HomeMy WebLinkAbout2036 OrdinanceG
ORDINANCE NO. 2036
AN ORDINANCE relating to landscape and screening and adopting a
new Chapter to the Pasco Municipal Code to be known
and referred as Chapter 22.82.
THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS:
SECTION 1. That Chapter 22.82, Landscape and Screening, of the
Pasco Municipal Code is hereby adopted to read as follows:
CHAPTER 22.82
LANDSCAPE AND SCREENING
Section 22.82.010: Purpose
Section 22.82.020: Application of Chapter
Section 22.82.030: Definitions
Section 22.82.040: Landscape Area Required
Section 22.82.050: Screening Required
Section 22.82.060: Design Standards
Section 22.82.070: Plan Required
Section 22.82.080: Relief
Section 22.82.090: Maintenance - Responsibility
Section 22.82.100: Penalty - Enforcement
Section 22.82.110: Additional Remedy - Lien
Section 22.82.010 PURPOSE. It is the purpose of this chapter
to establish minimum standards for the provision, design, and maintenance
of landscape areas and sight"obscuring methods within the commercial
and industrial districts of the city, thus preserving the health, safety,
and general welfare of the citizens while providing for the visual
enhancement of these districts. Further, it is the purpose of this
chapter to achieve particular objectives including, but not necessarily
limited to, the following:
A) Stabilize and preserve land values within and adjoining
the commercial and industrial districts of the city;
B) Provide an opportunity for the development of an aesthetic
visual environment within the commercial and industrial districts for
the benefit of the users of such districts as well as passers-by;
C) Preserve the safety of the general public by assuring
adequate lines of sight along public streets and at intersections;
D) Provide not only for the health, safety, and general
welfare of the residents, workers, and visitors of the city, but also
to provide for the beauty and balance of the city, as are the proper
and necessary concerns of local government.
Section 22.82.020 APPLICATION OF CHAPTER. The requirements
contained in this chapter shall be deemed to be the minimum standards
for landscape and screening within the commercial and industrial
districts of the city and, within said districts, shall be fulfilled
in accordance with the following:
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A. New Developments: New commercial or industrial developments
shall comply with all of the requirements in this chapter.
B. Existing Developments: Commercial or industrial developments
existing upon the effective date of this ordinance:
(1) Shall comply with the screening requirements of this
chapter within two years from the effective date of
this ordinance.
(2) Shall fulfill 250 of -the landscape area requirements
of Section 22.82.040(A) within two years from the
effective date of this ordinance.
(3) In conjunction with any gross floor area expansion,
shall provide landscape as required by this chapter
to the extent of net lot area related to said expansion.
C. The owner, occupant, and person responsible for or having
control of the premises shall be responsible for compliance with the
requirements of this chapter.
Section 22.82.030 DEFINITIONS. For purposes of this chapter,
the following definitions shall be used:
A. Landscape: The term "landscape" shall include, but not be
limited to, natural or artificial grass, flowers, shrubs and trees,
planters, and ornamental forms of stone and wood, but shall exclude
pavement.
B. Landscape Area: The term "landscape area" shall mean those
individual or collective portions of the lot devoted to landscape
and may include pedestrian walks or ways when such walks or ways are
of a decorative and/or textured character and are designed as a
complementary part of the landscape area.
C. Lot: The term "lot" shall be the area within the property
lines of the parcel or group of parcels upon which the proposed
construction or improvements will occur, including all accessory or
incidental use areas, but excluding any unused area provided such area
is maintained in accordance with Chapter 12.12 of the Pasco Municipal
Code.
D. Net Lot Area: The term "net lot area" shall be the total
area of the lot less that area covered by permanent enclosed structure
and less that area devoted to outdoor storage and less those areas
defined in subsections 22.82.030 E(1) and E(3).
