaning of this code has been misconstrued or wrongly interpreted, the
applicant may, within thirty (30) days of the decision, appeal to the Board of Appeals.
Section 7. That Chapter 16.19 of the Pasco Municipal Code be and the same is hereby
amended to read as follows:
CHAPTER 1.6.19 VENTILATION AND INDOOR AIR QUALITY CODE
Sections:
16.19.020 PERMIT FEES
16.19.030 BOARD OF APPEALS
16.19.020 PERMIT FEES. Every applicant for a permit to do work regulated by this code
shall pay for each permit, at the time of application, a fee as Adopted by the Pasco Municipal
Code in Section 16.04.010.
Ordinance Amending Title 16
Page 9
16.19.030 BOARD OF APPEALS. In order to determine the suitability of alternative
materials and methods of construction and/or installation and provide for reasonable
interpretation of the provisions of the ventilation and indoor air quality code, the Board of
Appeals, created pursuant to Section 113 of the 2809 2012 International Building Code as
amended by Section 16.04.020 of the Pasco Municipal Code, shall hear appeals and make
determinations arising out of or in connection with the decisions of the Building Official. When
it is claimed the provisions of the code do not apply or that the true intent or meaning of this
code has been misconstrued or wrongly interpreted, the applicant may, within thirty days of the
decision, appeal to the Board of Appeals.
Section. 8. That Chapter 16.32 of the Pasco Municipal Code be and the same is hereby
amended to read as follows:
CHAPTER 16.32 MECHANICAL CODE AND FUEL GAS CODE
Sections:
16.32.010 INTERNATIONAL MECHANICAL CODE, INTERNATIONAL FUEL GAS
CODE, NFPA 58 LIQUEFIED PETROLEUM GAS CODE, AND NFPA NATIONAL FUEL
GAS CODE, ADOPTED
16.32.010 INTERNATIONAL MECHANICAL CODE, INTERNATIONAL FUEL GAS
CODE, NFPA 58 LIQUEFIED PETROLEUM GAS CODE, AND NFPA NATIONAL FUEL
GAS CODE, ADOPTED. The 2409 2012 International Mechanical Code, 24)49 2012
International Fuel Gas Code, 248 2011 NFPA 58 Liquefied Petroleum Gas Code, and 2986
2012 NFPA 54 National Fuel Gas Code, as published by the International Code Council and the
National Fire Protection Association, as thereafter amended or revised by the Washington State
Building Code Council and published as Chapter 51 -22 Washington Administrative Code, is
adopted as the mechanical code of the City, except as hereinafter amended.
Section 9. That Chapter 16.36 of the Pasco Municipal Code be and the same is hereby
amended to read as follows:
CHAPTER 16.36 SWIMMING POOL, SPA, AND HOT TUB CODE
Sections:
16.36.010 SWIMMING POOL, SPA AND HOT TUB CODE, ADOPTED
16.36.020 SUBSTITUTION FOR IRC SECTION AG105.2 PARAGRAPH 1 FENCES
16.36.030 NEW SECTION ADDED - ZONING REGULATIONS
16.36.010 SWIMMING POOL, SPA AND HOT TUB CODE, ADOPTED. Appendix G,
Swimming Pools, Spas and Hot Tubs published in the 2009— 2012 International Residential
Code, as hereinafter amended or revised, is adopted by the City as its official swimming pool,
spa and hot tub code, by reference therein. (Ord. 3964, 2010; Ord. 3670 Sec. 11, 2004;
Ord. 3316 Sec. 13, 1998.)
Ordinance Amending Title 16
Page 10
16.36.020 SUBSTITUTION FOR IRC SECTION AG105.2 PARAGRAPH I FENCES.
All outdoor swimming pools shall be enclosed by a non - climbable fence or other approved
barrier, such fence or approved barrier to be not less than five (5) feet in height and provided
with a self - closing gate or gates equipped with a latch or locking device operable only from the
pool side of the fence or by a locking device operable by a key only on the outside of the fence.
Said fence or barrier shall be no closer than three (3) feet from the water's edge on all sides of the
pool and the maximum vertical clearance between grade and the bottom of the barrier shall not
exceed two (2) inches, measured on the side of the fence or barrier which faces away from the
swimming pool, spa or hot tub. (Ord. 3964, 2010; Ord. 3670 Sec. 11, 2004; Ord. 3316 Sec. 13,
1998.)
16.36.030 NEW SECTION ADDED - ZONING REGULATIONS. (a) Any swimming
pool located in any zone shall maintain the same front and side yard setbacks as required by the
Zoning Ordinance for the main building. (b) Public and semi - public pools may be approved in a
residential zone only after obtaining a special permit from the Board of Adjustment. (Ord. 3964,
2010; Ord. 3316 Sec. 13, 1998.)
Section 10.. That Chapter 16.40 of the Pasco Municipal Code be and the same is hereby
amended to read as follows:
CHAPTER 16.40 FIRE PREVENTION CODE
Sections:.
