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HomeMy WebLinkAbout1445 OrdinanceORDINANCE NO. 1445 AN ORDINANCE AMENDING SECTION 2.16, SECTION 14.130 AND SECTION 15.3 OF ORDINANCE NO, 1441 BEING AN ORDINANCE REGULATING THE ERECTION, ALTERATION AND iiAINTENANCE OF ALL SIGNS; PROVIDING FOR THE ISSUANCE OF PERMITS AND FIXING THE FEES THEREOF AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. Section 2.16 of Ordinance 1441 is hereby amended to read as follows: "Section 2.16 OFF PREMISE SIGNS. A sign which advertises a business service, or product that is not available on the parcel on which the sign is erected. OFF PREMISE DIP.ECTIONAL SIGN. A sign indicating the distance and/or route to a business or service that is erected on a parcel other than that of the business." Section 2. Section 14.13 of Ordinance 1441 is hereby amended to read as follows: "Section 14.13. OFF PREMISE SIGNS. No off premise signs will be allowed within an area bounded by Columbia Street on the south, Brown Street on the north, Tacoma Avenue on the east, and Lucas Avenue on the west; EXCEPT the Board of Adjustment may grant special permit to allow off premise directional signs in this area provided that the display area of an off premise directional sign shall not exceed 200 square feet." Section 3. Section 15.3 of Ordinance 1441 is hereby amended to read as follows: "Section 15.3 BOARD OF ADJUSTMENT PROCEDURE. (a) POWERS. Re- cognizing that there are certain cases that may, or may not, be detrimental to public health, safety, morals, and general welfare, depending upon the facts of each particular case, a limited power to issue Variance Permits and to interpret any Section of the Code is vested in the Board of Adjustment. Variances and special permits may be granted by the Board of Adjust- ment in accordance with the Sections of this code as listed in Table 15. Provided that the provisions of Section 22.16.040 of the Pasco Municipal Code is adhered to. (b) APPEALS AND VARIANCES. Applications for special permits and variances from the ruling of the Building Inspector, concerning the provisions herein contained, may be made to the Board of Adjustment. The Secretary of the Board shall receive all applications requesting review of the Building Inspector's interpretations of the provisions of this Code, and any orders, requirements, decisions, or determinations relating thereto, for a Variance and special permit; and shall maintain and be custodian of all records of the minutes of the meetings and findings of the Board. All records shall be open to the public. Copies of the appelant`s notice for all special exceptions shall be filed with the Building Inspector, Planning Commission, and Board of Adjustment, containing the decision of the Building Inspector and the reasons why the appellant is aggrieved, specifying the grounds there- fore. Each application or request for a special exception filed with _die Secretary shall be accompanied by a fee of $25.00 to cover the E City's cost of Handling said request for a special exception. Upon the filing of such fee and application, the Building Inspector shall forthwith transmit to the Board of Adjustment, all papers constituting the record and decision of the Building Inspector relating to the request for a special exception. The Secretary of the Board shall fix a reasonable time for the public hearing and give due notice thereof to the parties and general public. The decision of the Board of Adjustment shall be upheld by a majority vote of the members present. The Board shall make a decision within a reasonable time after the hearing. (c) STAY. A request for any special exception to the Board of Adjustment stays all proceedings, in furtherance of the action from which the request for a special exception was taken, unless the Building Inspector from who the request for a special exception is taken certifies to the Board, after the notice of a request for a special exception shall have been filed with him, that by reason of facts stated in the certification, a stay would, in his opinion, cause imminent peril to life or property, in which case sush action shall not be stayed otherwise than by a restraining order which may be issued by the Superior Court. The decision of the Board of Adjustment on the request for a stay shall be transmitted to the Building Inspector. d) COLLECTION OF EXPENSES INCURRED. Whenever, pursuant to the provisions of Sections 3.5, 3.6, or 13.4, there incurs any expense in connection with the removal or alteration of any sign, the cost there- of shall be paid by the owner of the real property upon which the sign is erected or maintained:. !�-In..•the7event:-any other' -:Person is in possession of such property with the consent of the owner, the owner and such other person shall be jointly responsible for the payment of such cost. The City shall submit to the owner and/or other person in possession of the premises, a statement of costs incurred by the City for re- moving or altering the sign. Upon the failure to receive full payment within thirty (30) days from the date the statement is submitted, or with thirty (30) days after conclusion of any appeal proceedings, whichever is later, the City is authorized to provide for the collection of the amounts due in any lawful manner. TABLE 15 SPECIFIC POWER OF BOARD OF ADJUSTMENT Section Number Relating To 3-8 Erection on or over public property 3-12 (a) Sound device on stationary sign 6-3 Additional height for freestanding signs 6-6 Variance for number of freestanding signs 13-3 Time extension for removal of nonconforming signs 14-12 (c) Increase in total display area 14-13 Special permit for off premise directional signs. Section 4. This Ordinance shall be in full force and effect after its passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, on this 20th day of October, 1970. .E. CARTER, MAYOR ATTEST: HARR D. K ZER, DI TOR OF IN CE AND EX -OFFICIO ITY CLERK APPROVED AS TO FORM: D. WAYNE CAMP L, CITY ATTO E