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HomeMy WebLinkAbout0435 OrdinanceORDINANCE NO. 435 AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION AND USE OF BUILDINGS AND THE USE OF LAND WITHIN THE CITY OF PASCO, WASHINGTON, TO LIMIT THE HEIGHT OF BUILDINGS; TO PRESCRIBE BUILDING LINES AND THE SIZE OF YARDS AND OTHER OPEN SPACES AND FOR THESE PURPOSES TO DIVIDE THE CITY INTO DISTRICTS. Be It Ordained By The City Council Of The City Of Pasco, As Follows: Section 1. 1. This ordinance shall be known as "The Zoning Ordinance of the City of Pasco." 2. This ordinance shall consist of the text hereof. Section 2. Definitions: Wherever the word "Commission" is used herein, it shall be deemed to refer to the Planning Commission of the City of Pasco. Section 3. Use Districts or. Zones The City of Pasco is hereby divided into four types of use districts as follows: 1. R-1, Residential District. r 2. R-2, Residential District. 3. C-1, Commercial District. 4. M-1, Mlanufacturing District. Section 4. R-1, Residential District In the R-1, Residential District, no building or premises shall be used, and no building shall be hereafter erected or structurally altered, unless otherwise provided in this ordinance, except.for one or more of the following uses: 1. One and two-family dwellings. 2. Libraries and art galleries. 3. Parks and playgrounds (including park buildings.) 4. (a) Accessory buildings, such as are ordinarily appurtenant to single-family dwellings, shall be permitted, includ- ing one private garage when located not less than 60 feet from the front lot line nor less than 20 feet from any flanking street line, or when attached to or within the dwelling. (b) The office of a physician, dentist or other professional person when located in his or her dwelling, also home 7 t. 1 i ORDINANCE NO. 435 AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION AND USE OF BUILDINGS AND THE USE OF LAND WITHIN THE CITY OF PASCO, WASHINGTON, TO LIMIT THE HEIGHT OF BUILDINGS; TO PRESCRIBE BUILDING LINES AND THE SIZE OF YARDS AND OTHER OPEN SPACES AND FOR THESE PURPOSES TO DIVIDE THE CITY INTO DISTRICTS. Be It Ordained By The City Council Of The City Of Pasco, As Follows: Section 1. 1. This ordinance shall be known as "The Zoning Ordinance of the City of Pasco." 2. This ordinance shall consist of the text hereof. Section 2. Definitions: Wherever the word "Commission" is used herein, it shall be deemed to refer to the Planning Commission of the City of Pasco. Section 3. Use Districts or. Zones The City of Pasco is hereby divided into four types of use districts as follows: 1. R-1, Residential District. r 2. R-2, Residential District. 3. C-1, Commercial District. 4. M-1, Mlanufacturing District. Section 4. R-1, Residential District In the R-1, Residential District, no building or premises shall be used, and no building shall be hereafter erected or structurally altered, unless otherwise provided in this ordinance, except.for one or more of the following uses: 1. One and two-family dwellings. 2. Libraries and art galleries. 3. Parks and playgrounds (including park buildings.) 4. (a) Accessory buildings, such as are ordinarily appurtenant to single-family dwellings, shall be permitted, includ- ing one private garage when located not less than 60 feet from the front lot line nor less than 20 feet from any flanking street line, or when attached to or within the dwelling. (b) The office of a physician, dentist or other professional person when located in his or her dwelling, also home 7 occupations engaged in by individuals within their dwellings are permitted provided that no window display is made or any sign shown other than one not exceeding two square feet in area and bearing only the name and occupation of the occupant. The renting of rooms for lodging purposes only, for the accommodation of not to exceed eight (8) persons, in a single-family dwelling is likewise permitted. (c) Signs not exceeding eight (8) square feet in ax:pa pertaining to the leasing, rental or sale of buildings or premises are permitted;(signs on non -conforming uses are like- wise permitted,) provided however that such signs shall be erected flat against the building or painted upon the sides thereof. All other signs, signboards and billboards are prohibited. Provided, however, that signboards,•billboards and other forms of outdoor advertising may be allowed by special permit for a period of five years or less, issued by the Commission after examination of the location and upon due proof to the satisfaction of the Commission that such signboard, billboard or other advertising will not be unduly detrimental to adjacent and surrounding property, but the same front and side yard provisions as required for buildings must be observed. (d) Nothing herein contained shall be deemed to prohibit the use of vacant property for gardening or fruit raising. (e) The Commission may grant temporary permits for the use of property for circuses, fairs and similar purposes, such permits to be granted only upon due proof to the satisfaction of the Commission that such use will not be unduly detrimental to adjacent and surrounding property. (f) A nursery or greenhouse may be located within an R-1, Residential District, by special permit for a period of not more than ten years, issued by the Commission after public hearing and examination of the location and the making of