The URL can be used to link to this page

Home My WebLink About2635 OrdinanceORDINANCE NO. 2635 AN ORDINANCE relating to zoning, amending Title 22 of the Pasco Municipal code, by transferring final authority for decisions on special permit applications from the Planning Commission to City Council. WHEREAS, the Planning Commission of the City of Pasco was established as an advisory body to the City Council but possesses decision-making authority with respect to certain land use applications processed under special permit review; and, WHEREAS, the City Council has determined that a code amendment is warranted, transferring all final authority for special permit decisions to the City Council, thereby unifying the special permit review process under the legislative body of the City of Pasco; and WHEREAS, the City Council conducted a public meeting on Monday, November 24, 1986 and a public hearing on December 1, 1986 for the purpose of considering the necessary ordinance which transfers said authority, and finds the same to be appropriate; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. That PMC Section 22.56.020 hereby is amended to read as follows: 22.56.020 PROHIBITED USES. All uses of land, buildings, and structures or industrial processes that are noxious or injurious by reason of production, or emission of dust, smoke, or refuse matter, odor, gas fumes, noise, vibration, or substances or conditions provided, however, that any such uses may be permitted if--appreved--by--the--beard--ef-adl.ustment-and subieet---te--seeuring--a--permit--thereef--te--sueh--eendtiens7 restrietiens7--amd--safeguards-as-may-be-deemed-neeessary-by-sueh beard-fer-the-purpese--ef--preteeting-the-health7-safety7-merais7 and--general--weifare--ef--the--eemmunty. -fPt4er---eede--See7 11-48.798}. by special permit, in accordance with Chapter 22.80. Section 2. That PMC Section 22.60.020 hereby is amended to read as follows: 22.60.020 PROHIBITED USES. No building permit shall be issued for any of the following uses until and unless the location ef-sueh-ease shall have been authorized by the-beard-of adj.ustment: special permit, in accordance with Chapter 22.80: (1) Slaughterhouses and stockyards; (2) Acid manufacture or wholesale storage of acids; (3) Cement, lime, gypsum, or plaster of paris (4) Distillation of bones; (5) Manufacture of explosives or storage of explosives, including gases; (6) Fat rendering, fertilizer, gas or glue manufacture; (7) Garbage, offal, or dead animal reduction or dumping; (8) Petroleum or petroleum products refining; (9) Smelting or reduction of ore or metalurgical products; (10) Race tracks or courses for the conduct of seasonal or periodic racing; (11) Asphalt or concrete batch plant. (Prior code Sec. 11-44-08). Section 3. That PMC Subsection 22.68.020(f)(3) hereby is amended to read as follows: 22.68.020(f)(3) No rock crusher, cement plant, or other crushing, grinding, polishing or cutting machinery, or other physical or chemical process for treating the product of such quarry shall be permitted except by permissien-ef-the--Beard--ef Adj.ustmentt special permit, in accordance with Chapter 22.80. Section 4. That Section 22.80.030 hereby is amended to read as follows: 22.80.030 TEMPORARY USES. A temporary special permit for any use not otherwise permitted within the applicable district, may be approved by the Plamming-eemmissiem City Council, 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, including such conditions as will safeguard the public health, safety and general welfare for the duration of the permit. (Ord. 2362 Sec.4 (part), 1982). Section 5. That Section 22.80.050 is hereby amended to read as follows: 22.80.050 PUBLIC HEARING REQUIRED. Upon the filing of a complete application for special permit, the application shall be scheduled for a public hearing before the City Planning Commission. Notice of such hearing shall be given as provided for in Section 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 applicant does not consent to a continuance, the Planning Commission shall close the public hearing and render a dee±sen recommendation to City Council in accordance with the provisions of Sections 22.80.060 and 22.80.070. (Ord. 2362 Sec. 4 (part), 1982). Section 6. That Section 22.80.070 hereby is amended to read as follows: 22.80.070 BEeESIeN RECOMMENDATION OF PLANNING COMMISSION. After a public hearing on a proposed temporary, conditional or unclassified use, the Planning Commission shall render a deeisien recommendation to City Council as to whether the proposal be denied, approved, or approved with modifications and/or conditions. (Ord. 2362 Sec. 4 (part), 1982). Section 7. That Section 22.80.080 hereby is amended to read as follows: 22.80.080 APPEAL - FILING REQUIREMENTS. (a) Any dees4en recommendation of the Planning Commission regarding a special permit application may be appealed in accordance with one of the following methods: (1) Applicant. Within ten calendar days from the date of the Planning commission deeisiem recommendation, the applicant files written appeal with the City Planner stating the basis of appeal from said deeisien recommendation; (2) Other Person. Within ten calendar days from the date of the Planning Commission deeisien recommendation, 