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HomeMy WebLinkAbout1203 OrdinanceORDINANCE NO. 1203 AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS FOR THE CITY OF PASCO, AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF IN ACCORDANCE WITH THE PROVISIONS OF R.C.W. 35-63, AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH. Whereas the R.C.W. 35-63, empowers the city to enact a zoning ordinance and to provide for its administration, enforcement, and amendment, and Whereas the City Council deems it necessary for the purpose of promoting the health, safety, morals, and general welfare of the city to enact such an ordinance, and Whereas the City Council, pursuant to the provisions of R.C.W. 35-63, has appointed a planning commission to recommend the boundaries of the various original districts, and appropriate regulations to be enforced therein, and Whereas the Planning Commission has divided the city into districts and has prepared regulations pertaining to such districts in accordance with a compre- hensive plan and designed to lessen congestion in the streets, to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, wafter, sewerage, schools, parks, and public requirements, and Whereqhe Planning Commission has given reasonable consideration, among other things, to the character of the districts axd their peculiar suitability for particular uses, with a view to conserving the value of buildings, and encouraging the most appropriate use of land throughout the municipality, and Whereas the Planning Commission has made a preliminary report and held public hearings thereon, and submitted its final report to the City Council, and Whereas the City Council has given due public notice of hearings relative to zoning districts, regulations, and restrictions, and has held such public hearings, and Whereas all requirements of R.C.W. 35-63, with regards to the preparation of the report of the Planning Commission and the subsequent action of the City Council have been met: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1-1 TITLE: The title shall be known as "The Zoning Ordilnance for the City of Pasco". -1- Section 1-2 PURPOSE: For the purpose of promoting health, safety, morals, and the general welfare of the community, the City of Pasco hereby regulates and restrains the height and number of stories; size of buildings and other structures; the percentage of lot that may be occupied; the size of yards, courts, and other open spaces; the density of population; the location and use of buildings; structures; and land for trade, industry, residence, and other purposes. Section 1-3 ESTABLISHMENT OF ZONES:-, For the purpose of promoting the public health, safety, morals, and general welfare of the City of Pasco, and in accordance with the provisions and objectives of R.C.W. 35-63, said city is hereby divided into the following types of zones: 1. R-1 Suburban Zone Low Density Residential District 2. R-1 Zone Low Density Residential District 3. R-2 Zone Medium Density Residential District 4. R-3 Zone High Density Residential District 5. C-1 Zone Retail Business Zone 6. C-2 Zone Central Business District Zone 7. C-3 Zone General Business District Zone 8. C -1-D Zone Designed Shopping Center Zone 9. I-1 Zone Light Industrial Zone 10. I-2 Zone Heavy Industrial Zone Section 1-4 ZONING MAP: Said districts are bounded as shown on a map entitled, "Zoning Map of the City of Pasco", which together with all explanatory material thereon, is hereby adopted by reference and declared to be a part of the ordinance. The official zoning map shall be identified by the signature of the Mayor of Pasco and attested by the City Clerk of Pasco. A true copy marked "Exhibit All shall be located in the office of the County Auditor, and shall be final authority as to the current zoning status of land and water areas, buildings and other structures of the city. In accordance with the provisions of this ordinance, if changes are made in district boundaries or other matters portrayed on the official zoning map, such changes shall be made on the official zoning map promptly after the amendment has been approved by the City Council. The amending ordinance shall provide that such changes or amendments shall not become effective until they have been duly entered upon the official zoning map. -2- In the event that the official zoning map becomes damaged, destroyed, or lost, or difficult to interpret because of the nature or number of r changes and additions, the City Council may by resolution, adopt a new official zoning map which shall supercede the prior official zoning map. No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedure set forth in this ordinance. Any unauthorized change of whatever kind, by any person or persons shall be considered a violation of this ordinance and punishable as provided under Section 11-3 of this ordinance. Section 1-5 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES: Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply: 1. Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines; 2. Boundaries indicated as approximately following platted lots shall be construed as following such lot lines; 3. Boundaries indicated as approximately following city limits shall be construed as following city limits; 4. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks; 5. Boundaries as indicated following shore lines shall be construed to follow such shore lines and in the event of change in the shore line shall be construed as moving with the actual shore line; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines; 6. Boundaries indicated as parallel'.to or extensions of features indicated in subsections 1 through 5 above shall be also construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map; 7. Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map or in other circumstances not covered by subsections 1 through 6 above, the Board of Adjustment shall interpret the district boundaries. 4 3— K Section 1-6 APPLICATION OF DISTRICT REGULATIONS: The regulations set by this ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided: 1. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered, unless in conformity with all of the regulations herein for the district in which it is located. 2. No building or other structuee shall hereafter be erected or altered: (a) to exceed the height; (b) to accomodate or house a greater number of families; (c) to occupy a greater percentage of lot area; (d) to have narrower or smaller rear yards, front yards, side yards, or other open spaces; than herein required; or in: any other manner contrary to the provisions of this ordinance. 3. No part of a yard, or other open spaces, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this ordinance shall be Included as part of"a yard, open space, or, -off-street parking or loading space similarly required for any other building, except as provided under Item 5, Section -9-00 in this ordinance. 4. No yard or lot existing at the time of passage of this ordinance shall be reduced in dimension or area below the minimum require- ments set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the minimum require- ments established by the ordinance. 5. All territory which may hereafter be annexed to the City of Pasco shall be classified in that zone most closely analogous to existing city zoning at the time of the annexation. Section 2-00 DISTRICT REGULATIONS: Section 2-1 R-1 SUBURBAN ZONE (Lois:Density.Residential District) Section 2-2 Site Area: The following lot area requirement shall apply in the R-1 Suburban Zone, except where a lot has less area than required in this section as shown by any official plat on file in the office -4- K of the County Auditor or shown by the last conveyance or record at the time of the passage of this title, these regulations shall not prohibit. one (1) private dwelling and its accessory building on such lot, provided 70% of the area of the site, excluding easements, be left in open spaces free from structures, or shall not prohibit one (1) two family dwelling provided 60% of the site, excluding easements, be left in open spaces free from structures. Section 2-3 Permitted Uses: 1. Residential dwellings 2. Public and private elementary schools, high schools, colleges, universities, public.parks and playgrounds. 3. Fire Department Station Houses. 4. Churches where off-street parking is provided as set forth in paragraph B, Section 9-00 of the ordinance. 5. Limited agricultural activities shall be permitted on all tracts of land consisting of not less than one half (J) acre of irrigated land provided that such activities shall not become of such an intensity so as to become a nuisance as defined under Section 3 of Ordinance No. 1091 of the City of Pasco. Section 2-4 Permitted Accessory Uses: 1. Private garages when located not less than 60 feet from the front property line nor less than 20 feet from any flanking street line, or when attached to or within a building, 2. Other customary uses and buildings. 3. Professional offices in a residence. Section 2f5 Permitted Conditional Uses: 1. Uses permitted upon issuance of a special permit as provided in Section.7-00 of this ordinance. (a) Churches and similar places of worship where off-street parking is not provided are permitted when approved by the Planning Commission. (b). Recreation buildings or areas operated by membership clubs for the benefit of members and not for gain. (c) Schools not heretofore defined, public libraries, and municipal office buildings. (d) Cemetery, airport, recreational camp, hospital, sanitarium, correctional institutions, and institutions for the insane. (e) Private nursery school. (f) Philanthropic or eleemosynary institutions. (g) Parish house, religious education building, convent or monastery. -5- Section 2-6 Building Heights: 1. Two (2) stories or twenty-five (25) feet except that building, heights greater than two stories or twenty-five (25) feet may be allowed by special permit. Section 2-7 Lot Area: 1. In the R-1 Zone, the minimum lot area is 10,000 square feet for each dwelling unit thereon constructed. Section 2-8 Lot Coverage:, 1. All buildings, including accessory buildings, covered breezeways, .covered parking or loading spaces shall not cover more than thirty (30) percent of an interior lot nor more than forty (40) percent of a corner lot. Section 2-9 Yard Requirement: 1. Front Yard: The front yard shall have a depth of not less than twenty-five (25) feet which shall be measured from the proposed right-of-way line as shown in the Comprehensive Plan. Where a building or a structure exceeds twenty-five (25) feet in height, the front yard shall be increased at a five to one (5-1) height of the building, front yard ratio. temple: For each five (5) feet in excess of the thirty-five (35) feet, the front yard shall be increased one (1) foot. 2. Side Yard: The minimum side yard shall be ten (10) feet. 3. Rear Yard: The rear yard shall not be less than the height of the building. Section 2-10 RR-12000�ZONE (Low Density Residential District) Section 2-11 Site Area: The site area is the same as for the R-1 Suburban Zone. Section 2-12 Permitted Uses: 1. All principal uses set forth under R-1 Suburban Zone regulations shall be permitted in the R-1 Zone, except limited agricultural activities. 2. Roomers: The renting of rooms for lodging purposes only, provided however, such accomodations shall not exceed four (4) persons in a single family dwelling. One parking space per roomer must be provided in addition to the requirements set forth under Item A, Section 9-00 of this ordinance. 10 Section 2-13 Permitted Accessory Uses: 1. All accessory uses set forth under R-1 Suburban Zone Regulations shall be permitted in the R-1 Zone. Section 2-14 Permitted Conditional Uses: 1. Uses permitted upon issuance of a special permit as set forth under R-1 Suburban Zone Regulations shall be permitted in R-1 Zones. Section 2-15 Building Heights: The building heights restrictions are the same as those set forth under the R-1 Suburban Zone. Section 2-16 Lot Area: In the R-1 Zone, the minimum lot area is 7,200 square feet for each dwelling unit thereon constructed. Section 2-17 Lot Coverage: All buildings, including accessory buildings, covered breezeways, covered parking or loading spaces, shall not cover more than thirty (30) percent of an interior lot nor more than forty (40) percent of a corner lot. Section 2-18 Yard Requirements: All yard requirements as set forth under the R-1 Suburban regulations shall apply here, except the minimum side yard shall be reduced to five (5) feet. Section 2-19 R-2 ZQhTE (Medium Density Residential District) Section 2-20 Site Area: The Site Area is the same as for the R-1 Suburban Zone. Section 2-21 Permitted Uses: All permitted uses set forth under R-1 District Regulations shall be permitted in the R-2 Zone. Section 2-22 Permitted Accessory Uses: All permitted uses set forth under R-1 District Regulations shall be permitted in the R-2 Zone. Section 2-23 Permitted Conditional Uses: Uses permitted upon issuance of a special permit as set forth under the R-1 Suburban District Regulations shall be permitted in the R-2 Zone. Section 2-24 Building Heights: Three (3) stories or thirty-five (35) feet except that building heights greater than three stories or thirty-five (35) feet may be allowed by special permit. Section 2-25 Lot Area In the R-2 Zone, the minimum lot area shall be not less than 3,000 square feet for each dwelling unit thereon constructed, however; no dwelling shall be constructed upon a lot which has a width of less than 50 feet and a depth of -.less than 100 feet, except as provided under Section 2-20, Site Area. -7- Section 2-26 Lot Coverajee; All buildings, including accessory buildings, covered breezeways, covered parking or loading spaces shall not cover more than forty (40) percent of an interior lot or more than sixty (60) percent of a corner lot, except as provided for under Section 2-20, Site Area. Section 2-27 Yard Requirements: All yard requirements as set forth under R-1 District Regulations shall apply here. Section 22-2�-' ZONE (High Density Residential District) Section 2-29 Site Area: The site area is the same as for the R-1 Suburban Zone. Section 2-30 Permitted Uses: 1. All uses permitted in the R-2 Zone shall be permitted in the R-3 -Zone. 2. Clubs and'lodges=excepting such clubs or lodges where the chief activity and services of which are customarily carried on as a business or primarily for gain. In connection with such clubs and lodges, a dining room may be operated, provided that it is conducted for the benefits of the members thereof only. 3. Rooming houses, boarding houses, and tourist homes. 4. Hospitals and clinics, drug stores.for the dispensing of drugs only as accessory uses to hospitals and clinics, sanitoriums, rest homes, philanthropic, and eleemosynary institutions, and similar uses. 5. Mobile Home Parks provided the requirements as stated in the Mobile Home Park Ordinance for the City of Pasco are met. 6. Artists studios. 7._ Office buildings. 8. Day nurseries. 9. Home occupations. (refer to definitions in this ordinance) 10. Photographic shops. 11. Shoe repair shops. Section 2-31 Permitted Accessory Uses: 1. All permitted accessory uses set forth under R-2 District Regulations shall be permitted in the R-3 Zone. -8- Section 2-32 Permitted Conditional Uses: 1. Uses permitted upon issuance of a special permit as provided in Section 7-00 of this ordinance. (a) Churches and similar places of worship where off-street parking is not provided are permitted when approved by the Planning Commission. (b) Schools not heretofore defined, public libraries, and municipal office buildings. (c) Cemetery, airport, recreation camp, Icorrectional institutions and institutions for the insane. (d) Private nursery school. (e) Parish house, religious education building, convent or monastery. Section 2-33 Building Heights: 1. Four (4) stories or forty-five (45) feet except that building heights greater than four stories or forty-five (45) feet may be allowed by special permit. Section 2-34 Lot Area: In the R-3 Zone, the following shall be considered as minimum lot area; however, no dwelling shall be constructed upon a lot which has a width of less than 50 ft. and a depth of less than 100 ft., except as provided in Section 2-29 Site Area. (a) For single story building, not less than 1,500 square feet for each dwelling unit thereon constructed. (b) For buildings, two or more stories in height, not less than 1,000 square feet for each dwelling unit thereon constructed. Section 2-35 Lot Coverage: 1. All buildings, including accessory buildings, covered breezeways, parking or loading spaces shall not cover.more than six* (60) percent of an interior lot or a corner lot. Section 2-36 Yard Requirements: 1. All yard requirements as set forth under R-2 District Regulations shall apply here. Section 2-37 court: 1. Outer Courts: All multiple family residences shall have the following court dimensions: (a) 'The width of any outer court upon which windows from a living room, dining room, or bedroom open shall not be less than the height of any opposing wall forming said court. (b) The depth of any outer court formed by walls on three(3) sides shall not be greater than one and one-half (1j) times the width. 2. Inner Courts: (a) The least dimensions of an inner court shall not be less than full height of the walls enclosing such courts, but not less than fifty (50) square feet. (b) An open unobstructed passageway shall be provided at ground level for each inner court. Such passageway shall have a cross section area and sufficient head room to permit the passage of fire fighting equipment and shall be continuous from the inner court to the yard or an unobstructed open area between buildings. Section 3-00 BUSINESS ZONE DISTRICTS: Section 3-1 C-1 RETAIL BUSINESS ZONE Section 3-7 C-2 CENTRAL BUSINESS DISTRICT ZONE Section 3-15 C-3 GENERAL BUSINESS ZONE Section 3-21 C -1-D DESIGNED SHOPPING CENTER Section 3-1 RETAIL BUSINESS ZONE (C-1) Section 3-2 Permitted Uses: 1. All uses permitted in any residential district. 2. Stores and shops for the conduct of retail business. 3. Banks. 4. Restaurants. 5. Dancing Schools. 6. Shops for repair and similar services such as: -10- (a) Bakeries, retail for distribution from the premises. (b) Barber shops and beauty shops. (c) Catering establishments. (d) Garage and filling stations, provided: (1) No repair work is performed out-of-doors. (2) Pumps, lubrication, or other devices are located at least fifteen feet from any street property line. (3) All automobile parts and dismantled automobiles are stored within the building, except out -door display racks. (e) Laundramats, and dry cleaning establishments employing not more than five (5) persons. (f) Locksmith shops (g) Offices (h) Membership clubs (i) Photo shops (j) Shoe repair shops (k) Outdoor advertising - Billboards (1) Undertaking establishments (special permit as specified in Section 7-00) 7. Hotels and motels 8. Taverns and cocktail lounges 9• Signs- (refer to Sign Ordinance) Section 3-3 Permitted Accessory Uses: 1. Accessory buildings and accessory uses permitted as defined under "Definitions" in this ordinance. Section 3-4 Building Heights: 1. Same as for R-3 High Density Residential District. Section 3-5 Lot Area: 1. No specific lot area is required for commercial structures, however, any building used for residence shall have a lot area equal to that required for the same type of residential dwelling in the R-3 District. Section 3-6 Yard Requirements: 1. Dont Yards: Fifteen (15) feet required for commercial buildings, which shall be measured from the proposed right-of-way line as shown in the Comprehensive Plan, except where the commercial district abuts'or joins ah�.R-District in which case there shall be a front yard as specified in Section 10-00, Transition Regulations. 2. Side Yards: None required for commercial buildings except where a lot in the commercial district abuts upon a lot in a residential district, in which case the standards, shall be followed as shown .,in Section 10-00, Transition Regulations. Any building used for residential purposes on the first floor shall have.a side yard as specified for such dwelling in the R-3 Residential District. 3. Transition Regulations: Where a lot in a commercial district abuts upon a lot in a residence district, the standards as shown in Section 10-001 Transition Regulations, shall prevail. 4. Residential Yard: A building erected for residential use shall have a front, side and rearyard as specified for such dwelling in the R-3 Residential District. Section 3-7 CENTRAL BUSINESS DISTRICT ZONE (C-2) Section 3-8 Permitted Uses: 1. All uses permitted in any residential district. 2. All uses permitted in C-1 Retail Business District exieept service stations, provided however, any service station existing as of the effective date of this ordinance, shall, remain as a permitted use. 3.. Offices 4. Theaters 5. Assembly Halls 6. Membership clubs -7. Bars and package liquor stores 8. Bowling alleys 9... Public and private recreation use 10. Rail and bus stations 11. Motor vehicle sales rooms 12. Retail plumbing shops (no outdoor storage of materials) 13. Printing shops 14. Retail painting shops (no outdoor.storage of materials) 15. Upholstering shops (no outdoor storage of materials) 16. Sign shops (no outdoor storage of materials) 17. Garages. (by special permit) Section.3-9 Permitted Accessory Uses: 1. Accessory buildings and accessory uses permitted as defined under "Definitions" in this ordinance. -12- K Section 3-10 Section 3-11 Section 3-12 Section 3-13 Building, Heights: Four stories or forty-five (45) feet except building heights greater than four stories or forty-five (45) feet may be allowed by special permit. Exceptions to Heights Regulations: (a) Chimneys, water tanks, pent houses, towers, monuments, cupolas, domes, false mansards, and similar structures and necessary mechanical appurtenances may be erected to any height in accordance with existing or hereafter adopted ordinances of the City of Pasco, except such features shall not exceed the cr6ss sectional area of twenty (20) percent of the ground floor area of the building. (b) The above exceptions shall not apply to structures within designated airport hazard zones. Lot Area: 1. Same as for the C-1 Zone Yard Requirements: 1. Front Yard: None required 2. Side Yard: None required 3. Rear Yard: None required 4. Off -Street Parking: None required 5. Residential Yard: A building erected for residential use shall have a front, side, and rear yard as specified for such a yard in the R-3 District. 