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HomeMy WebLinkAbout4110 Ordinance '1 ORDINANCE NO. Li I / 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have caused incorrect references to occur, and WHEREAS, over time State Laws have changed causing definitions to become outdated or obsolete; and WHEREAS, the City Council has determined that to further the purposes of comprehensive planning and to maintain and protect the welfare of the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 The following sections of Chapter 25.12 are hereby repealed in their entirety: 25.12.380 SANITARIUM OR SANITORIUM. "Sanitarium or sanatorium" means a I . . - «. - •• . - . - , .• . - •- 25.12.420 STABLE, PUBLIC "Public Stable"means a building in which horses are monthly basis and provides one or more of the- additional following services at a cost, if any, subsidized by charitable or government agencies, including: A) Meals and food; B) Child or adult daycare services; C) Employment, substance abus- . • - •• - •-:; •• o - - - . . - - - - . - . . . . . . Ordinance Amending Title 25 Page 1 of 34 • 4 residents, Section 2. The following section of Chapter 25.74 is hereby repealed in its entirety: 25.74.020 SITE DESIGN REQUIREMENTS AND STANDARDS. Tables 74 1 and established for all development in the zoning districts indicated. 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 the 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;and devices which use a video tube 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 - - - - •-. - - - - whichever yields a greater height of building: Ordinance Amending Title 25 Page 2 of 34 � II (1) The elevation of the highest adjoining sidewalk or finished ground surface within a five ground surface is not more than ten feet above lowest finished grade; finished ground surface described in Item 1 a•• . • • • .. . .. - • ' 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 line 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 in 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 following services at a cost, if any, subsidized by charitable or government agencies, including: A) Meals and food; B) Child or adult daycare services; C) Employment, substance abuse or behavior counseling; and D) Medical, dental or mental health services; regardless 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 enclosed space where public dances are held and where alcohol and/or food may 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" "`. . - • - - - •- - - - •- " .. • - • _ . . . •- . _. . .• - • - . - • • = . For the purpose of this Title, the following definitions shall also 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 eustedial 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) Home based day care: Family Home Day Care: Means a home licensed by the Department of Social and Health Services and in which direct care, supervision and learning Ordinance Amending Title 25 Page 3 of 34 opportunities which day care is are regularly provided for not more than twelve (12) children or adults or for periods of less than 24 hours. Home based day care is allowed in any home regardless of its zoning classification. (3) Mini day care ccntcr: Means a place, other than th- - : - - = . - •: - , - provides regular custodial care for one to twelve children or adults for periods of less than 21 hours. (4) Day-care center: Means a place which provides regular custodial scheduled care for twelve or more than twelve children or adults, for periods of less than twenty-four hours. (5) Family Home Preschool/Nursery Schools: Means a home or place that provides regular custodial care and/or organized learning and educational experiences for not more than twelve children. (6) Family Home Day Care Provider: Means a person who provides direct care, supervision, behavior management, and early learning opportunities for twelve or fewer children in their family home living quarters for periods of less than twenty-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 primary provider. (8) Preschool Center: Means a place that provides regular custodial care and/or organized learning and educational experiences for more than twelve children. 25.12.188 EXOTIC/WILD ANIMAL. "Exotic/Wild Animal" includes but is not limited to anyone of the following: lions, tigers, wild cats (including lynx and bobcats), wolves, bears, apes, monkeys, and raccoons, dangerous reptiles 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 uniform 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 purposes of this definition 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(h) will not be counted as unrelated persons. - ..: ., - . . . : - t : - - . _. .sixteen years occupying a dwelling and living together as a single housekeeping unit as fr-aternit Ordinance Amending 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 space 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 right of way or 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 single family dwelling, thirty utilities, and having an insignia issued by the Department of Labor and Industries and constructed before June 15, 1976 a factory-built dwelling built prior 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 vehicular type of unit 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 primary source of revenue (a) the sale of alcohol for consumption on the premises and (b) 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 beverages comprises less than 25 percent of the gross receipts. 