16.40.010 INTERNATIONAL FIRE CODE, ADOPTED
16.40.015 SUBSTITUTION FOR SECTION 108.1. OF THE IFC - APPEALS
16.40.020 AMENDMENT FOR CHAPTER 2 OF THE IFC SECTION 202 - DEFINITIONS
16.40.025 ADDITION OF NEW SECTION 308.1.4 OPEN PLAME DEVICES, TO THE IFC
16.40.030 AMENDMENT FOR SECTION 401.5 OF THE IFC - ALARMS
16.40.040 ADOPTION OF STATE DELETED SECTIONS OF THE IFC — CHAPTER 3 AND
CHAPTER 5.
16.40.050 SUBSTITUTION FOR SECTION 3301.1 5608 OF THE IFC — FIREWORKS
16.40.060 ADDITION AMENDMENT OF NEW SECTION 3301.1 5608.2 FIREWORKS
PERMITS, TO THE IFC
16.40.070 16.40.070 ADDITION OF NEW SECTION 3301 i:3.2 5608.2.1.1 DISPLAY,
AGRICULTURAL AND WILDLIFE FIREWORKS AND SPECIAL EFFECTS, TO THE IFC
16.40.080 ADDITION OF NEW SECTION 3301.1.335608.2.1.2 AUTHORITY TO SEIZE
FIREWORKS, TO THE IFC
16.40.090 ADDITION OF NEW SECTION 3301.1.3.4 5608.2.13 LIABILITY INSURANCE
POLICY REQUIRED, TO THE IFC
16.40.100 AMENDMENT TO SECTION 109.3 VIOLATIONS AND PENALITES OF THE
IFC
16.40.010 INTERNATIONAL FIRE CODE, ADOPTED. (a) There is adopted by the
City Council of the City, pursuant to the provisions of RCW 35.21.289 and RCW 19.27 for the
purpose of prescribing regulations governing conditions hazardous to life and property from fire
or explosion, that certain code and standards known as the International Fire Code, including
Appendix Chapters A, B, C, D, E, F, G, H I and J being in particular the 2009- 2012 editions
Ordinance Amending Title 16
Page 11
thereof and the whole thereof, as amended by the Washington State Building Code Council and
published as Chapters 51 -34 and 51 -35 Washington Administrative Code, save and except such
portions as are hereinafter deleted, modified or amended, and the same are adopted and
incorporated as fully as if set out at length herein and from the date on which the ordinance
codified in this chapter shall take effect, the provision thereof shall be controlling within the
corporate limits of the City.
(b) It is the specific intent of the Fire Code of the City as herein adopted, modified and
amended, to place the obligation of complying with its requirements upon
the owners and occupiers of the buildings and premises within the scope, and no provision of nor
any term used in this Fire Code is intended to impose any duty whatsoever upon the City or any
of its officers or employees, for whom the implementation and enforcement of this Fire Code
shall be discretionary and not mandatory.
(c) Nothing contained in this Fire Code is intended to be nor shall be construed to
create or form the basis for any injury or damage resulting from the failure of a building
or any premises to comply with provisions of this Fire Code, or by reason or in
consequence of any inspection, notice, order, certificate, permission or approval authorized or
issued or done in connection with the implementation or enforcement of this Fire Code, or by
reason of any action or inaction on the part of the City, related in any manner to the enforcement
of this Fire Code by its officers, employees or agents.
(d) It is expressly the purpose of this Fire Code to provide for and promote the health,
safety and welfare of the general public, and not to create or otherwise establish or designate any
particular class or group of persons who will or should be especially protected or benefited by
the provisions of this Fire Code. Violation of any provision shall be punished by a fine of not
more than five hundred dollars. Each firm or corporation found in violation of any provision of
this chapter shall be punished by a fine of not more than five hundred dollars. For any violation
of a continuing nature, each day's violation shall be considered a separate offense and shall
subject the offender to the above penalties for each offense. (Ord. 3190 Sec. 4, 1996; Ord. 1854
Sec. 1 (part), 1977 Sec. 12, 2004; Ord. 3316 Sec, 14, 1998.)
16.40.015 SUBSTITUTION FOR SECTION 108.1 OF THE IFC — BOARD OF
APPEALS. Section 108.1 of the International Fire Code shall be omitted and the Board of
Appeals as set forth in Section 16.04.020 of the Pasco Municipal Code is substituted in its place
Section 108.1 Appeals. Whenever the Fire Chief or Community Development Director
disapproves an application or refuses to grant a permit applied for, or when it is claimed that the
provisions of this code do not apply, or that the true intent of the code has been misconstrued or
wrongfully interpreted, the applicant may, within thirty (30) days of the decision, appeal that
decision to the Mid - Columbia Building Appeals Commission as established under the Building
Code. (Ord. 3964, 2010; Ord. 3670 Sec.12, 2004; Ord. 3316 Sec. 14, 1998.)
16.40.020 AMENDMENT FOR CHAPTER 2 OF THE IFC SECTION 202 -
DEFINITIONS. The following words and terms in Chapter 2 of the International Fire Code are
amended in Sections 202 C, 202 202 -F, and 202 -J to include the following definitions: (a)
Section 202 -C- F "Fire Chief' is the Chief Officer of the Pasco Fire Department or the Chiefs
authorized representative and further means the person appointed by the City Manager (or that
person's authorized representative) to administer and enforce the International Fire Code within
the City of Pasco.