6. Transition: Where a lot in a C-2 District abuts upon a lot in a residential district, the standards as set -forth in Section 20-00 Transition Regulations, shall prevail. Unloading and Shipping Facilities: 1. Dimensions for unloading and shipping spaces: (a) General delivery trucks -- 35 feet by 10 feet; or 350 sq. ft. (b) Shipping and receiving semi -trucks -- 45 feet by 10 feet; or 450 square feet. 2. Facilities required, based on square footage of floor space under one roof: -13 Y (a) For all retail, wholesale, furniture, restaurants, and appliance establishments, (individual or in groups). (1) Up to 21250 square feet; (a) General delivery space -- 350 square feet (2) For every 5,000 square feet over 2,250 or fractions thereof: (a) General delivery space -- 450 square feet 3. For apartment buildings, hotels, office buildings, fraternities; (a) Up to 50,000 square feet -- 350 square feet (b) From 50,000 square feet to 200,000 -- 650 square feet (c) For each 200,000 square feet or fraction thereof in excess of 200,000 square feet -- 350 square feet. 4. For theaters and bowling alleys: (a) Up to 25,000 square feet -- 350 square feet (b) For each 25,000 feet or fraction thereof in excess of 25,000 square feet -- 350 square feet. Section 3-14 All retail stores with 7,500 square feet or more of gross floor area must provide public rest rooms. Section 3-15 GENERAL BUSINESS ZONE (C-21 Section 3-16 Permitted Uses: 1. All uses permitted in any residential district. 2. All uses permitted in the C-2 Business District. 3. Service stations 4. Mortuary 5. Laundry 6. Express office 7. Wholesale business 8. Heavy machinery sales and service 9. Warehouse 10. Landscape gardening and storage area for equipment and materials 11. Automobile sales and service 12. Mobile home and trailer sales and service Section 3-17 Permitted Accessory Uses: l.- Accessory buildings and accessory uses permitted as defined under "Definitions" in this ordinance. -14- 10 Section 3-18 Building Heights: 1. The building heights restriction shall be the same as set forth under the C-2 Zone. (a) Exceptions to height regulations: Chimneys, water tanks, pent houses, towers, scenery lofts, elevators, bulkheads, stacks, ornamental casting towers, monuments, cupolas, domes, false mansards, and similar structures and necessary mechanical appurtenances may be erected +,o any height in accordance with existing or hereafter adopted ordinances of -the City of Pasco, except that such features shall not exceed the cross section area of twenty (20) percent of the ground floor area of the building. (b) The above exceptions shall not apply to structures within the designated airport zones. Section 3-19 Lot Area: 1. Same as for the C-1 Zone Section 3-20 Yard R;aouirements: 1. Front Yard: None required 2. Side Yard: None required 3. Rear Yard: Supplementary regulations for off-street parking shall prevail. 4. Residential Yard: A building erected for residential use shall have a side, front, and rear yard as specified for such yard in the R-3 Residential District. 5. Transition: Where a lot in a C-3 District abuts upon a lot in a residential district, the standards set forth in .Section 10-00, Transition Regulations, shall prevail. Section 3-21 DESIGNED SHOPPING CENTER ZONE (C -1-D) Section 3-22 Permitted Uses: 1. Places of recreation, stores for the sale of retail goods or performance of customary personal services, or service clearly incidental to and on the same premise with such retail sales, provided such incidental fabrication is conducted entirely within the building and does not occupy more than twenty-five. (25) percent of the floor area used for business purposes. -15- 2. Business, professional, or banking offices. 3. Restaurants, cafe, or other places serving food or non - intoxicating beverages. 4. Parking lot areas for transient motor vehicles, but not for storage of new or used motor vehicles for sale or hire. Section 3-23 Permitted Accessory Uses: 1. Any customary use incidental to the permitted use, but not including any outdoor storage. 2. Signs pertaining to permitted use, and on the same lot therewith, (refer to sign ordinance.) 3. Outdoor advertising -- billboards. (refer to sign ordinance) 4. Exterior spot lighting of buildings, or grounds, provided that such lights shall be from a shaded source, and be located so that the beams are not directed towards any lot in a residential district or public highway. 5. Gasoline filling stations may be permitted upon issuance of a special permit as provided in Section 7-00 of this ordiance. 6. Cocktail lounges or taverns may be permitted upon issuance of a special permit as provided in Section 7-00 of this ordinance. Section 3-24 Building Heights: 1. The height of any building in this zone shall be no greater than thirty-five (35) feet or two (2) stories. 2. Any height greater than 35 feet or two (2) stories will be subject to the Planning Commission's review., Section 3-25 Lot Area: 1. No building use shall be erected or maintained on a lot having= an area of less than two (2) acres. Less than two acres, a special permit shall be required. Section 3-26 Yard Requirements: 1. Front Yard: The front yard shall be at least thirty (30) feet in depth, except where parking is provided in such yard, the depth of the front yard shall be increased to at least seventy-five (75) feet. -16- 2. Side Yard: None required except in the following cases: (a) Where one is provided it shall be at least four (4) feet in width. (b) Where one is used as a vehicular accessway, it shall be at least twenty-five (25) feet in width. (c) Where the side lot line abuts any lot or area of land in a residential district, the side yard shall be at least fifty (50) feet in width and a twenty (20) foot strip adjoining such residential district shall be always maintained as a landscaped buffer area. Section 3-27 Site Plan Review and Approval: 1. In each case where a building or use is proposed, the Building Inspector shall refer the site plan of the proposal to the Pasco City Planning Commission for its review. Such Commission shall determine that all the requirements of these regulations have been met, and after holding public hearing in each 'case following the procedures required for approval of subdivisions, shall approve, approve with modifications, or disapprove such site plan. In modifying or disapproving such site plan, the Commission shall enter its reasons for such action in its records. Section 4-00 INDUSTRIAL ZONES DISTRICTS Section 4-1 I-1 LIGHT INDUSTRIAL ZONE Section 4-7 I-2 HEAVY INDUSTRIAL ZONE Section 4-1 LIGHT INDUSTRIAL ZONE (.I -I Section 4-2 Permitted Uses: 1. All uses permitted in the C-3 District, except residential dwellings, provided however, any residential dwelling existing as of the effective date of this ordinance shall remain as a permitted use. 2. Lumber or building material storage .yard. 3. Carting, express or storage yards. 4. Contractors plant cr storage yards. 5. Electrical central power station. 6. Laboratories -- experimental. 7. Automotive assembly and repair (major). 8. Creamery, bottling, ice manufacture and cold storage plant. -17- 9. Blacksmith, welding, or other metal shops, excluding punch presses over twenty (20) tons rated capacity, drop hammers, and the like. 10. Foundry casting non-ferrous metals or electric foundry not causing noxious fumes or odors. 11. The manufacturing, compoundifig�< processing, packaging of cosmetics, pharmacology, and food products, except fish and meat products, and the reducing and refining of fats and oils. Section 4-3 Prohibited Uses: 1. All uses of land, buildings, and structures or industrial processes that are noxious or injurious by reason of production, or emission of dust, smoke, or refuse matter, odor, gas fumes, - noise, vibration, or substances or conditions provided, however, that any uses may be permitted if approved by the Board of Adjustment, and subject to securing a permit thereof to such conditions, restrictions, and safeguards as may be deemed necessary by such Board for the purpose of protecting the health, safety, morals and general welfare of the community. Section 4-4 Building Heights: 1. No requirements. Section 4-5 Lot Area: 1. No requirements except for parking as provided under Section 9-00 of this ordinance. Section 4-6 Yard Requirements: 1.- Front Yard: None required. 2. Side Yard: There shall be a side yard along the side of every lot not less than ten (10) feet in width provided, however, that any lot bordering a residential district on aside yard shall have a side yard width not less than the minimum width required in a residential district, whichever is greater. 3. Rear Yard: There shall be a rear yard on every lot not less than twenty-five (25) feet in depth except where a railroad line or spur line is located on or adjacent to the rear lot line from which goods or materials are to be loaded or unloaded from the railroad car, in which case no rear yard shall be required. -18- Section 4-7 HEAVY INDUSTRIAL ZONE CI -21 Section 4-8 Permitted Uses: 1. All uses not otherwise prohibited by law but no residential buildings shall be built in industrial area, provided, however, any residential dwelling existing as of the effective date of this ordinance shall remain as a permitted use. 2. Junkyards, automobile wrecking yards, scrap iron, scrap paper, or rag storage, sorting or bailing provided: (a) An eight (8) foot sight -obscuring fence must be constructed and inspected prior to the issuance of a certificate of occupancy for use of the goods. Said fence shall be of a solid single neutral color. (b) No automobile or parts thereof, junk, or salvage materials or parts thereof shall be.visible from any public right-of- way. All materials or parts shall be located within the fenced area. (c) There shall not be at any time more than forty (40) vehicles per acre of fenced area. (d) A performance bond for $1,000.00 shall be required prior to the issuance of an occupancy permit, to assure compliance with provisions of this Section. Said bond shall remain in force as long as the use exists. (e) The permit shall be granted for a period not to exceed two years and at the end of such period, an inspection shall be made of the premises to determine the advisability of renewing such permit. Section 4-9 Prohibited Uses: 1. No building permit shall be issued for any of the following uses until and unless the location of such case shall have been authorized by the Board of Adjustment: (a) Slaughter houses and stock yards. (b) Acid manufacture or wholesale storage of acids. (c) Cement, lime, gypsum, or plaster of paris manufacture. (d) Distillation of bones. (e) Manufacture of explosives or storage of explosives, including gases. (f) Fat rendering, fertilizer,gas or glue manufacture. (g) Garbage, offal, or dead animal reduction or dumping. (h) Petroleum or petroleum products refining. (i) Smelting or reduction of ore or metalur.gical products. (j) Racetracks and courses for the conduct of seasonal or periodic racing. (k) Asphalt or concrete batch plant. -19- Section 4-10 Building Heights: 1. No requirements. Section 4-11 Lot Area: 1. No requirements except for parking as provided under Section 9-00 of this ordinance. Section 4-12 Yard Requirements: 1. Front Yard: None required. 2. Side Yard: None required except when adjoining any R -District,, in which case not less than two hundred feet, of which a strip at least ten (10) feet wide shall be landscaped and maintained as a buffer area. Section 5-00 LANDING FIELD ZONE Section 5-1 Site Area: The building area and yard area restrictions and regulations of any other use district, established under this title to which a landing field or airport is supplementary shall apply. Section 5-2 Permitted Uses: 1. Landing fields, airports, and all necessary accessory appurtenances for aerial transportation. 2. The uses permitted and the restrictions imposed in a landing field zone are in addition to and supplement those uses permitted or restrictions imposed by the provisions of the City of Pasco Zoning Ordinance as applied to such property within such landing field zone. Section 5-3 Building Heights: 1. Airport Hazards Zoning Map: When it is found that airport hazards endanger the lives and property of users of airports and of occupants of land in their vicinity, and also, if of the obstructive type, in effect reduce the size of the areas available for landing taking off and maneuvering of aircraft thus tending to destroy or impair the utility of the airports and the public investment therein, the City Council, on -20- recommendation of the Planning Commission, may adopt zoning maps to regulate the use of land and the height of structures and trees within airport hazard areas. Such airport hazards zoning maps shall be adopted by resolution and shall become a part of this title. 2. Use Restriction: Notwithstanding any other provisions of this title, no use may be made of land within any of the established airport hazard zones in such a manner as to create electrical interference with radio communications between airport and aircraft; make it difficult for fliers to distinguish between airport lights and others; result in glare in the eyes of fliers using the airport; impair visibility in the vicinity of the airfield; or otherwise endangering the landing, taking -off, or maneuvering of aircraft. 3. Administration: The provisions of this section shall be administerdd in the same manner and by the same officials as other provisions of this title. Section 6-00 SUPPLEMMARY REGULATIONS: -� The provisions of this ordinance shall be subject to such exceptions, conditions, or modifications as herein provided by the following supplementary regulations: Section 6-1 Uses: 1. Accessory Uses, Garages: In residential districts, the number of motor vehicles which space may be provided for as accessory to an authorized use shall not exceed the following: (a) In an R-1 Suburban or R-1 District, two (2) motor vehicle, spaces and for each 5,000 square feet of which the lot area exceeds 5,000 square feet, one (1) space for one (1) additional motor vehicle may be provided. (b) In the R-2 District, two (2) motor vehicle spaces for one (1) family or a two (2) family dwelling. In the R-3 District, garage space may be provided for one (1) motor vehicle for each family for which such residence is designed. 2. Accessory Uses, Motor Vehicle Repair Shops: Motor vehicle repair shops shall not be permitted as an accessory use in a C-1 Retail Business Zone. In a C-3 General Business Zone, a motor vehicle -21- repair shop shall not be permitted as an accessory use unless the plan to such accessory use shall have been submitted to the Board of Adjustment in passing upon a request for approval may consider the type of machinery and equipment to be used and the methods of operation to be employed. 3. Garages and Service Stations: In a C-1, C-2 or C -1-D Business Zone, or in an I-1 Light Industrial Zone, plans for the erection or structural alteration of any garages for more than five (5) motor vehicles, or' of a service station, shall be approved by the Planning Commission. Such Planning Commission may require such changes relative to yards, location of pumps, buildings, and construction of buildings as may be deemed best suited to insure safety, to minimize traffic difficulties, and to safeguard adjacent properties. 4. Signs: Any sign pertaining to the use of business conducted on the lot on which the sign is to be located shall be permitted providing it complies with the Sign Ordinance of the City of Pasco. 5. Stripping of Top Soil: No person, firm, or corporation shall strip, excavate or other wise remove top soil for sale or for use other than on the premises from which the same shall be taken, except in connection with the construction or alteration of a building such per premises, in which an excavation could be incidental thereto. 6. Natural production uses: There may be permitted in any zone, except a business zone, on approval of the Board of Adjustment and as provided in this ordinance, the excavation and sale of sand and gravel, clay, shale, or other.natural mineral deposits (except top soil) for the quarrying of any kind of rock formation subject to the following conditions: (a) In the case of an open excavati6ni there shall be a substantial fence with suitable gates completely enclosing the portion of the property in which the excava- tion is located and such fence shall be located at all points forty (40) feet or more from the edge of the excavation. (b) In the case of a quarry or other excavation or rock, there shall be a substantial fence with suitable gates and said fence shall be at all points a distance of -22- M forty (40) feet or more from the face of any quarry wall. (c) No rock crusher, cement plant, or other crushing, grinding, polishing or cutting machinery, or other physical or chemical process for treating the product of such quarry shall be permitted except by permission of the Board of Adjustment. (d) 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 stock piles shall be remoed 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. Section 6-2 YARDS• The City Council, on recommendation from the Planning Commission, and after a Public Hearing held by the Planning Commission, may . establish a building line along certain streets throughout certain zones or throughout certain natural areas, other than the setback requirements as established in the various zones by these regulations, when it is found that to do so will protect public health, welfare, safety, and morals, and implement the development plan. 1. Front Yard: Where any front yard is required no building shall be hereafter erected or altered so that any portion thereof shall be nearer to the front property line than the distance indicated by the depth of the required front yard. (a) Exceptions: Eaves, cornices, belt courses, and similar ornamentations may project over a front yard not more than two' (2) feet. (b) Porches: :An open or enclosed porch shall be considered a part of a building in the determination of the size of the yard or lot coverage. (c) Fire Escapes: Open fire escapes may be extended into any required yard not more than four (4) feet, six (6) inches. -23- 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 distance indicated by the width of the required side yard. (a) Exceptions: Eaves, cornices, belt courses, similar ornamentations and fire places may project over a side yard but not more than two (2) feet. 3. Rear Yard: Where any rear yard is required, no building shall hereafter be erected or altered so that any portion thereof may be nearer to the rear lot line than the distance indicated by the required rear yard. (a) Exceptions: Eaves, cornices, steps, platforms and open porches may extend into the rear yard. Private garages attached to a dwelling may extend into a rear yard. (b) No rear yard is required for accessory buildings. Section 6-3 Fences and Sight Screens: Section 6-4 Fences and Slight Screens to Comply with Chanter: It shall be unlawful to erect or maintain any fence or plant or maintain any foliage in any residential zone contrary to the terms of this chapter. Section 6-5 Height at Intersections: There shall be no wall, fence or foliage higher than 36 inches above curb grade, -and no tree foilage lower than 72 inches above curb grades within any triangle, the two equal legs of which are formed by lines measured 20 feet along the property line from the intersection of two streets, or 15 feet from the intersection of a street and an alley, provided, however, that chain link fence of 72 inches may be erected upon a•wall or other structures in the triangle formed by a street and alley not exceeding 36 inches in height to a combined height of 72 inches, and provided further that said chain link or woven wire fence shall be at all times unobstructed by foliage or other matter. Section 6-6 Height in Front Yards: Subject.to Section 6-5 the height of fences and foliage shall be limited to 42 inches within the minimum front yard area and within that portion of the minimum side yard area -24- lying forward of the rearmost portion of the house upon said lot; provided, however, that the Planning Commission may allow a fence or foliage not to exceed 72 inches in height within that portion of the minimum side yard area lying forward of the rearmost portion of the house upon said lot and to the rear of the frontmost portion of the house upon the lot immediately adjoining said fence or foliage, upon completion of the following steps: (a) Upon written application of the record or contract purchaser in possession, with the written concurrence of the record owner or contract purchaser in possession of the property immediately adjacent to said fence or foliage and (b) After a finding by the Planning Commission that such fence or foliage would not be detrimental to health, safety or the general welfare. (c) A suitable gate shall be installed with a minimum width of three (3) feet leading into the side yard on each side of the house. Section 6-7 Height in Rear Yards: The height of fences and foliage within that portion of the minimum side yard area lying forward of the rearmost portion of the house upon said lot or within the minimum rear yard area, shall not exceed 72 inches provided, however, that where any said areas shall immediately adjoin a portion of a neighboring lot wherein the height of fences and foliage shall be limited to less than 72 inches, the height of fences and foliage allowable in said areas shall not exceed the maximum height of fences and foliage allowable in said adjoined portions -of the neighboring lot. Section 6-8 Height Measured from Grade -exceptions: All heights of fences and foliage shall be measured from curb or alley grade for the minimum yard areas adjacent thereto and from the average grade and slope of lower parcel of property in case of minimum yard areas adjoining a common lot line provided, however, that in the case of common lot lines when such measurement shall, in the determination of the Planning Commission, be unreasonably restrictive as to the height of fences or foliage, the Board of Adjustment may allow such variances as to the height of fences or foliage affected by such measurements as they shall determine to be not detrimental to health, safety, and the general welfare. -25- Section 6-9 Building Permit Required: A fence or wall shall not be erected without first obtaining a building permit from the Building Inspector. Section 6-10 VISIBILITY AT INTERSECTIONS: On a corner lot in any residential district, no wall, hedge, or other planting which would obstruct vision of the intersection maybe located within twenty (20) feet of the dedicated right-of-way to the street. i Section 7-00 STANDARDS FOR SPECIAL PERMITS: Section 7-1 General Provisions: The special uses for which conformance to additional standards will be required shall be deemed to be permitted uses in their respective districts, subject to the standards and requirements set forth herein, in.'''