25.12.397 SHOP. A"shop"means a residential garage as defined under 25.12.200 Ordinance Amending Title 25 Page 5 of 34 II 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. A commercial winery produces less than 50,000 cases of wine a year. 25.12.490 YARD, FRONT. "Front yard" means an open and unoccupied space, - . . • . _ -, 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, except as premed herein,, 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 Residential Transition District R-S-20 District Residential Suburban District R-S-12 District Residential Suburban District R-S-1 District Low-Density Suburban Residential District R-1 District Low-Density Residential District R-1-A District Low-Density Residential Alternative District R-1-A2 District Low-Density Residential Alternative District R-2 District Medium-Density Residential District R-3 District Medium-Density Residential District R-4 District High-Density Residential District RP District Residential Park District O District Office District C-1 District Retail Business District C-2 District Central Business District Ordinance Amending Title 25 Page 6 of 34 II C-2 Overlay District Central Business Overlay District C-3 District General Business District C-R District Regional Commercial District BP District Business Park District I-182 Overlay District I-182 Corridor Overlay District I-1 District Light Industrial District 1-2 District Medium Industrial District 1-3 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 Sec. 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 '� 1,600 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 height may be approved by special permit; (2) Home occupations as defined in Section 25.12.220; Ordinance Amending Title 25 Page 7 of 34 III (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 dwellings;, (9) Family home preschool in conformance with PMC Chapter 25.66; and {s}) (10) 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; Day care centers and preschool 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 garages can be increased by 260 square feet. A greater 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;-an4 (8) Accessory dwellingsi Ordinance 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 depaituient station houses; (5) ., , . - - - -• . Day care centers and preschool centers; and (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. 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) Home 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; Ordinance 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 dwellingsi (9) Family home preschool in conformance with PMC Chapter 25.66; (-9410) 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 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) ' - . _ - _ .. , . - - -. , -• . - - _ • . . . ., __ - Day care centers and preschool centers; and (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; and (7) Accessory dwellings-4 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) Private nursery school, preschool, child mini day care, and child day care center Day care centers and preschool 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; and (7) Accessory dwellings:i (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 Alternate 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,:, 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; and (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 (9) 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) ' - . - . - _ .. , . - .. , • . -••- . , ., . - . .. . ., _ - - - Day care centers and 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); and (7) Family home preschool in conformance with PMC Chapter 25.66; f7 (8) Accessory dwellings in single family homes; and 04 (9) 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) ' - . _ - _ .. , . - _ .. , - . -- -• ., -, ., . _. _ - . - Day 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)(4) Maximum Lot Coverage: Forty(40)percent; (4) (5) 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)(7) Fences and hedges: See Chapter 25.75; (7)(8) Parking: See Chapter 25.78; (S) (9) Landscaping: See Chapter 25.75; and (9)(10) 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 (7) Family home preschool in conformance with PMC Chapter 25.66; (7) (8) Accessory dwellings in single family homesi (8) (9) 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) Private nursery school, preschool, child mini day care, and child day care center 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); (2-)Q, Density: One dwelling unit per 5,000 square feet of lot area for single family dwellings and 3,000 square feet of lot area for multiple family dwellings; (3)a), Maximum Lot Coverage: Sixty(60) percent; (4)f5,) 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. (WO 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. (64121 Fences and hedges: See Chapter 25.75; (-7-}in Parking: See Chapter 25.78; and ($)(91 Landscaping: See Chapter 25.75; (9)(10)Residential Design Standards: See Chapter 25.70.085. Section 16. That Chapter 25.38 entitled "R-4 High Density Residential District" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.38.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted use in the R-4 district: (1) Detached single family residential garages, as defined in Section 25.12.200, provided they do not exceed fifteen feet in height and 1,000 square feet in area; (2) Home occupations as defined by Section 25.12.220; Ordinance Amending Title 25 Page 16 of 34 (3) Storage buildings cumulatively not exceeding two hundred square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25.12.430, shall be permitted; (4) The keeping of dogs and cats, provided such number of animals does not exceed three dogs and three cats; (5) Family day care homes in conformance with WAC 388-73 as now existing and as amended and Chapter 25.66; (6) The renting of rooms for lodging purposes only, provided such accommodations shall not exceed two persons in a single-family dwelling. One off-street parking space per roomer must be provided in addition to the requirements set forth under Section 25.78.170(5); and (7) Family home preschool in conformance with PMC Chapter 25.66; (�) (8) Accessory dwellings in single family homes; and ($) (9) 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 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 dwelling shall be permitted per lot. Multiple dwellings shall be permitted based on the density standards in Section 25.38.050(3); (-24(3) 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; ()(4) Lot Coverage: Sixty(60) percent; (4)(5) 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. Ordinance Amending Title 25 Page 17 of 34 • (53(61 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)al Fences and hedges: See Chapter 25.75; (7)) Parking: See Chapter 25.78; and (8)( 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) . _ • - -• . - -• ., ., _ • . - - • - Day care centers and preschool 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 25.71.030 shall 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 prevail. 