Ordinance Amending Title 16
Page 12
(b) Section 202 -J Jurisdiction. Means the City of Pasco. Jufisdie4 f na4 area fneans that
tetTkory included . •thi a the Pasco Gity l (Ord. 3964, 2010; Ord. 3670 Sec. 12, 2004; Ord.
3316 Sec. 14, 1998.) .
16.40.030 AMENDMENT FOR SECTION 401.5 OF THE IFC - ALARMS. Section
401.5 of the International Fire Code is amended to read as follows: Section 401.5. It is unlawful
for any person, business or legal entity, having or conducting a private fire alarm system to
transmit three (3) or more false alarms within a ninety (90) day period. The owner of any
residence, business or premises in which said alarm system exists, shall be responsible for
payment of the City of Pasco of its reasonable costs for labor, equipment, fuel and materials, as
determined by the Pasco Fire Chief, for a response by the Fire Department for the third and each
subsequent false alarm in a ninety (90) day period. For the purposes of this section, the term
"False Alarm" means the activation of a fire alarm because of accident, malfunction or an
inadvertent activation, at a time when no fire exists on the premises. (Ord. 3964, 2010.)
16.40.035 ADOPTION OF STATE - DELETED SECTIONS OF THE IFC. Repealed (Ord.
3964, 2010; Ord. 3670 See. 12, 2004; Ord. 3316 Sec. 14, 1998.)
16.40.040 ADOPTION OF STATE DELETED SECTIONS OF THE IFC — CHAPTER
3 AND CHAPTER 5. Chapter 3 Section 308.1.4 and 503.1 Chapter 5 Sections 503.1, 503.1.1,
503.12, 503.1.3, 503.2, 503.3, 503.4 as published in the 2049 2012 International Fire Code are
hereby adopted. (Ord. 3964, 2010; Ord. 3670 See. 12, 2004; Ord. 3316 Sec. 14, 1998.)
16.40.050 SUBSTITUTION FOR SECTION 3391.1 5608 OF THE IFC — FIREWORKS.
Section 1 -,3 5608.1 of the International Fire Code is hereby amended to read as follows:
Section 3301.1.3 5608.1 FIREWORKS: Except as herein provided, it shall be unlawful for any
person to store, offer for sale, expose for sale or use, possess, fire, or discharge any fireworks.
The Fire Chief shall have the authority to adopt reasonable rules and regulations for the granting
of permits for supervised public display of fireworks by the municipality, fair association,
amusement parks, and other organizations. Every such display shall be handled by a competent
operator approved by the Fire Chief. Every operator shall have first obtained a Washington State
Pyrotechnic license pursuant to RCW 70.77.305 and WAC Chapter 212 -17. The display shall be
of such a character, and so located, discharged or fired as in the opinion of the Fire Chief after
proper inspection, shall not be hazardous to property or endanger any person. Violation of this
subsection shall constitute a civil infraction punishable by a civil penalty not to exceed two
hundred and fifty dollars ($250.00) for each violation. EXCEPTION: Any person having the
necessary licenses from the State of Washington may possess and store fireworks in the City of
Pasco at an approved location properly zoned therefore, for the purpose of the distribution of
such fireworks for retail sale outside the city limits. (Ord. 3964, 2010; Ord. 3670 Sec. 12, 2004;
Ord. 3316 Sec. 14, 1998.)
16.40.055 AMENDMENT FOR SECTION 308.4 OF THE IFC. Repealed. (Ord. 3964,
2010; Ord. 3670 Sec. 12, 2004; Ord. 3316 Sec. 14, 1998.)
16.40.060 ADDITION AMENDMENT OF NEA SECTION 3� ' .' .3.' 5608.2
FIREWORKS PERMITS, TO THE IFC -. Section 3301.1.3.1 of the International Fire Code is
hereby added to read as follows: Section 33.E 5608.2 FIREWORKS PERMITS:
Ordinance Amending Title 16
Page 13
Application for permits required for a public display of fireworks originating within City of
Pasco municipal boundaries shall be made in writing at least fifteen (15) days in advance of the
display. No permit granted hereunder shall be transferable. (Ord. 3964, 2010; Ord. 3316 Sec. 14,
1998.)
16.40.070 ADDITION OF NEW SECTION 3301.1_�3.2 5608.2.1.1 DISPLAY,
AGRICULTURAL AND WILDLIFE FIREWORKS AND SPECIAL EFFECTS, TO THE IFC.
Section 3301.1; 5608.2.1.1 of the International Fire Code is hereby added and shall read as
follows: Section 3'2f 1.1.3.2 5608.2.1.1 Display, Agricultural and Wildlife Fireworks, and
Special Effects: No person may sell, discharge, or possess in the City of Pasco, any of the
following except with a permit and in the manner provided by law:
1. "Display fireworks" as defined in RCW 70.77.131 and WAC 212 -17 -040
2. "Agricultural and Wildlife Fireworks" as defined in RCW 70.77.141 and WAC 212 -17-
045.