.Wition to all other requirements of this ordinance. All such uses are hereby said to possess characteristics of such unique and special form that each specific use shall be considered as an individual case. Section 7-2 Required Plan: A plan for the proposed development of a site for a permitted special use shall be submitted with an application for a special permit and such plan shall show the location of parking areas, traffic access and circulation, drives, open spaces, landscaping, and other pertinent information that may be necessary to determine if the special use meets the requirements of the ordinance. Section 7-3 Expiration: A special permit shall be deemed to authorize only one particular special use and shall expire if the special use shall cease for six (6) months for any reason. Section 7-4 Existing Violations: No permit shall be issued for a special use where there is an existing violation of this ordinance. -26- Section 7-5 Standards Applicable to All Special Uses: The location and size of the use, nature., and intensity of the operations involved, and the size of the site in relation to it, and the location of the site in relation to the existing and future streets giving access to it, shall be such that it will be in harmony with the orderly development of the district, and location and height of buildings and walls will not discourage the appropriate development of adjacent land and buildings or impair the value thereof. Section 7-6 Operations: Operations in connection with the special use shall not be more objectionable to nearby properties by reason of noise, fumes, or vibrations, or flashing lights, than would be the operation of any permitted uses. Section 8-00 NON -CONFORMING USES: Section 8'-1 Existing Conditions: The lawful use of any building or land existing at the time of the enactment of this ordinance, although such use does not conform with the provisions of this ordinance, may be continued, provided that: 1. If such non -conforming use is abandoned for a period of one (1) or more yearss.:any further use of such lands or premises shall be in conformity with the provisions of this title. 2. A non -conforming use may not be altered or extended during its life. 3. A non -conforming building may not be altered structurally during its life to an extent exceeding twenty-five (25) percent of the assessed valuation of the original building at the time of the alteration, unless such building is changed to a conforming use. 4. The extension of a lawful use of any portion of a non -conforming building shall not be deemed the extension of such non -conforming use. 5. No building damaged by fire or other causes to the extent of more than fifty (50) percent of such assessment value shall be repaired or rebuilt except in conformity with the regulation of this ordinance. -�7- 6. No non -conforming use shall be extended to displace a conforming use. 7. Once a non -conforming use has changed to a conforming use, it shall not revert back to a non -conforming use. 8. Any structure or portion thereof declared unsafe by a properly authorized person may be restored to a safe condition and continue as a non -conforming use, unless such repairs exceed sixty (60) percent of the assessed valuation of said structure at which time the text of this ordinance shall prevail. 9. Nothing herein contained shall require any change in plans or construction of a designated building, the construction of which shall have been diligently pursued for three (3) months, and the ground story frame work of such building, including the second tier of beams, shall have been completed within six (6) months and which entire building shall be completed within one year from the enactment of this ordinance. Section 9-00 OFF-STREET PARKING: 1. After the date this ordinance becomes effective, the following parking spaces shall be provided and satisfactorily maintained by the owner of the property for each dwelling erected, enlarged, or altered to forty (40) percent of the value of the appraised value of the building for use for any of the following ,purposes: (a) Dwellings: At least one (1) parking space for each dwelling unit within the building or buildings. (b) Auditorium stadium theater, churches or other Rlaces ofublic assembly: At least one 1 parking space for each eight 8 seats provided for its patrons, based on a maximum seating capacity, or (2) at least one parking :space for every.twelve (12) lineal feet of seating area of benches or pews, or (3) for those places not having fixed seats, one (1) parking space for each 75 square feet of gross floor area. (c) Restaurants or other eating laces: At least one (1) parking space for each five 5 seats except when it is in a dwelling which provides parking space, in which case the number of spaces already provided may be taken to .be available to the restaurant or eating space. -28- h (d) Hotel: At least one (1) parking space for each three (3) guest sleeping rooms. (e) Hospital, sanitarium or nursing home: At least one (1) parking space for each five (5) patients, plus one 1 additional space for each staff doctor, plus one (1) additional space for each three regular employees, including nurses. (f) Stores: At least one (1) parking space for each three hundred (300) square feet of floor area. (g) Office Buildineas and Banks: At least one (1) parking space for each three hundred 300 square feet of office floor area on the ground floor and one (1) space for each five hundred (500) square feet of floor space above the first floor and the same shall apply to basement floor areas. (h) Outdoor sports areas or parks without fixed seats -- subject to review by the Planning Commission. (i) Industrial or manufacturin establishments: At least one (1) parking space for each four hundred (400) square feet gross floor area, or for each two (2) working people. (j) Bowling Alleys: Four (4) parking spaces for each alley. (k) Motel: One (1) parking space for each unit of lodging. 2. All parking area provided pursuant to this section shall -be on the same lot with the building, except that the Board of Adjustment may permit the parking spaces to be on a lot within five hundred (500) feet of the building, if it determines that it is impracticable to provide parking on the same lot with, the building. 3. Mixed Occupancy: In the case of mixed uses, the total requirements.foir off-street parking requirements shall be the sum of the requirements for the various uses computed separately. 4. Unspecified Uses: In the case of a use not specifically mentioned in this Section, the requirements for off-street parking facilities shall be'the same as the above mentioned use, which in the opinion of the Board of Adjustment shall be deemed most analogous. -29- 11 5. Cooperative Provisions: Where adjoining facilities of two or more .ownerships can be developed and designed as one facility, and where efficiency of parking, circulation and economy of space will result from joint development, and where the total parking area involved is 10,000 square feet or greater, a reduction of 10% of the total combined required parking space shall be permitted. Section 1TRANSITION REGULATIONS Section 10-1 Lots in Two Distficts: Where a district boundary line divides a lot in a single or joint ownership of record at the time such line is adopted, the regulations for the less restricted portion of such lot shall extend not more than thirty (30) feet into the more restricted portion provided the lot has frontage on a street in the less restricted district. Section 10-2 Business Entrances on Residential Streets: Where a residential district is bounded by a portion of a business district, any side street extending through such residential district into such business district shall not be used for any business purpose except as hereinafter set forth. The business structure erected in said business district shall face and open upon the street set aside for business purposes except that shadow windows and such business structures may be built and exposed upon said side street within the area set aside as part of such business district and an entrance may be made at the corner of such business -residential streets and all other entrances thereto. must face on a business street except that the entrances may be made from such residential streets to the upper stories of such business structures. Section 10-3 Garage Entrances: No public garage for more than five (5) motor vehicles shall have an entrance or exit for motor vehicles within fifty (50) feet of the residential district. Section 10-4 Side and Rear Yard Transition: Where a lot in a business or industrial district abuts a lot in a residential district, there shall be provided along such abutting lines, a yard equal in width or depth to that required in a residential district. -30- Section 10-5 Front Yard Transition: Where the frontage on one (1) side of a street between two (2) intersecting streets is zoned partly as residential and partly as business or industrial, the front yard depth in the business or industrial district shall be equal to the required front yard depth in the residential district. Section 10-6 Corner Yard Transition: On every corner lot in a residential district, there shall be provided on the side street a side yard of 15 feet in width. Section 11-00 ADMINISTRATION AND ENFORCEMENT: Section 11-1 Interpretation: 1. In interpreting and applying the provisions of this title, the provision shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and general welfare; therefore, when this title imposes a greater restriction upon the use of buildings, or premises, or requires larger open spaces than are imposed or required by other laws, resolutions, rules, or regulations, the provisions of this title shall control. Section 11-2 Enforcement: l; It shall be the duty of the Building Inspector or duly authorized agent to enforce this title through proper legal channels. The Building Inspector shall issue no permits for the construction, alteration, or repair of any building or part thereof unless such plans and intended use of such buildings or land conforms in all respects with the provisions of this ordinance. Section 11-3 Penalty: 1. Any person, firm or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this title shall be guilty of a misdemeanor and shall be fined in any sum not to exceed three hundred ($300.00) dollars or imprisonment in the city jail for a term not exceeding ninety (90) days, or both fine and impris- onment for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. -31- Section 11-4 Fee Schedule for Public Hearing: 1. Whenever a public hearing is required by this title, in addition to other required data accompanying a request involving a public hearing shall pay a fee according to the following schedule to the city to help defray expenses encountered in processing of the application. 2. No application shall be processed unless such costs, charges, or fees listed below have been paid in full, and which fee shall be non-refundable. (a) variance------------------$ 15.00 (b) Special Permit ---------------15.00 (c) Zone Change-------------- 45.00 Section 11-5 Complaints Regardirm Violations: 1. Whenever a violation of this ordinance occurs, or is alleged to have occured, any person may -file a written complaint. Such complaint stating fully the causes and basis thereof, shall be filed with the administrative official. He shall record properly such complaint, immediately investigate, and take action thereon as provided by this ordinance. Section 12-00 AMENDMENTS AND REZONING Section 12-1 Amending the Zoning Ordinance: 1. The regulations, restrictions, and boundaries set forth in this ordinance may from time to time be amended, supplemented, changed or repealed provided, however, that no such action may be taken until after a public hearing in relation thereto, at which interested parties and citizens shall have an opportunity to be heard. At least 10 days notice of time and place of such hearing shall be published in a newspaper of general circulation in the city. 2. In case however, of a protest against such change signed by the -32- owners of twenty percent or more either of the area of the lots included in such proposed change or those lots which are within 200 feet of the proposed zone change, such amendments shall not become effective except by the favorable vote of three fourths (3/4) of the City Council of the City of Pasco. Section 12-2 Change in the Zoning Map ---Petition -- Who MayInitiate: 1. Any person, firm, corporation, group of individuals, municipal department, or planning commission may petition for a zone change with the following exceptions: (a) 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 submitted by said person must contain the signature of the legal owner of the property. The legal owner is considered to be the owner of record. (b) A person, firm, corporation, or group of individuals may not submit more than one petition in any one year for the same parcel of land. 2. The City Council may, upon its own motion or upon the motion of the Planning Commission, after holding public hearings, and after receiving the recommendation of the Planning Commission, change by ordinance, the district boundaries or zone classifications as shown on the district maps and amend, supplement, or change by ordinance the regulations herein established. Section 12-3 Chane in Zoning Mau -- Petition -- Requirements: 1. The petition for a change of classification must show the following: (a) The date the existing zoning became effective. (b)' The changed conditions which are alleged to warrant other or additional zoning. (c) Facts to justify the change on the basis of advancing the public health, safety, and general welfare. -33- ' (d) The effect it will have on the value and character of adjacent property and the Comprehensive Plan. (e) The effect on the property owner or owners if the request is not granted. (f) Such other information the Planning Commission shall require. Section 13-00 BOARD OF ADJUSTMENT: e... Section 13-1 Board Creation: There is hereby created and established a body to be known as the Board of Adjustment of the City of Pasco, which shall consist of three members, residents of the City of Pasco, to be appointed by the Mayor with the approval of the City Council, one of whom shall be elected by said members to serve in the capacity of Chairman. Said members shall be appointed for a term of three years, provided, however, that of the members first appointed, one member shall be appointed for a term of one year, one member for a term of two years and one member for a term of three years. Thereaftbr all such appointments shall be for a term of three years. In the event of the death, resignation or removal of any member of said Board, the Mayor shall appoint a successor to serve his unexpired term, which appointment shall be made in the manner herein provided. Any member of the Board of Adjustment shall be eligible for reappointment and shall serve without compensation. The City of Pasco shall furnish to said Board of Adjustment such clerical help as may be required. Section 13-2 Zoning Adjustor -- Powers and Duties., All of the provisions of this chapter defining the powers, duties, and procedures of the Board of Adjustment shall also apply to the Zoning Adjustor. Section 13-3 Application to the -Board: Persons desiring consideration by the Board of Adjustment shalapply to the Secretary of the Board and shall supply such information as the Board may require on forms provided for the purpose. Section 13-4 Authority of the Boards The Board of Adjustment, subject to appropriate conditionsiafid safeguards as provided by this title, shall hear and decide: 1. Special Permits: Applications for special permits when the Zoning Ordinance sets forth the specific uses to be made subject to special use permits and established criteria for determining the conditions to be imposed. 2. Variances: Applications for variances from the terms of the Zoning Ordinance provided, that any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not.constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in -34- which subject property is situated, and that the following circum- stances are found to apply: (a) Because of special circumstances applicable to subject, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive subject property of rights and privileges -enjoyed by other properties in the vicinity and under identical zone classification. (b) That the granting of the variance will not be materially detrimental to.the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated. Section 13-5 Review -- Administrative Action: 1. Appeals, where it is alleged by the applicant that there is error in any order, requirement, permit, decision or determination made by an administrative official in the administration or enforcement of this title. 2. Where the street or lot layout actually on the ground, or as recorded, differs from the street and lot lines as shown on the Zoning Map, the Board of Adjustment, after notice to the owners of the property, and after public hearing, shall interpret the map in such a way as to carry out the intent and purposes of this title. In case of any question as to the location of any boundary line between zoning districts, a request for interpre- tation of the Zoning Map may be made to the Board of Adjustment and a determination shall be made by said Board. Section 13-6 Temporary Structures and Uses: The temporary use of a structure or premises in any zone classification for a purpose or use that does not conform to the regulations prescribed elsewhere in this title for the zone classification in which it is located provided that such use be of a temporary nature and does not involve the erection of a substantial structure. A zoning certificate for such use may be granted in the form of a temporary and revocable permit, for not more than a six (6) month period, subject to such conditions as will safeguard the public health, safety, convenience, and general welfare. Section 13-7 Waiver of Violations: Recognizing the fact that a building may be erected in good faith with every intent to comply with the provisions of the Zoning Ordinance in respect to the location of the building upon the lot and the size and location of required yards, and that it may later be determined that such building does not comply in every detail with such -35- { requirements, although not violating the spirit or intent of the Zoning Ordinance, the Board of Adjustment may issue Waiver of Violation subject to such conditions as will safeguard the public health, safety, convenience and general welfare. Section 13-8 Extension of Use on Border of District: The, extension of a use or building into a more restricted zone classification immediately adjacent thereto, but not more than thirty (30) feet beyond the dividing line of the two zone classifications, under such conditions as will safeguard development in the more restricted district. Section 13-9 Administrative Exceptions: An administrative exception not to exceed one foot of any dimensional standard pertinent to front yard, side yard, rear yard, flanking street, and building line may be granted by administrative action of the Board of Adjustment without public hgarine and without posting of public notices. P Section 13-10 Hearings: Upon filing of application for a variance, the Board of Adjustment shall set the time and place for a public hearing on sucn matter, and written notice thereof shall be addressed through the United States mail to all property owners of record within three hundred (300) feet and not less than ten (10) days prior to the hearing. Section 13-11 Notice of Hearing: Notice of the time, place, and purpose of the public hearing shall be as prescribed by B.C.W. 35 -63 - Section 13-12 Appeals -- Time Limit: Appeals may be taken to the Board of Adjustment by any person aggrieved, or by any officer, department, board or bureau of the city affected by decision of an administrative official. Such appeal shall be filed in writing in duplicate with the Board of Adjustment within the ten (10) days of the date of the action being taken. Section 13-13 Appeal -- Notice of Time and Place: Upon the filing of an appeal from an administrative determination, or from the action of the Zoning Adjustor, the Board of Adjustment shall set the time and place at which the matter will be considered. At least a ten (10) day notice of such time and place, together with one copy of the written appeal, shall be given to the