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HomeMy WebLinkAbout1387 Ordinance4` i ORDINANCE NO. 3 AN ORDINANCE AMENDING SECTION 3-2, SECTION 4-2, AND SECTION 6-6 OF ORDINANCE NO. 1203, AND CHAPTER 11-24.04, CHAPTER 11-40.04 AND CHAPTER 11-52.206 OF THE PASCO CITY CODE; AND ADDING A NEW DEFINITION TO SECTION 15 OF ORDINANCE NO. 1203 AND CHAPTER 11-4 OF THE PASCO CITY CODE; RELATING TO PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES AND FENCE HEIGHTS IN FRONT YARD AREAIF OF RESIDENTIAL ZONED PROPERTY; AND BEING AN ORDINANCE PROVIDING FOR SPECIFIC USE ZONES WITHIN THE CITY. THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. Section 3-2 of Ordinance No. 1203 and Chapter 11-24.04 of Pasco City o e are hereby amended to read as follows: Permitted Uses: 1. All uses permitted in any residential district. 20 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: a) Bakeries, retail for distribution from the premises. b) Barber shops and beauty shops. c) Catering establishments. d) Garage and filling stations, provided: to 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. 4. Laundromats, and dry cleaning establishments employing not more than five (5) persons. 5. Locksmith shops. 6. Offices. 7. Membership clubs. 8. Photo shops. 9. Shoe repair shops. loo Outdoor advertising - Billboards llo 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). loo Printing Shops. 11. Upholstery Shops. Section 2. Section 4-2 of Ordinance No. 1203 and Chapter 11-40.04 of Pasco City Code are ereby amended to read as follows: • Permitted Uses: 1. All user -permitted in the C-3 District, except residential dwelling, 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 or storage yards. 5. Electrical central power station. 6. Laboratories - experimentalo 7. Automotive assembly and repair (major). 8. Creamery, bottling, ice manufacture and cold storage plant. 9. Blacksmith:9`we°lding', 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, compounding, processing, packaging of cosmetics, pharmacology, and food products, except fish and meat products, and the reducing and refining of fats and oils. 12. Printing plant. Section 3. Section 15 of Ordinance No. 1203 end Chapter -11-4 .of the PascoCity Code ,• are -hereby amended to read as follows: DEFINITIONS - For the the purpose of this Ordinance, certain terms or words herein shall be t �I interpreted or defined as follows: Except where specifically defined herein` all words used ip this Ordinance shall carry the customary meanings..4. ; Words used in the present tense include the Phture and the future includes the present and the plural includes the singular and the singular includes( the plural. .I r The word lot includes the word Mot . The word'•buildina 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 '•:'S commercial enterprise where a profit is realized. Alley: A narrow service way, not less than twenty (20) feet wide, `f providing a secondary public means of access to abutting properties..f Y i Alterations: As applied to 'a building or structure. (a) A changg or rearrangemeneof the structural parts.in the existing facilittes,.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 _t (d) A change of use. Alterationst 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 oeeupied'by.: three (3) or more families living independently of each other. =. 4 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, f containing rooms or apartments and having automotive parking or storage space, provided directly or in close connection therewith. Such building or group of buildings, desip_,nated, intended, or used primarily for the providing of sleep-, ing accommodations for automobile travelers. i Basement: A story partly underground, but having at least one-half i 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 i 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 indiv3.dually or as families are housed or lodged and .' are provided meals at said dwelling. A rooming house or furnished rooming i 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. i. ' 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 s A building surrounded by open space as required herein. 7 ' h Building, meront 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. _Building ,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 �� P roof for flat roofs, to the deck line for mansard roofs and to'}' the mean rW&s between eaves and the ridge for gable hi and , P, gambrel roofs.; -' • . ,� ` 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 ' ► Ind- dings, rooms, or sleeping quarters trailers, tents, movable or tempora x� ll be deemed to be a camping ground. of any kind, the same sha Cellar: A story partly underground and having more than one half O of it Y clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the permissable number of stories. Club. membershiu: An organization catering exclusively to members and their. este in remises 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 he membership and purposes except as required generally for tof such club. i. ( 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 