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HomeMy WebLinkAbout2362 Ordinance-, ORDINANCE NO. 2362 AN ORDINANCE relating to zoning by amending Chapters 22.16 (Board of Adjustment) and 22 80 (Special Per- mits) of the Pasco Municipal Code. WHEREAS, the City Planning Commission has studied the Pasco Zoning Code regulations relating to residential development and, at the conclu- sion of numerous Public hearings, recommended certain amendments to Chapter 22.80 (Special Permits); and WHEREAS, the City Council has reviewed the recommendation of the Planning Commission and conducted a public hearing on May 17, 1982, in consideration of the recommendations; and WHEREAS, the City Council on May 17, 1982, concluded that Special Permits should be considered by the Planning Commission rather than the Board of Adjustment, and WHEREAS, the City Council conducted an additional public hearing on June 7, 1982, to consider public testimony regarding the proposal that the Planning Commission consider Special Permits rather than the Board of Adjustment; and WHEREAS, the City Council finds, at the conclusion of said hearings, the certa3n revisions recommended by the Planning Commission and the pro- posal that the Planning Commission consider Special Permits, rather than the Board of Adjustment, to be necessary and appropriate for the governance of physical development anticipated to occur in the City of Pasco, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS Section One. That Section 22.16.040 of the Pasco Municipal Code be and the same hereby is amended to read as follows PMC 22.16.040 AUTHORITY OF THE BOARD. The Board of Adjustment, subject to appropriate conditions and safeguards as provided by this title, shall hear and decide: 44- Spee±a+-Perm±ts-r--App+±eat±en-fe-speeta+ perm±ts-when-the-ten±nej-t±t+e-sets-erth .1.1e-spee±±e-lases-te-35e-made-atthieet-te spee±a+-use-perre±t5-and-estabI±shea-er- terta-fer-tleterNtn±ng-the-een4±t±ens-te be-±m.oesed; 42*(1) Variances. Applications for variances from the terms of this title provided, that any variance granted shall be subject to such conditions as will assure that the adjust- ment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated, and that the following circumstances are found to apply: (a) Because of special circumstances applicable to subject, including size, shape, topography, loca- tion of surroundings, the strict application of the zoning ordinance is found to deprive subject property of rights and privileges enjoyed by other properties in the vicinity and under iden- tical zone classification. (b) That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which a subject property is situated. Section Two. That Section 22.16.060 of the Pasco Municipal Code be and the same hereby is deleted as follows PMG-22:1674469--TEMPeRARY-STRUETURES-AND-USES7--The temperary-use-ef-a-strlaeture-er-preftitses-±m-amy-meme elasseat±en-4er-a-purpese-er-tase-that-elees-net eemferm-te-the-yeguIat±ens-preset .±15ed-elsewhere-tm th±s-t±tle-fer-the-ene-eIass±±eat±en-±n-wh±eh-tt ±s-eeated-ts-perm±ss±bIe-prev±ded-that-sueh-tise-be eg-a-temperary-mate-and-dees-net-±nvelve-the efeet±en-e-a-substamt±al-sttettire7--A-2entnej-eer - t±gleate-geE-suela-use-Elay-be-fframted-±n-tlie-fefFti-eg a-temperary-and-retreeable-pemer-net-nere -than a-slm-Rtenth-peE+ed-r -slib5-eet-te-sueh-eemel±t±ens-as w±II-safegtiara-the-ptibl±e-health7-safety7-eenventenee, and-ffeneraI-weIgarey Section Three. That Section 22.16 150 of the Pasco Municipal Code be and the same hereby is amended to read as follows: PMC 22.16.060 ACTION OF BOARD FINAL The action by the Board of Adjustment on an apolication for a spee±aI-perm±t-er variance, or on an appeal from the decision of an administrative officer shall be final and conclusive unless within ten days from the date of the action the original applicant or an adverse party makes application to a court of competent jurisdiction for a writ of certiorari, a writ of prohibition, or a writ of mandamus. Section Four. That Chapter 22.80 of the Pasco Municipal Code be and the same hereby is amended to read as follows - CHAPTER 22.80 SPECIAL PERMITS Sections: 22.80.010 22.80.020 22.80.030 22.80.040 22.80.050 22.80.060 22.80.070 22.80.080 22.80.090, 22.80.100 22.80.110 22.80.120 22.80.130 General Provisions. Unclassified Uses. Temporary Uses. Application Requirements. Public Hearing Required. Findings of Fact by Planning Commission. Decision of Planning Commission. Appeal - Filing Requirements. City Council Review. Effective Period. Expiration. Extensions. Revocation of Permit. 