adverse parties of record in the case. The officer from whom the appeal is being taken shall forthwith transmit to the Board of Adjustment all of the records pertaining to the decision being appealed from, together with such additional written report as he deems pertinent. -36- Section 13-14 Scone of Authority on Appeal: In exercising the powers granted in this title, the Board of Adjustment may in conformity with this chapter, reverse or affirm, wholly or in part, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as should be made and to that end, shall have all the powers of the officer from whom the appeal is taken, insofar, as the decision on the particular issue is concerned. Section 13-15 Board of Adjustment -- Action Final: The action by the Board of Adjustment on an application for a special permit or variance, or on an appeal from the decision of an administrative officer shall be final and conclusive unless within ten (10) days from the date of said action the original applicant or an adverse party makes application to a court of competent jurisdiction for a writ of certiorari, a writ of prohibition, or a writ of mandamus. Section 13-16 Inclusion of Findings of Fact; Both the Board of Adjustment and Zoning Adjustor shall, in making an order, requirement, decision, or determination include in a written record of the case, the findings of fact upon which the action is based. Section 13-17 Meetings and Rules of Order: The Board of Adjustment shall fix its place of meeting and shall conduct at least one regular meeting each month, provided that if no issues over which the Board has jurisdiction are pending upon its calendar, a meeting may be cancelled. Other meetings of the Board of Adjustment shall be held at the call of the chairman and at such other times as the Board of Adjustment may determine. All hearings of the Board shall be open to the public. The presence of two (2) members shall constitute a quorum. In all other matters, the Board of Adjustment shall proceed according to its own rules of order for the conduct of business -and shell file its rules of order with the City Clerk. Section 14-00 REPEAL OF CONFLICTING ORDINANCES -- EFFECTIVE DATE: All ordinances or parts of ordinances in conflict with this Zoning Ordinance, or inconsistent with the provisions of this Ordinance, -37- are hereby repealed to the extent necessary to give this Ordinance full force and effect. This Ordinance shall be in full force and effect after its passage and publication as required by law. LeetU,n'I5_-O0 DEFINITIONS For the purpose of this Ordinance, certain terms or words herein shall be interpreted or defined as follows: Except where specifically defined herein all words used in this Ordinance shall carry the customary meanings. Words used in the present tense include the future and the future includes the present and the plural includes the singular and the singular includes the plural. The word lot includes the word plot. The word building includes the word structure. The word shall is intended to be mandatory. Occupied or used shall be considered as though followed by the words "or intended", "arranged", or "designed to be used or occupied". Accessory Uses: A use subordinate to the principal use or building and located on the same lot with such principal use or building. Agricultural Use (limited): An agricultural operation including the construction of farm buildings and the keeping of farm animals, but the agricultural operation shall be for a personal use only and not be carried on as a commercial enterprise where a profit is realized. Alley: A narrow service way, not less than twenty (20) feet wide, providing a secondary public means of access to abutting properties. Alterations: As applied to a building or structure. (a) A change or rearrangement of the structural parts in the existing facilities, or (b) An enlargement or addition on a building or structure, or (c) Moving a building or structure from one location or position to another, or (d) A change of use. Alterations. structural: Any change of supporting members of a building such as bearing walls, columns, beams, or girders. Apartment House: A building arranged, intended, or designed to be occupied by -38- s three (3) or more families living independently of each other. Area, net site: The total area within the property lines exclusive of external streets. Auto Court: A building or group of buildings, detached or semi-detached, containing rooms or apartments and having automotive parking or storage space, provided directly or in close connection therewith. Such building or group of buildings, designated, intended, or used primarily for the providing of sleeping accommodations for automobile travelers. Basement: A story partly underground, but having at least one-half (J) of its height above the average level of the adjoining ground. A basement shall be counted as a story for the purposes of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five (5) feet or if it is used for business or dwelling purposes. Boarding House: Any dwelling with less than twenty (20) sleeping rooms in which persons either individually or as families are housed or lodged and are provided meals at said dwelling. A rooming house or furnished rooming house shall be deemed a boarding house. Building: A roof supported by walls or columns for the enclosure of persons, animals or property of any kind or nature. Building. Accessory: A supplementary building, the use of which is incidental to that of the main or principal building and which is located on the same lot therewith. Building. Area: A total area taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of covered porch terraces and steps. Building. Detached: A building surrounded by open space as required herein. Building. Front Line of: The line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches whether enclosed or unenclosed, but does not include steps. Buildiniz, Height: The vertical distance measured from the average elevation of the proposed finished grade from the front of the building to the highest point of the roof for flat roofs, to the deck line for mansard roofs and to the mean heights between eaves and the ridge for gable, hip, and gambrel roofs. -39- Building ,main: A building in which is conducted the principal use of the lot on which it is situated. Camping ground: A parcel of land used or intended to be used, let, or rented for occupance by campers, even though the occupancy by campers shall be in trailers, tents, movable or temporary buildings, rooms, or sleeping quarters of any kind, the same shall still -be deemed to be a camping ground. Cellar: A story partly underground and having more than one half Q) of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the permissable number of stories. Club. membership: An organization catering exclusively to members and their guests in premises and buildings for recreational and athletic purposes. Such operations shall not be conducted primarily for gain and also there shall not be conducted any vending, merchandising, or commercial activities except as required generally for the membership and purposes of such club. Court: An unoccupied open space other than a yard on the same lot with a building which is bounded on two (2) or more sides by the walls of such building. Court, inner: A court enclosed on all sides by exterior walls of the buildings, or by exterior walls and lot lines on which walls are allowable. Court outer: A court extending to a street line or opening upon any front, side or rear yard. Coverage: That percentage of the plot or lot area covered by the building area. Curb level: The officially established grade of the curb in front of the midpoint of.the lot. Dog kennel: A structure used for the harboring of more than three dogs over six months of age or more than one female dog over six months of age. Dwelling: A building designed for or used as a living quarter for one (1) or more �families. The term`"one-family dwelling", "two-family dwelling", or "dwelling group" shall not be deemed to include automobile courts, mobile homes, or tourist homes. Dwelling, one -family: one family. Detached dwelling designed for or occupied exclusively by Dwelling. two-family: A building designedfor or occupied exclusively by two families living independently of each other, except that common laundry facilities are allowed. Dwelling. multiple: A building used or designed as a residence for three or more families living independently of each other doing their own cooking therein. This shall include apartment houses, apartment hotels, flats and group houses. Dwelling unit: A building or portion thereof providing complete house keeping facilities.for one family. Family: One or more persons occupying a premise and living as a single housekeeping unit as distinguished from a group occupying a group house, lodging house, club, fraternity, or hotel. Filling station, public gasoline: Any area of land, including any structure or part thereof that is or are used or designed to be used for the supply of gasoline, also deemed to be included within this term shall be: Any area or structure used or designed to be used for polishing, greasing, washing, spraying! (other than paint), dry cleaning, or otherwise cleaning or servicing such motor,vbhicles. Floor area: The sum of the gross horizontal areas of the several floors of the building or buildings measured from the exterior faces of exterior walls or from the center line of walls separating two buildings. In particular, the floor area of a building or buildings shall include: (a) Basement space (b) Floor space for mechanical equipment, with structural headroom of seven (7) feet, six (6) inches or more. (c) Elevator shafts and stairwells at each floor. (d) Penthouses (e) Attic space (whether or not floor has actually been laid) providing structural headroom of seven feet, six inches or more. (f) Interior balcony and mezzanine. (g) Enclosed porches. (h) Accessory uses not including space for accessory off-street parking. However, the floor area of the building shall not include: (i) Cellar space, except that the cellar space used for retailing shall be included for the purposes of calculating requirements for accessory off- street parking spaces, and accessory off-street loading spaces. 10 .8, -41- w (j) Elevator and stair bulkheads, accessory water tanks and ccing towers. (k) Attic space, (whether or not a floor has actually been laid) providing structural headroom of less than seven feet, six inches. (1) Uncovered steps. (m) Terraces, breezeways, and open spaces. (n) Accessory off-street parking spaces. Floor area ratio of -a building:. A quotient of the floor area of the building divided by its lot area. Garage. private: A garage used for storage purposes only and having a capacity of not more than three automobiles or not more than two automobiles.per family housed in a building to which such garage is accessory, whichever is greater. Space. therein may be used for not more than one commercial vehicle whose gross vehicle weight shall not exceed 6,000 pounds GVW. Temporary storage of farm vehicles not to exceed three consecutive days is permissable. Space may be rented to not more than two vehicles of other than the occupants -of the buildings to which the garage is accessory. Garage, public: Any garage other than a private garage, available to the public, operated for gain and which is used for .storage, repair, rental, greasing, washing, servicing, adjusting, or equipping of automobiles or other motor vehicles. Home occupations: An occupation -which is carried on in a dwelling unit, and: (a) Is carried on only within the principal building. (b) Is carried on by a member of the family residing in the dwelling unit. (c) Is incidental and secondary to the use of the dwelling unit for residential purposes. (d) Which conforms to the following additional conditions: (1) Exterior signs or display shall be in conformance with provisions of this ordinance regulating same. (2) There shall be no exterior storage of materials or exterior indication of the home occupation or variation from the residential character of the principal building. (3) No offensive noise, vibrations, smoke, dust, odors, heat, or glare shall be produced. (4) Employment of not more than one person not a member of the immediate family is permitted only at the discretion of the Zoning Board of Adjustment upon application in writing describing the full nature and extent of the occupation. In particular, home occupations include, but are not limited to the.following: -42- v (a) Art studio (b) Dress and drapery making (c) Teaching with musical instruments limited to a single pupil at a time. (d) Preparation of food for off -premise sale. However, a home occupation shall not be interpreted to include the following: (a) Barber shops and beauty parlors. (b) Real estate and insurance offices. (c) Restaurants. (d) Commercial stables and kennels. (e) Cabinet making. Hospital: Unless otherwise specified, the.term "hospital" shall be deemed to include sanitarium, sanatorium, preventorium, clinic, rest home, nursing home, convalescent home, and any other place for the diagnosis, treatment, or care of ailments and to be limited to the above named places. Hotel: A building containing rooms intended or designed to be used or which are used, rented, or hired. out to be occupied or which are occupied for sleeping purposes by guests and in which only a general kitchen and dining rooms are provided within the building or an accessory building. Junk Yard: A lot or structure or part thereof used primarily for the collecting and/or storage and/or sale of waste paper, rags; scrap metal or discarded material and/or for the collecting, dismantling, storage, -.and salvaging of machinery and/or vehicles for the sale of parts thereof. Laundromat: A business premise equipped with individual clothes washing machines for use by retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or hotel. Laundry: A business where clothes and/or other fabrics are sent to be cleaned. Line= street: The dividing line between the dedicated right-of-way of a street and an adjacent lot. Lodging house: A building in which more than two (2) and less than twenty (20) rooms are rented and in which no table board is furnished. Lot: Land occupied or to be occupied by a building and its accessory buildings or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this ordinance. Said land shall not have -43- less than the minimum area required by this ordinance for the lot in a district in which such land is situated. Said lot shall also have its principal frontage upon a street or on such other means of access as may be determined by the provisions of this ordinance to be adequate. Compliance with the above stipulations shall be necessary for the issuance of a building permit for a building or structure. Lot. corner: Land at the junction of and fronting on two (2) or more intersecting streets. Lot, corner, depth of: A mean horizontal distance between the front and rear lot lines measured in the general direction of its side lot lines. Lot. interior: A lot other than a corner lot. Lot., through: An interior lot having frontage on two parallel or approximately parallel streets. Lot. key: A lot in which the front half of the side lot line forms the rear lot line of an adjoining lot. Lot, width of: The average width measured at right angles to the depth. i Lot. line: Any line dividing one lot from another. P W Motor vehicle, repair shop: A building or portion of a building arranged, intended or designed to be used for making repairs to motor vehicles. Non -conforming use: A building, structure, or use of land existing at the time of the enactment of this ordinance and which does not conform to the regulations of tie district or zone in which it is situated. Motel: Refer to Auto Court. Nursinp or convalescent home: Any building where persons are housed or lodged and furnished with meals and nursing care and which premises are licensed by the State of Washington. Nursery School: A -school designed to provide daytime care and/or daytime instruction for five or more children. Open spaces: An unoccupied space open to the sky on the same lot with a building. Patio: A paved area adjoining a dwelling, used primarily for recreation. Person: The term person, when used herein, shall include therein individuals, partnerships, associations, or corporations. -44- 49 Professional office in a residence: A professional office or studio located in the residence of a physician, surgeon, doctor, lawyer, architect, artist, or teacher or registered nurse. Such use shall be secondary and incidental to the residential use of;the building. The profession must be carried on in the principal building and may be advertised by a professional name plate or sign not to exceed 96 square inches that is attached to the main door or suspended in a window, and it may be illuminated but not in a flashing manner. Quarry, sand pit, gravel pit, topsoil stripping: A lot or land or part thereof used for the purpose of extracting stone, sand, gravel, or topsoil for sale as an industrial operation and exclusive of the process of grading the lot preparatory to the construction of a building for which application for a building permit has been made. Resident hotel: A building occupied by permanent guests only and not for transients. This building may also include restaurants, newstands, and other accessory services, only if such services are primarily for serving its occupants and only incidentally to the public. Riding Academy: Any establishment where horses are kept for riding, driving, or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment. J Sanitarium. sanatorium: A private hospital whether or not such facilities are operated for profit. Stable. Private: An accessory building in which horses are kept for private use and not for hire, remuneration, or sale. Stablb, public: A building in which horses are kept for remuneration, hire, or sale. Story: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it then the space between any floor and the ceiling next above it. Story,, half: A story under a gable, hip, or gambrel roof, the wall plates of which on at least two (2) exterior walls are not mare than two (2) feet above the floor of such story. StorX, height of: The vertical distance of a top surface of a floor to the top surface of the floor next above it. The height of the top most story is a distance from the top surface of the floor to the top surface of the ceiling joists. Street: A public or private way which affords a principal means of access to abutting properties. • -45- Structure: Anything constructed or erected, the use of which requires location on the ground or attachment to something having a location on the ground. Theater, moving picture: A building or part of a building devoted to the showing of moving pictures on a paid admission basis. Theater, outdoor drive-in: An open lot or part thereof with its facilities devoted primarily to the showing of moving pictures or theatrical productions on a paid admission basis, to patrons seated in automobiles or in outdoor seats. Tourist cabins: A group of buildings, including either separate cabins or a row of cabins, which: (a) Contain living and sleeping accommodations for transient occupance. (b) Have individual entrances. Tourist home: A dwelling in which overnight accomodations are provided or offered for transient guests for compensation. r WaV: A street or alley or other thoroughfare or easement permanently established for passage of persons or vehicles. Yard: An unoccupied space open from the ground line to the sky on the same lot with the building or structure. Yard. front: An open and unoccupied space on the same lot with the main building extending the full width of the lot situated between the street line and the front line of the building, projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the front property line. Covered porches whether enclosed or unenclosed shall be considered as a part of the main building and shall not be projected in to the required front yard. Yard. rear: An open unoccupied space on the same lot with the main building extending the full width of the lot and situated between the rear line orf the lot and the rear line of the building. The depth of the rear yard shall be measured between the rear line of the lot or center line cf an easement and the rear line of the building. Yard. side: An open unoccupied space on the same lot with the building situated between the furtherest projection of the building and the side lines of the lot extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side lines -46- Section 16-00 SEVERABILITY CLAUSE: Should any section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid. Passed by the City Council and approved as provided by law this 17 day of August, 1965. ATTEST:, r City Clerk Mayor APPROVED AS TO FORM: .ld* - - City Attorney -47- r I move that the Zoning Ordinance presented to the City Council by the City Planning Commission and considered by the Council following a Public Hearing held on July 20, 1965, be adopted with the following changes, additions, and deletions: ON THE PROPOSED ZONING MAP: a. Change the proposed zoning from Residential R-1 to Industrial I-1 in that area lying between the east right-of-way line of the Northern Pacific Railway property and the west right-of-way line of US 395 and extending from the north right-of-way line of PSH 3 to the north line of the south- west quarter of Section 17, Township 9, Range 29 east of the Willamette Meridian; and b. Change from Commercial C-3 to Industrial I-1 that area I-ira nnrth of "9." Street and south of the south right-of-way line of C61umbia Street and. west of the west right-of-way line of First Avenue, and east of the east right-of-way line of Tenth Avenue, except that area lying within Fann's Addition. Under Section 5-3-08 CENTRAL BUSINESS DISTRICT ZONE (C-2) Change item 2 under "Permitted Uses" to read as follows: All. uses permitted in the C-1 Retail Business District except service stations, provided however, any service station existing as of the effective date of this ordinance shall remain as a permitted use. 1 Under Section 5-4-001 INDUSTRIAL ZONES Change item 1 under "Permitted Uses" to read as follows: All uses permitted in the C-3 District provided however, that no residential buildings shall be allowed, provided further however, that any residential dwelling existing as of the effective date of this ordinance shall remain as a permitted use. Under Section 5-4-08, HEAVY INDUSTRIAL ZONE (I-2) Change item 1 under "Permitted Uses, to read as follows: All uses otherwise prohibited by law, but no residential buildings shall be built in an industrial area, provided however, that any residential dwelling existing as of the effective date of this ordinance shall remain as a permitted use. Under Section 5-6-00 SUPPLEMENTARY REGULATIONS Change item 3 under "Uses" to read as follows: Garages and Filling Stations: In a C-1, C-2, or C -1-D Business Zone or in an I-1 Light Industrial Zone, plans for the erection or structural alteration of any garages for more than 5 (five) motor vehicles, or of a service station shall be approved by the Planning Commission. Said Planning Commission may require such changes relative to yards, location of pumps, buildings, and construction of buildings as may be deemed best suited to insure the health, safety and 'general welfare, and to minimize traffic difficulties and to safeguard adjacent properties. 