a 4- building. i, all sides by exterior walls of the buildings# Court, inner: A court enclosed on 1 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; ' . aide or rear yard. Coverage: That percentage of the plot or lot area covered by the building i area. Curb level: The officially established grade of the curb in front of the midpoint of the lot. � A Do kennel: A structure used for the harboring of mcre than three dogs over Dog _ ) .six months of age or more than one female dog over sit months of age. (1) Dwelling: A building designed for or used as a living quarter for one �� -4 or more families. The term "one -family dwelling", "two-family dwelling"p or "dwelling group" sha3.1 notbe deemed to include automobile courts, mobile homes, or tourist homes. Dwelling one f s, Datached dwelling designed or or occupied e�cclueively by one f amity. I Dwelling, two-family: A building designed for or occupied exclusively by two families living independently of each other, except that common I 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 t group, houses. Dwelling unit: A building or portion thereof providing complete house ! , keeping facilities for one family. ,1 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 Uhe 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 vehicles. ` f � Floor Area: The sum of the gross horizontal areas of the several floors of I the faces of exterior walls the building or buildings measured from exterior from the center line of walls separating two buildings. In particular, I.. or the floor area of•a building or buildings shall includes (a) Basement space I ! (b) Floor space for mechanical equipment, with structural headroom of seven (7�. feet, six (b) 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. r (g) Enclosed porches. _ (h) Accessory uses not including space for accessory off-street parking. t:. However, the floor area of the building shall not include: t• (i) Cellar spaces.exeept that the cellar space used for retailing shall t for off-. included for the purposes of calculating requirements accessory -street loading spaces. :street parking spaces, and accessory of!4- t 1 J (j) Elevator and stair bulkheads, accessory water tanks and conning 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, plLbItc, 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, ands. J' 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 residenti►1 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 indicatiox of the home occupation or variation from the residential character of the principal building. (3) No offensive 'noise, vibration, smoke, dust, odors, heat, or glare shall be produced. (!�) Employment of not more than one person not a member of the i=tediate'•. 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. a. In particular,'home occupations includes but are not limited to the followings f • (a) Art studio (b) Dress and drapery making (c) Teaching with musical instruments limited to a single pupilat a time. (d) Preparation of food for off -premise sale. However, a home occupation shall not be interpreted to include the followings./ (a) Barber shops and beauty y parlors. j (b) Real estate and insurance offices. I, (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, treatments.- 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. f JunkYards A lot or structure or part thereof used primarily foxy 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 1 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 etregt :f ow and an adjacent lot. LodgainR 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. i 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. - i. less than the minimum area required by this Iordinance 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 t.•he�provisions of this ordinancetobe adequate. Compliance with the above stipulations shall be necessary for the issuance of's building permit for a building or struci:ure. Lot, _cor=tier: Land at the junction of wad fronting on two (2) or.more intersecting streets. Lot, comer,. der)th_ 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 lct ha ging frontage on two parallel or approximately parallel streets. i Lot, key: A lot in which the front half of the side lot line _'Drms 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. Motor vehicle$ reps it shop: A building or portion cf a building arranged, ' intended or designed to be used for making repairs to motor vehiclese buildin structure or use of land existing at the Non -conforming use: A g, , -time of the'enactment of this ordinance and which does not conform to the 1 a regulations of the district or zone in which it is situated. ' Motel: Refer to Auto Court, Nursing or convalescent home: Any building where persons,are housed 'or `� lodged ani furnished with meals and nursing care and which premises are A licensed by the State of Washington. t Nursery School: A school desgined to provide daytime care and/or daytime instruction for five or more children. F Qpen 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. w� :) Person_: The term persons when used herein, shall include therein ; individuals partnerships, associations or corporations'. I ,. 