3. "Special effects" as defined in RCW 70.77.146. (Ord. 5046 Sec. 1 (part), 2004)
4. "Articles pyrotechnic, special effects for entertainment media" as defined in RCW 70.77.535.
(Ord. 3964, 2010).
16.40.080 ADDITION OF NEW SECTION 3301.1.3. 35608.2.1.2 AUTHORITY TO
SEIZE FIREWORKS, TO THE IFC. Section 3- 301.1-x- 5608.2.1.2 the International Fire Code
is hereby added and shall read as follows: Section 33�`�.3 3 5608.2.1.2 AUTHORITY TO
SEIZE FIREWORKS: Any member of the Pasco Police or Fire Department is hereby authorized
and empowered to seize, take, remove or cause to be removed at the expense of the owner any
and all stocks of fireworks offered or exposed for sale, stored, or transported, or held in violation
of this article. (Ord 3964, 2010; Ord. 3670 Sec. 12, 2004; Ord. 3316 Sec. 14, 1998.)
16.40.090 ADDITION OF NEW SECTION 3301.1.3.4 5608.2.1.3 LIABILITY
INSURANCE POLICY REQUIRED, TO THE IFC, Section 33 01.1.3,4 5608.2.1.3 of the
International Fire Code is hereby added and shall read as follows: Section 33014 5608.2.1.3
LIABILITY INSURANCE POLICY REQUIRED The applicant for a permit for a public display
of fireworks shall file with the Fire Department a copy of public liability and property damage
insurance policy providing coverage with minimum limits as specified in RCW 70.77.295;
however, the holder of general license from the chief of the Washington State Patrol, through the
director of fire protection, and upon compliance with RCW 70.77.355, shall be excused
from compliance with this subsection. (Ord.3964, 2010.)
16.40. 100 AMENDMENT TO SECTION 109.3 4 VIOLATIONS AND PENALITES OF
THE IFC. Section 109.3 4 of the 2009 2012 International Fire Code is amended to read as
follows: Section 109.-3 4 Violations ---- Penalties: Any person, firm or corporation violating a
provision of this chapter which is not also a violation of any other provisions of this Title or the
codes adopted thereby, or shall fail to comply with the requirements thereof or who shall erect,
install, alter, repair, or do work in violation of the approved construction documents or direction
of the fire code official, or of a permit or certificate used under the provisions of this chapter, or
operate or maintain an occupancy, premises, or vehicle subject to this chapter who allow a
hazard to exist or fail to take immediate action to abate a hazard on such occupancy, premises, or
vehicle when ordered to do so by the fire code official, shall be guilty of a gross misdemeanor..
Ordinance Amending Title 16
Page 14
Each day that violation continues after due notice has been served, shall be deemed a separate
offense. (Ord. 3964, 2010; Ord. 3670 Sec. 12, 2004; Ord. 3316 Sec. 14, 1998.)
Section. 11. EFFECTIVE DATE
EFFECTIVE DATE. Revisions and additions to Pasco Municipal Code Title 16 adopting the
State Building Code, together with 2012 International Building Code and Standards and certain
Appendices, International Fire, Residential, Property Maintenance, Mechanical, Fuel Gas, NFPA
58 Liquefied Petroleum Gas, NFPA 54 National Fuel Gas, and 1997 Uniform Abatement of
Dangerous Buildings, and the 2012 Uniform Plumbing and Plumbing Standards, shall take
effect July 1, 2013.
Section 12. COPIES ON FILE
COPIES ON FILE. One copy each of the State Building Code, together with 2012 International
Building Code and Standards, International Fire, Residential, Property Maintenance, Mechanical,
Fuel Gas, NFPA 58 Liquefied Petroleum Gas, NFPA 54 National Fuel Gas, and 1997 Uniform
Abatement of Dangerous Buildings, and the 2012 Uniform Plumbing and Plumbing Standards
codes have been filed for use and examination of the public in the office of the city clerk prior to
the adoption of the ordinance codified in this chapter.
PASSED by the City Council of the City of Pasco this day of July, 2013
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk Leland B. Ker, City Attorney
Ordinance Amending Title 16
Page 15
FOR: City Council
FROM:
SUBJECT
I.
II.
AGENDA REPORT
July 3, 2013
Gary Crutchfi_ it Manager �f Workshop Mtg.: 718113
Rick White, Co ty & Economic Development �/ Regular Mtg.: 7115113
Director
Shane O'Neill, Planner I
Extension of Final Plat Approval Period (Ml~# CA2013 -004)
REFERENCE(S):
1. SHB 1074
2. Proposed Ordinance
ACTION REQUESTED OF COUNCIL 1 STAFF RECOMMENDATIONS:
718: DISCUSSION
7/15: MOTION I move to adopt Ordinance No. , amending PMC
26.28.010 extending the final plat approval time period from
nine years to ten years and amending PMC 26.28.070 revising
terms of approval of final plats, and further, authorize
publication by summary only.