E. Outdoor Storage: The term "outdoor storage" shall mean
all materials, equipment, merchandise, or objects kept or placed on
the lot or not within an enclosed structure, for preservation or later
use or disposal; it is not intended, however, to include the following
exceptions:
(1) Those objects customarily stored outside an enclosed
structure due to their size and due to their being of
such character as to not readily deteriorate when
exposed to the elements, such as automobiles, mobile
homes, boats, and other vehicles, farm machinery,
irrigation and heavy construction equipment, and those
objects which are themselves enclosures; provided,
however, said objects are being kept primarily for
immediate sale to others or for rental to others.
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(2) Neat and orderly outdoor displays of items or objects
for immediate sale when such displays are incidental
or accessory to an established commercial principal
activity conducted from an enclosed structure, and,
further, provided that the area consumed by said displays
does not exceed an amount equal to ten percent of the
net lot area.
(3) Live plants and vegetation.
Section 22.82.040 LANDSCAPE AREA REQUIRED.
A. Each commercial or industrial development shall devote to
landscape at least the area prescribed below for the zone in which said
development is situated:
(1) C-1 Zone: Four (4) percent of net lot area;
(2) C-2 Zone: Exempt;
(3) C-3 Zone: Four (4) percent of net lot area;
(4) C -1-D Zone: Exempt;
(5) I-1 Zone: Two (2) percent of net lot area, EXCEPT those
developments permitted in the C-3 district shall comply
with paragraph (3) above;
(6) I-2 Zone: Two (2) percent of net lot area.
B. Unused Right -of -Way: The area between property lines and
street curbs or sidewalks, exclusive of driveways for ingress/egress,
shall -be treated with landscape materials: provided, however, that a
development existing upon the effective date of this ordinance and which
clearly depends on the use of such area for parking or maneuvering of
vehicles, need not treat such area, but as a consequence of voluntary
treatement may include the area so treated in determining compliance
with paragraph A. above.
Section 22.82.050 SCREENING REQUIRED.
A. Outdoor storage located in a_-commercial-oi:industrial zone
shall be screened from and adjacent residential zones and from
residential zones across a public street or alley.
. B. Outdoor storage located in a commercial or industrial zone
and upon a lot adjacent to the following streets shall be so screened
as to obscure vision of such outdoor storage afforded from said streets:
(1) "A" Street
(2) Columbia Street, between 1st Avenue and 10th Avenue;
(3) Lewis Street;
(4) Clark Street, between lst Avenue and 18th Avenue;
(5) Sylvester Street;
(6) Court Street;
(7) Highway #395;
(8) Oregon Avenue, north of "A" Street and south of
Highway 12;
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(9) First Avenue, north of "A" Street;
(10) Second Avenue, north of "A" Street;
(11) Third Avenue, north of "A" Street;
(12) Fourth Avenue, south of Highway 12;
(13) Fifth Avenue, north of "A" Street;
(14) Sixth Avenue, north of "A" Street;
(15) Seventh Avenue, north of "A" Street;
(16) Eightn Avenue, north of "A" Street;
(17) Ninth Avenue, north of "A" Street;
(18) Tenth Avenue;
(19) Fourteenth Avenue;
(20) Eighteenth Avenue;
(21) Twentieth Avenue;
(22) Twenty -Fourth Avenue;
(23) Twenty -Eighth Avenue;
(24) Thirty -Second Avenue;
(25) Thirty -Fourth Avenue;
(26) Thirty -Sixth Avenue.
Section 22.82.060 DESIGN STANDARDS.
A. Intersections: Landscape materials situated within twenty
(20) feet of a street or driveway intersection, as measured parallel
to the lines forming the intersection, shall not obstruct or obscure
horizontal vision between the heights of two and ten feet above the
adjacent street or driveway grade.
B. The landscape area required under Section 22.82.040(A)
shall be provided entirely within the lot, but may be concentrated or
dispersed; provided, however, at least 500 of the required landscape
area shall be visible from the street adjoining the lot.
C. Fire Hydrants: Where a fire hydrant is located within a
landscape area, it shall be complemented by a minimum clearance radius
of three feet.
