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HomeMy WebLinkAbout1519 OrdinanceORDINANCE NO. 1519 AN ORDINANCE AMENDING SECTIONS 3-2, 3-8 AND 15 OF ORDINANCE 1203, PASCO MUNICIPAL CODE 22.40.010, 22.44.010, 22.12, BEING AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS FOR THE CITY OF PASCO, AND PROVIDING FOR THE ADMINISTRATION, EN- FORCEMENT, AND AMENDMENT THEREOF IN ACCORDANCE WITH THE PROVISIONS OF R.C.W. 35.63. THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. Section 3-2 of Ordinance 1203, Pasco Municipal Code 22.40.010, are hereby amended to read as follows: Section 3.2 PERMITTED USES. The following uses shall be permitted in the C-1 zone: (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: (A) Bakeries, retail for distribution from the premises, (B) Barbershops and beauty shops, (C) Catering establishments, (D) Garage and filling stations, provided: (i) No repair work is performed out-of-doors (ii)Pumps, lubrication, or other devices are located at least fifteen feet from any street property line (iii)All automobile parts and dismantled automobiles are stored within the building, except outdoor display racks, (E) Laundromats, and dry cleaning establishments employing not more than five persons, (F) Locksmith shops, (G) Offices, (H) Membership clubs, (I) Photo shops, (J) Shoe repair shops, (K) Outdoor advertising - billboards, (L) Undertaking establishments (special permit as specified in chapter 22-80); (7) Hotels and motels; (8) Taverns and cocktail lounges; (9) Signs (See Title 17); (10)Printing shops; (11)Upholstery shops; (12)Sign shops, commercial (no outdoor storage of materials) Section 2. Section 3-8 of Ordinance 1203, Pasco Municipal Code 22.44.010 are hereby amended to read as follows: Section 3.8 PERMITTED USES. The following uses shall be permitted in the C-2 zone: (1) All uses permitted in any residential districts; (2) All uses permitted in C-1 retail business district except service stations, provided, however, any service station existing as of the effective date of this title, 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 salesrooms; (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, electrical (no outdoor storage of materials); (17)Garages (by special permit) Section 3. Section 15 of Ordinance 1203, Pasco Municipal Code 22.12 are hereby amended to read as follows: Section 15 DEFINITIONS Section 15.1 INTERPRETATION AND CONSTRUCTION For the purpose of this title, certain terms or words herein shall be interpreted or defined as follows: Except where specifically defined in this chapter all words used in this title 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 sin- gular and the singular includes the plural. (1) "Lot" includes "plot"; (2) "Building" includes "structure"; (3) "Shall" is intended to be mandatory; (4) "Occupied" or "used" shall be considered as though followed by the words "or intended," "arranged," or "designed to be used or occupied." Section 15.2 ACCESSORY USE. "Accessory Use" means a use subordinate to the principal use or building and located on the same lot with such principal use or building. AGRICULTURAL USE (LIMITED) "Agricultural use (limited)" means 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 "Alley" means a narrow service way, not less than twenty feet wide, providing a secon- dary public means of access to abutting properties. ALTERATIONS "Alterations: mean as applied to a building or structure: (1) A change or rearrangement of the structural parts in the existing facilities; or (2) An enlargement or addition on a building or structure; or (3) Moving a building or structure from one location or position to another; or (4) A change of use. ALTERATIONS, STRUCTURAL "Structural alterations" mean any change of supporting members of a building such as bearing walls, columns, beams, or girders. APARTMENT HOUSE "Apartment house" means a building arranged, intended, or designed to be occupied by three or more families living independently of each other. AREA, NET SITE "Net site area" means the total area within the property lines exclusive of external streets. AUTO COURT "Auto court" means a building or group of buildings, detached or semi-detached, con- taining 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 use primarily for the providing of sleeping accomodations for automobile travelers. Section 15.3 BASEMENT Basement means a story partly underground, but having at least one-half 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 feet or if it is used for business or dwelling purposes. BOARDING HOUSE "Boarding house" means any dwelling with less than twenty sleeping rooms in which per- sons either individually or as families are housed or -lodged and are provided meals at the dwelling. A rooming house or furnished rooming house is a boarding house. BUILDING "Building" means a roof supported by walls or columns for the enclosure of persons, animals or property of any kind or nature. BUILDING, ACCESSORY "Accessory building" means 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 "Building area" means 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 ter- races and steps. BUILDING, DETACHED "Detached building" means a building surrounded by open space as required herein. BUILDING, FRONT LINE OF "Front line of building" means the line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered proches whether enclosed or unenclosed, but does not include steps. BUILDING HEIGHT "Building height" means 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 "Main building" means a building in which is conducted the principle use of the lot on which it is situated. Section 15.4 CAMPING GROUND "Camping ground" means a parcel of land used or intended to be used, let, or rented for occupancy 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 is a camping ground. CELLAR "Cellar" means a story partly underground and having more than one-half of its clear height below the average level of the adjoining ground. A cellar shall not be con- sidered in determining the permissable number of stories. CLUB MEMBERSHIP "Club membership" means an organization catering exclusively to members and their guests in premises and buildings for recreational and athletic purposes. Such opera- tions 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 "Court" means an unoccupied open space other than a yard on the same lot with a building which is bounded on two or more sides by the walls of such building. COURT, INNER "Inner court" means 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 "Outer court" means a court extending to a street line or opening upon any front, side or rear yard. COVERAGE "Coverage" means that percentage of the plot or lot area covered by the building area. CURB LEVEL "Curb level" means the officially established grade of the curb in front of the mid- point of the lot. Section 15.5 DOG KENNEL "Dog kennel" means 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 "Dwelling" means a building designed for or used as a living quarter for one or more families. "One family dwelling," "two family dwelling," or "dwelling group" does not include automobile courts, mobile homes, or tourist homes. DWELLING, MULTIPLE "Multiple dwelling" means a building used or designed as a residence for three or more families living independently of each other doing their own cooking therein. This includes apartment houses, apartment hotels, flats and group houses. DWELLING, ONE FAMILY "One family dwelling" means a detached dwelling designed for or occupied exclusively by one family. DWELLING, TWO FAMILY "Two family dwelling" means a building designed for or occupied exclusively by two families living independently of each other, except that common laundry facilities are allowed. DWELLING UNIT "Dwelling unit" means a building or portion thereof providing complete house keeping facilities for one family. Sectio n 15.6 No. -definition Section 15.7 FAMILY "Family" means one or more persons occupying premises and living as a single house- keeping unit as distinguished from a group occupying a group house, lodging house, club, fraternity, or hotel. FILLING STATION, PUBLIC GASOLINE "Public gasoline filling station" means 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, al- so 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. FLOOR AREA "Floor area" means 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 centerline of walls separating two buildings. In particular, the floor area of a building or buildings includes: (1) Basement space; (2) Floor space for mechanical equipment, with structural headroom of seven feet, six inches or more; (3) Elevator shafts and stairwells at each floor; (4) Penthouses; (5) Attic space (whether or not floor has actually been laid) providing structural headroom of seven feet, six inches or more; (6) Interior balcony and mezzanine; (7) Enclosed porches; (8) Accessory uses not including space for accessory off-street parking. However, the floor area of the building does not include: (1) 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; (2) Elevator and stair bulkheads, accessory water tanks and cooling towers. (3) Attic space, (whether or not a floor has actually been laid) providing structural headroom of less than seven feet, six inches; (4) Uncovered steps; (5) Terraces, breezeways, and open spaces; (6) Accessory off-street parking spaces. FLOOR AREA RATIO OF A BUILDING "Floor area ratio of a building" means a quotient of the floor area of the building divided by its lot area. Section 15.8 GARAGE, PRIVATE "Private garage" means 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 six thousand 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;,occupantt�of,thb,.buildings to which.the.garage is accessory. GARAGE, PUBLIC "Public garage" means 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. Section 15.9 HOME OCCUPATIONS "Home occupations" means an occupation which is carried on in a dwelling unit, and: (1) Is carried on only within the principal building; (2) Is carried on by a member of the family residing in the dwelling unit; (3) Is incidental and secondary to the use of the dwelling unit for residential purposes. (4) Which conforms to the following additional conditions: (A) Exterior signs or display shall be in:conformance with provisions of this title regulating same; (B) 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; (C) No offensive noise, vibration, smoke, dust, odors, heat, or glare shall be produced; (D) 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: (1) Art studio; (2) Dress and drapery. making; (3) Teaching with musical instruments limited to a single pupil at a time; (4) Preparation of food for off -premise sale. However, a home occupation shall be interpreted to include the following: (1) Barbershops and beauty parlors; (2) Real estate and insurance offices; (3) Restaurants; (4) Commercial stables and kennels; (5) Cabinet making. HOSPITAL Unless otherwise specified, "hospital" includes sanitarium, sanatorium, preventorium, clinic, rest home, nursing home, convalescent home, and any other place for the diag- nosis, treatment, or care of ailments and to be limited to the above named places. HOTEL "Hotel" means used, rented, by guests and building or an Section 15.10 No definition Section 15.11 a building containing rooms intended or designed to be used or which are or hired out to be occupied or which are occupied for sleeping purposes in which only a general kitchen and dining rooms are provided within the accessory building. JUNKYARD "Junkyard" means 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. Section 15.12 No definition Section 15.13 LAUNDROMAT "Laundromat" means 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 "Laundry" means a business where clothes and/or other fabrics are sent to be cleaned. LINE, STREET "Street line" means the dividing and adjacent lot. line between the dedicated right-of-way of a street LODGING HOUSE "Lodging house" means a building in which more than two and less than twenty rooms are rented and in which no table board is furnished. LOT "Lot" means 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 title. The land shall not have less than the minimum area required by this title for the lot in a district in which such land is situated. The 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 title to be ade- quate. Compliance with the above stipulations shall be necessary for the issuance of a building permit for a building or structure. LOT, CORNER "Corner lot" means land at the junction of and fronting on two or more intersecting