a finding by the Commission'that such nutsery or greenhouse may be maintained for such period without undue detriment to adjacent and surrounding property. (g) Telephone exchanges and electric substations and sim�'lar uses of public service corporations may be permitted by special permit from the Commission, provided such buildings shall conform to and harmonize with surrounding buildings as to type of architecture, set -back and landscaping. Complete plans showing elevations and location on the lot, together with the location of adjoining residential buildings, must be submitted to the Commission with application for permit. (h) Churches and schools (either public or private) may be allowed by special permit from the Commission after public hearing and examination of the location upon due proof to the satisfaction of the Commission that such school or church will not be unduly detrimental to adjacent and surrounding property. FRONT YARD: There shall be a front yard having a minimum depth of twenty (20) feet. REAR YARD: There shall be a rear yard twenty-five (25) feet, except that on unit held under separate and distinct lots and of record prior to the taking this depth of rear yard may be reduced only as will permit a building depth o - 2 - having a minimum depth of a lot which is a complete ownership from the adjoining effect of this ordinance, If necessary to such extent f thirty (30) feet. SIDE YARD: There shall be a. side yard of not less than five (5) feet in width on each side of a building, provided, however, that on a lot having a width of less than forty (40) feet as shown by the last conveyance of record at the time of the passage of this ordinance, there shall be a side yard on each side of a building of not less than three (3) feet in width. SITE AREA: Every building hereafter erected or structurally altered which is located in an R-1, Residential District, shall provide a lot area of not less than forty-five hundred (4500) square feet; provided, however, that where a lot has less area than herein required as shown by the last conveyance of record at the time of the passage of this ordinance, this regulation shall not prohibit ohe -(1) private dwelling and its accessory buildings on such lot. Section 5. R-2, Residential District. In the R-2, Residential District, no building or premises shall be used and no building shall be hereafter erected or struc- turally altered unless otherwise provided in this ordinance, except for one or more of the following us6s: 1. Any use permitted in the R-1, Residential District. 2. All Dwellings. 3. Apartment houses. 4. Boarding and lodging houses. 5. Hotels. 6. Churches. 7. Schools. 8. Hospitals and sanitariums except those for inebriates, the insane or those suffering from mental diseases; subject to the regulations of the Health Department. 9. Institutions for educational,.philanthropic or elee- mosynary uses other than correction. 10. -Private clubs, fraternities and lodges; excepting those selling or furnishing the members beer, wine or intoxicating liquors, and also excepting those the chief activity of which is a service customarily carried on as a business. 11. Nurseries and. greenhouses. 12. Public garages for storage purposes only may be al- lowed by special permit issued by ,the Commission after public hear- ing and examination of the location, upon due proof to the satis- faction of the Commission that such public garage will not.be un- duly detrimental to adjacent and surrounding property. Nothing in this paragraph shall be deemed to prohibit the servicing of patrons' cars with gasoline, oils, washing and similar services within such public storage garage, provided however that no signs or advertising of such uses be displayed without the building. 13. Tourist camps, or groups of small detached houses or. cabins for the overnight accommodation of tourists may be permitted by the Commission after a hearing and examination of the location, upon due proof to the satisfaction of the Commission that the same will not be unduly detrimental to adjacent or surrounding property, or detrimental to the best interests of the City of Pasco or its inhabitants; and if permitted, . the servicing of patrons' cars with gasoline, oils, washing, and similar services may be permitted in connection therewith. FRONT YARD: There shall be a front yard having a minimum depth of fifteen (15) feet. - 3 - SIDE YARD: For buildings of two (2) stories or less in height, side yard requirements for R-1, Residential District shall apply. For buildings more than two stories in height, the width of the side yards shall be increased by one (1) foot for each additional story. This additional side yard is not required for the side of a corner lot on a flanking street. REAR YARD: There shall be a rear yard having a minimum depth of fifteen (15) feet, except that on a lot which is a complete unit held. under separate and distinct ownership from the adjoining lots and of record prior to the taking effect of this ordinance, this depth of rear yard may be reduced if necessary to such extent- only as will permit a build- ing depth of thirty (30) feet. Section 6. 0-1, Commercial District. In the C-1, Commercial District, no building or premises shall be used and no building shall be hereafter erected or structurally altered, unless otherwise provided in this ordinance, except for one or more of the following uses: 1. Any use permitted in Class R-1 and R-2 Residential Districts. 