22.80.010 GENERAL PROVISIONS. Unclassified uses enumerated in Section 22 80.020, conditional uses listed within each district, and any other uses specifically referred to this chapter shall be sub- ject to the regulations contained in this chapter, in addition to all applicable requirements of this title. All such uses, due to their nature, are deemed to require special review to consider, on a case by case basis, their impacts on adjacent uses, uses within the vicinity and the infrastructure which would serve them. Conditional uses and other uses specifically referred to this chapter may be permitted only in their respective districts. Un- classified uses may be permitted within any district (where not otherwise prohibited). 22.80.020 UNCLASSIFIED USES. The following uses shall be considered unclassified. (1) High schools, colleges, universities, vocational schools, business colleges and other similar academic or skills training facilities or institutions not heretofore permitted within any district; (2) Cemeteries, crematories, mausoleums, and other places of burial or interment of remains; (3) Hospitals, sanitariums and institutions for the insane; (4) Correctional institutions, juvenile delinquency homes and facilities, and other similar facilities for incarceration or detainment, (5) Airports, heliports, or any other landing or maneuvering space for aircraft, together with term- inals and other customary facilities accessory to the unclassified use, (6) Group homes as defined in Section 22 12.387; (7) Group care facilities as defined in Section 22.12.385, (8) Golf courses, pitch and putt courses, miniature golf courses, and similar facilities for public, private or membership use; (9) Monasteries, convents or other functionally similar facilities, (10) Mines, quarries and gravel pits; (11) Land-fills, garbage dumps, and resource recovery facilities; (12) Off-site parking lots, except those required for a residential use, provided such parking area is not more than 500 feet from the building; (13) Electrical substations and load transfer stations. 22.80.030 TEMPORARY USES. A temporary special permit for any use not otherwise permitted within the appli- cable district, may be approved by the Planning Commis- sion, provided that such use is clearly of a temporary nature and does not involve the erection of a permanent structure. Requests for temporary special permits shall be applied for and processed in the same manner as herein established for uses requiring a special permit, includ- ing such conditions as will safeguard the public health, safety and general welfare for the duration of the permit. 22.80.040 APPLICATION REQUIREMENTS. Applications for special permit shall include the following: (1) Present use of the land and structures, if any: (2) Detailed description of the proposed use; (3) Description of any existing zoning ordinance violation; (4) A site map or plan drawn neatly and to scale, showing the following: (a) Exterior property lines and any adjacent public street or alley rights-of-way; (b) Existing and proposed buildings and other structures; (c) Existing and proposed points of ingress and egress, drives and driveways and circulation pattern; (d) The location of existing and proposed parking areas with each parking space shown; (e) Existing and proposed open spaces and landscape areas; (5) Certificate of ownership and list of owners of all property within 300 feet of the applicant's property, as shown on the official records of the County Assessor; (6) Any other pertinent information that may be necessary to determine if the use meets the requirements of this title. 22.80.050 PUBLIC HEARING REQUIRED. Upon the filing of a complete application for special permit, the applica- tion shall be scheduled for a public hearing before the City Planning Commission. Notice of such hearing shall be given as provided for in Chapter 22.88.015. The public hearing may be continued as deemed necessary by the Planning Commission provided the applicant consents to any such continuance; in the event the apolicant does not consent to a continuance, the Planning Commission shall close the public hearing and render a decision in accordance with the provisions of Sections 22.80.060 and 22.80.070. 