40 �tr CIT ORDINANCE ( revised 4-21-65) An ordinance estabTiiing comprehensive zoning regulations for the City of Pasco, and providing for thl administration, enforcement, and amendment thereof in accordance with the provisions of R.C.W. 35-63, and for the repeal of all ordinances in conflict herewith. Whereas the R.C.W. 35-63, empowers the city to enact a zoning ordinance and to provide for its administration, enforcement, and amendment, and ' Whereas the City Council deems it necessary for the purpose of promoting the health, safety, morals, and general welfare of the city to enact such an ordinance, and Whereas the City Council, pursuant to the provisions of R.C.W. 35-63, has appointed a planning commission to recommend the boundaries of the various original districts, and appropriate regulations to be enforced therein, and Whereas the Planning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a compre- hensive plan and designed to lessen congestion in the streets, to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and public requirements, and Where the Planning Commission has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings, and encouraging the most appropriate use of land throughout the municipality, and Whereas the Planning Commission has made a preliminary report and held public hearings thereon, and submitted its final report to the City Council, and Whereas the City Council has given due public notice of hearings relative to zoning districts, regulations, and restrictions, and has held such public hearings, and Whereas all requirements of R.C.14. 35-63, with regards to the preparation of the report of the Planning Commission and the subsequent action of the City Council have been met: Now, therefore, be it resolved by the people of the City of Pasco, Washington. 5-1-04 TITLE: The title shall be known as "The Zoning Ordinance for the City of Pasco". 5-1-08 PURPOSE: For the purpose of promoting health, safety, morals, and the general welfare of the community, the City of Pasco hereby regulates and restrains the height and number of stories; size of buildings and other structures; the percentage of lot that may be occupied; the size of yards, courts, and other open spaces; the density of population; the location and use of buildings; structures; and land for trade, industry, residence, and other purposes.- 5-1-12 urposes:5-1-12 ESTABLISHAIENT OF ZONES: For the purpose of promoting the public health, safety, morals, and general welfare of the City of Pasco, and in accordance with the provisions and objectives of R.C.W. 35-63, said city is hereby divided into the following types of zones: 1. R-1 Suburban Zone Low Density Residential District 2. R-1 Zone Low Density Residential District 3. R-2 Zone Medium Density Residential District 4. R-3 Zone High Density Residential District 5. C-1 Zone Retail Business Zone 6. C-2 Zone Central Business Zone 7. C-3 Zone General Business District Zone 8. C -1-D, Zone Designed Shopping Center Zone 9. I-1 Zone Light Industrial Zone 10, 1-2 Zone Heavy Industrial Zone -1- (revised 4-245) k -2- (revised 4-21-65) `5-1-16 ZONING MAP: Said Districts are bounded as shown on a map entitled "Zoning Map of the City of Pasco", which together with all explanatory material thereon, is hereby adopted by reference and declared to be a part of the ordinance. The official zoning map shall be identified by the signature of the Mayor of Pasco and attested by the City Clerk of Pasco. A true copy marked "&hibit A" shall be located in the office of the County Auditor, and shall be final authority as to the current zoning status of land and water areas, building and other structures of the city. In accordance with the provisions of this ordinance, if changes are made in district boundaries or other matters portrayed on the official zoning map, such changes shall be made on the official zoning map promptly after the amendment has been approved by the City Council. The amending ordinance .. shall provide that such changes or amendments shall not become effective until they have been duly entered upon the official zoning map. In the event that the official zoning map becomes damaged, destroyed, or lost, or difficult to inter-pret because of the nature or number of changes and additions, the City Council may by resolution, adopt a new official zoning map which shall sxpercede the prior Official Zoning Map. No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedure set forth in this ordinance. Any unauthorized change of whate,er kind, by any person or persons shall be considered a violation of this ordinance and punishable as provided under Section 5-11-12 of this ordinance. 5-1-20 RULES FOR INTERPRETATION OF DISTRICT BOUNDARDT?S: Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply: 1. Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines; 2. Boundaries indicated as approximately following platted lots shall be construed as following such lot lines; 3. Boundaries indicated as approximately following city limits shall be construed as following city limits; 4. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks; 5. Boundaries as indicated following shore lines shall be construed to follow such shore lines and in the event of change in the shore line,, shall be construed as moving with the actual shore line; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines; 6. Boundaries indicated as parallel to or extensions of features indicated in subsections l through 5 above shall be also construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map; 7. Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map or in other circumnftnces not covered by subsections 1 through 6 above, the Board of Adjustment shall interpret the district boundaries. 5-1-24 APPLICATION OF DISTRICT REGULATIONS- The regulations set by this ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter* Orbvided: -2- (revised 4-21-65) A* 3- 1. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, czstructed, reconstructed, moved, or structurally altered, unless in conformity with all of the regulations herein for the district in which it is located. 2. No building or other structure shall hereafter be erected or altered: (a) to exceed the height; (b) to accomodate or house a greater number of families; (c) to occ-apy a greater percentage of lot area; (d) to have narrower or smaller rear yards, front yards, side yards, or other open spaces; than herein required; or in any other manner contrary to the provisions of this ordi^-:nce. 3. No part of a yard, or other open spaces, or off -Street parking or loading space required about or in connection with any building for the purpose of complying with this ordinance shall be included as part of a yard, open space, or off- street parking or loading space similarly required for any other building, except as provided under Item 5, Section 5-9-00 in thus Ordinance. 4. No yard or lot existing at the time o' passage of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after tha effective date of this ordinance shall meet at least the minimiun requirements established by the ordinance. 5. All territory which may hereafter be annexed to the C9' -1y of. Pasco shall be classified in that zone most d�t closely analogous to c ting city zonir..g at the time of the annexation. 5-2-00 DISTRICT REGULATIONS: 5-2-04 R-1 SUBURBAN ZONE (Low Density Residential District) 5-2-04--1 Site Area: The following lot area requirement shall apply in the R-1 Suburban Z6ne, except where a lot has less area than regal` -c%d in this section as shown by any official plat on file in the office of the County Auditor or shown by the last conveyance of record at the time of the passage of this title, these re -illations shall not prohibit one (1) private dwelling and its accessory building on such lot, provided 70% of the area of the site, excluding easements, be left in open spaces free from structures, or shall not prohibit one (1) two family dwelling provided 60% of the site, excluding easements, be left in open spaces free from structures. 5-2-04-2 Pe-cmitted Uses- I. ses: 1. Residential dwellings 2. :t'ablic and private elementary schools, high schools, colleges, universit':•es, public parks and playgrounds. 3. Fire Department Station Houses. 4. Churches where off-street parking is provided asset forth n paragraph B Sect. 5--9-00 of the ordinance. 5. Limited agricultural activities shall be permitted on all tracts of land consisting of not less than one half (2) acre of irrigated land provided that such activities shall not become of such an intensity so as to become a nuisance as defined under Section Three of Ordinance No. 1091 of the City of Pasco. 5-2-04-3 Permitted Accessory Uses: 1. Private garages when located not less than 60 feet from the front property line nor less than 20 feet from any flanking street line, or when attached to or within a building. 2. Other customary uses and buildings. 3. Professional offices in a residence. -3- revised 4:21-65 `5-2-04:4 Permitted Conditional Uses: 1. Uses permitted upon issuance of a special permit as provided in Section 5-7-6,0 of this ordinance. a. Churches and similar places of worship where off-street parking is not provided are permitted when approved by the Planning ComMi.s3 ion . b. Recreation buildings or areae operated by membership clubs for the benefit of members and not for gain. c. Schools not heretofor-- defined, public libraries, and municipal office buildings. d. Cemetery, airport, recreation camp, hospital, sanitarium, correctional institutions, and institutions for the insane. e. Private nursery school. f. Philanthropic or eleemos2rnary institutions. g. Parish house, religious education building, conrant or monastery. 5-2-04-5 B�iildan Heihts� 1. Two (2) stories or twenty Five (25) fee6 e.:zce;.)t that 1build-.11g.1eights greater than two stories or twenty --five (25) feet may be allowed by special permit. 5-2-04-6 Lot Area: Subu rba.Y+ 1. In the R-1/Zone, the minimum lot area is 10,000 square feet for each dwelling unit thereon constructed. 5-2-04-7 Lot Coverage: 1. All buildings, i.rtrluding accessory buildings; covered breezeways, covered parking or loading spaces shall not covex,-more than thirty (30) percent of an interior lot nor more than forty (40) percent of a corner lot. 5-2-04-8 Yard Requirement: 1. Front Yard: The front yard shall have a depth of not less than twenty-fltre (25) feet which shall be measured from the proposed r:i.grftT-of-way liize as shown in the Comprehen..itye Plan. Miere a building or a structure exceeds twenty-five (25)" feet in height, the front yard shall be increased at a five to one (5-1) height of the building, front yard ratio. Fb-,.ample: For each five (5) feet in excess of the thirty-five (35) feet, the front yard shall be increased one (1) foot. 2. Side Yard: The minimum side yard shall be tan (10) fe't, 3. Rear Yard: The rear yard shall not be less than the height of the building. 5-2-08 R-1 ZONE (Low Density Residential District) 5-2-08-1 Site Area: The site area is the same as for the R-1 Suburban Zone, 5-2-08-2 Permitted Uses: 1. All principal uses set forth under R-1 Suburban Zone regulations shall be permitted in the R-1 Zone, except limited agricultural activities. 2. Roomers: The renting of rooms for lodging purposes only, provided however, such accomodations shall not exceed four (4) persons in a single family dwelling. One parking space per roomer must be _. provided in addition to the requireme4s set forth under Item A, Section 5-9-00 of tris Ordinance. -4 k-21-65 S -5- 15-2-08-3 Permitted Accessory Uses: 1: All accessory uses set forth under R-1 Suburban Zone Regulations shall be permitted in the R-1 Zone. 5-2-08-4 Permitted Conditional Uses: 1. Uses permitted upon issuance of a special permit as set forth under R-1 Suburban Zone Regulations shall be'permitted in R-1 Zones. 5-2-08-5 Building Heights:4 The building heights restrictions are the same as those set forth uudcr the IL-1 Suburban Zone. 5--2-084 Lot k',vea: In the R-1 Zone, the minimum lot area is 7,200 square feet for each dwelling unit thereon constructed. 5-2-08-7 Lot Coverage: All buildings, including accessory buildings, covered breezeways, covered parking or loading spaces, shall not cover more than thirty (30) percent of an interior lbt nor more than forty (40) -percent of a corner lot. 5-2-08-8 Yard Requirements: All yard requirements as set forth under the R-1 Suburban regulations shall apply here, except the minimum side yard shall be reduced to five (5) feet. 5-2-12 R-2 ZONE (Medium Density Residential District) 5-2-12-1 Site Area: The Site Area is the same as for the R-1 Suburban Zone. 5-2-12-2 Permitted Uses: All permitted uses set forth under R-1 District Regulations shall be permitted in the R-2 Zone. 5-2-12-3 Permitted Accessory Uses: All permitted uses set forth under R-1 District Regulations shall be permitted in the R-2 Zone. 5-2-12-4 Permitted Conditional Uses: Uses permitted upon issuance of a special permit as set forth under the R-1 Suburban District Regulations shall a._..._. be permitted in the R-2 Zone. 5-2-12-5 Building Heights: Three (3) stories or thirty-five (35) feet except that. building heights greater than three stories or thirty-five (35) feet may be allowed by special permit. 5-2-12-6 Lot Area: In the R-2 Zone, the minimum lot area shall be not less than 3,000 square feet for each dwelling unit thereon constructed, however; no dwelling shall be constructed upon a lot uhi.ch has a width.of less than 50 feet and a depth of less than 100 feet, except as.provided under 5-2-12-1, Site Area. 5-2-12-7 Lot Coverage:All buildings, including accessory buildingscovered u breezeways, covered parking or loading spaces shall not cover'more than forty (40) percent of an interior lot or more than sixty (60) percent of a corner lot, except as provided for under 5-2-12-1, Site Area. 5-2-12-8 Yard Requirements: All yard requirements as set forth under R-1 District Regulations shall apply here. -5- 5-2-16-1 Site Area: The site area is the same as for the R-1 Suburban Zone. 5-2-16-2 Permitted Uses: 1. All uses permitted in the R-2 Zone shall be permitted in the R-3 Zone. 2. Clubs and lodges excepting such clubs or lodges where the chief activity and services of which are customarily carried on as a business or primarily for gain. in connection with such clubs and ledges, a dining room may be operated, 1provided that it is conducted for the benefits of the members thereof only. 3. Rooming houses, boarding houses, and tourist homes. 4. Hospitals and clinics, drug ;stores for the dispensing of drugs only as accessory uses to hospitals and clinics, sanitoriums, rest homes, philanthropic, and eleemosynary institu6ions, and similar uses. 5. Mobile Hone Parks provided the requirements as stated in the Mobile Home Park Ordinance for the City of Pasco, are ;net. 6. Artists studios. 7. Office buildings. 8. Day nurseries. 9. Home occupations. (refer to definitions in this ordinance) 10. Photographic shops. 11. Shoe repair shops. 5-2-16-3 Permitted Accessory Uses:, 1. All permitted accessory uses set forth under R-2 Dic:trict Regulations shall be permitted in the R-3 Zone. 5-•2-16-4 Permitted Conditional Uses: :�., Uses permitted upon issuance of a special permit as provided in Section 5-7--00 of this ordinance. (a.) Clrar-ches and similar places of worship where off-st,-eet parking is not provided are permitted when approved by the Planning Commission. (b) Schools not heretofore defined, public libraries, and municipal office buildings. (c) Cemetery, airport recreation camp, correctional institutio;:s and institutions for the insane. (d) Private nursery school. (e) Parish house, religious education building, convent or monastery. 5-2-16-5 Psildkg Heights: 1. Four (4) stories or forty-five (4.5) feet except that building heights greater than four stories or forty-five (45) feet may be allowed by special permit. 20 I* `5-2-16-6 Lot Area: Mfg In the R-3 Zone, the following shall be considered as minimum lot area; however, no dwelling shall be constructed upon a lot which has a width of less than 50 ft. and a depth of less than 100 ft., ez�ept as provided in Section 5-2-041 Site Area. (a) For single story building, not less than 1,500 square feet for each dwelling unit thereon constructed. (b) For buildings, two or more stories in height, not less than .1,000 square feet for each dwelling unit thereon constructed. 5-2-16-7 Lot Coverage: 1. All buildings, including accessory buildings, covered breezeways, parking or loading spaces shall not cover more than sLcty (60) percent of an interior lot or a corner lot. 5-2-16-8 Yard Re,uirements: 1. All yard requirements as set forth under Pv- 2 District Regulations shall apply here. 5-2-16-9 Court: Outer Courts: All mualtiple: family residences shall have the following court dimensions: (a) The width of any outor court upon which windows from a living room, dining room, or bedroom open shall not be less than the height of any opposing wall forming said court. (b) The depth of an outer court formed by walls on three (3) sides shall not be greater than one and one-half (2) times the width. 2. Inner Courts: (a) The least dimensions of an inner court shall not be less than the full height of the walls enclosing such courts, but not less than fifty (50) square fedi,. (b) An open unobstructed passageway shall be provided at ground level for each inner court. Such passageway shall have a cross section area and sufficient head room to permit the passage of fire fighting equipment and shall be continuous from the inner court to the yard or an unobstructed open area between buildings. -7- 1 5-3-00 BUSINESS ZONE DISTRICTS: -8- (revised 3-25-65) 5-3-•04 C-1 RETAIL BUSINESS ZONE 5-3-08•• C-2 CE1TtTRAL BUSINESS DISTRICT ZONE 53-12 C-3 QENERAL BUSINESS ZONE 5-3-16 C -1-D DESIGNED SHO°PING CENTER 3 RETAILBUSINESS ZONE (C-1.,) 5-3-04-1 Permitted Uses 1. All uses permitted in any residential district. 2. Stores and shops for the conduct of retail business. 3. D -inks . 4. Restaurants 5. Dancing Schools 6. Shops for repair and similar services, such as: a. Bakeries, retail for distributicn from the premiss.*.� b. Barber shops and beauty shops c. Catering establishments d. Garage and filling stations, provided: 1 No repair work is performed out-of-doors 2 Pumps, lubrication, or other devices;are located at least fifteen (15) feet from any street property line. 3. All automobile parts and dismantled automobiles are stored within the building, except out --door display racks. e 1a�.ndramats; and'dry cleaning establishmehss employing not more than five (5) persons. f. Locksmith .Shops h. Membership Clubs :::_.., _U';`Photo''-.shops j. Shoe Repair shops k,' '�Ou:tdoor �advert'I ing billboard 1. Undertaking establishments (special permit as specified in Section 5-7400):. 7. Hotels. and motels 8_. Taverns` -'a id> cocktail lounges 9 Sn-_(re'er to Sign Ordinance) -9- (revised 3-25-65) 5-3-04-2 Permitted Accessory Uses: 1. Accessory buildings and accessory uses permitted as defined under "Definitions" in this ordinance. 5-3-04-3 BuildingHei hg ts: 1. Same as for R -''residential district. . _3 5-3-04--4 Lo -Area* 1. No specific lot area is required for commercial structures, however, any building used for residence shall have a lot area equal to that required for the same type of residential dwelling in the R-* Distrift. 5-3-o4-5 Yard Requirements: 1. Front Yards: Fifteen (15) feet required for commercial buildings, which shall be measured from the proposed right-of-way line as shown in the Comprehensive Plan, except where the commercial district abuts or joins an R --District in which case there shall be a front yard as specified in Section 5-10-00, Transition Regulations. 2. Side Yards: None required for commercial buildings except where a lot in the commercial district abuts upon a lot in a residential district, in which case the standards shall be followed as shown in Section 5-10- 00, Transition Regulations. Any building used for residential purposes on the first floor shall have a side yard as specified for such dwell- ing in the R-# Residential District. _5 3. Transition Regulations: Where a lot in a commercial district abuts upon a lot in a residence district, the standards as shown in Section 5-10-00, Transition Regulations, shall prevail. 4. Residential Yard: A building erected for residential use shall hire a rear yard as specified for such dwelling in the R-* Residential District. _1::28 _ _ CENTRAL BUSIIMSS DISTRICT ZONTTE ( C-21 A.�.� 5-3-08-1 Permitted Uses: 1. All uses permitted in any residential district. 