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)(2) Auto Detail Shops; (24(3) Banks; (3)(4) Dancing schools; (4)(5) Hotels and motels; (5)(6) Printing shops; (6)0 Restaurants; 9)(8) Stores and shops for the conduct of retail business; (8 (9) 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, (j) Shoe repair shops; (k) Upholstery shops. (-9 (10)Sign shops, commercial (no outdoor storage of materials); (10)(11 1 Theaters; (11)(12) Veterinarian clinics for household pets (no boarding or outdoor treatment facilities); (12) Upholstery shops; and (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; end (5) Wineries defined under 25.12.4807; and (6) Dance halls and nightclubs. Section 19. That Chapter 25.44 entitled "C-2 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 12.12.020 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. (2) 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 25.71.030 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 25.71.030 shall 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 25.71.030 shall prevail. there shall be provided a setback equal in width or depth to that required in the residential district. (4) Maximum building height: Ordinance Amending Title 25 Page 21 of 34 (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: 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 office 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 overnight holding of animals occurs indoors; (2) Auto body shops; and (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 . A.! !. • . •• . 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 prevail. there shall be provided a setback equal in width or depth 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 I-1 district shall be: (1) All uses permitted in the C-3 district; (2) Building material storage yard; (3) Trucking, express and storage yards; (4) Contractor's plant or storage yards; (5) Electrical central power station; (6) Laboratories, experimental; (7) Automotive assembly and repair; (8) Kennels; 03(9) Creamery,bottling, ice manufacture and cold storage plant; (9)(10)Blacksmith, welding or other metal shops, excluding punch presses over twenty tons rated capacity, drop hammers, and the like; (14)(11) The manufacturing, compounding, processing, packaging of cosmetics, pharmacology and food products, except fish and meat products, and the reducing and refining of fats and oils; (11)(12) Printing plant; and (12)(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). 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 performed entirely within a permanent structure upon the premises; (4) No signs, display or other advertisement upon the property; (5) No media or other off-premises advertising shall give the address or location of the home occupation; (6) No outside storage of materials, supplies, products or by-products, or equipment, except a single occupational vehicle not exceeding 14,000 pounds Gross Vehicle Weight (GVW); (7) Be conducted solely by persons residing within the dwelling unit upon the premises, subject to the definition of family; (8) Except for articles produced thereon, no merchandise, products, goods or wares may be displayed or offered for sale upon the premises; (9) No occupation requiring the customer or client to be present upon the premises while the profession, trade, skill or service is performed shall be allowed, except for private tutoring or instruction for 4 or fewer students per 24-hour period; (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. 25.66.060 APPEAL. Any An appeal of the City Planner's decision to deny a home occupation shall be filed in accordance with Section 25.84.090 and shall be reviewed by the Hearing Examiner in accordance with Sections 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 and R 'I 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. ; and ( .• -• -. . . - . . -. - , - . 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 City of Pasco Business License; The residential structure, • . . . - . . - . - - 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; (4) - - • - - . . . . . . .. . . .. . ., . - . _ . . '. structures. A special permit granted for a caretaker's residence may be reviewed annually upon written request of owners of property within three hundred feet of such residence or upon written request of the city building official. In the absence of written request for review, the special . . . . . . . . . ; and (5) 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 it area is at least 40% developed, the caretaker's residence shall be removed 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: (a) The main entry doors of all dwellings must face the street on which the dwelling is addressed; (b) 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; (c) All entry porches/landing areas must be constructed as an integral part of the dwelling architecture; csil The main roof of all dwellings shall have a minimum 5/12 pitch; except dwellings with less than a 5/12 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 5/12 pitch; (e) All Eave overhangs are required and shall be a minimum of 12 inches; Dwellings with 4/12 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; (g) No false or artificial dormers are permitted; (h) All foundation walls must be poured concrete or masonry block; f All dwellings must be permanently connected to foundations, and must meet seismic and wind loading standards for Franklin County, Washington; (j) No more than 12 inches of foundation wall can be exposed on the walls facing a street; (k) 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; All siding must extend below the top of the foundation 1 %2 to 2 inches. A bottom trim board does not qualify as siding and cannot be used to cover