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HomeMy WebLinkAbout4288 OrdinanceORDINANCE NO. J Z$� AN ORDINANCE AMENDING PMC TITLE 25 DEALING WITH TEMPORARY BUSINESS STANDARDS IN THE I-182 CORRIDOR. WHEREAS, cities have the responsibility to regulate and control physical development within their borders and to ensure public health, safety and welfare are maintained; and, WHEREAS, the City of Pasco has zoning regulations that encourage orderly growth and development of the City; and, WHEREAS, within the zoning regulations PMC Chapter 25.58 contains provisions that encourage aesthetically attractive buildings and commercial development within the I-182 corridor of the city; and, WHEREAS, permanent businesses in the I-182 Overlay District are required to develop with enhanced architectural features, screening and landscaping in comparison with other commercial areas of the community; and, WHEREAS, PMC 25.58 requires the owners of all commercial properties to maintain their properties in a clean, safe and well-maintained condition consistent with the enhanced landscaping and screening requirements; and, WHEREAS, PMC Chapter 25.58 was amended in September of 2010 to include provisions for the operation of temporary businesses that support the general intent of Chapter 25.58 of the zoning regulations; and, WHEREAS, PMC Section 25.58.095 contains a spacing standards that require temporary vendors to be located at least 500 feet apart; and, WHEREAS, PMC Section 25.58.095 also limits the placement of temporary vendors to one per parcel; and, WHEREAS, PMC Section 25.58.095 contains operational standards that prohibit the use of accessory equipment like tables, tents, umbrellas and other equipment to sell merchandise and the standards further restrict the display of merchandise to a temporary business vehicle only; and, WHEREAS, the operational standards of PMC Section 25.58.095 have impacted the location of temporary vendors in the I-182 corridor in a similar manner as the spacing standards; and, WHEREAS, on April 21, 2016 the Planning Commission held a public hearing to consider amending the provisions of PMC Chapter 25.58. Notice of said hearing being provided in the Tri -City Herald and through the City's website; and, WHEREAS, during the course of the April 21, 2016 public hearing the Planning Commission adopted findings to support a recommendation that the City Council amended the temporary business standards; and, WHEREAS, the City Council has determined that to further the purposes of maintaining a quality community and to support desired business activities, it is necessary to amend PMC Title 25 and adopts by reference the Planning Commission's findings on this matter; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That PMC Section 25.58.095 be and the same is hereby amended to read as follows: 25.58.095 TEMPORARY BUSINESS STANDARDS. (A) Temporary businesses are only permitted on lots that are fully developed with curb gutter and sidewalk and improved with parking lots, landscaping and buildings. (B) Temporary businesses must be located at least 300 feet from the property line of any residentially zoned property. (C) Goods, wares and merchandise of any kind can only be displayed or offered for sale from the temporary business vehicle or conveyance. (D) Only one temporary business vehicle is permitted per licensee and lot or parcel. (E) Temporary businesses must be located at least 399 300 feet apart. (F) No ancillary or accessory equipment of any kind is permitted to be used with a temporary business including but not limited to: tables, chairs, benches, picnic tables, umbrellas, propane tanks, tents, awnings, carport structures, satellite dishes, recreational equipment, amusement devices, entertainment equipment, portable or temporary shelters, portable heaters, temporary lighting fixtures, decorative lighting, coolers not located on the business vehicle, freezers/refrigerators not located on the business vehicle, carpet, fencing, and faux landscape elements. (G) No parking lot modifications are permitted for the location of temporary businesses including but not limited to: curbing, concrete slabs, decking and patios. (H) Signage is only permitted on the temporary business vehicle and not on public right- of-way or in parking lots. (I) No advertising for services, activities and products that are not available on or from the temporary business vehicle is permitted. (.1) Temporary businesses must be located at least 25 feet from any public right-of-way. (K) Temporary businesses must locate in an area of the parking lot that will not impede fire lanes or the use of drive aisles within and around parking lots. (L) Required off street parking cannot be diminished by the location and operation of a temporary business. Section 2. This ordinance shall be in full force and effect five days after passage and publication as required by law. PASSED by the City Council of the City of Pasco, at its regular meeting of May 16, 2016. Matt Watkins Mayor ATTEST: V �—I I Debra L. Clark City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney