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HomeMy WebLinkAbout4144 Ordinance ORDINANCE NO. (+I t-H) AN ORDINANCE relating to zoning and amending PMC Title 25 dealing with the height and area of detached shops and garages in R-S-1, R-1, R-2, R-3 and R-4 Districts. WHEREAS, cities have the responsibility to regulate and control the physical development within their borders and ensure the public health, safety and welfare are maintained; and, WHEREAS, the City of Pasco has zoning regulations that encourage orderly growth and development of the City; and, WHEREAS, from time to time, the City Council causes the zoning regulations to be reviewed to ensure they fulfill their intended purposes; and, WHEREAS, the City Council has determined that to further the purposes of maintaining the public health, safety and general welfare community, 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 Section 25.22.030 of the Pasco Municipal Code be and the same is hereby amended to 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 based upon the review criteria listed in Sections 25.86.060 and 25.86.065; (2) Home occupations as defined in Section 25.12.220; (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 Page 1 of 7 less than ten feet from any adjoining 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; (8) Accessory dwellings. (9) Family home preschool in conformance with PMC Chapter 25.66; and (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. 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. Section 2. That Section 25.24.030 of the Pasco Municipal Code be and the same is hereby amended to 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 based upon the review criteria listed in Sections 25.86.060 and 25.86.065; (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 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; Page 2 of 7 (7) Family day care home in conformance with WAC 388-73 as now existing and as amended and Chapter 25.66; (8) Accessory dwellings; (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. 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. Rabbit hutches and/or chicken coops adjacent an alley may be placed within five (5) feet of the alley line provided there are no openings in the wall parallel to the alley. Property owners shall not allow such structures to become a nuisance due to noise or odor; and (10) Family home preschool in conformance with PMC Chapter 25.66. Section 3. That Section 25.26.030 of the Pasco Municipal Code be and the same is hereby amended to 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;_ On lots over 12,000 square feet in area detached residential garages in excess of 18 feet in height maybe permitted by special permit based upon the review criteria listed in Sections 25.86.060 and 25.86.065; (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; (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; Page 3 of 7 (8) Accessory dwellings; (9) Family home preschool in conformance with PMC Chapter 25.66; (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. 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. Rabbit hutches and/or chicken coops adjacent an alley may be placed within five (5) feet of the alley line provided there are no openings in the wall parallel to the alley. Property owners shall not allow such structures to become a nuisance due to noise or odor. Section 4. That Section 25.28.030 of the Pasco Municipal Code be and the same is hereby amended to 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;_ On lots over 12,000 square feet in area detached residential garages in excess of 18 feet in height may be permitted by special permit based upon the review criteria listed in Sections 25.86.060 and 25.86.065; (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; (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 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. Page 4 of 7 Section 5. That Section 25.34.030 of the Pasco Municipal Code be and the same is hereby amended to 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;. On lots over 12,000 square feet in area detached residential garages in excess of 15 feet in height and/or increase in floor area of up to 200 square feet may be permitted by special permit based upon the review criteria listed in Sections 25.86.060 and 25.86.065; (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 25.78.170(5); (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. Section 6. That Section 25.36.030 of the Pasco Municipal Code be and the same is hereby amended to 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;. On lots over 12,000 square feet in area detached residential garages in excess of 15 feet in height and/or increase in floor area of up to 200 square feet may be permitted by special permit based upon the review criteria listed in Sections 25.86.060 and 25.86.065; (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; Page 5 of 7 (4) The keeping of dogs and cats, provided such number of animals does not exceed three dogs and three cats; (5) Family day care homes in conformance with WAC 388-73 as now existing and as amended and Chapter 25.66; (6) The renting of rooms for lodging purposes only, provided such accommodations shall not exceed two persons in a single-family dwelling. One off-street parking space per roomer must be provided in-addition to the requirement set forth under Section 25.78.170(5); (7) 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. Section 7. That Section 25.38.030 of the Pasco Municipal Code be and the same is hereby amended to 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 . On lots over 12,000 square feet in area detached residential garages in excess of 15 feet in height and/or increase in floor area of up to 200 square feet may be permitted by special permit based upon the review criteria listed in Sections 25.86.060 and 25.86.065; (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 requirements set forth under Section 25.78.170(5); (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. Page 6 of 7 Section 8. That Section 25.86.065 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 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 and/or floor area 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 and/or floor area 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. Section 9. 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, Washington, and approved as provided by law this_ 3 day of E rva , 2014. Matt Watkins Mayor A J TE APPR AS TO FORM: Deb . Clark Leland B. Kerr City Clerk City Attorney Page 7 of 7