III. FISCAL IMPACT:
NONE
IV.
V.
HISTORY AND FACTS BRIEF:
A. RCW 58.17 specifies the time limit for submittal of a final plat once preliminary
plat approval is received.
B. Until June 10, 2010, this time limit was five (5) years, at which time the State
Legislature changed the time limit to seven (7) years (SB 6544).
C. Effective June 7, 2012, the State Legislature amended RCW 58.17 by adopting
HB 2152 providing an extension of the period for completion of final plats after
preliminary plat approval to nine (9) years as long as preliminary plat approval
was received before December 31, 2007. The Bill (HB 2152) also revised final
plat vesting provided the requirements of RCW 90.58 (Shoreline Management
Plan) do not apply and provided changed plat conditions do not create a serious
threat to public health or safety.
D. The State Legislature has again amended RCW 58.17 by adopting SHB 1074
providing an extension of the time period for completion of final plats after
preliminary plat approval to ten (10) years as long as the preliminary plat was
received on or before December 31, 2007.
DISCUSSION:
A. The revisions to PMC 26.28.010 and 26.28.070 reflect revisions to State platting
law. These revisions should be enacted in Pasco Municipal Code to establish
consistency between State law and local regulations.
4(d)
SUBSTITUTE HOUSE BILL 1074
Passed Legislature - 2013 Regular Session
State of Washington 163rd Legislature 2013 Regular Session
By House Local Government (originally sponsored by Representatives
Angel, Takko, Buys, and Pike)
READ FIRST TIME 01/28/13.
1 AN ACT Relating to requirements governing and associated with plat
2 approvals; and amending RCW 58.17.140 and 58.17.170.
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
4 Sec. 1. RCW 58.17.140 and 2012 c 92 s 1 are each amended to read
5 as follows:
6 (1) Preliminary plats of any proposed subdivision and dedication
7 shall be approved, disapproved, or returned to the applicant for
8 modification or correction within ninety days from date of filing
9 thereof unless the applicant consents to an extension of such time
10 period or the ninety day limitation is extended to include up to
11 twenty -one days as specified under RCW 58.17.095(3): PROVIDED, That if
12 an environmental impact statement is required as provided in RCW
13 43.21C.030, the ninety day period shall not include the time spent
14 preparing and circulating the environmental impact statement by the
15 local government agency.
16 (2) Final plats and short plats shall be approved, disapproved, or
17 returned to the applicant within thirty days from the date of filing
18 thereof, unless the applicant consents to an extension of such time
19 period.
P. 1 SHE 1074.SL
1 (3)(a) Except as provided by (b) of this subsection, a final plat
2 meeting all requirements of this chapter shall be submitted to the
3 legislative body of the city, town, or county for approval within seven
4 years of the date of preliminary plat approval if the date of
5 preliminary plat approval is on or before December 31, 2014, and within
6 five years of the date of preliminary plat approval if the date of
7 preliminary plat approval is on or after January 1, 2015.
8 (b) A final plat meeting all requirements of this chapter shall be
9 submitted to the legislative body of the cityL_ town, — or_county for
10 approval within ((nine)) ten years of the date of preliminary plat
11 approval if the project is ( (r.� ---
'c'�y -- ' ...' not subject to
12 requirements adopted under chapter 90.58 RCW((T)) and the date of
13 preliminary plat approval is on or before December 31, 2007.
14 (4) Nothing contained in this section shall act to prevent any
15 city, town, or county from adopting by ordinance procedures which would
16 allow extensions of time that may or may not contain additional or
17 altered conditions and requirements.
18 Sec. 2. RCW 58.17.170 and 2012 c 92 s 2 are each amended to read
19 as follows:
20 (1) When the legislative body of the city, town or county finds
21 that the subdivision proposed for final plat approval conforms to all
22 terms of the preliminary plat approval, and that said subdivision meets
23 the requirements of this chapter, other applicable state laws, and any
24 local ordinances adopted under this chapter which were in effect at the
25 time of preliminary plat approval, it shall suitably inscribe and
26 execute its written approval on the face of the plat. The original. of
27 said final plat shall be filed for record with the county auditor. One
28 reproducible copy shall be furnished to the city, town or county
29 engineer. One paper copy shall be filed with the county assessor.
30 Paper copies shall be provided to such other agencies as may be
31 required by ordinance.
32 (2) (a) Except as provided by (b) of this subsection, any lots in a
33 final plat filed for record shall be a valid land use notwithstanding
34 any change in zoning laws for a period of seven years from the date of
35 filing if the date of filing is on or before December 31, 2014, and for
36 a period of five years from the date of filing if the date of filing is
37 on or after January 1, 2015,
SHD 1074.SL p. 2
1 (b) Any lots in a final plat filed for record shall be a valid land
2 use notwithstanding any change in zoning laws for a period of (( })
3 ten years from the date of filing if the project is
4 111TfnLTSt -)) not subject to requirements adopted under chapter 90.58
5 RCW((;) ) and the date of filing is on or before December 31, 2007.
6 (3)(a) Except as provided by (b) of this subsection, a subdivision
7 shall be governed by the terms of approval of the final plat, and the
8 statutes, ordinances, and regulations in effect at the time of approval
9 under RCW 58.17.150 (1) and (3) for a period of seven years after final
10 plat approval if the date of final plat approval is on or before
11 December 31, 2014, and for a period of five years after final plat
12 approval if the date of final plat approval is on or after January 1,
13 2015, unless the legislative body finds that a change in conditions
14 creates a serious threat to the public health or safety in the
15 subdivision..