22.80.060 FINDINGS OF FACT BY PLANNING COMMISSION. Upon conclusion of the public hearing, the Planning Commission shall make and enter findings from the record and conclu- sions thereof as to whether or not (1) The location and size of the proposed use, the nature and intensity of the operations involved, and the size of the site in relation to the proposed use and the loca- tion of the site in relation to the existing and future streets giving access to it, will be such that it will be in harmony with the orderly development of the district; (2) The location and height of proposed structures and the site design will discourage the appropriate development of adjacent land and buildings or impair the value thereof, (3) The operations in connection with the proposal will be more objectionable to nearby properties by reason of noise, fumes, vibrations, or flashing lights than would be the operation of any permitted uses. 22.80.070 DECISION OF PLANNING COMMISSION. After a public hearing on a proposed temporary, conditional or unclassified use, the Planning Commission shall render a decision as to whether the proposal be denied, approved, or approved with modifications and/ or conditions. 22.80.080 APPEAL - FILING REQUIREMENTS. (1) Any decision of the Planning Commission regard- ing a special permit application may be appealed in accordance with one of the following methods: (a) Applicant: Within ten (10) calendar days from the date of the Planning Commission decision, appli- cant files written appeal with the City Planner stating the basis of appeal from said decision. (b) Other person: Within ten (10) calendar days from the date of the Planning Commission decision, any person aggrieved by said decision files written appeal with the City Planner stating the harm to be experienced by such person as a result of the Planning Commission's decision. (2) Either method of appeal shall include payment of an appeal fee in the amount of Twenty-five Dollars ($25) at the time of filing said appeal 22.80.090 CITY COUNCIL REVIEW. (1) A proper and timely filed appeal shall cause the City Council to schedule a public hearing, notice of which shall be given in accordance with Section 22.88.015, to consider the appeal of the Planning Commission decision (2) The City Council shall review the official record of the special permit application, including the written appeal, and shall consider testimony pertinent to the official record Evidence received by the City Council but not reflected in the official record shall be sufficient ground to return the application to the Planning Commission for reconsider- ation in light of the new evidence. (3) Upon conclusion of the hearing, the City Council shall make and enter findings of fact and conclusions thereof in support of their decision. The council may affirm, modify or reverse, in whole or in part, the decision of the Planning Commission, or may remand the matter to the Planning Commission for reconsideration. 22.80.100 EFFECTIVE DATE. Special permits shall become effective ten (10) calendar days after the date of the Planning Commission decision or decision from appeal, whichever is later. 22.80.110 EXPIRATION. Unless otherwise specified with- in the special permit, the applicant shall commence the special use authorized or obtain a building permit for construction of authorized facilities within six (6) months after the effective date of the special permit, or the special permit shall expire. In the case of temporary special permits, unless otherwise specified within the permit, the permit shall expire after six (6) months from its effective date. Within thirty (30) days after the date of expiration, the applicant shall have removed from the premises the temporary use and any improvements of a temporary nature authorized by the permit. 22.80.120 EXTENSIONS. The Planning Commission may grant a one-time extension to expired special permits, provided the extension does not exceed six (6) months and an application for extension is submitted to the City Planner no later than thirty (30) days after the expiration date of the special permit. This provision does not apply to temporary special permits. 22.80.130 REVOCATION OF PERMIT. Any special permit may be revoked by the Planning Commission if, after a public hearing, notice of which shall be given in accordance with Section 22.88 015, it is found that the conditions upon which the special permit was authorized have not been fulfilled or if the use author- ized has changed in size, scope, nature or intensity so as to become a detriment to the surrounding area The decision of the Planning Commission may be appealed to the City Council as provided in Sections 22.80.080 and 22.80.090. PASSED this 7 day of June , 1982. A. Snider, Mayor Section Five. This ordinance shall be effective upon its passage and publication as required by law. APPROVE AS TO FORM: ,..141 11101B1n110. Greg A. 11%, City Attorney CITY OF PASCO SUMMARY OF ORDINANCE NO 2362 Ordinance No 2362 amends the Zoning Code (Title 22 of the Pasco Municipal Code) by transferring the review authority for special permits from the Board of Adjustment