2. All uses permitted in C-1 Retail Business District, except service stations. 3. Offices 4. Theaters 5. Assembly Halls 6. Membership clubs 7. Bars and package liquor stores 8. Bowling alleys 9. Public and private recreation use 10. Rail and bus stations 11. Motor vehicle sales rooms 12. Retail plumbing shops (no outdoor storage of material) 13. Printing shops 14. Retail painting shops (no outdoor storage of material) 15. Upholstering shops (no outdoor storage of material) 16. Sign shops (no outdoor storage of material) 17. Garages (by special permit) -9- (revised 3-25-65) -- (revised 1-13-65) /d 5-3-08-2 Permitted Accessory Uses: 1. Accessory buildings and accessory uses permitted as defined under 'Definitions" in this ordinance. 53.-08-3 Bui-Idi.ng Heights: Four stories or forty-five (45) feet except building heights greater than four stories or forty-five o.45) feet may be allowed by Special Permit. 2. Exceptions to Heights Re�:tlation.s (a) Chimneys, water tanks, pent houses, towers, monuments, cupolas, domes, false mansards, and similar structures and necessary mechanical arpurtenances may be erected to any height in accordance with existir_g or hereafter adopted ordinances of the City of Pasco, except such features shall not exceed the cross sectional area of twenty (20) percent of the ground floor area of the building. (b) The above exceptions shall not apply to structures within designated airport hazard zones. 53-08-4 .Lot -Area _- 1. Same as for the C--1 Zone. 5-3-08-5 Yard Require)-ueni,s: 1. Front Yard: None required 2. Side Yard: None required 3. Rear Yard: None required 4. Off -Street Parking, hTone required 5� Residential Yard: A building erected for residential use shall have a�front, side, and rear yard as specified for such a yard in the District. 6. Transition: Where a lot in a C•-•2 District abuts upon a lot in a residential district, the standards as set forth in Section 5-9-00 Transition Regulations, shall prevail. 53-08-6 Unloading and Shipping Facilities: 1. Dimensions for unloading and shipping spaces: (a) General delivery tracks -- 35 feet by 10 feet; or 350 Sq. Ft. (b) Shipping and receiving semi -trucks -- 45 feet by 10 fest; or 450 square feet. 2., Facilities required, based on square footage of floor space under one roof: (a) For all retail, wholesale, furniture, restaurants, and appliance establishments, (individuals or in groups). (1) Up to 2,250 squ.-_re feet: (a) General dalive.r.- ; ce 350 square fed; (2) For every 5,00C r:ccc ,Y r, feet over 21250 or fractions thereof: (a) General del ivery s-,mce -- 450 square feet 3. For apartment buildings, ho'cels, office buildings, fraternities, (a) Up to 50,OCO square feet -- 350 square feet (b) From 50,000 square feet to 200,000 -- 650 Square feet (c) Por each 200,000square feet or fraction thereof in excess of 200,000 square feet -- 350 sqaare feet. --)k- (revised 1-13-v65) /0 -10- (revised 1-13-65) 4. For theaters and bowling alleys: square feet �a� U to 25,000 square feet -- 350 b For each 25,000 feet or fraction thereof in excess of 25,000 square feet --- 350 square feet. 5-3-08-7 All retail stores with 7,500 square feet or more of gross floor area must provide public rest rooms. 5-3-12 GENERAL BUSINESS ZONE (C-3) 5-3-12-1 Permitted Uses: 1. All uses permitted in any residential district. 2. All uses permitted in the C-2 Business District 3. Service Stations 4. Mortuary 5. Laundry 6. Express office 7. Wholesale business 8. Heavy machinery sales and service 9. Warehouse 10. Landscape gardening and wtorage area for equipment and materials 11. Automobile sales and service 12. Mobile home and trailers sales and service 5-3-12-2 Permitted Accessory Uses. 1. Accessory buildings and accessory uses permitted as defined under "Definitions" in this ordinance. 5-3-12-3 Building Heights: 1. The building heights restriction shall be the same as set forth under the C-2 Zone, (a) Elceptions to height regulations: Chimneys, water tanks, pent houses, towers, scenery lofts, elevators, bulk- heads, stacks, ornamental casting towers, monuments, cupolas, domes, false mansards, and similar structures and necessary mechanical appurtenances may be erected to any height in accordance with Existing or hereafter adopted ordinances of the City of Pasco, except that such features shall not exceed the cross section area of twenty (20) percent of the ground floor area of the building. (b) The above exceptions shall not apply to structures with- in the designated airport zones. 5-3-12-4 Lot Area: 1. Same as for the C-1 Zone. 5-3-12-5 Yard Requirements: 1. Front Yard: None required 2. Side Yard: None required 3. Rear Yard: Supplementary regulations for off-street parking shall prevail. 4. Residential Yard: A building erected for residential use shall have a side, front, and rear yard as specified for such yard in the R-3 :=residential District. -10- (revised 1-13-65) mom- revised 2-23-65 �z ` r y 5. Transition: Where a lot in a C 3 District abuts upon a lot in a residential district, the standards set forth in Section 8-10-00, Transition Regulations, shall prevail. -3-16 DESIGNED SHOPPING CENTER ZONE ( C -1-D 5-3-16-1 Permitted Uses: 1. Places of recreation, stores for the sale of retail goods or perfor- mance of customary personal services, or service clearly incidental to and on the sa;ae premise with such retail sales, provided such incidental fabrication is conducted entirely within the building and does not occupy more than twenty --five (25) percent of the floor area used for business purposes. 2. Business, professional, or banking offices. 3. Restaurants, cafe, or other places serving food or non -intoxicating beverages. 4. Parking lot areas for transiet ;rotor vehicles, but not for storage of new or used motor vehicles for sale or hire. 5-3-16-2 Permitted Accessory Uses: 1. Any customary use incidental to the permitted use, but not incl- uding any outdoor sttorage. 2. Signs pertaining to permitted use, -::d an the same lot therewith. (refer to sign ordinance,.) 3. Outdoor advertising --- billboards. (refer to sign ordinance) 4. Exterior spot lighting of buildings, or grounds, provided that such lights shall be from a shaded source, and be located so that the beams are not :?irected towards any lot in a residential district or public highway. 5. Gasoline filling stations may be permitted upon i�B.uance of a special permit as provided in Section 5-7-00 of this Ordinance. 6. Cocktail lounges or tavern-- may be permitted upon issuance of a special permit as provided in Section 5-7-00 of this Ordinance; 5-3-16-3 Du.ild.inR Hei ghts_ 1. The height of any building in this zone shall be no greater than thirty --five (35) feet or two (2) stories. 2. Any height greater than 35 feet or two (2) stories will. be subject to the Planning Commission's review. 5-3-16-4 Lot Area: 1. No building use shall be erected or maintained on a lot having an area of less than tmo (2) acres. Less than two acres, a special permit shall be required. 5-3-16-5 Yard Reauirements; 1. Front Yard: The front yard shall be at least thirty (30) feet in depth, except i -;here park i. -.g .is pro-, ded. in such yaz d, the depth of the front yard `.shall be sc at least seventy-five (75) feet, -�t- (revised 2-23-65) /2 !3 2 Side Yard: None required except in the following cases: a Where one is provided it shall be at least four (4) feet in width, b Where one is used as a vehicular access way, it shall be at least twenty-five (25) feet in width. c Where the side lot line abuts any lot or area of land in a residential district, the side yard shall be at least fift,- (50) feet in width and a twenty (20) foot strip adjoining such residential district shall be always maintained as a landscaped. buffer area. 5-3-16-6 Site Plan Reviiew and Approval 1. In each case where a building or use is proposed, the Building Inspector shall _refer the site plan of the proposal to the Pasco City Planning Conmission for its review. Such Commission shall determine that all the requirements of these vegulations have been met, and after holding public hearing in each case following the procedures required for approval of subdivisions, shall approve, approve with modifications, or disapprove such site plan. In modifying or disapproving such site plan, the Commission shall enter its reasons for such action in its records. 5-1.-00 IN'DUSTRIAL ZONES DISTRICTS 5-004 I-1 ►,AM, 5-4-08 I-2 HEA17Y MUSTRIAL ZONE 5-4-04 LIGHT INDUSTRIAL ZONE (1-1) 5-4•-04-1 Permi:vted Uses : 1. All uses permitted in the G-3 District, except revolential dwellings. 2. Lumber or building material storage yard. 3. Carting, express or storage yards. 4. Contractors plant or storage yards. 5. Electrical central power station. 6. Laboratories -- experimental, 7. Automotive assembly and repair (major). 8. Creamery, bottling, ice manufacture and cold storage plant. 9. Blacksmith, welding, or other metal shops, excluding punch presses over twenty (20) tons rated capacity, drop hammers, and the like, 10a Foundry casting non-ferrous metals or electric foundry not causing noxious fumes or odors. 11. The manufacturing, compounding, procojs ng, packag1ng of cosmetics, pharmacology, and food pro !1_x s _ fish and meat products, and theredicijig- and ..... :: _LF, a.id oils. -)Q- revised 2--23-65 13 �14 (revised 3-25-65) 5 -1E -01E-2 Prohibited Uses: 1. All uses of land, buildingis, and structures or industrial processes that are noxious or injurious by reason of production, or emission. of dust, smoke, or refuse matter, odor, gas fumes, noise, vibration, or substances or conditions provided, however, that any uses may be permitted if approved by the Board of Adjustment, and subject to securing a permit thereof to such conditions, restrictions, and safeguards as may be deemed necessary ty such Board for the purpose of protecting the health, safety, morals and general welfare of the community. 5-4-04-3 Daiiding HeiEhts® 1., No requirements 5-4-04-4 Lot Area:: 1. No requirements except for parking as provided under Section 5-9-00 of this ordinance. 5-4-04-5 Ya d Requirement 1. Front Yard: None required. 2 _Side Yard: There shall be a side yard along the side of every lot not less U-han ten (10) feet in width provided, however, that any lot bordering a residential district on a side yard shall have a side yard width riot less than the minimum width required in a residential district, ti-ihichever is greater. 3. Rear Yard: There shall be a -rear yard on every lot not less than twent-N --five (25)feet in depth except where a railroad line or spur line is lccated on or adjacent to the rear lot line from which goods or materials are to be loaded or unloaded .from the railroad car, in which case no rear yard st-tc.11 be regalred. 2-L.-08 FIFA '_i' INDUSTRIAL ZONE (1=2 j 5-4-08-1 Peimiitted Uses: i. All uses not otherwise prohibited by law but no residential buildings shall be built in industrial area. 2. Junkyards, automobile wrecking yards, scrap iron, scrap paper, or rag storage, sorting or bailing provided: (a) An eight (8) foot sight -obscuring fence must be constructed and inspected prior to the issuance of a certificate of occuapancy for use of the goods. Said fence shall be of a solid single neutral color. (b) No automobile or parts thereof, junk, or salvage materials or parts thereof shall be visible from any public right-of-way. All materials or parts shall be hated within the fenced area. (c) There shall not be at any time more than forty (40) vehicles per acre of fenced area. (d) A performance bond for $1,000.00 stall be required prior to the issuance of an oet:upancy parrs t, to assure compliance with provisions of this St.ctyon. yin ooad. shall. remain in force as long as the use (e) The permit shall be granted for a period not to exceed two years and at the end of such period, an inspection shall be made of the premises to determine the advisability of renewing such permit. -14- (revised 3-25--65) �1 jam. 5-4-08-2 Prohibited TJ --es: 1. No building permit shall be issued for any of the following uses until and unless the location of such use shall have been authorized by the Board of Adjustment: (a) (b) (c) (d) (e) (k) 5-4-08-3 Building Heights: Slaughter houses and stock yards. Acid manufacture or wholesale storage of aci,:s. Cement, lime, gypsum, or t d.ot,er of paris manufacture. Distillation of bones. Manufacture of explosives or storage of explosives, including gases. Fat rendering, fertilizer, gas or glue manufacture. Garbage, offal, or dead animal reduction or dumping. Petroleum or petroleum products refining. Smelting or reduction of ore or metalurgical products. Racetracks and courses for the conduct of seasonal or periodic racing. Asphalt or concrete batch plant. 1. No requirements. 5-4-08-4 'Lot Area: 1. No requirements except for parking as provided under Section 5-9-•00 of this Ordinance. 5-4-08-5 Yard Requirements: 1. Front Yard: None repaired: 2. Side Yard: None required except when adjoining ar.� ft -District, in which case not less than two hundred feet, of which a strip at least ten (10) feet wide shall be landscaped and maintained as a buffer area. 5_�-00 LANDING FIELD ZONE 5-5-04 Site Area: The building area and yard area restrictions and regulations of any other use district, established under this Title to which a Landing Field or Airport is supplementary shall apply. 5-5-08 Permitted Uses: 1. Landing fields, airports, and all necessary accessory appurte- nances for aerial transportation. 2. The uses permitted and the restrictions imposed in a Landing' Field Zone are in addition to and supplement those uses permitted or restrictions imposed by the provisoes of the City of Pasco Zoning Ordinance as applied to such property within such Landing Field Zone. 5-5-12 P}:ilding Heights: 1. Airport Hazards Zoning NIap_ When it is found that airport hazards endanger the lives and property of users of airports and of occupants of land in their vicinity, and also, if of the obstructive type, in e:fec;, reduce the size of the areas available for landing; t^.:..n;, c.t and maneuvering of aircraft thus to d:ing to dest.'r.)or T.pa r the utility of the airports and the public investment thereiiz; the City Coutcil, on recommendation of the Planning Commission, aay adopt zoning maps to regulate the use of land and the height of structures and trees within airport hazard areas. Such airport hazards zoning maps shall be adopted by resolution and shall become a part of this Title. 15 -] '- revised 21-23-65 2. Use Restriction: Notwithstanding any other provisions of this Title, no use may be made of 7 -And within any of the established Airport Hazard Zones in such a manner as to create electrical interference with radio communications between airport and aircraft; make it difficult for fliers to distinguish between airport lights and others; result in glare in the ,'.Tres of fliers using the airport; impair visibility in the vicinity of the airfield; or otherwise endangering the landing, taking -off, or maneuvering of aircraft. 3. Administration: The provisions of this section shall be administered in the same manner and by the same officials as other provisions of this Title. 5-6-00 SUPPIMMTTARY REGULATIONS: The provisions of this Ordinance shall be subject to such enceptions, conditions, or modifications as herein provided by the following supple- mentary regulations: 5-6-04 Uses_, 1. AccessorUses. .GGara'Res: In residential districts, the number of motor vehicles which space may be provided for as accessory to an authorized use shall not exceed the following: SOB. a In an R-1^ or R-1 District, twu (2) motor vehicle spaces arid for each 5,000 square feet of which the lot area exceeds 5,000 square feet, one (1) space for one (1) additional motor vehicle may be provided. b In the R-$ District, two (2) motor vehicle spaces for one (1) family or a two (2) family dwelling. In the R-4 pIstrict, garage space may be provided for one (1) motor vehicle for each family for which such residence is designed. 2. Accessory Uses: Motor Vehicle Revair Shops Motor vehicle ro a.ir shops shall not be permuted as an accessory use in a C-1 Retail Business Zone. Tn a C-3 General Business Zone, a motor vehicle repair shop shall not be permitted as an accessory use unless the plan to such accessory use shall have been submitted to the Board of Adjustment and the approval of such Board obtained. The Board of Adjustment in passing upon a request for approval may consider the type if machinery and equipment to be used and the methods of operation to be employed. 34 Garages and Filling Stations: In a C-1 or C -1-U Business Zone, or in an I-1 Light Industrial Zone, plans for the erceti-n or structural alteration of any garages for more than five (5) motor vehicles, or of a filling station, shall be approved by the Building Inspector. Such Building Inspector may require such changes relative to yards, location of pumps, buildings, and construction of buildings as may be deemed best suited to insure safety, to minimize traffic difficulties, and to safe guard adjacent properties. k. Suns: Any sign pertaining to the use of business conducted on the lot on Vnich the sign is to be located shall be permitted providing it complies with the Sign Ordinance of the City of Pasco. -)6revised 2-23-65 revised 2-23-65 ,5-6-04 (continued) 5. Stripping of Top Soil: No person, firm, or corporation shall strip, excavate or otherwise remove top soil for sale or for use other than on the premises from which the same shall be taken, except in connection with the construction or alteration of a building such Tear premises, in which an excavation could be incidental thereto. 6. Natural production uses_ There may be permitted in any zoft;e, except a business zone, on approval of the Board of Adjustment and as provided in this Ordinance, the excavation and sale of sand and gravel, clay, shale, or other natural mineral deposits (except top soil) for the quarrying of any kind of rock formation subject to the following conditions: a In the case of an open excavation, there shall be a ahstarr,ial fence with suitable gator completely enclosing the portion of the property in which the excavation is located and such fence shall be located at all points forty (40) feet or more from the edge of the excavation. b In the case of a quarry or other excavation or rock, there shall be a substantial fence with suitable gates and. said fence shall be at all poir.:ts a distance of forty (40) feet or more from the face of any quarry wall. c No rock crusher, cement plant, or other cro.shing, grinding, polishing or cutting ma.chiriery, or tither physical or chemical process for treating the product of such quarry shall be perm:ti;od, except by permission of the Board of Adjustment. d 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 stock piles 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. 5-•6-08 YARDS • , The City Council, on recommendation from the Planning Commission, and after a �iiblic Hearing held by the Planning Commission, may establish a building line along certain streets throughout certain zones or throughout certain natural areas, other than the setback requirements as established on the various zones by these regulations, when it is found that to do so will protect public health, welfare, safety, and morals, and implement the development plan. 1 Front Yard: Where any front yard is required no building shall be hereafter erected or altered so that any portion thereof shall be nearer to the front property line than the distance indicated by the depth of the required front yards; a Exceptions: Eaves, cornices, belt courses, and similar ornamentations may project over a front yard not more than two (2) feet. b Porches: An open or enclosed porch shall be considered a part of a building in the determination of the size of the yarcr_or lot coverage. c Fire Escapes: Open fire escapes may be ex -tended into any required yard not more than four (4) feet, six (6) iriches . 2. Side Yard: Where any specifj.�;u. stale ,ya:.•d is required, no building shall be hereafter erected or a� e 7° d c:• lilt+: i• any portion thereof shall be nearer to the side lot line than th,; distance indicated by the width of the required side yard. - revised 2-23-65 17 -1?- revised 2-23-65 a Exceptions: Eaves, cornices, belt courses, similar ornamentations and fireplaces may project over a side yard but not more than two (2) feet. 3. Rear Yard: Where any rear yard is required, no building shall hereafter be erected or altered so that any portion thereof may be nearer to the rear lot line than the distance indicated by the required rear yard. a Exceptions: Eaves, cornices, steps, platforms and open porches may extend into the rear yard. Private garages attached to a dwelling may extend into a rear yard, b. No rear yard is required for accessory buiidLags. -.6-12 Fences and Siaht Screens: 5-6-12-1 ponces and .Sinht Screens to Comply with Chapter: It shall be unlawful to erect or maintain any fence or wall or plant or maintain any foliage in any residential zone contrary -to the terms of this Chapter. 6-12-2 Height at intersections: There shall be no wall, fence or foi.lage higher than 36 inches above curb grade, and no tree foilage lower than 72 inches above curb grades within any triangi.e, the two equal legs of which are formed by lines measured 20 feet along the property line from the intersection of two streets; or 15 feet from the intersectio -n of a street and an alley, provided, however, that chain lint fence or woven wire fence of 72 inches may be erected within the trian,:-le formed by a street and alley or a chain link fence or woven wire fence may be erected upon a wall or other structures in the triangle formed by a street and alley not exceeding 36 inches in height to a combined height of 72 inches, ana provided further that said chain link or woven wire fence shall be at all times unobstructed by foliage or other matter. 