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HomeMy WebLinkAbout0888 OrdinanceP• 0 R D I N A N C E # 888 Died SBS ORD-INANCE NO. AN ORDINANCE REPEALING SECTIONS 10, 11, AND 13 THRCQJGH 19 INCLUSIVE OF ORDINANCE NO. 435, ALL OF ORDINANCE NO. 655, AND ALL OF PASCO CITY CODE 5-8 AS IT EXISTS BEFORE THIS ORDINANCE BECOMES EFFECTIVE, AND BEING AN ORDINANCE PROVIDING FOR A BOARD OF ADJUSTMENT AND SETTING FORTH THE ADMINISTRATION AND ENFORCEMENT PROVISIONS OF THE ZONING REGULATIONS OF THE CITY OF PASCO. THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: 1. INTERPRETATION, GENERALLY. In interpreting and applying the provisions of this Chapter, they shall be held to be minimum re- quirements adopted for the.promotion of the public health, safety, comfort, convenience and general welfare. These provisions have been adopted in conformity with the several phases of the Comprehensive Plan of the city as provided for in the Revised Code of' Washington 35.63.100 and their interpre- tation, unless specifically stated otherwise, shall be in harmony with and aimed at carrying out the purposes of said Comprehensive Plan. The purposes to be accomplished by this Chapter are to provide adequate light, air, and access; to secure safety from fire and dis- aster and to promote defense against enemy attack; to avoid conges- tion of population or commercial activity in order to facilitate pro- vision for transportation, water, sewerage, schools, parks and other public improvements. All of the citizens of the City are intended to benefit from these provisions through the general conservation of property values, maxi- mum economical utilization of public facilities, and individual physi- cal and mental well being. 2. _INTERPRETATION, OTHER OBLIGATIONS. Except as specifically provided herein, this Chapter is not intended to repeal, abrogate, annul, or in any other way impair private restrictions placed upon property by covenant, deed, or other agreement; or any existing provi- sions of other laws, ordinances or regulations. Where this Chapter im- poses a greater restriction upon the use of land or buildings and the -1- construction of buildings than are required by such existing provisions of law, ordinance, regulations, private restrictions or otherwise, then the provisions of this Chapter shall control. 3. ANNEXATION. Any land annexed to the City of Pasco subse- quent to the fi l i`ng of she zoning map or any revisions thereof, shall be immediately placed In a classification found in -'Chis Chapter most nearly th.e same as the classification which was in effect upon the land under provisions of the Franklin County Zoning Resolution. If no simi- lar zone exists, the next more restrictive classification shall apply. The initial classification shall be determined by the Building Inspec- tor, with f'inal determination in case of dispute, made by the Planning Commission. As soon as practical after the effective d,ate of th.e annexation, the Planning Commission shall cause a study to be made of the area and prepare an amendment as provided by this Chapter, to place the land annexed within the zoning clas-sifications provided for in this Chapter. 4. CCWLETION OF STRUCTURES UNDER PERMIT. Any structure actually under construction under a permit from the Building Inspector of the City of Pasco or from the Building Inspector of Franklin County in the case of an annexation, may be completed under the regulations in ef'f'ect f'or that parcel of land at the time construction was begun. Buildings under permit, but upon which no construction has begun at the time of annexation or at the time of an amendment to this Chapter, shall be con- structed in compliance with this Chapter and any amend.meznts thereto. Minor site preparations shall not be construed to create a vested inter- e.st in a building permit. This provision shall not be construed to modify any more restrictive provisions of the Building Code of the City of Pasco. 5. NON—CONFORMING USES) GENERAL. The lawful use of any land or building existing at the ef'f'ective date of this Chapter or subsequent amendments thereto may continue, although such use does not conform to the regulations sp,ecif'ied by this Chapter f'or the zone in which such land or building Ls located; subject,.however, to the following condi- tions: Irz t 6. NON -CONFORMING AS TO TYPE OF USE. No non -conforming use of land shall be enlarged or increa-sed, nor shall any non -conforming use be extended to occupy a greater area of land, nor shall any non-conf'orm- ing use b'e moved to any other part of the parcel of land upon which the same is conducted, nor shall any building In which any n.on-conf'orm- Ing use is conducted be enlarged, structurally altered or moved, ex- cept f'or a use permitted in the District, and subject to all the regu- latio:ns specified by this Chapter f'or the zone In which such building is located. A non -conforming use of a portion of a building existing at the effective date of this Chapter may be extended throughout the building, provided no structural alterations, except those required by ordinary repair or regulations or law are made therein. A non -conform- ing use may not be changed to another non -conforming use unless the new use is of a higher classification or comes more nearly meeting the re- gulations for the zone In which it is located .than the use which It is replacing. 7. NON -CONFORMING AS TO OTHER REQUIREMENTS. Any structure con- forming as 'to use but non -conforming in respect to height, lot area, yards or lot coverage, at the e.f'fective date of this Chapter may be altered or repaired or extended, provided that such alteration or repair or extension shall not cause such building to exceed the existing degree of non-conformance. 8. TERMINATION OF NON -CONFORMING USE, BUILDINGS. If' a non -conform- ing use is conductedin a permanent buildi-ng and ceases f'or a continuous period of one year, any subsequent use of such building, or of the land upon which the same is situated, shall be in conformity with the regu- lations specified by this Chapter for the zone in which such building and land are located. 9. TERMINATION OF NON -CONFORMING USE, LAND. If a non -conforming use conslsl.s of the u:se of Land, or of a building other than a perman- ent building, and such use ceases for a continuous period of thirty (30) days, any subsequent use of such land or of such building shall be in conformity with the regulations specified by this Chapter f'or the zone in which such land and buildings are located. -3- 10. NON -CONFORMING USE, RECONSTRUCTION. If' a building in which a non -conforming use is conducted shall be destroyed to an extent ex- ceeding fifty (50) per cent of its current f'air market value, any sub- sequent use of such building, o.r of the land on which the same is situ- ated, shall be inconformity to the regulations specified by this Chapter f'or the zone in which such building and land are located. In determin- ing the fair market value of a building, its assessed value shall be multiplied by the assessment ratio of the county as determined by the State Tax Commission, 11. NON -CONFORMING USES, OBSOLETE BUILDING. If a building in which a non -conforming use is conducted shall become obsolete or sub- standard under any applicable regulations and the cost of placing such building in lawful compliance with the applicable regulations exceeds fifty (50) per cent of the replacement cost of such building, any sub- sequent use of such building, or of the land on which the same is situated, shall be in conformance with the regulations specified in this Chapter for the zone in which such build ng and land. are located. 12. ILLEGAL USES. Nothing in the foregoing paragraphs dealing with non -conforming uses shall be construed to create a vested right In any activity established contrary to ordinance or law in effect at the time of establishment. 13, ENFORCEMENT, BUILDING INSPECTOR, The Building Inspector of the City of Pasco shall be re:sponsi.ble for enforcing this Chapter. The Building Inspector and his duly authorized assistants shall have the right to enter any building or enter upon any land in the course of their duties. 14. ENFOR�CEME�NT, PERMITS. At the time of issuance of any building permit, compliance with the provisions of this Chapter shall be checked and a notation of compliance in'd1cated on the building permit. 15. ENFORCEMENT, CERTIFICATE OF OCCUPANCY. The issuance of a building permit shall be in fact an application for a certificate of- occupancy. foccupancy. Said certificate of occupancy shall be issued after comple- tion of the structure and before occupancy. The certificate of occu- pancy shall form part of the file and a'required supporting document for -4- the issuance of a new business license by the City Clerk, provided, how- ever, that certificates of' occupancy for businesses operating under a special permit from the Planning Commission or the Board of Adjustment shall be renewed yearly. Certificates of occupancy shall be required in any and a.11 of' the following cases except that no certificate of oc- cupancy need be issued for any one, two or three family dwelling. 1. Occupancy and use of a building hereafter erected, struc- turally altered or moved; 2. Change in the use of an existing building; 3. Establishment of a use in a vacant building; 4. Occupancy and use of vacant land,, except for any use con- sisting primarily of tilling the soil; 5. Change in the use of land, except for any use consisting primarily of tilli;ng the s:o.11. 16. BOARD OF ADJUSTMENT, CREATION OF. A Board of Adjustment is hereby established and shall hereinafter be referred to as the "Board". The Board shall be a, body of limited juri-sdiction which may make, in appropriate cases and subject to appropria+e conditions and safeguards established by this Chapter, special exceptions in harmony with the gen- eral purposes and intent and in accordance with general and specific rules herein contained 17. PURPOSES OF THE BOARD.. Special exceptions referred to in the paragraph above and specified in RCW 35.63.080, shall include the fol- lowing general classifications: 1.. Appeals from the opinion of the Building Inspector in interpret in;g the viord in.g . of this Chapter after a building or occupancy permit has been applied for and refused by said Building Inspector, or by an affected property owner opposing the issuance of a building C., Variance.s to the strict wording of this Chapter in cases of unusual hardship as specified herein and after a building permit has been applied for and refused by the Building Inspector. 3. D'ete.rm1nation that conditions lof this Chapter have been met in allowing for special property uses as may be specified in the text of this Chapter or amendments thereto. -5- 18. BOARD MEMBERSHIP,TERM AND COMPENSATION. The Board shall eon- - y sis.t of five (5) members, all of whom shall serve without salary. Mem- bers shall be appointed by the Mayor with the consent of the Council and shall consist of citizens who have a knowledge of the purposes of zoning. One of such members shall be or have recently been a member of the real estate sa1E;.s, management, or mortgaging group of occupations and another shall be or have recently been a member of the general grouping of build- ing contractors, building tradesmen or building materialmen. The Board shall elect, its own chairman. The Mayor shall fill any vacancy of the Board by appointment for the remainder of the unexpired term with the consent of the Council. The initial membership shall consist of one member appointed for one year, one for twoyears, one for three years,, and two for four years; and each appointment thereafter shall be for four years. Members of the Board may be removed by the Mayor with the approval of the Council, for such causes as he may deem sufficient and which shall. be set fcrth in a letter filed with the Council. 19. JURISDICTION. REVIEW OF DECISIONS OF BUILDING INSPECTOR. The r Board may review any interpretation of the provisions of the zoning or- dinance made by the Building Inspector, and any order, requirement, de-' cision, or determination relating thereto, in the application of the specific prov-is ions of the zoning ordinance to any parcel of land and/ or structure. The Board.may affirm or reverse in whole or in.part the determination of the Build i.ng Inspector, and to that end shall have all the powers of the Building Inspector. Any such appeal shall be filed with the Board within thirty (30) days after the Building Inspector ren- ders his decision. 20. JURISDICTION, VARIANCES. Where there are unnecessary hard- ships and practical difficulties which render it difficult to carry out the provisions of the zoning ordinance, the Board s,ha. l have power to grant a variance in harmony with the general purpose and intent of the provisions herein contained, and such variances may vary any rules, regulations, or provisians of the zoning ordinance relating to the use of land and/or structures and any construction, structural or equipment changes, or alterations of structures relating to the zoning ordinance, M so that the spirit of the ordinance will be observed, public safety se- cured, and substantial justice done. However, the Board shall not vary any of the rules, regulations, or provisions of the ordinance unless it shall find that all of the followi.ng conditions exist in each case: 1. That the land and/or structure 'in question cannot be reasonably used, and cannot yield a reasonable return, if u.se.d only for the purposes permitted and in accordance with other requirements in the zone in which the land and/or structure is located; 2. That the p,l ight of the owner is d:ue to unique circumstances which are riot the general condition of the neighborhood, and are not the result of the owner's action; 3. That the use requested by the appellant, if established, will not be of a general classification differing from the use provi- sions of the zone in which the land and./or structure is located. 21. ,JURISDICTION, SPECIAL PROPERTY USES. The Board shall have and exercise original jurisdiction in receiving, granting, or denying all requests for special property uses provided for herein, after pub- lic ub1ie hearing, and a finding by the Board that the coed it ions of the or- dinance upon which these special uses are permitted, have been fulfilled, and after the Bu'l ld ing Insp.ecto:r has found that the provisions of a.11 other ordinances with which compliance is required have been fulfilled. 22. MEETINGS. The Board shall set a regu.lar monthly time and place for meeting, provided however that meetings need not be held when no requests for action have been filed with the Board. The Chairman may call such additional meetings as necessary when properly advertised according to law. It may adopt its own rules of procedure when not in conflict with the provisions of this Chapter. 23. QUORUM. A quorum shall consist of three members provided that there shall be an affirmative vote of three members to affirm a decision of the Building Inspector and an affirmative vote of four members to re- verse any decision of the Building Inspector. All other, act ions sha.l l require an affirmative vote of three members. There shall be a roll call vote on each final determination. 24. INITIATfiON OF ACTION. Any person or persons aggrieved, or any officer or official of any department, board or commission of the city, -7- jointly or severally, may be the appell°ant, and may make a request to the Board for relief from any provision of the zoning ordinance or any determination of the Building Inspector in the application of the zon- ing ordinance to the appellant's land and/or structure or in any case Where such decision or determination in regard to the .land and/or struc- ture of a third party materially affects the value and desirability of the appellants land and/or structure., or for the establishment of a special property use. The Board may initiate a review of the Building Inspector's interpretation of the provisions of the zoning ordinance on Its own motion. 25. PILING PROCEDURE. Application for the establishment of a special property use shall be filed directly with the Secretary of the Board. In applying for a variance or an appeal from the decision of the Building Insp.ecto.r, the appellant shall first obtain a refusal to issue a permit or an adverse decision in regard to the issuance of a permit from the Building Inspector, before filing an appeal with the Secretary. The appellants application shall set forth the reasons why he is aggrieved and reasons t.o support his position. Each application shall be accom- panied by a fee of Ten ($10.00) Dollars, no part of which shall be re- turned. Upon notice of an appeal, the Building Inspector shall trans- mit all papers: constituting the record of the decision in question to the Board. The application shall be set for hearing by the Secretary at the earliest regular meeting of the Board for which proper notice can be given or at such earlier meeting for which proper notice can be given as may be directed by the Chairman of the Board. 