to the Planning Commission, revising the review and appeal procedure, and estab- lishing a list of Unclassified Uses which require a special permit in any district Following is a section-by-section summary of Ordinance No 2362 Section 1 deletes the Board of Adjustment's authority to review applications for special permit Section 2 deletes the Board of Adjustment's authority to review temporary structures and uses Section 3 deletes the term "special permit" from the authority to appeal from a Board of Adjustment decision Section 4 amends the Special Permits chapter, Chapter 22 80 of the Pasco Municipal Code, as follows 1 Adds a list of "unclassified uses" which require a special permit in any zoning district, such as colleges, vocational schools, cemetaries, hospitals, jails, airports, group care facilities, mines or quaries, garbage dumps, off-site parking lots, electical substations 2 Requires temporary uses and structures to be reviewed in the same manner as other uses requiring a special permit 3 Specifies the application requirements for a special permit 4 Requires due notice and conduct of a public hearing by the Planning Commission for any special permit application 5. Requires the Planning Commission to make and enter certain findings and conclusions regarding the effect of the proposed special permit and issue a decision based on those findings and conclusions 6 Authorizes the Planning Commission to attach conditions to the approval of any special permit 7 Provides that any person aggrieved by the Planning Commission's decision on a special permit application may appeal such decision to the City Council if the appeal is filed, in writing, with the City Planner not more than ten (10) days after the date of such decision _ 8 Provides that the City Council will conduct a public hearing to consider a properly filed appeal and, further, provides that the City Council may change all or any part of the Planning Commission's decision or may return the matter to the Planning Commission for reconsideration 9 Provides that the effective date of an approved special permit shall be ten (10) days after the Planning Commission's decision or appeal decision, whichever is later 10 Provides that an approved special permit shall be commenced within six (6) months of the effective date, or it shall expire. 11 Requires all temporary uses and temporary improvements authorized under a special permit to be removed within thirty (30) days of the expiration of special permit for such temporary use and structures 12 Provides that the Planning Commission may grant one (1) extension of for a special permit, but not exceeding an additional six (6) months, and excepts temporary uses and structures from this extension 13 Provides that a special permit may be revoked by the Planning Commission if, after due notice and conduct of a public hearing, the use is found to have become a detriment to surrounding properties 14 Provides that any decision of the Planning Commission regarding revocation of a special permit may be appealed to the City Council in the same manner as outlined above Section 5 declares the effective date of Ordinance No 2362 The effective date will be five days after publication of the summary contained hereinabove. III. A copy of the full text of Ordinance No 2362 will be furnished by the City at no cost to any person who requests, in writing, a copy of the ordinance Written request must be filed in person or by mail, with the City Clerk of the City of Pasco, 412 West Clark Street, Pasco, Washington 99301 (telephone (509)-545-3402) Publish 6/17 Return 2 affidavits for publication -2 City of Pasco Summary of grdinance No 2362 I 'Ordinance No 2362 amends the Zoning Code (Title 22 of the Pasco Mu nicipal Code) by transfer- ring the review authority for special permits from the Board of Adjustment to the Planning Commission, revis- ing the review and appeal procedure, and establishing a list of Unclassified Uses which require a special per- mit in any district 11 Following Is a section- by section summary of Ordi nonce No 2362 Section 1 deletes the Board of Adjustment's au- thority to review oPPII- cations for special permit Section 2 deletes the Board of Adiustment's au- thority to review temporary structurgs and uses Section 3 deletes the term "special permit" from the authority to appeal from a Board, of Adjustment I decision' Section 4 amends the SPe- cial Permits chapter, Chap- ter 22 80 of the Pasco Municipal Code, as follows 1 Adds a list of "unclas- sified uses" which require a special permit in any zon- ing district, such as col- t leges, vocational schools, I cemeteries, hospitals, jails, !, airports, group