5-6--12--3Heip.zt in frontyards: Subject to Section 5-6-•12-2 the height of fences and foliage shall be 1?mited to 42 inches within the minimum front yard area and within that portion of the minimum side yard area lying forward of the rear- most portion of the house upon said lot; provided, that the Planning Commission may allow a fence or foliage not to exceed 72 inches in height within that ,portion of the minimum side yard area lying forward of the rearmost portion of the house upon said lot and to the rear of the frontmost portion of the house upon the lot immediately adjoining said fence or foliage, upon completion of the following steps: a Upon written a;'plication of the record owner or contract purchaser in possession, with the written concurrence of the record owner or contract purchaser in possession of the property immediately adjacent to said fence or .foliage and b After a finding by the Planning Commission that such fence or foliage would not be detrimental to health, safety or the general welfare. c A suitable gate shall be installed with a minimum width of three (3) feet leading into the side yard on each side of the house. 5-6-1.2_.4 Heigcnt_ in rear yards_ The height of fences and foliage within that portion of the minimum side yard area lying forward of the rearmost portion of the house upon said lot or within the minimum rear yard area, shall not exceed 72 inches provided, howdver, that where any of said areas shall immediately adjoin a portion of a neighboring lot wherein the height of fences and foliage shall be limited to less than 72 inches, the height of fences and foliage allowable in said areas shall not exceed the maximum height of fences and foliatre allowab).A ic, said a.a jo re,l portions of the neighboring lot. -18- revised 2-23-65 Aid— revised 2•-23-65 s 5-6-12-5 Height r a ���Pd:fromm de -exceptions: All heights of fences and foliage shall be measured from curb or alley grade for the minimum yard areas adjacent thereto and from the average grade and slope of lower parcel of property in case of minimum yard areas adjoining a common lot line provided, however, that in the case of common lot lines when such measurement shall, in the determination of the Planning Commission, be unreasonably restrict- ive as to the height of fences or foliage, the Board of Adjustment ,may allow such variances as to the height of fences or foliage effected by such measurements as they shall determine to be not detrimental to health, safety, and the general welfare. .5-6-12-6 Building Perm�.t Required.':.A .fence or wall shall not be erected without first obtaining a building permit from the Building Inspector. 5-6-12-7 VISIBILITY AT INTERSECTIONS: On a corner lot in an r residential district, no wall, hedge, or other planting which would obstruct vision of the intersection may be located within twenty (20) feet of the dedicated right-of-way to the street. STA ,TPLIS FOR SPECIAL PEl3.HITS: 5-7-04 General Provisions: The special uses for which conformance to additional standards w.Ul be required shall be deemed. to be permitted uses in their respective distr.-2L,;--'U-s5 subject to the standards and requiraments set forth herein, in addition to all other requiremer:s of this Ordira nce. All such uses are hereby said to possess characteristics of such unique and special_ form that each specl.-IC use shall be considered as an individual case. 5-7-08 Required Plan: A plan for the proposed development of a site for a permitted special use shall be submitter: ,,zth an application for a special pellmit and such plan 2hall show the location of parking areas, traffic access and circula• tion, drives, open spaces, landscaping, and any other pertinent informa- tion that may be necessary to determine if the special use meets the requirements of the Ordinance. 5-7-12 iration_ A special permit shall be deemed to authorize only one particular special use and shall =pire if the special use shall cease for six (6) months for any reason. 5-17--16 Exi sting Violations: No permit shall be issued for a special use where there is an existing violation of this Ordinance. -- revised 2-23-65 /9 Zd -U- (revised 2-23-65) '5'"7-20 Standards Applicable to All Special Uses: The location and size of the use, nature, and intensity of the operations involved, and the size of the site in relation to it, and the location of the site in relation to the existing and future stree's giving access to it, shall be such that it will be in harmony with the orderly development of the district, and the location and height of buildings and walls will not discourage the appropriate development of adjacent land and buildings or impair the value thereof. F-7-24 Operations: Operations in connection with the special use shall not be more objection- able to nearby properties by reason of noise, fumes, or vibrations, or flashing lights, than would be the operation of any permitted uses. 5-g-00 NON-CONFOR14RTG USES: 5-5-04 Existing Conditions: The lawful use of any building or land existing at the time of enactment of the Ordinance, although such -use does not conform with the provisions of this Ordinance, may be continued, provided that: 1. If such non -conforming use is abandoned for a period of one (1) or more years, any further use of such lands or premises shall be in conformity with the provisions of this title, 2. A non --conforming use may not be altered or extended during its life. 3. A non -conforming building may not be altered structurally during its life to an extent Pxceeding twenty-five (25) percent of the assessed valuation of the original building at the time of the alteration, unless such building is changed to a conforming use. 4. The extension of a Lawful use of any portion cf a non -conforming bu=lding shall not be deemed the ex: ension of such non -conforming use. 5. No building damaged by fire or other causes to the extert of more than fifty (50) percent of such assessment value shall be repaired or rebuilt except in conformity with the regulation of this Ordinance. 6. No non -conforming use shall be extended to displace a conforming u!.e.. 7. Cnee a non -conforming use has changed to a conforming use, it shall not revert back to a non -conforming use. S. Any structure or portion thereof declared unsafe by a properly authorized person may be restored to a safe condition and continue as a non -conforming use, unless such repairs exceed sixty (60) percent of the assessed valuation of said structure at which time the text of this Ordinance shall prevail. 9. Nothing herein contained shall require any change in plans or construction of a designated building, the construction of which shall have been dil.ligently pursued for three (3) months, and the ground story frame work of such building, including the second tier of beams, shall have been completed within six (6) months and which entire building shall be completed within one year frcm the enactment of this Ordinance. -)§- (revised 2-23-65) Z0 �I --X- (revised 3-25-65) 5 Q--.00 OFF-STREET PARKING: After the date this Ordinance becomes effective, the following parking spaces shall be provided and satisfactorily maintained by the owner of the property for each dwelling erected, enlarged, or altered to forty (40) percent of the value of the appraised value of the building for use for any of the following purposes: (a) Dwellings: at least one (1) parking space for each dwelling unit within the building or buildings. (b) P.t least one for each eight (8) seats provided for its patrons, based on a mayimum seating capacity, or (2) at' least one parking space for every twelve (12) lineal feet of seating area of benches or pews, or (3) for those places not having fixed seats, one (1) parking space for each 75 square feet of gross floor area. (c) Restaurants or other eating Maces: At least one (1) parking space for each five {53�—seats except when it is in a dwelling which provides parking space, in which case the number of spaces already provided may be takento be available to the restaurant or eating space. (d) Hotel: At least one (1) parking space for each three (3) guest sleeping roc.,;. (e) Hospital. sanitarium, or nursing_home_ At least one (1) parking space.for each five (5) patients, plus on(e 1) additional space for each staff doctor, plus one (1) additional space for each three regular employees, including nurses. (f) Stores: At least one (1) parking space for each three hundred (300) square feet of floor area. (g) Office Buildings and Banks: At least one (1) parking space for each three hundred (300) square feet of office floor area on the ground floor and one (1) space for each five hundred (500) square feet of floor space above the first floor and the same shall apply to basement floor areas. (h) Outdoor sports areas or parks without fixed seats -- subject to review by the Planning Commission. (i) Industrial or manufacturi_?�gestablishments:, At least one (1) parking space for each f au�, l:t.ndred (400) square feet gross floor area, or for each two (2) working people. (j) fowling _alley s: Four (4) parking spaces for each alley. (k) Motel_: One (1) parking space for each unit of lodging. - (revised 3-25-65) z� z2 -'.- ( revised 3-25-65) 2. All parking area provided pursuant to this section shall be on the same lot with the building, except that the Board of Adjustment may permit the parking spaces to be on a lot within five hundred (500) feet of the building, if it determines that it is impracticable to provide parking on the same lot with the building. 3. Mixed Oc2upanc4: In the case of mired uses, the total requirements for off= street parking requirements shall be the sum of the requi.remer+s for the various uses computed separately. 4. Unspecified Uses: In the case of a use not specifically mentioned in this Section, the requirements for off-street parking facilities shall be the same as the above mentioned use, which in the opinion of the Board of Adjustment shall be deemed most analogous. 5. Cooperative Provisions: Where adjoining facilities of two or more ownerships can be developed and designed as one facility, and where efficiency of parking, circulation and economy of space will result from joint development, and where the total parking area involved is 10,000 square feet or greater, a reduction of 1010 of the total combined required parking space shall be emitted. 5-10-00 TRANSITION REGULATIONS 5-10-04 Lots in two districts: Where a district boundary line divides a lot in a single or joint ownership of record at the time such line is adopted, the regulations for the less restricted portion of such lot shall extend not more than thirty (30) feet into the More restricted portion provided the lot has frontage on a street in the less restricted district. 5--10-08 Business Entrances on Residential Streets: Where a residential district is bounded by a portion of a business district, any side street extending through such residential district into such business district shall not be used for any business purpose except as hereinafter set forth. The business structure erected in said business district shall face and open upon the street set aside for business purposes except that shadow windows and such business structures may be built and exposed upon said side street within the area set aside as part of such business district and an entrance may be made at the corner of such business -residential streets and all other entrances thereto must -4- (revised 3-25-65) P2 - -- revised Z-23-65 23 face on a business street except that the entrances may be made from such residential streets to the upper stories of such business structures. 5-10-12 Garage Entrances: No public garage for more than five (5) motor vehicles shall have an entrance or exit for motor vehicles within fifty (50) feet of the residential district. 5-10-16 Side and Rear Yard Transition: Where a lot in a business or industrial di triet abuts a lot in a residrnt•ial district, there shall be provided along such abutting lines, a yard equal in width or depth to that required in a residential district. 5 -10 -ter Front Yard Transition: Where the frontage on one (1) side of a street between two (2) inters-cting streets is zoned partly as residential and partly as business or industrial, the front yard depth in the business or industrial district shall be equal to the required front yard depth in the residential district. 5-10-24 Corner Yard Transition: On ever- corner lot in a residential district, there shall be provided on the side street a s:*Lde yard of 15 feet in vridth. -11-00 ADMINISTRATION A.NTD ENFORCEMENT: 5-11-04 Interpretation: 1. In interpreting and applying provision shall be held to b promotion of the public heal therefore, when this Title i of buildings or premises, or imposed or required by other the provisions of this Title 5-11-08 Enforcement: the provisions of this Title, the the minimum requirements for the h, safety, morals, and general_ welfare* poses a greater restriction upon the use requires larger open spaces than are laws, resolutions, rules, or regulations, shall control. 1. It shall be the duty of the Building Official or duly authorized agent to enforce this Title through proper 'legal channels. The Building Official shall issue no permits for the construction, alteration, or repair of any building or part thereof unless such plans and intended use of such buildings or land conforms in all respects with the provisions of this resolution. 5-11-12 Penalty: 1. Any person, firm or corporation who violates, disobeys, omits, reglects, or refuses to comply witn or who resists the enforcement of any of the provisions of this Title shall be guilty of a misdemearcr and shall be fined in any sum not to exceed three hundred ($300.00) dollars or imprisonment in the city jail for a term of not exceeding ninety (90) days, or both fine and imprisonment, for each offense. Each day that a violation is permitted to e<dst shall constitute a separate offense. 5-11--16 Fee Schedule for Public Hearing: 1. Whenever a public hearing is required by this Title, in addition to other required data accompanying a request involving a public hearing shall pay a fee according to the following schedule to the city to help defray expenses encountered in proess.sing of the application. --:K- revised 2-23-65 f3 2- revised 2-23-65 2. No application shall be processed unless such costs, charges, or fees listed 'below have been paid in full, and which fee shall be non-refundable. a. Variance-----------------$ 15.00 b. Special Permit------------- 15.00 c. Zone Change -------------- 45.00 5-11-20 Severability Clause: 1. Should any section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid. 5-11m24 ComRlaints Regarding Violations: 1. Whenever a violation of this ordinance occurs, or is alleged to have occued, any person may file a written complaint. Such comTlaint stating fully the causes and basis thereof, shall be filb-i with the administrative official. He record properly such complaint, immediately investigate, and take action thereon as provided by this Ordinance. � 12-00 UEN- DIMTS AND REZONING 5-12-04 Amending._the_Zoning Ordinance: 1. The regulations, restrictions, and bounC.aries set forth in this ordinance may from time to time be amended, supplementP.i, changed or repealed provided, however, that no such action may be taken until after a public hearing in relation thereto, at which interested parties and citizens shall have an opportunity to be heard. At least 10 days notice of time and place of such hearing shall be published in a newspaper of general circulation in the city. 2. In case, hokever, of a protest against such change signed by the owners of twenty percent or more either of the area of the lots included in such proposed change or those lots which are within 200 feet t;he proposed zone change, such amendments shall not become effctive except by the favorable vote of three fourths (3/4) of the City Council of the City of Pasco. 5--•12-08 Change in the Zoning Map Petition - Who May Initiate: 1. Any person, firm, corporation, group of individuals, municipal department, or planning commission may petition for a zone change with the following exceptions: a. 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 submitted by said person must contain the signature of the legal owner of the property. The legal owner is considered to •bcL the owner of record. b. A person, firm, corporation, or group of individuals may not submit more than one petition in any one year for the same parcel of land. 2. The City Council may, upon its own motion or upon the motion of the Planning Commission, after holding pi:blic hearings, and after receiving the recommendation o.' the Planning Commission, change by ordinance, the district bp'uz,:_dric5 or zone classifications as shown on the district maps and amend, supplement, or change by ordinance the regulations herein established. revised 2-23-65 zy 5-12-12 Change in Zoning Map -- Petition--_Reauirerents: 1. The petition for a change of classification must silow the following: (a) The date the existing; zoning became effective. (b) The changed conditions which are alleged to warrant other or additional zoning. (c) Facts to justify -L-he change on the basis of advancing the public healt=i, safety, and general welfare. (d) The effect it w111 have on the value and character of adjacent property and the Development Plan. (e) The effect on the property owner or owners if the request is not granted. (f) Such other information the Planning Commission shall require. -1�3-00, BOARD OF ADJUSTMENT 5-13-04 Zoning Adjustor --- Powers and Duties: All of the provisions of this chapter defining the powers, duties, and procedures of the Board of Adjustment shall also apply to the Zoning Adjustor. 5-13-08 Application to the Board: Persons desiring consideration by the Board of Adjustment shall apply to the Secretary of the Burd and shall supply such information as the Board may require on forms provided for the purpose. 5-13-12 Authority of the Board- The Board of Adjustment, subject to appropriate conditions and safeguards as provided by this Title, shall hear and decide: 1. Special Permits: Applications for special permits when the Zoning Ordinance sets forth the specific uses to be made subject to special use permits and established criteria for determining the conditions to be imposed. 2. Variances: Applications for variances from the terms of the 23ning Ordinance provided, that any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inc..nsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated, and that the following circumstances are found to apply: (a) Because of special circumstances applicable to subject, including size, shape, topography, Location or surroundings, the strict application of the Zoning Ordinance is Found to deprive subject property of rights and privileges enjoyed by other properties in the vicinity and under identical zone classification. (b) That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject propert',r is situated. 5-13-16 Review -- Administrative Action;: 1. Appeals, where it is alleged by the applicant that there is error in any order, requirement, permit, decision, or determination made by an administrative official in the administration or enforcement of this Title. e6 z� - revised 2-23--65 2. Where the street or lot layout actually on the ground, or as recorded; differs from the street and lot lines as showon the Zoning Map, 't rahe Board of Adjustment, after notice to the owners of the property and after public hearing, shall interpret the map in such a way as to carry out the intent and purposes of this Title. In case of any question as to the location of any boundary line between zoning districts, a request for interpretation of the Zo%:i�g Map may 'be made to the Board of Adjustment and a determination shall be made by said Board. 5-13-20 Temporary Structures and Uses: The telirpo.-ary use of a structure or premises in any zone classification for a purpose or use that does not conform to the regulations prescribed else here in this Title for the zone class- ification in wlgich it is located provided that such use be of a temporary nature and does not involve the erection of a substantial structure. A zoning certificate for such use nay be granted in the form of a temporary and revocable permit., for not more than a -.1 x (6) month period, subject to such conditions as will safeguard the public health, safety? convenience, and general welfare. 5-13-24 Waiver of Violet ions: Recognizing the fact that a building may be erectF:d in good faith with every intent to comply with the provisions of the Zoning Ordinance in respect to the location of the building upon the lot and the size and location of required yards, and that it may later be determined that such building does not comply in every detail with such requirements, although not vR-lat.i:ng the spirit or intent of the Zoning Ordinance, the Board of Adjustment may issue 1,11aiyer of Violation subject to such conditions as -rill saiegnard the public hczlth, safety, convenience} and general welfare. 5-13-28 Extension of. Use on Border of District: The extension of a use or building into a more restricted zone classification i--aediately adjacent thereto, but not more than thirty (30) feet beyon„ the dividing line of the two zone classifications, under such conditions as will safeguard development in the more restricted district. 5--13-32 Administrative E.xc�j� Aion� An administrative exceptioii not to exceed one foot of any dimensional standard pertinent to front yard, side yard, rear yard, flanking street, and building liiie may be granted by administrative action of the Board of Adjustment without public hearing and without posting of public notices. 5-13-36 Hearings- Upon filing of appl: cation for a variance, the Bard of Adjustment shall set the tune and place for a public hearing on such matter, and written notice thereof shall be addressed through the United States mail to all property owners of record within three hundred (300) feet and not :Less than 60alwo. (10) days prior to the hearing. re N 5-13-40 _Notice of Hearing:,.jo'tice of the Mime, place, and purpose of the public hearing shall be as Irescribed by R.C.W. 35-63. 