2. Retail stores and shops, limited to uses needed to serve a residential district, such as grocery store, meat shop, retail bakery, drug store, confectionery store,'personal service stores or parlors, moving picture theaters and uses similar to the above. 3. Public garages, service stations, and recreational enterprises are allowed, and all wholesale and retail mercantile establishments; and manufacturing establishments employing not more than ten(10) persons shall be permitted. Auto wrecking yards or yards used for the storage of used cars shall not be permitted except upon permit obtained from the (bmmission, which such permits shall not be issu6d for periods exceeding three (3) years, but may be renewed upon new application. Laundries and cleaning establishments in operation at the time of effect of this ordinance shall be permitted. Lumber yards, coal and fuel yards, shall not be permitted. The storage of gasoline and oils for resale at wholesale is prohibited, but their storage in quantities sufficient only for sale at retail in connection with any service station or garage is permitted. Machine shops and warehouses shall not be permitted except upon permit obtained from the Commission, which may be issued after a hearing upon application therefor, and an.examination of the premises by the Commission and its determination that such machine shop or warehouse will not be unduly detrimental to adjoining enterprises by the emission of dust, noise or vibration. The Commission may permit the location in Commercial District, C-1, of any enterprise commonly carried on in the business districts of towns of similar size where the Commission deter- mines that such enterprise in such Commercial District would not be for any reason detrimental to the best interests of the City of Pasco and the inhabitants thereof. Provided, that after the effective date of this ordinance, no building shall be erected or structurally altered to provide for service stations or public garages on Lewis Street, between the center line of Third. Street and the center line of Fifth Street; nor on Fourth Avenue, between the center line of Shoshone Street and the center line of Columbia Street. And provided, further, that all service stations and garages located in Commercial District, 0-1, must be equipped with sani- tary lavatory and toilet facilities for both men and women, separate and apart from each other, and such facilities shall be an integral part of the main building, and not separate or detached therefrom. - 4 - HEIGHT LIMIT: Whenever any C-1, Commercial District is located within or is adjacent to, on two or more sides, any R-1, Residen- tial District, the buildins in such C-1, Commercial District shall be limited to one (17 story in height, provided however, that the Commission may allow a building to be erected to an addi- tional height not exceeding two additional stories, by special permit after public hearing and examination of the location upon due proof to the satisfaction of the Commission that such addi- tional height will not be unduly detrimental to adjacent and sur- rounding property. FRONT, SIDE, AND REAR YARDS: Front and rear yard to be the same as required for the district within whose boundaries the 0-1, Commercial District is located. No side yard. is required: except for corner lots along the side flanking a public street and also for lots whose side line adjoins a residential district. In such cases the side yards indicated for the surrounding residential districts shall be required. Section 7. 11-1, Manufacturing District. In the 14-1, Manufacturing District, all buildings and premises may be used for any use except the following: 1. Abattoirs. 2. Acetylene Gas manufacture or storage. 3. Acid ;manufacture. 4. Ammonia, Bleaching powder or Chlorine manufacture. 5. Arsenal. 6. Asphalt manufacture or refining.. 7. Blast Furnace. 8. Bag cleaning. 9. Celluloid manufacture. 10. Coke Ovens. 11. Crematory. 12. Creosote treatment or manufacture. 13. Distillation of Bones, Coal or Wood. 14. Fat rendering.,. 15. Fertilizer manufacture. 16. Fireworks or Explosive manufacture or storage. 17. Fish Smoking and Curing. 18. Glue, Size or Gelatine manufacture. 19. Gunpowder manufacture or. storage. 20. Incineration or Reduction of Garbage, Dead Animals, Offal or Refuse. 21. Oilcloth or Linoleum manufacture. 22. Ore Reduction. 23. Paint, Oil, Shellac, Turpentine or Varnish manufacture. 24. Potash Works. 25. Rock Crusher. 26. Rolling Pill. 27. Rubber or Gutta Petcha manufacture or treatment. 28. Smelters. 29. Soap manufacture. 30. Stock Yards. 31. Stone Uill or Quarry 32. Storage or Bailing of Scrap Paver, Bottles, Iron, Rags or Junk. 33. Sulphuric, Nitric or Hydrochloric Acid manufacture. 34. Tallow, Grease or Lard manufacture or refining from animal fat. 35. Tanning, Curing or storage of Raw Hides or Skins. 36. Tar Distillation or manufacture. 37. Tar Roofing or Water Proofing manufacture. 