care facil- ities, mines or Quarles, gar- bage dumps, off site parking I lots, electrical substations 2 Requires temporary uses and structures to be reviewed in the same man- ner as other uses requiring a special permit 3 Specifies the application requirements for a special permit 4 Requires due notice and conduct of a public heating by the Planning Commission for any special Permit application 5 Requires the Planning Commission to make and enter certain findings and conclusions regarding the effect of the proposed spe- cial permit and issue a de- cision based on those findings and conclusions 6 Authorizes the Planning Commission to attach condi- tions to the approval of any special permit 7 Provides that any per- son aggrieved by the Plan- ning Commission s decision on a special permit appli- cation may appeal such de- cision to the City Council if the appeal is filed, In writ- ing, with the City Planner not more than ten (10) clays after the date of such decision 8 Provides that the City Council will conduct a pub- lic hearing to consider a Properly filed appeal and, further, Provides that the City Council may change all or any part of the Planning Commission's decision or may return the matter to the Planning Commission for reconsideration 9 Provides that the effec five date of an approved special permit shall be ten (10) days otter the Plan cling Commission's decision or apsnal decision, which L._ ever lc - k joPrelsidee That en 'en> Droved special permit shell be commenced within six (6) months of the effective date, or it shall expire 11 Requires all tempo- rary uses and temporary Improvements authorized under a special permit to be removed within thirty (30) days of the expiration of special permit for such temporary use and structures 12 Provides that the Planning Commission may grant one (1) extension of for a special permit, but not exceeding an additional six (6) months, and excepts temporary uses and struc- tures from this extension 13 Provides that a spe- cial permit may be revoked by the Planning Commission if, after due notice and con- duct of a public hearing, the use is found to have become a detriment to sur- rounding properties 14 Provides that any de- cision of the Planning Com- mission regarding revocation of a special per- mit may be appealed to the City Council in the same manner as outlined above Section 5 declares the ef fective date of Ordinance No 2362 The effective date will be five days after pub- lication of the summary contained hereinabove Ill A copy of the full text of Ordinance No 2362 will be furnished by the City at no cost to any person who requests, in writing, a copy of the ordinance Written request must be filed in person or by mall, with the City Clerk of the City of Pasco, 412 West Clark Street, Pasco, Washington 99301 t (telephone (509) 545- 3402) Legal Na 13101 — June 17, 1982 AFFIDAVIT OF PUBLICATION COUNTY OF Benton-Franklin) )ss STATE OF WASHINGTON Rachelle M. Hummel , being first duly sworn on oath deposes and says she is the Principal Clerk of the Tr-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily news- - paper in Benton - Franklin Washington, and is now and during all of said at the aforesaid place of publication of said copy of a Legal Advertisement Ordinance #2362 County, time was printed in an office maintained newspaper That the annexed is a true as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, for a period of one consecutive weeks, commencing on the I 7th day of June ,1982 , and ending on the I 7th day of June ,1982 , and that said newspaper was regularly distributed to its subscribers during all of this period - That the full amount of $ 92.40 14 in. 0 $6.60 = $92.40 has been paid in full, also at the rate of Subscribed and sworn to before me this 22nd day of June , 19 82 Notary Public in and for the State of Washington residing at Pasco FINANCE DEPARTMENT (509) 545-3401 Scan 726-3401 CITY of ,1,1W4.'4 01,V P 0 BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301 June 8, 1982 Tri City Herald P.0 Box 2608 Pasco, Washington 99302 Attn Sue Batemen Dear Sue Please publish the attached Ordinances one time only on the following date June 11, 1982 Please send two (2) Affidavits of Publication for each Sincerely yours, Evelyn Wells City Clerk ew F' 0 BOX 293 412 'a F ST (1 ARK l'AS( 0, 'A ASHIN(.1 ON 99301 June 15, 1982 FIN t*St F l'AR IMP NI ev4P9 ,IS-TWI Sran 726-114)1 CITY of Tri City Herald P 0 Box 2608 Pasco, Washington 99302 Gentlemen Please publish the attached summaries on the following date June 17, 1982 Please send two (2) Affidavits of Publication for each Sincerely yours, Evelyn Wells City Clerk ew