the top of the foundation; (m) 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; (n) 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; (o) 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; (p) 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; (q) 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 granted 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 batch plant or a premix plant may be permitted in any zone, on approval of a special permit and as provided in this Title, the excavation and sale of sand and gravel, clay, shale, or other natural mineral deposits (except topsoil) for the quarrying of any kind of rock formation shall be subject to the following conditions: (a) In case of an open excavation or quarry, there shall be a substantial fence with suitable gates completely enclosing the portion of the property in which the excavation is located and such fence shall be located at all points forty feet or more from the edge of the excavation or quarry. (b) Whenever production in any area used as a gravel pit, sand pit, clay pit, or quarry shall have been completed, then all plants,buildings, structures and equipment shall be entirely removed from such property and stockpiles shall be removed or back- filled into the pit within one year after such completion. When production shall have been completed, then the owner shall take such measures to rehabilitate the area as deemed reasonable by the city engineer and or as required in the special permit. A reclamation bond or surety may be required. (c) Concrete and asphalt batch plants may be located in the I-2 (Medium Industrial) zone by special permit and are permitted uses in the 1-3 (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,of 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 the final-inspection of issuance of a certificate of occupancy for the remodel,.Of repair work or Ordinance Amending Title 25 Page 27 of 34 • Iii 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 heights restriction shall be the height set forth in Table 74 1 and 74 2, with the following conditions in the C 3 zone: (1) Exceptions to Height Regulations. Chimneys, water tanks, penthouses, towers, scenery lofts, elevators, bulkheads, stacks, ornamental casting towers, monuments, steeples, cupolas, domes, false mansards, and similar structures and necessary mechanical appurtenances may 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 vegetation at the time of planting (A)(B) In addition to the requirements contained in this chapter and unless specified otherwise in Chapter 25.58:959, 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 • it 25.75.070 PARKING LOT LANDSCAPING. (1) The width of parking lot buffers shall be . . . - .. - - • - - - - . •-_ - - - . •- • . .• . _ as follows: (a) Parking lots between the building and an 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-building-and 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 be 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 df 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,; 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 use-and uses; a notarized and recorded parking agreement 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 .. : - - - = - • • - 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 them. Conditional uses and other uses specifically referred to this chapter may be permitted only in their respective districts. Unclassified uses may be permitted within any district where not otherwise prohibited. 25.86.020 UNCLASSIFIED USES. The following uses shall be considered unclassified: (1) High schools, colleges, universities, vocational schools, business colleges and other similar academic or skills training facilities or institutions not heretofore permitted within any district; (2) Cemeteries, crematories, mausoleums, and other places of burial or interment of remains; (3) 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; (8) Mines, quarries and gravel pits; (9) (8)Landfills, garbage dumps, and resource recovery facilities; (10)(9)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; (11)(10) Electrical substations and load transfer stations, natural gas booster stations, and other similar utility facilities; (12)(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 (13)(12) 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 evef 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) Certificate of ownership and a list of owners, with addresses, of all property • eempant- The property owner's notarized signature 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 entering conclusions from the record for special permits based on the criteria in 25.86.060 the Planning Commission shall consider the following for special permits dealing with increased heights for detached shops and garages: (1) Will the shop/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 topography and elevation of the site and surrounding property exacerbate or attenuate the height of the proposed shop/garage; (3) Will the proposal include landscaping features or berms to ameliorate the height of the shop/garage; (4) Will the shop/garage be erected on the property 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 • - . ` - = - • - • • - . - --- • •- - the time period specified in the approved special permit,or the special permit shall expired. In the case of temporary special permits, unless otherwise specified within the permit, the permit shall expire after six (6) months from its effective date. Within thirty (30) days after the date of expiration, Ordinance Amending Title 25 Page 32 of 34 ' M the applicant shall have removed from the premises the temporary use and any improvements of a temporary nature authorized by the permit. 25.86.120 EXTENSIONS. A one time extension of a special permit 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. Section 33. This ordinance shall take full 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 n day of , 2013. Matt Watkins, Mayor A TE: : APP 0 ED AS TO FORM: / I %0 Debbie Cla��City Cler Leland B. Kerr, City Attorney fl Ordinance Amending Title 25 Page 34 of 34