16 (b) A subdivision shall be governed by the terms of approval of the
17 final plat, and the statutes, ordinances, and regulations in effect at
18 the time of approval under RCW 58.17.150 (1) and (3) for a period of
19 ( (nine)) ten years after final plat approval if the project is ((w thj-n
20 eity not subject to requirements adopted under chapter 90.58
21 RCW((,,,)) and the date of final plat approval is on or before December
22 31, 2007, unless the legislative body finds that a change in conditions
23 creates a serious threat to the public health or safety in the
24 subdivision.
Passed by the House March 4, 2013.
Passed by the Senate April 9, 2013.
Approved by the Governor April 18, 2013.
Filed in Office of Secretary of State April 18, 2013.
P• 3 SHB 1074.SL
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington,
Amending Section 26.28.010 "Application" and Section
26.28.070 "Terms of Approval" Providing for the Extension of
a Period for Final Plat Approval.
WHEREAS, the State legislature has amended Chapter 58.17 providing an extension for
the period for completion of final plats after preliminary plat approval in response that the delays
in residential developments caused by the downturn of the economy; and
WHEREAS, it is necessary to bring the City procedure for preliminary and final plat
approval into conformity with these changes in State law, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 26.28.010 entitled "Application" of the Pasco Municipal
Code, shall be and hereby is amended and shall read as follow:
26.28.010 APPLICATION.
(1) Except as provided in subsection (2) below, a final plat meeting all of the
requirements of this Chapter shall be submitted to the City Council for approval within seven (7)
years of the date of the preliminary plat approval if the date of the preliminary plat approval is on
or after January 1, 2008 but before December 31, 2014, and within five (5) years of the date of
preliminary plat approval, if the date of preliminary plat approval is on or after January 1, 2015.
(2) A final plat meeting all requirements of this Chapter shall be submitted to the City
Council for approval within tee -(9) ten 10 years of the date of preliminary plat approval if the
project is within the City limits, not subject to the requirements adopted under Chapter 90.48
RCW (Shoreline Management Plan), and the date of the preliminary plat approval is on or before
December 31, 2007.
(3) The proposed final plat shall be submitted for recording purposes, together with
such supplementary information, certificates and bonds as may be required, to the City Planner at
least fifteen (15) days before the City Council meeting at which approval is sought.
(4) A complete application shall consist of the original signed, dated and stamped
Mylar drawing of the subdivision with ten (10) copies, a title certificate, applicable instrument
identified in PMC 26.28.050 to cover the cost of outstanding improvements, and digital copy of
the final plat in a format specified by the City Engineer.
Section 2. That Section 26.28.070 entitled "Terms of Approval" of the Pasco Municipal
Code shall be and hereby is amended and shall read as follows:
Ordinance Amending Section 26.28.010
and Section 26.28.070 - 1
26.28.070 TERMS OF APPROVAL.
(1) A subdivision shall be governed by the terms of approval of the final plat, and the
statutes, zoning ordinances and regulations in effect on the date of the preliminary plat approval
for a period of seven (7) years after final plat approval if the date of the final plat approval is on
or before December 31, 2014; and for a period of five (5) years after the final plat approval if the
date of final plat approval is on or after January 1, 2015, unless the City Council finds that a
change in conditions creates a serious threat to the public health or safety in the subdivision.
(2) A subdivision shall be governed by the terms of approval of the final plat, and the
statutes, zoning ordinances and regulations in effect at the time of approval of the preliminary
plat for a period of iaiiie (9) ten 10 years after final plat approval if the project is located within
the City limits, not subject to the requirements adopted under Chapter 90.58 RCW (Shoreline
Management Plan), and the date of the final plat approval is on or before December 31, 2007,
unless the City Council finds that a change in conditions creates a serious threat to the public
health or safety in the subdivision.
Section 3. This Ordinance shall take fall force and effect five (5) days after its
approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this day of , 2013.
ATTEST:
Matt Watkins, Mayor
APPROVED AS TO FORM:
Debbie Clark, City Clerk Leland B. Kerr, City Attorney
Ordinance Amending Section 26.28.010
and Section 26.28.070 - 2
AGENDA REPORT
TO: City Counc'
FROM: Gary Crutch ie d Manager
SUBJECT: Legislative Con ultant Agreement
I. REFERENCE(S):
I. Proposed Agreement
July 3, 2013
Workshop Mtg.: 7/8/13
Regular Mtg.: 7/15/13
II. ACTION REQUESTED OF COUNCIL 1 STAFF RECOMMENDATIONS:
718: Discussion
7115: MOTION: 1 move to approve the agreement with Gordon Thomas Honeywell
Governmental Affairs for state legislative consultant services and, further,
authorize the City Manager to sign the agreement.