38. And in general those uses which have been declared to be nuisances in any court of record, or which may be obnoxious or offensive by reason of emission of odor, dust, smoke, gas or noise. FRONT YARD: No front yard is required. - 5 - REAR YARD: No rear yard is required except where a manufacturing District abuts on a Residential District with no intervening street or alley, in which case a rear yard of not less than ten (10) feet is required. SIDE YARD: No side yard is required except where a manufacturing district adjoins a r6sidential district with no intervening street or alley, in which case the side yard requirements on the adjoining side shall be the same as required for the R-2, Residential.District. Height Limitations In the R-1, Residential District, no building shall exceed a height of thirty-five (35) feet nor two (2) stories. In the R-2, Residential District, no building shall exceed a height of Sixty-five (65) feet nor five (5) stories. In all other districts except the C-1, Commercial District, no building shall exceed a height of eighty (80) feet nor six (6) stories. GENERAL PROVISIONS Section 9. . Front, Side and Rear Yards. 1. Front Yard: Where any front yard is required, no building shall be hereafter erected or altered so that any portion thereof bhall be nearer the front property line than the distance indicated by the depth of the required front yard. Exceptions: Eaves, cornices, steps, terraces, platforms and porches having no roof covering and being -not over forty-two inches in height may project within the said front yard. Fences not over forty-two inches high may be built within a front yard. When forty (40) per cent or more, on front foot basis, of all the property on one side of a street between two intersecting streets at the time of passage of this ordinance, has been built up with buildings having a minimum front yard�or more,,or of less depth than that established by this ordinance and provided that the majority of such front yards do not vary more than six feet in depth, no building shall be built within or shall any portion, save as above excepted, project intojsuci minimum front yard; provided further that no new buildings be required to set back more than thirty-five (35) feet from the street line in the R-1, Residential District, nor more than fifteen (15) feet from the street line in the R-2, Residential District, nor more than two (2) feet farther than any building on an adjoining lot�and that this regulation shall not be so interpreted as to reduce a required front yard to less than ten (10) feet in depth. 2. Side Yard: Where any specified side yard is required, no building shall be hereafter erected or altered so that any portion thereof shall be nearer to the side lot line than the dis- tance indicated by the width of the required side yard. Exceptions: Eaves and cornices may extend over the required side yard for a distance of not more than two (2)_ feet. Accessory buildings -when erected so that the entire building is within a distance of thirty (30) feet from the rear lot line, may also occupy the side yard on an inside lot line. Fences not over forty-two (42) inches high may occupy a side yard. The Commission may upon the joint request of the owners of adjoining properties, permit the erection of private garages or other outbuildings upon or immediately adjacent to the division line between the two properties, after an examination of the loca- tion and the making of a finding that the granting of such permis- sion will not be unduly detrimental to adjacent and surrounding property nor to the zone in which such permission is granted. Permits granted under the foregoing provision shall be limited to the life of the structure or structures for which the permit is issued. _ 3. Rear --Yard: There any specified rear yard is required, no building shall be hereafter erected or altered so that any portion thereof may be nearer to the rear lot line than thedistance indicated by the depth of the required yard. Exceptions: Eaves, cornices, stoops, platforms and rear norches, whether enclosed or not�but not exceeding in width one-half that of the building nor more than one story in height, may extend into the rear yard. Accessory buildings may be built within a rear yard. ADMINISTRATION AND ENFORCELENT Section 10. Interpretation and Application. 1. In interpreting and applying the provisions of this ordinance they shall be held to be the minimum requirements for - 7 - the promotion of the public health, safety, morals and general welfare; therefore where this ordinance imposes a greater restric- tion upon the use of the buildings or premises, or upon the height of buildings, or requires larger open spaces than are imposed or required by other laws, ordinances, rules or regulations, the provisions of this ordinance shall control. 2. Furthermore, recognizing that there are certain uses of property that may, or may not, be detrimental to the public health, safety, morals and general welfare, depending upon the facts of each particular case, a limited power to issue permits for such uses is vested, by specific mention in this ordinance, in the Com- mission, subject om-mission,subject to review by the City Council as herein provided. Subject lo such review, the Commission (or the Council on review) shall have power to place in such permit conditions or limitations in fts judgment required to secure adequate protection to the zone or locality in which the use is to be permitted. Likewise subject to such.review, the Commission (or the Council on review) shall have power to terminate any such permit, upon complaint and public hearing, for any violation of the terms or limitations therein prescribed. - I.. 3. The Commission may permit in a zone any use not described in this ordinance and deemed by the Commission to be in general keeping with the uses authorized in such zone. 4. The Commission may grant in undeveloped sections of the City, temporary and conditioned permits for not more than two-year periods, for structures and uses that do not conform with the regu- lations herein prescribed for the zones in which they are located. 