D. Irrigation: Where the landscape materials used in required
landscape areas depend on water for sustenance, an underground sprinkler
system shall be provided. Water hose stations may be substituted for
an underground sprinkler system provided all landscape materials
dependent upon water are within fifty feet of a hose station.
E. Screening:
(1) Screening of outdoor storage shall be accomplished by
one or both of the following methods:
(a) Dense shrubs and/or trees planted to provide a
sight -obscuring screen and within a minimum height
of six feet, both within two years of planting.
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(b) A solid or otherwise sight -obscuring fence or wall
at least six feet in height.
(2) For security purposes, portions of the required screening
not to collectively exceed twenty lineal feet along each
street or alley adjacent to the lot and from which vision
is obscured, may be left unobstructed and open to view.
Section 22.82.070 PLAN REQUIRED. Compliance with the
requirements of this chapter shall be demonstrated on a scaled site
plan submitted with and as part of application for building permit.
Said site plan shall include:
A. Designation and dimensions of all use areas within the lot.
B. Boundaries and dimensions of all landscape areas.
C. Area, in square feet, of the net lot area, and individual
and collective landscape areas.
D. Location of screening, where required.
E. Method of irrigation, if applicable.
Section 22.82.080 RELIEF. Where relief is sought from the
provisions of this Chapter, application shall be made in the form of
a letter explaining the relief sought and the reasons therefor
accompanied by a scaled site plan and a fifteen dollar fee. The
complete application shall be filed with the City Planner. Within ten
working days from the date of receipt of a complete application, the
City Planner shall issue a written decision to approve, approve with
modifications, or deny the request for relief. Any decision of the
City Planner may be appealed to the City Council if written notice
of appeal, which shall include all and exclusive reasons for said
appeal, is filed with the City.Clerk within ten working days from the
date of the -decision. In the event a written decision is not issued
by the City Planner within the required time period, the application
for relief shall automatically constitute a qualified and properly
filed notice of appeal and shall be considered by the City Council in
accordance with this section. The City Council, within thirty calendar
days from the date of filing of the appeal, shall consider the appeal
at a regular meeting thereof, but such consideration shall be limited to
the reasons included in the written notice of appeal and shall include
the written decision of the City Planner and the reasons therefor.
The City Council may affirm, modify, or reverse the decision of the
City Planner.
Section 22.82.090 MAINTENANCE - RESPONSIBILITY. All landscape
and screening required under this Chapter shall be so maintained as
to not detract from the purpose of this Chapter and shall be kept
reasonably free of weeds and trash. The owner, occupants, and persons
responsible for or having control of the premises shall be.responsible
for such maintenance.
Section 22.82.100 PENALTY - ENFORCEMENT. In addition to the
general criminal penalty provided for under Section 1.01.130 of the
Pasco Municipal Code, failure to properly maintain required landscape
and screening may also constitute a civil violation with a maximum
fine of one hundred & 00/100 ($100.00) dollars for each violation.
Each and every day such violation exists shall constitute a separate
and punishable violation.
Section 22.82.110 ADDITIONAL REMEDY - LIEN. In addition to the
penalties prescribed above, the city may itself remedy a violation of
this Chapter and place a lien upon the property as permitted by law.
Use of this provision, however, shall be preceded by written notification
directed by certified mail to the owner of the property in violation.
Said notification shall describe the violation and shall provide at
least ten calendar days from date of receipt of written notification
during which the owner may cause the violation to be remedied. In the
presence of seasonal or other practical consideration, the time period
in which violations are to be remedied may be reasonably extended by
written instrument acknowledged by the person responsible for such
remedy and approved by the municipal officer charged with enforcement
of this Chapter.
SECTION 2. 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 this 20 day
of February 1979.
000,
Chet Bailie, Mayor
A7E�S?T
i
velyn""Wel s, City Clerk
APP OVED AS TO FO
De his J. De elic , City Attorney