streets. LOT, CORNER, DEPTH OF "Depth of corner lot" means a mean horizontal distance between the front and rear lot lines measured in the general direction of its side lot lines. LOT DEPTH "Lot depth" means the horizontal distance between the front and rear property in the mean direction of the side lot lines. LOT, INTERIOR "Interior lot" means a lot other than a corner lot. LOT, KEY "Key lot" means a lot in which the front half of the side lot line forms the rear lot line of an adjoining lot. LOT LINE "Lot line" means any line dividing one lot from another. LOT, THROUGH "Through lot" means an interior lot having frontage on two parallel or approximately parallel streets. LOT, WIDTH OF "Width of lot" means the average width measured at right angles to the depth. Section 15.14 MOTEL For a definition of "Motel" see auto court, Section 15.2. MOTOR VEHICLE REPAIR SHOP "Motor vehicle repair shop" means a building or portion of a building arranged, intended or designed to be used for making repairs to motor vehicles. Section 15.15 NONCONFORMING USE "Nonconforming use" means a building, structure, or use of land existing at the time of the enactment of this title and which does not conform to the regulations of the district or zone in which it is situated. NURSERY SCHOOL "Nursery school" means a school designed to provide daytime care and/or daytime in- struction for five or more children. NURSING OR CONVALESCENT HOME "Nursing or convalescent home" means 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. Section 15.16 OPEN SPACES "Open spaces" means an.unoccupied space open to the sky on the same lot with a building. Section 15.17 PATIO "Patio" means a paved area adjoining a dwelling, used primarily for recreation. PERSON "Person" when used herein, includes therein individuals, partnerships, associations, or corporations. PRINTING PLANT "Printing plant" means a commercial printing shop using equipment rated as a thirty- eight inch or larger single color printing press and related accessory equipment, more canm only known as Rotary Form Printing, Publishers and newspapers. PRINTING SHOP "Printing shop" means a commercial printing shop using equipment rated less than a thirty-eight inch single color printing press and related accessory equipment, more commonly known as letter shops or job printers. PROFESSIONAL OFFICE IN A RESIDENCE "Professional office in a residence" means a professional office or studio located in the residence of a physiciah, 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 princi- pal building and may be advertised by a professional nameplate or sign not to exceed ninety-six 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. Section 15.18 QUARRY, SAND PIT, GRAVEL PIT, OR TOPSOIL STRIPPING "Quarry, sand pit, gravel pit or topsoil stripping" means 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. Section 15.19 RESIDENTIAL HOTEL "Residential hotel" means 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 "Riding academy" means 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. Section 15.20 SANITARIUM OR SANATORIUM "Sanitarium or sanatorium" means a private hospital whether or not such facilities are operated for profit. SIGN SHOP, COMMERCIAL "Commercial sign shop" means any shop producing signs except electrical signs. SIGN SHOP, ELECTRICAL "Electrical sign shop" means any shop producing signs that are illuminated internally. STABLE, PRIVATE "Private stable" means an accessory building in which horses are kept for private use and not for hire, remuneration, or sale. STABLE, PUBLIC "Public stable" means a building in which horses are kept for remuneration, hire, or sale. STORY "Story" means 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 "Half story" means a story under a gable, hip, or gambel, the wall plates of which on at least two exterior walls are not more than two feet above the floor of such story. STORY, HEIGHT OF "Height of story" means 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 "Street" means a public or private way which affords a principal means of access to abutting properties. STRUCTURE "Structure" means anything constructed or erected, the use of which requires location on the ground or attachment to something having a location on the ground. Section 15.21 THEATER, MOVING PICTURE "Moving picture theater" means a building or part of a building devoted to the showing of moving pictures on a paid admission basis. THEATER, OUTDOOR DRIVE-IN "Outdoor drive=in theater" means 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 "Tourist cabins" means a group of buildings, including either separate cabins or a row of cabins, which: (1) Contain living and sleeping accommodations for transient occupancy; (2) Have individual entrances. TOURIST HOME "Tourist home" means a dwelling in which overnight accommodations are provided or offered for transient guests for compensation;. Section 15.22 No definition Section 15.23 No definition Section 15.24 WAY "Way" means a street or alley or other thoroughfare or easement permanently established for passage of persons or vehicles. -Sect -ion -15.25 No definition Section 15.26 YARD "Yard" means an unoccupied space open from the ground line to the sky on the same lot with the building or structure. YARD, FRONT "Front yard" means 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, projecting 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 "Rear yard" means an open unoccupied space on the same lot with the main building ex- tending 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 centerline of an easement and the rear line of the building. YARD, SIDE "Side yard" means an open unoccupied space on the same lot with the building situated between the furtherest projection of the building and the side lines of lot extending from the front yard to the rear yard. Any lot line not a rear line or a front line is a side line. Section 15.27 No definition Section 4. All ordinances or any part of an ordinance in conflict with the ordinance is hereby repealed. Section 5. 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 this 1 day of Feb.,1972 rD on.., a,,� 7e.: DONALD D. LINTON, Mayor ATTEST: C/ HARRY 'D: KIN E , Directdr of Finance and Ex- fficio City Clerk APPROVED AS TO FORM: A, I O)e&� D. WAY9E CAM ELL, City Attorney