5. In specific cases the Commission may authorize by permit a variation of the application of the use district regulations herein established, in harmony with their general purpose and intent, by granting a permit for a temporary building for commerce and industry in a residence district, which is incidental to the resi- dential development, such permit to be issued for a period of not more than one year. 6. The Commission may, in specific cases where the topography of the premises or the location of buildings existing prior to the passage of this ordinance makes compliance with the provisions governing the location of private garages impossible, grant a special permit for a private garage to be located nearer to the street line than sixty feet but in any case where such location is within a required front or side yard, the highest point of a building so located shall not be more than thirty (30) inches above the average level of the ground on the side farthest from the street line. 7. It shall be the duty of the Commission: (a) To interpret the provisions of this ordinance in such a way as to*carry out the intent and purpose of the plan thereof, as shown by the maps fixing the several districts. (.b) To rule on the proper application or to interpret the meaner of the zoning ordinance in case there is a dispute between the administrative officials of the City and any owner or owners) of property. Appeal to the Commission may be made within ten days from such ruling. Appellant shall file with the building inspector and with the Commission written notice of the appeal. The building inspector shall forthwith transmit to the Commission all papers constituting the record upon which the action'appealed from was taken, and in addition thereto the Commission may receive such additional evidence as seems to it relevant. Section 11. ADoeals to City Council Any interested citizen or administrative officer of the City may appeal to the City Council from any ruling of the Commission pertaining to the granting or denial of any permit applied for here- under when such ruling is adverse to his interests, by filing with the Secretary of the Commission within ten (10) days from such ruling a written notice of appeal. Thereupon the Secretary of the° Commission shall forthwith transmit to the City Council all papersr" constituting the record upon which the action appealed from was taken and in addition thereto, the City Council may at its hearing receive such further evidence as seems to it relevant. Upon due and public hearing, the City Council shall have power to over -rule or alter any such ruling of the Commission pertaining to the grant- ing or withholding of any permit so applied for. - 9 - Section 12. Boundaries of Districts. The boundaries of the various districts herein provided for shall be as follows: 1. Residential District, R-1: Starting at a point on the north- erly boundary of the said City at a point 150 feet east of the Northwest corner of Lot 16 in Northern Pacific First Addition to Pasco, Washington; thence running south on a line parallel to the eastern line of North Fourth Avenue and parallel with the eastern line of North Third Avenue and continuing south, parallel with the said eastern line of North Third Avenue, to the center line of Shoshone Street; thence west on the center line of Shoshone Street to the center line of North Fifth Avenue; thence south to the alley running east and west between Bonneville Street and Clarke Street; thence west to Seventh Avenue; thence south to the center line of Clarke Street; thence west on the center line of Clarke Street to North Tenth Street; thence north on the center line of North Tenth Street to the intersection of Yakima Street and Murray Avenue; thence north on Murray Avenue to Sylvester Street; thence west on Sylvester Street to Lucus Street; thence north on Lucus Street to Henry Street; thence east on Henry Street to Aurelia Street; thence north on Aurelia Street to the northerly limits of the City; thence east along the north- erly boundary of the City to the place of beginning. All the property within the boundaries above-described is hereby declared to be in Residential District, R-1, and subject to all the restrictions and regulations in this ordinance provided for Residential District, R-1. 2. Commercial District, C-1: The following -described property shall be and is hereby declared to be in Commercial District, C-1, to -wit: Beginning at the intersection of East Columbia Street and Tacoma Avenue; thence west along the center line of said Columbia Street to Sixth Avenue; thence north along the center line of Sixth Avenue to Clarke Street; thence east to Fifth Street; thence north to the center line of West Shoshone Street; thence east along the center line of West Shoshone Street to Third Avenue; thence south on Third Avenue to Bonneville Street; thence east on Bonneville Street to Tacoma Avenue; thence south on Tacoma Avenue to the place of beginning. All property within the lines so described shall be deemed to be in- cluded in Commercial District, C-1, and subject to all the restrictions and provisions in this ordinance provided for such Commercial District, C-1. 3. Manufacturing District, Pf-1: All the following described property shall be included in Manufacturing District, M-1: Beginning at the center of the intersection of West Columbia Street and Tacoma Avenue and proceeding west along the center line of Columbia Street to Tenth Avenue; thence south on the eastern line of Tenth Avenue to a point 120 feet north of the north line of "A" Street; thence east on a line running parallel to the north line of North "A" Street to the intersection with South First Street; thence south to the north line of "A" Street; thence east on the north line of "A" Street to South Front Street; thence north along the center line of Front Street to the intersection with the center line of Columbia Street; thence west to the place of beginning. - 10 - All property included within said boundaries are to be subject to the restrictions and provisions in this ordinance provided for Manufacturing District, M-1. 4. Residential District, R-2: All property within the corporate limits of the City of Pasco not described as being within the boundaries of Residential District, R-1, or of Commercial Dis- trict, 0-1, or Manufacturing District, 11-1, shall be and is hereby declared to be in Residential District, R-2, and shall be subjected to all the regulations and.restrictionsiprovided for such Residen- tial District, R-2. Provided, however, that property of the Northern Pacific Railway Company lying north of Columbia Street and east of Tacoma Avenue and west of North Front Street and extending north to the City Limits is hereby expressly excluded from the provisions of this ordinance. To facilitate the understanding of the territory embraced within 'the various districts herein provided for, the Commission has caused to be prepared a map of the City of Pasco on which is indicated, in appropriate colors, the boundaries of the said several districts, which said map has been authenticated by the signatures of the Chairman and Secretary of the Commission and placed on file in the office of the City Clerk. In the event of any dis- crepancy between the boundaries as indicated upon such map and the boundaries as described in this ordinance, the provisions of the ordinance shall prevail. Section 13. Enforcement. It shall be the duty of the Building Inspector to see that this ordinance is enforced through the proper legal channels. He shall issue no permit for the construction or alteration of any building or part thereof unless the plans, specifications and in- tended use of such building conform in all respects with the pro- visions of this ordinance. Plats: All applications for building permits shall be accomp- anied by a plat in duplicate drawn to scale, showing the actual dimensions of the lot tybe built upon, the size, use and location of existing buildings and buildings to be erected, and such other information as may be necessary to provide for the enforcement of this ordinance. A careful record of such application and plats shall be kept in the office of the building inspector or proper enforcement official. Section 14. Amendments. 1. The City Council may, upon proper petition and after public hearing and with the concurrence of the planning commission, change by ordinance the district boundary lines or zone classifications as shown on the district maps. 2. The City Council may, upon its own motion and after public hearing and with the concurrence of the planning commission, amend, supplement or change by ordinance the regulations herein established. 3. A petition for change of zone classification or district boundary lines shall carry the consent of the owners of not less than fifty-one (51) per cent (by area) of all property within a_ distance of two hundred (200) feet, streets and alleys excluded, of the proposed district, and having frontage upon any street passing through or adjoined by the proposed district. In calcu- lating such areas the portion of any property lying at a. distance of more than one hundred fifty (150) feet from a street upon which its frontage, for the purpose of this section, is based, shall be excluded and not considered in the petition. Any property lying within a district of equal or less restrictive character than that petitioned for, shall not be included in calculating areas on such petition. Section 15. Completion and Restoration of Existing; Buildings. Nothing herein contained shall require any change in the plans, construction, designated or intended use of a building, for which a building -permit has heretofore been issued, or plans for which are now on file with the building inspector and a permit for the erection of which is issuea,within three (3� months of the adoption of this ordinance and the construction of which in either case shall_ have begun and been diligently prosecuted within three (3) months of the adoption of this ordinance, and which building shall be entirely completed according to such plans as filed, within one year from the adoption of this ordinance. Nothing in this ordinance shall prevent the restoration of a building within a period of one year from the date of its des- truction, which has been partly destroyed to the extent of not more than fifty (50) per