III. FISCAL IMPACT:
Total: $41,000 maximum
IV. HISTORY AND FACTS BRIEF:
A) The city has employed the services of a legislative consultant for each of the past eight
years. In doing so, the city has realized the following accomplishments that would likely
not have happened if not for the particular services of the consultant work:
• $5.2 million legislative appropriation for construction of the Ainsworth Overpass
Project;
$400,000 legislative appropriation for construction of the Court Street Pedestrian
Overpass of SR395;
• $3 million legislative appropriation for Lewis Street Overpass project.
• Amendment of the ambulance utility statute.
B) GTH has offered to continue services for Pasco, at their standard rate of $3,150 per month,
with a contract term of one year; the resulting cost is $37,800 (plus $3,000 in
reimbursables). While the consultant will perform the general legislative duties listed, the
greatest value will be the consultant's effort to obtain additional state funding assistance
for the Lewis Street overpass, a priority project of the city which is simply too costly for
the city to construct on its own.
V. DISCUSSION:
A) The value of an effective legislative consultant is clear when measured by the success the
city has realized over the past five years. Continuing such a relationship is imperative if
the city desires to continue to seek assistance via the state legislature (whether by
appropriation or statutory language).
B) GTH accomplished no small feat in the 2009 session by helping obtain the legislative
appropriation of $3,000,000 for the Lewis Street Overpass. In addition, GTH was
instrumental in guiding the regional PFD legislation through the 2010 legislature and the
ambulance utility statute amendment in 2011. While our legislators were also instrumental
in these endeavors, they were aided greatly by the effort of GTH coordinating with many
other legislators to assure the local objective was not lost in the details of the process.
C) GTH has the advantage of a Washington D.C. office; thus, the opportunity to pursue a
coordinated effort (state and federal) to obtain the funding assistance necessary for
construction of the Lewis Street Overpass project. The proposed scope of work will
address the city's 2014 legislative agenda, though it may be revised by year -end.
D) In view of the potential 2014 legislative benefits, staff recommends approval of the
proposed contract.
4(e)
CITY OF PASCO
CONSULTING AGREEMENT
This Agreement is entered into by and between City of Pasco and Gordon Thomas Honeywell
Governmental Affairs (hereinafter referred to as "Consultant "), upon the following terms and
conditions:
A. Scope of Work. Consultant will advise and assist the City of Pasco in accordance with
Consultant's Scope of Work, described in Attachment "A" hereto and incorporated herein, and
Consultant will do and produce such other things as are set forth in the Scope of Work (the
"Services "). Consultant's Services will be in compliance with applicable laws, regulations, rules,
orders, licenses and permits, now or hereinafter in effect, and Consultant shall furnish such
documents as may be required to effect or evidence such compliance.
B. Compensation, Expenses. The City of Pasco will pay Consultant for satisfactorily
rendered Services in accordance with the specific terms set forth in Attachment "A."
C. Invoices; Payment. Consultant will furnish the City of Pasco invoices at regular
intervals, as set forth in Attachment "A."
D. Term. Consultant shall promptly begin the Services hereunder on the date set forth in
Attachment "A" and shall terminate same on the date set forth in Attachment "A," unless earlier
terminated by mutual agreement. The City of Pasco or consultant may terminate consultant
services for convenience at any time prior to the termination date set forth in Attachment "A,"
provided that either party provides 30 -days notice.
E. Ownership of Work Product. The product of all work performed under this agreement,
including reports, and other related materials shall be the property of the City of Pasco or its
nominees, and the City of Pasco or its nominees shall have the sole right to use, sell, license,
publish or otherwise disseminate or transfer rights in such work product.
G. Independent Contractor. Consultant is an independent contractor and nothing contained
herein shall be deemed to make Consultant an employee of the City of Pasco, or to empower
consultant to bind or obligate the City of Pasco in any way. Consultant is solely responsible for
paying all of Consultant's own tax obligations, as well as those due for any
employee /subcontractor permitted to work for Consultant hereunder.
H. Release of Claims, Indemnity. Consultant hereby releases, and shall defend, indemnify
and hold harmless the City of Pasco from and against all claims, liabilities, damages and costs
arising directly or indirectly out of, or related to, Consultant's fault, negligence, strict liability or
produce liability of Consultant, and/or that of any permitted employee or subcontract or
Consultant, pertaining to the Services hereunder.
I. Assignment Consultant's rights and obligations hereunder shall not be assigned or
transferred without the City of Pasco's prior written consent; subject thereto, this Agreement
shall be binding upon and inure to the benefit of the parties' heirs, and successors.
2013 -2014 State Legislative Services Agreement
Page 1
J. Governing Law; Severability. This Agreement shall be governed by the laws of the
State of Washington, U.S.A. (excluding conflict of laws provisions). If any term or provision of
this Agreement is determined to be legally invalid or unenforceable by a court with lawful
jurisdiction hereover (excluding arbitrators), such term or provision shall not affect the validity
or enforceability of any remaining terms or provisions of this Agreement, and the court shall, so
far as possible, construe the invalid portion to implement the original intent thereof.
