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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: -2- 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. -3- (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; -4- (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. -5- (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