cent of its assessed value, by fire, - 12 - explosion, act of God, or act of the public enemy, subsequent to the passage of this ordinance,)or prevent the continuance of the use of such buildings, or pa.rtSthereof. The ]awful use of the land existing at the time of the passing of this ordinance, although such use does not conform to the pro- visions of this ordinance, may be continued; but if such non- conforming use is discontinued for a period of one year or more, any further use of those lands and premises shall be in conformity with the provisions of this ordinance. Section lo. Certificate of Occupancy. No vacant land shall be occupied or used and no building hereaftef; erected shall be occupied or used, nor shall the use of a building be changed from a use limited to one district to that of any other districts as defined by this ordinances until a certifi- cate of occupancy shall have been issued by the building inspector. No permit for excavation for any building shall be issued before the application has been made for certificate of occupancy. Land: Certificate of occupancy for the use of vacant lands or the change in the use of land as herein provided, shall be applied for before any such land shall be occupied or used and a certificate of occupancy shall be issued within ten days after the application has been made, providing such use is in conformity with the pro- visions of these regulations. Non -conforming uses: Upon a written request of the owner, the building inspector shall issue a certificate of occupancy for any building or land existing at the time of this ordinance taping effect, certifying, after inspection, the use of the building or land and whether such use conforms to the provisions of the ordi- nance. Where a plat as above provided is not already on file, an application for a certificate of occupancy shall be accompanied by a survey in duplicate form, such as is required for a permit. Section 17. Validity.. Should any section, clause or provision of this ordinance be declared by the courts to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid. Section 18. Conflicting Provisions. That all ordinances or parts of ordinances in conflict here- with be and the same are hereby repealed. Section 19. Violations and Penalties. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resist the enforcements of any of the provisions of this ordinance shall be deemed guilty - 13 - of a misdemeanor and shall be fined in apysum not more than fifty (50) dollars or imprisoned in the city jail for a term of not exceeding thirty (30) days, for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 20. When Effective. This ordinance shall take effect and be in force five (5) days from and after its passage and approval. Passed and approved this A0 d ATTEST: i ty l erg. - 14 - ORDINANCE NO. 762 AN ORDINANCE TO AMEND SECTI N ONE OF ORDINATE N0.4144, APPROVED AUGUST 3, 1939,_ MEND 1_NG_ QRD I NANCE NO. _435, PERTAINING TO REGULATIONS AND ACSTRIM:ONS OF THE LOCATION AND USE OF BUILDINGS AND LAND WITHIN THE CITY OF PASCO, ;PROVIDING FOR THE CREATION OF TWO ADDITIONAL DISTRICTS TO BE KNOWN AS COMMERCIAL DISTRIC S C-2 and C-3, AND PROVIDING FOR THE REGULATION AND USE OF THE BUILDINGS AND LAND WITHIN SUCH COMMERCIAL DiSTRIC`t'S C-2 and C-3. THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: SECTION 1. Section 1, Ordinance No. 444, approved August 3, 1939, is amended to read as follows: SECTION 1: That Section six of Ordinance No. 435 be and the same is hereby amended by adding thereto, two additional sections, to be known as Section 6-A and 6-B, and to read as follows: Section 6-A: There is hereby created Commercial District C-2 and Commarcial District': C-3, and the regulations and restrictions in said commercial districts C-2 and C-3 shall be.as follows: In such districts, any use permitted in Residential District R-2 shall be permitted. in addition thereto the following uses are permitted: The building and cperation of tourist cabins, cottages, lodging houses, apartments, and hotels for the overnight accom- odations for the traveling public; service or gasoline stations for the servicing of"motor vehicles with motor and fuel oils, gasoline, water, car washing, emergency repairs, and the sale of motor vehicle accessories. Small stores, fruit stands and confectioneries, lunch rocros and lunch counters, and soft drink establishments are also permitted. Garages other than for the overnight. storage of cars for the accomodation of the traveling public are prohibited, provided however, the Comm- issian may issue permits for periods of not longer than two years, on such conditions as the Commission may establish for the conduct of machine or repair shops for the repair of motor vehicles. The Commission may permit the location in commercial districts C-2 and C-3, of any enterprise commonly carried on in the business sections of towns of similar size where the Comm- ission determines that such enterprise in such commercial section would not be for any reason detrimental to the best interest of the City of Pasco and the inhabitants thereof. _Section 6-13: In Commercial Cistricts C-2 and C-3 all buildings shall be set back from the property line of the street on which they face not less than fifteen (15) -feet, and shall be provided with front, side, and rear yards, not less than, in extent, those required for buildings