2,6. HEARINGS. Each final action on an application before the Board shall be preceded by a public hearing, notice of which shall be given by publication once in the official newspaper of the ci.,ty and by posting conspicuously in three (3) places in the vicinity of the land and/or structure in question at least ten (10) days before the time of the hearing. Such notice shall state among other things the nature of the request. The applicant shall appear at the hearing in person, by attorney or by agent and sha.11 be prepared to give testimony in support of the application. The Board shall make its decision on the case at the time of the hearing except that when additional study and discussion is needed, one (1) continuance may be granted. The Board may adjourn any hearing in order to call for additional notice and publication or the submission of additional technical information, and the cost of such additional notification and publication shall be borne by the ap- plicant. 27. REOPENING OF CASES. The Board +'s determination in any applica- tion shall be final subject to appeal to the Superior Court. Cases may not be reopened for one year from date of decision unless there is a showing that additional evidence which would materially affect the de- cision in the case has been -discovered. Withdrawal of an application after a hearing has been advertised shall act as a bar to further appli- cation in the same matter for one year. 28 . PETITIONS OF CITIZENS. Collateral pet i tions from citizens may be submitted supporting the application, opposing it or suggesting modi- fications odi- fications in the request. Such p.et it ions shall be in such form as may be specified by the Board and shall indicate the relationship of the signer to the issue before the Board.. 29. RECORD AND ORDER. The Board shall keep a record of its pro- ceedings i•n each case which shall be a public record. Said record shall show facts supporting the Board's .ju,ri,sdiction over the matter, pertin- ent facts supporting the applicants position, pertinent facts presented in opposition and the Board's final determination in the case. Final action of the Board shall be in the form of an order which shall be mailed to the applicant within five (5) days after the meeting at which the final determination is made. 30. TIME ORDER EFFECTIVE. No decision of the Board permitting the erection or alteratJ on of a building shall be valid for a period longer than one (1) year, unless a building permit for such erection or altera- tion is obtained within such peri.od., and such erection or alteration is promptly started and proceeds to completion in accordance with the terms of the decision of the Board. No decision of the Board permitting the use of a building or land shall be valid for a period longer than one (1) year, unless such, use is established within said period; provided, how- ever, that where such use 1s dependent upon the erection or alteration of a building, such order shall continue in force and effect, if' a build - Ing permit for such erection or alteration is obtained within said per- iod, and erection and alteration is promptly started and proceeds to com- pletion in accordance with the terms of the decision of the Board. 31. MAY IMPOSE CONDITIONS. The Board may impose conditons designed for the protection of property values and the promotion of public wel- fare, as a requisite to an affirmative ruling on an application. Such Gond it ions shall be in the form of an enforceable agreemen t and filed on record with the Auditor of Franklin County. 32. APPEALS FROM DECISIONS OF THE BOARD. Any person or persons jointly or severally aggrieved by any decision of the Board, or any of- fice, departme-nt, board or commission of the City, may present to the Superior Court of Franklin County, a petition, duly verified, setting forth such decision is illegal, in whole or in part, and specifying the grounds of the illegality,. Such petition shall be presented to the Court withi;n thirty (30)' days :after the filing of the decision of the Board in its office. The,Court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. 33. STAY. An appeal from a decision of the Building Inspector stays all proceedings in furtherance of the action .appealed from unless the Building Inspector certifies to the Board, after the notice of ap- peal shall have been filed with him, that, by reason of the facts stated in the certificate, a stay would, in his opinion, cause imminent peril t.o '.li.feo:r property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be grented by the Board or by the 'Superior Court of Franklin County. The decision of the Board on a request for a s°tay shall be transmitted to the Building Inspector. 34 • :AMENDMENTS. Proe;eed i.ng,s for an amendment to this Chapter may be initiated by any of the following means:: 1. The petition of one or more persons or corporations inter- ested in the proposed amendment, which petition shall be filed with the Commission, and: shall be accompanied', by a fee of Twenty -Five ($25.00).. .Dollars, no part of which; shall be returned to the pet.i t ioner; -10- 43. For the purposes of this ordinance, the word Chapter includes the word Ordinance. 44. This Ordinance shall be in full force and effect five (5) days after its passage and publication as required by law. PASSED BY THE CITY COUNCIL OF THE CITY OF PASCO on the day of __.r.._ , 19 APPROVED by the MAYOR the day of 19 ATTEST: (CIty Clerk APPROVED AS TO FORM:: City Attorney Pub -1 ished : -13- Mayor 0