'i .. ..: .; .., ,. . ,..y., ,,,,, .t•..nat.:.:.--,^...�:. ... . .. . .. . .. .... .... .. ... ......a..._...... .. ... a .. Printing Shop: A commercial printing shop using equipment rated less than a single color printing press and related accessory equipment,- more quipment,more commonly known as letter shops or job printers. • Printing Plant: A commercial printing shop using equipment rated as a ' 3811 or larger single color printing press and related accessory equipment, more commonly known as Rotary Form Printing, Publishers and newspapers. _,ofessional of°ficein a reside residence., A professional office or studio :I located in the residence of a physician, surgeon, doctor, lawyer, architect, , artist, or teacher or registereduse incidental to the residential se buildings The profession musuch use hall be seconry tdbe ' a carried on in the principal building and may be advertised by a professional ' Ijname plate or sign not to exceed 96 square inches that is attached to thee` J main door or suspended in a window, and it,may be illuminated but not in`a flashing manner. �ciarr�� sand pit, gravel pita topsoiltripp sing: A'lot or land or part thereof used for the purpose of extracting stone, sand, gravel, or i]. for sale as an industrial operation and`ekclusive of the process of ggrading the lot preparatory to the construction of a building for which application for a building permit has been made. Residential hotel: A building occupied by permanent guests only and not for transients. This building may also include r.estaurants,•newstands, and f such services are primarily for serving other accessory services, only ij its occupants and only incidentally to the public. • .Ridinz Academy: Any establishment where horses are kept for riding, driving, club, for stabling for compensation or incidental to the operation of any .'! association, ranch or similar establishment. i Sanitarium. sanatorium: A private'hospital whether or not such facilities E; are operated for profit, ' Stable.Priv_ate: An accessory building in which horses are kept for private use and not for hire, remuneration, or: sale. ; Stable_. pub lie: A building in which horses are kept for remuneration, hires � or sale. • Std That portio 8 n of a buildin included between the surface of any floor is floor above and the surface of the floor next abo4e it, or if there no between any floor and the ceiling newt above it. It then the space Story. half: A story under a gable, hip, or gambrel roof, the wall pplates two (2) feet of which on at least two (2) exterior walls are not more than above the floor of,such story. Story. height of: The vertical distance of a top surface of a floor to the j it. The height.'of the,top most story.. top surface of the floor next above is a distance from the top surface of the floor to the top surface of the • ceiling joists. j Stre t: 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,, moviM ictux�e.: 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 accommodations are provided or offered for transient guests for compensation. Way: 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 a line and the front line of the building, projected to the side dines 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 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 or center line of an 1 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 linev. Section 4. Section 6-6 of Ordinance No. 1203 and Chapter 11-52.20 B of Pasco City Code are ereby amended to read as follows: Section 6-6• Height in Front Yards: Subject to Section 6-5, the height of fences and foliage shall e limited to 42 inches within the minimum front yard area and within that portion of the minimum side yard area lying forward of the rearmost portion of the house upon said lot; provided. however, that the Board of Adjustment 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 immediatel +, adjoining said fence or foliage, upon completion of the following steps: a) upon written application of the record or contract purchaser in f' possession-, with the written concurrence of the record owner or con- tract purchaser in possession of the property immediately adjacent to; r, _ said fence or foliage; and, b) After a finding by the Board of Adjustment that such fence or foliage would not be detrimental to health, safety, or the general welfare. c) A suitable ate or opening shall be provided with a minimum width of --three feet �3') leading -into the side yard on.each side of -the house. Section 5. Section 3-2, Section 4-2, Section 6-6 and Section 15, of Ordinance No. 1203 and C apter 11-24.04, Chapter 11-40.04, Chapter 11-52.20 B and Chapter 11-4 of , the Pasco City Code be and hereby are repealed. Section 6, This Ordinance shall be in full force 'and effect after its passage , and pu cat on as required by law. ; PASSED by the City Council and APPROVED this_ ay of ae c 1969. 9 MAYOR ATTEST: EX -OFFICIO CITY CLERK ROVED -AS TO FORM: i D. WffK CAMPBELL,`CM lffl�MRNET—