K. Arbitration. Should any dispute arise concerning the enforcement, breach or
interpretation of this Agreement, the parties shall first meet in a good faith attempt to resolve the
dispute. In the event such dispute cannot be resolved by agreement of the parties, such dispute
shall be resolved by binding arbitration pursuant to RCW 7.04A, as amended, and the Mandatory
Rules of Arbitration (MAR), venue shall be placed in Pasco, Franklin County, Washington, the
laws of the State of Washington shall apply, and the prevailing party shall be entitled to its
reasonable attorney fees and costs.
L. Entire Agreement; Etc. This Agreement, and its incorporated attachments hereto, state
the entire agreement between the parties regarding the subject matter hereof and supersede any
prior agreements or understandings pertaining thereto. Any modification to this Agreement must
be made in writing and signed by authorized representatives of both parties. Any provision
hereof which may be reasonably deemed to survive the expiration or termination of this
Agreement shall so survive, and remain in continuing effect. No delay or failure in exercising
any right hereunder shall be deemed to constitute a waiver of any right granted hereunder or at
law by either party.
Consultant: City of Pasco:
Gordon Thomas Honeywell
Governmental Affairs
Tim Schellberg, President Gary Crutchfield, City Manager
Date:
Date:
2013 -2014 State Legislative Services Agreement
Page 2
ATTACHMENT "A" TO
CITY OF PASCO CONSULTING AGREEMENT
A. Scope of Work: Consultant shall provide the City of Pasco with the following
governmental affairs services:
General Washington State Legislative Services
■ Identify and track all relevant legislation.
■ During the legislative session, provide the City with weekly reports and tracking lists.
■ Attend all relevant legislative hearings.
■ Attend all relevant legislative meetings.
■ Coordinate City officials to testify at relevant legislative hearings.
■ Lobby to amend, defeat or pass legislation or budgets that directly affect the City's
interests.
■ Strengthen relevant legislative relationships between the City, state legislators, and
executive offices.
■ Work with the City to develop a state budget request and lobby the Legislature to
fund the request.
Specific Legislative Issues:
■ Advocate specific allocations for the Lewis Street Overpass within the Capital and/or
Transportation budgets and assist in related grant/loan applications.
■ Pursue reforms to the Public Records Act.
■ Preserve the City's authority to issue business licenses.
■ Preserve and enhance state - shared revenues allocated to Pasco.
■ Preserve local authorities and avoid unfunded state mandates.
■ Advocate for sale of DNR Section 16 in Pasco.
B. Compensation/Expenses: The City of Pasco shall pay Consultant a monthly fee of
$3,333 for the services listed above. Consultant shall only bill communication expenses,
such as travel to Pasco. The expenses shall not exceed $3,000 for the term of the
contract.
C. invoices /Payments: (a) Consultant shall furnish the City of Pasco with invoices for
services performed on a monthly basis, and (b) the City of Pasco shall pay each of
Consultant's invoices within thirty (30) days after City's receipt and verification of
invoices.
D. Term of Agreement: Consultant's services shall commence on July 1, 2013 and shall
terminate on June 30, 2014.
2013 -2014 State Legislative Services Agreement
Page 3
TO: City Council
FROM: Gary Crutchfi
SUBJECT: Capital Imp
I. REFERENCE(S):
AGENDA REPORT
Plan
July 3, 2013
Workshop Mtg.: 718113
1. Proposed Capital Improvement Plan 2014 -2019 (Council packets only; copy
available for review in the City Manager's office, Pasco Library and on the city's
website at http:/,' www. nasco- wa.aov /citycouncilreports).
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
718: Discussion
III. FISCAL IMPACT:
IV. HISTORY AND FACTS:
A) The city spends several million dollars annually on a wide variety of capital
expenditures necessary to deliver or improve municipal services to its citizenry.
Those capital expenditures range from parks, streets and utilities to buildings and fire
engines.
B) Some of the capital improvement projects require debt financing. Given the
constraints on operating revenues, it is important to properly plan for additional debt
service obligations. Development of a six -year Capital Improvement Plan, which
identifies the various capital projects expected to be undertaken each year and the
method of financing for each, is essential to effective financial planning for the city.
It is also beneficial to the general public, which can reasonably anticipate when
certain improvements are expected to occur.
C) Development of the annual Capital Improvement Plan occurs as a prelude to the
annual budget; the first year of the approved Capital Improvement Plan is then
incorporated into the subsequent annual budget document. Thus, review and
discussion of the Capital Improvement Plan should be carried out with the notion
that the conclusions reached represent guidance to staff in developing next year's
budget.
V. DISCUSSION:
A) Staff will be prepared to answer questions about any of the projects included in the
proposed Capital Improvement Plan at the Workshop. It is recommended that
Council gain a thorough understanding of the document through discussion at the
Workshop. Staff requests Council take formal action approving the Capital
Improvement Plan by August so that it can be used to develop the 2014 fiscal year
budget during September /October.
4(f)