5-13-44 Appeals -- Time Limit: Appeals inay be taken to the Board of Adjustment by any person aggrieved, or by any officer, department, board or bureau of the city affected by any decision of an administrative official. Such appeal shall be filed in writing in duplicate with the Board of Adjustment within the ten (10) days of the date of the action being taken. 5-13-48 Appeal -- Notice of Time and Place: Upon the filing of an appeal from an administrative determination, or from the action of the Zoning Adjustor, the Board of Adjustmant shall set the time and place at which the matter will be considered.. At least a ten (10) day iloUice of z ch time and place, toget-her -with one co -,Y- of the zmitten appeal, shall be given to the official whose de,isi-n s Y,:�jnr app, -paled. At least ten (10) days notice of the tine and :.Lac; 5= i..11 also be given to the adverse parties of record in the The officer from whom the appeal is being taken shall forthwith transinit to the Board of Adjustment all of the records pertaining to the decision being appealed from, together with such additional written report as he deems pertinent, -=34- revised 2-23-65 24 -7 revised 2-23-65 Scoae_of Authority on_A_p ep al: In excercising the pc:wers granted in this Title, the Hoard of Adjustment may in conformity with this chapter, reverse or affirm, wholly or in part, or may modify the order, require- ment, decision, or determination appealed from and may make such order, requirement, decision, or determination as should be made and to that end, shall have all the powers of the officaa7 from whom the appeal is taken, insofar as the decision on the particular issue is concerned. 5-13-60 Board of Adjustments Action Final: The action by the Board of Adjust- ment on an application for a conditional use permit or variance, airy administrative officer shall be final conclusive unless within ten (10) days from the dat ; of said act is 1 tho cr13inal app; .i ;a-iL or an, adver• �F party :makes ui: plica tion to a court of competent jurisdiction for a wri_L of certiorari, a, writ of prohibition, or a of mandamus. 5-13-64 Inc?usion of Findings of Fact: both the Board of Adjustment and Zoning Adjustor shall, in making an order, requirement, decision, or determin- ation :include in a written record of the case, t".,.e findings of fact upon which the action is based. 5-13-68 Meetings and Rules of Order: The Board of Adj:tstment shall fix its glace of meeting aLnd 8kall corduct at least one regular meet ng each month, provided that if no :as+.es over which the Hoard has jurisdiction are pending upon .its calendar, a meeting may be cancl-I'Led. Other meetings of the Board of Adjustment shall be held at the cell of the chairman and at such other tirae3 as tha Beard of Adjustment may determine. All hearings of the Board shall be open to tie public. The presence of three (3) menfoers shall constitute a quorum. In all other matters, the Bca^d of Adjustment shall proceed accord g to ii:s own rules of order for the conduct of business and el. -,11 file its rules of order with the City Clerk. 5-1 --00 REPEAL OF CMITFLICTING ORDINANCES - EFFECTIVE DATE: All ordinances or parts of ordinances in conflict with this Zoning Ord- inance, or inco-nsist- ent with the provisions of this Ordinance, are hereby repealed to the extent necessary to give this Ordinance full force and effect. This Ordinance shall becore effective on (date to be determiz.ed.). DEFIB?IT:"0 S'' For the purpose of this Ordinance, certain terms or words herein shall be interpreted or defined as follows: Except where specifically defined herein all words used in this Ordinance snail carry the customary meanings. Words used in the present tense include the future and the future includes the present and the plural includes the singular and the Zing.Ll.ar includes the plural. The word lot includes the word plot. The word building includes the word structure. The word shall is intended to be ;mandatory. OccLipied or used shall. bc� c'^-nSidpred as though followed by the words "or intended`, "arranged", or 'designed to be -used ur o::c,rpied". -:.- revi.sed 2-23--65 V -26?- I. ,AecessorZ uses: A use subordinate to the principal use or building and 'I-,.-.ocated on the same lot with such principal use or building. Agricultural use (limited): An agricultural operation including the construction of farm buildings and the keeping of farm animals, but the agricultural operation shall be for a personal use only and not be carried on as a commercial enterprise where a profit is realized. Alley: A narrow service way, not less than twenty (20) feet wide, providing a secondary public means of access to abutting properties. Alterations: As applied to a building or structure: (a) A change or rearrangement of the structural parts in the existing facilities, or (b) An enlargement or addition on a building or structure, or (c) Moving a building or structure from one location or position to another, or (d) A change of use. Alterations, structural: Any change of supporting members of a building such as bearing walls, columns, beams, or girders. ADartment house: A building arranged, intended, or designed to be occupied by three {3) or more families living independently of each other. Araa. net site: The total area within the property lines exclusive of external streets. Auto Court: A building or group of buildings, detached or semi-detached, containing rooms or apartments and having automotive parking or storage space, provided directly or in close connection therewith. Such building or group of buildings, designated, intended, or used primarily for the providing of sleeping accommodations for automobile travelers. Basement: A story partly underground, but having at least one-half (2) of its height above the average level of the adjoining ground. A basement shall be counted as a story for the purposes of height measurement if the -vertical distance between the ceiling and the average level of the adjoining ground is more than five (5) feet or if it is used for business or dwelling purposes. Boarding house: Any dwelling with less than twenty (20) sleeping rooms in which persons either individually or as families are housed or lodged and are provided meals at said dwelling. A rooming house or furnished rooming house shall be deemed a boarding Nouse. Building: A roof supported by walls or columns for the enclosure of persons, animals or property of any kind or nature. Building, accessory: A supplemental building, the use of which is incidental to that of the main or principal building and which is located on the same lot therewith. Building. areas A total area taken on a horizontal plane at the main grade level of the prinlipal building and all accessory buildings, exclusive of covered porch terraces and steps. Building, detached,:-- Vbuilding surrounded by open space as regaired herein. Building, front line of : The line c " that fsee of the building nearest the front line of the lot. This face inclues ::,=n pe.::^fors and covered porches whether enclosed or unenclosed, but does not include steps. Building, he� ight: The vertical distance measured from the average elevation of the proposed finished grade from the front of the building to the highest point of the roof for flat roofs, to the deck line for mansard roofs and to the mean heights between eaves and the ridge for gable, hip, and gambrel roofs. `Building, main: A building in which is conducted the principal use of the -,,..slot on which it is situated. Camping ground: A parcel of land used or intended to be used, let, or rented for occupance by campers, even though tlE occupancy by campers shall be in trailers, tents, movable or temporary buildings, rooms, or sleeping quarters of any kind, the same shall still be deemed to be a camping ground. Cellar: A story partly underground and having more than one half (1) of its ci.^ar height below the average level of the adjoining ground. A cellar shall not be considered in determining the permissable number of stories. Club,_members=. An organization catering exclusively to members and their guests in premises and buildings for recreational and athletic purposes. Such operations shall not be conducted primarily for gain and also there shall not be conducted any vending, merchandising, or commercial activities except as required generally for the membership and purposes of such club. Court: An unoccupied open space other than a yard on the same lot with a building which is bounded on two (2) or more sides by the walls of such building. Court, inner: A court enclosed on all sides by exterior walls of the buildings, or by exterior walls and lot lines on which walls are allowable. Court ,_outer: A court extending to a street line or opening upon any fronts side, or rear yard. Coverage: That percentage of the plot or lot area ,covered by the building area. . Curb level: The officially established grade of the curb in front of the midpoint of the lot. Dog kennel_ A structure used for the harboring of more than three dogs over six months of age or more than one female dog over six months of age. Dwelling: A building designed for or used as a living quarter for one (1) or more families. The term 'one -family dwelling", "two-family dwelling", or "dwelling group" shall not be deemed to include automobile courts, mobile homes, or tourist homes. Dwelling, one -family Detached dwelling designed for or occupied exclusively by one family. Dwelling, two-family: A building designed for or occupied exclusively by two families living independently of each other, except that common laundry facilities are allowed. Dwelling, multiple: A building used or designed as a residence for three or more families living independently of each other doing their own cooking therein. This shall include apartment houses, apartment hotels, flats, and group houses. Dwelling unit: A building or portion thereof providing complete house keeping facilities for one family. Family: One or more persons occupying a premise and living as a single housekeeping unit as distinguished from a group occupyi-ig a group h=ouse, lodging house, club, fraternity, or hotel. Filling station, public gasoline: Any area of land, including any structure or part thereof that is or are used or designed to be used for the supply of gasoline, also deemed to be included wi_th::n this term shall be: Any area or structure used or designed to be used fo- pnllsh rg, greasing, washing, spraying (other than paint), dry cleaning, or otherwise cleaning or servicing such motor vehicles. Floor Area: The sum of the gross horizontal areas of the several floors of the building or buildings measured from the exterior faces of exterior walls or from the center line of walls separating two buildings. In particular, the floor area of a building or buildings shall include: -- revised 2.23--65 � 30 a Basement space b Floor space for mechanical equipment, with structural headroom of seven ;7) feet, six (6) inches or more. c Elevator shafts and stairwells at each floor. d Pent houses e Attic space (whether or not floor has actually- been laid) providing structural headroom of seven feet, six inches or more. f Interior ba.'1-cox..7 and mezzanines. g Enclosed porche h Accessory uses not including space for accessory off-street par -king. However, the floor area of the building shall not include: i Cellar space, except that the cellar space used for retailing shall be included for the purposes of calculating requirements for accessory off-street parking ,:paces, and accessory off --street loading spaces. j Elevator and stair bulkheads, accessory water tanks and cooling towers. k Attic space, #,w.neth_-r or not a floor has act,{ally beeii laid) p:coviding structural headroom of less than seven feet, six inches. 1 Uncovered steps. m Terraces, breezeways, and open spaces. n. Accessory off-street parking spaces. Floor area ratioofa building: A quotient of the floor area of the bailding divided by its lot area. Garaize. private: A garage used for storage purpo-•e s only ar.d having a capacity of not more than three automobiles or not more than two automobiles per family housed in a buildLig to which snch garage is accessory, whichever is greater. Space therein may be used for not more than one commercial vehicle whose gross vehicle weight shall not exceed 6,000 pounds GV. Temporary storage of farm vehicles not to exceed three consecutive days is permi.ssable. Space may be reWLed to not more than ti,,To vehicles of other than the occupants of the buildings to which the garage is accessory. public Any garage other than a private garage, available to the public, operated for gain an,11 which is used for storage, repair, rental, greasing, washing, servicing, adjusting, or egi.ippi_ng of automobiles or other motor vehicles, and : Home oecuations: An occupation which is carried on in a dwelling unit, a Is carried on only within the principal building, b Is carried on by a member of the family residing in the dwelling unit. c Is incidental and secondary to the use of the dwelling unit for residential purposes. d Which conforms to the following additional amdi'cions : 1 Exterior si�;:cs or display shall be in conformance with provisions of this Ordinance regulating same. 2 There shall be no exterior storage of materials or exterior indication of the home occupation or variation from the residential character of the principal building. 3 No offensive noise, vibrations, smoke, dust, odors, heat, or glare shall be produced. 4 Employment of not more than one pF:--son not a member of the immediate family is permitted only at the discretion of the Zoning Board of Adjustme-rt upon application in writing d4ucribing the full nature and extent of the occupation. In particular, home ocon.paticns -include. "ori a.oe. not limited to the following: a Art studio b Dress and drapery making c Teaching with musical instruments limited to a single pupil at a time. d Preparation of food for off -premise sale. 30 -�@- (revised 3•-25-65) 3l ' However, a home occupation shall not be interpreted to include the folloiring: (a) Banber shops and beauty parlors. (b) Real estate and insurance offices. (c) Restaurants. (d) Commercial stables and kennels, (e) Cabinet making. Hospital: Unless otherwise specified, the term "hospital" shall be deemed to include sanitarium, sanatorium, preventorium, clinic, rest home, nursing home, convalescent home, and any other place for the diagnosis, treatment, or care of a:iiments and to be limited to the above named places. Hotel: A building containing rooms intended or designed to be used or which are used, rented, or hired out to be occupied or which are occupied for sleeping lyurpe.;es by guests and in which only a general kitchen and dining rooms are provided within the building or an accessory building. Junk Yard.: A lot or structure or part thereof used primarily for the collecting, and/or storage and/or sale of waste paper, rags, scrap metal or discarded material and/or for the collecting, dismantling, storage, and salvaging of machinery and/or vehicle,- for the sale of parts thereof. Laundromat: A business premise equipped with individual clothes washing machines for use by retail customers, exclusive of Ivindry facnlalvies provided as A.p 1'-.' '!a ;t cad=.'::xtA.C1Z7: hau00 or. .'ptls bmeni-. ar novel. Launder A business where clothes and/or other fabrics are sent to be cleaned. Line. street: ihe.dividing line between the dedicated right-of--V!ay of a street and an adjacent lot. Lodging house: A building in which more than two (2) and less than twenty (20 rooms are rented and in which no table board is furnished. Lot: Land occupied or to be occupied by a building and its accessory buildings or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisio.-as of this Ordinance. Said land shall not have less than the minimum area required by this Ordinance for the lot in a district in which such land is situated. Said lot shall also have its principal frontage upon a street or on such other means of access as may be determined by the provisions of this Ordinance to be adequate. Compliance with the above stipulations shall be necessary for the issuance of a building permit for a building or structure, I.ot . corner . Land at the junction of and fronting on two (2) or mc.- a intersecting streets. L_ot corner, d2pth of* A mean horizontal distance between the front and rer-o lot lines measured in the general direction of its side lot lines. Lot, interior: A lot other than a corner lot. Lot, through: An interior lot having frontage on two parallel or approximately parallel streets. Lot. key: A lot in which the front half of the side lot line forms the rear lot line of an adjoining lot. Lot _aridth of: The average width measured at right angles to the depth. Lot..,_IRe. Any line dividing one lot from another. Motor vehicle, repair shy A bui+_di;:'Lg or ��;crtion of a building arranged, intended or designed to be used forg -c-a?Arps to motor vehicles. Non -con -forming use: A building, structure, or use of land existing at the time of the enactment of this ordinance and which does not conform to the regulations of the district or zone in which it is situated. Motel: Refer to Auto Court, Nursinkuo convalescent home: Any building with less than 15 sleeping rooms where persons are housed or lodged and furnished with meals and nursing care and which premises are licensed by the State of Washington. A6►.- (revised 3-25a65) X i Xf revised 2-23-65 n?�-Irsery School _ A school designed to provide daytime care and/or da�rti<-+ instruction for five or m -re children. Open spaces: An unoccupied space open to the sky on the same lot with a building. Pa_ t io : Open Person: The term person, when used herein, shall _include 'therein individuals, partnerships, associations, or corporations. Professional office in a residence: A professional office or studio located in the residence of a physician, surgeon, doctor., lawyer, architect, artist, or teacher or registered nurse. Such use shall be seca.;dary and ircidental Life residential use of the building. The profession must be carried. ori in the princ - )al %til.ding and way be advertised by a professional name plate or sign not to exceed 96 square inches that is attached to the main door or suspended in a window, and it may be illuminated but not i.n a flashing manner. Qzarrv, sand pits gavel pit, topsoil striQ,jno . A lot or land or part thereof used for the purpose 6P extracting stone, sand, gravel, or topsoil for sale as an industrial operation and exclusive of the �,Y%-oces of gr.&6- ng Vibe Iot preparatory to the construction of a building for which application for a building permit has been made. Resident hotel: A building occupied by permanent guests only and not for transients. This building may also include restaurants n^;wstands, and oth:3r accessory services, cnly an such services are primarily for serving its occiiparits and only incidentally to the public. Riding Academy: Any establishment where horses are kept for riding, driving, or stabling.for compensation or incidental to the operation of any club, association, ranch or similar establishment. Sanitarium. sanatorium: A private hospital whether or not such facilities are operated for profit. Stable. private: An accessory building in which horses are kept for private use and not for hire, remuneration, or sale. -3 revised 2-23-•65 32 33 Stable, public: A building in which horses are kept for remuneration, hire, or sale. Story: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it then the space between any floor and the ceiling next above it. Story, half: A story under a gable, hip, or gambrel,roof, the wall plates of which on at least two (2) exterior walls are not more than two (2) feet above the floor of such story. Story. height of: The vertical distance of a top surface of a floor to the top surface of the floor next above it. The height of the top most story is a distance from the top surface of the floor to the top surface of the ceiling joists. Street: A public or private way which affords a principal means of access to abutting properties. Structure: Anything constructed or erected, the use of which requires location on the ground or attachment to something having a location on the ground. Theater, moving A building or part of a building devoted to the showing of moving pictures on a said admission bacis. Theater, outdoor drive-in: An open lot or part thereof wr.th its facilities devoted primarily to the showing of moving pictures or theatrical productions on a paid admission basis, to patrons seated in automobiles or in outdoor seats. Tourist cabins: A group of buildings, including either separate cabins or a row of cabins, which: (a) Contain living and sleeping accommodations for transient occupance. (b) Have individual entrances. Tourist home: A dwelling in which overnight accommodations are provided or offered for transient guests for compensation. KgZa A street or alley or other thoroughfare or easement permanently established for passage of persons or vehicles. Yard: An unoccupied space open from the ground line to the sky on the same lot with the building or structure. Yard. front: An open a-nd unoccupied space on the same lot with the main building extending the full width of the.lotsituated between the street line and the front line of the building, projected to the side lines of the 1CL The depth of the front yard shall be measured between the front line of the building and the front property line. Covered porches whether enclosed or unenclosed shall_ be considered As -a -part of the.ma.in'building and shall not be projected in to the required front yard. Yard, rear: An open unoccupied space on the same lot with the main building extending the full width of the lot and situated between the rear line of the lot and the rear line of the building. The depth of the rear yard shall be measured between the rear line of the lot cr center line of an easement and the rear line of the building. Yard. side: An open unoccupied space on the same lot with the buildng situated between the furtherest projection of the building and the side lines of the lot extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line. '33