in residential district R-2. Before the issuing of any permit for the ereetion or alteration of any building in Commercial District C-2 and C-3, it shall be the duty of the Building inspector to require of the applicant a statement in writing, duly signed by the applicant, giving a complete outline of what the applicant proposes to erect, or what alterations or changes he proposes to make in the existing structure, together with the plan for the improvement of the grounds surrounding such new or old structure, and t, --.e uses to which such structures are to be put. if the Building Inspector, from such statement shall be satisfied that such proposed nsw or old structure, when so built or altered and put to the said proposed usage, will not be unsightly or displeasing to the eye of the passerby. The Building inspector before the issuing of any such permit, may require of the applicant reasonable security by way of bond or deposit to be made to the �� 4l ^ r � ORDINANCE NO. 762 AN ORDINANCE TO AMEND SECTI N ONE OF ORDINATE N0.4144, APPROVED AUGUST 3, 1939,_ MEND 1_NG_ QRD I NANCE NO. _435, PERTAINING TO REGULATIONS AND ACSTRIM:ONS OF THE LOCATION AND USE OF BUILDINGS AND LAND WITHIN THE CITY OF PASCO, ;PROVIDING FOR THE CREATION OF TWO ADDITIONAL DISTRICTS TO BE KNOWN AS COMMERCIAL DISTRIC S C-2 and C-3, AND PROVIDING FOR THE REGULATION AND USE OF THE BUILDINGS AND LAND WITHIN SUCH COMMERCIAL DiSTRIC`t'S C-2 and C-3. THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: SECTION 1. Section 1, Ordinance No. 444, approved August 3, 1939, is amended to read as follows: SECTION 1: That Section six of Ordinance No. 435 be and the same is hereby amended by adding thereto, two additional sections, to be known as Section 6-A and 6-B, and to read as follows: Section 6-A: There is hereby created Commercial District C-2 and Commarcial District': C-3, and the regulations and restrictions in said commercial districts C-2 and C-3 shall be.as follows: In such districts, any use permitted in Residential District R-2 shall be permitted. in addition thereto the following uses are permitted: The building and cperation of tourist cabins, cottages, lodging houses, apartments, and hotels for the overnight accom- odations for the traveling public; service or gasoline stations for the servicing of"motor vehicles with motor and fuel oils, gasoline, water, car washing, emergency repairs, and the sale of motor vehicle accessories. Small stores, fruit stands and confectioneries, lunch rocros and lunch counters, and soft drink establishments are also permitted. Garages other than for the overnight. storage of cars for the accomodation of the traveling public are prohibited, provided however, the Comm- issian may issue permits for periods of not longer than two years, on such conditions as the Commission may establish for the conduct of machine or repair shops for the repair of motor vehicles. The Commission may permit the location in commercial districts C-2 and C-3, of any enterprise commonly carried on in the business sections of towns of similar size where the Comm- ission determines that such enterprise in such commercial section would not be for any reason detrimental to the best interest of the City of Pasco and the inhabitants thereof. _Section 6-13: In Commercial Cistricts C-2 and C-3 all buildings shall be set back from the property line of the street on which they face not less than fifteen (15) -feet, and shall be provided with front, side, and rear yards, not less than, in extent, those required for buildings in residential district R-2. Before the issuing of any permit for the ereetion or alteration of any building in Commercial District C-2 and C-3, it shall be the duty of the Building inspector to require of the applicant a statement in writing, duly signed by the applicant, giving a complete outline of what the applicant proposes to erect, or what alterations or changes he proposes to make in the existing structure, together with the plan for the improvement of the grounds surrounding such new or old structure, and t, --.e uses to which such structures are to be put. if the Building Inspector, from such statement shall be satisfied that such proposed nsw or old structure, when so built or altered and put to the said proposed usage, will not be unsightly or displeasing to the eye of the passerby. The Building inspector before the issuing of any such permit, may require of the applicant reasonable security by way of bond or deposit to be made to the S City Treasurer, that such alterations or improvements will, In fact, be carried out in accordance with the applicant's statemefic of intentions. Any person feeling aggrieved because of the Building Inspector's refusal to grant any permit may appeal to the Commission and the Commission, after a hearing, may grant such permit, on such condition or conditions as the Commission shall fix. Appeal from the decision of the Commission to the City..Council may be had as No. oppeais are provided for, under the provisions of Ordinance No. 435. SECTION 2: This Ordinance shall take effect five (5) days from and after its passage and publication. PASSED AND APPROVED by the City Council this 4th. day of August , 1953. APPROVED iq the Maycr this *n. day of August , 1953. ATTE ST : _/s/ Adah_ M. Perry c°ty C1E.rk. APPROVED AS TO FORM: /s/ Richard G. Patrick City Attorney /s/ Harry V. Custer Mayor