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 deeisen recommendation. (b) Either method of appeal shall include payment of an appeal fee in the amount of twenty-five dollars at the time of filing said appeal. (Ord. 2362 Sec. 4 (part), 1982). (3) 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's recommendation. Section 8. That PMC Section 22.80.090 hereby is amended to read as follows: 22.80.090 CITY COUNCIL REVIEW CONSIDERATION ill} A--preper-and-timeiy-filed-appeal-shaii-eause-the-ety-eeumei-te sehedule--a--publie—hearing7--netiee--ef-whieh-shali-be-gven-±n deeerdamee-with-Seetiem-2B788.03i57-te-eensder--the-appeal-ef-the Plamming-eemmissien-deeisien. -05}--The-eity-eelameil-shall-review-the-effieial—reeerd-ef the-speeial-permit-applieatien7-ineluding-the-wt4ttem-appeai7-and shali—eemsider--testimemy--pertiment—te—the--effieai—reeerd. Ev±demee-reeeived—by—the--eity-eettneii-but-net-refieeted-in-the effieiai—reeerd--shall--be—suff±eient---greund--te—return--the appleatien--te—the-Plamming-eemmissien-fer—reeensideratlen—im light-ef-the-new-evidemeer -fe}--Upen-eenelusien--ef--the--hearmg7---the-eity-eeume4I shaii-make-and-enter-findings-ef-faet-and-eamelusiems--thereef-im suppert--ef—their—deeisien7--The-eeumeil-may-affirm7-medfy--er reverse7-im-whele-er--in--part7--the--deeisien--eE--the--Plann±ng eammissien7--er--may-remand-the-matter-te-the-Piamming-eemmssen fer-reeensideratien7—ferdr-B96a-See7-4-{part}7-198R}7 (A) Unless a proper and timely appeal is filed or the City Council by majority vote deems further review is necessary, the recommendation of the Planning Commission shall be effected by proper action of the City Council without further hearing. In the event the Council deems further review is necessary, it shall conduct a public hearing, notice of which shall be given in accordance with Section 22.88.015. (B) In those cases which require further hearing, the City Council shall at the conclusion of such hearing make and enter findings of fact and take one of the following actions: (1) Approve the special permit with or without conditions; (2) Remand for further hearing before the Planning Commission; (3) Deny the special permit. Section 9. That Section 22.80.100 hereby is amended to read as follows: 22.80.100 EFFECTIVE DATE. Special permits shall become effective ten on the eaiemdar day after the date of Planning eemm+ssiem City Council decision. er---dee±s+em---frem appea17-whie1'tever-±s-3ater. (Ord. 2362 Sec 4. (part), 1982). Section 10. That Section 22.80.120 hereby is amended to read as follows: 22.80.120 EXTENSIONS. The Piammimg---eemmiss+em City Council may grant a one-time extension to expired special permits, provided the extension does not exceed six months and an application for extension is submitted to the City Planner no later than thirty days after the expiration date of the special permit. This provision does not apply to temporary special permits. (Ord. 2362 Sec. 4 (part), 1982). Section 11. REVOCATION OF PERMIT. Any special permit may be revoked by the Plamming-eemmiss+en City Council 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 authorized has changed in size, scope, nature or intensity so as to become a detriment to the surrounding area. The decision of the Plamm+mg-eemmissiem--may--be--appealed-te-the City Council is final. as-previded-im-Seet±ems-BB7887888--amd R2788703987—ferd7-B962-See7-4—fpart}T-1982}. Section 12. That PMC Section 22.84.020 hereby is amended to read as follows: Evelyn Wells, City Clerk OVED AS TO FORM: 22.84.020 PARKING LOTS. All parking area provided pursuant to this chapter shall be on the same lot with the building, except that the Beerd-ef-Adiustment City Council may permit authorize, by special permit, the parking spaces to be on a lot within five hundred feet of the building, if it determines that it is impracticable to provide parking on the same lot with the building. (Prior code Sec. 11-68.04(B). Section 13. That PMC Section 22.84.040 hereby is amended to read as follows: 22.84.040 UNSPECIFIED USES. In the case of a use not specifically mentioned in this chapter, the requirements for off-street parking facilities shall be the same as the above mentioned use, which in the opinion of the Beerel-ef-Adj.ustmemt City Council shall be deemed most analogous. (Prior code Sec. 11-68-04(D)) Section 14. This Ordinance shall take effect five (5) days after its passage and publication as required by law. PASSED by the;:, Council of the City of Pasco this day of , 1986. Mayor Greg libstello, City Attorney 0' : W , 6 4 I9. n•••••n A " 1 SUMMARY OF CITY OF PASCO ORDINANCE NO. 2635 AN ORDINANCE relating to zoning, amending Title 22 of the Pasco Municipal Code, by shifting authority for special permit decisions from the Planning Commission to City Council. Sections 1 through 13 amend various zoning ordinance sections in order to comprehensively transfer the final decision on special permit review to the City Council of the City of Pasco. Section 14 states the ordinance shall take effect five (5) days after its passage and publication. The ordinance was passed on December 1, 1986. The full text of this ordinance will be mailed upon request made to the Pasco City Clerk. Dated this day o 1986. ls, City Clerk Eve SUMMARY OF CITY OF PASCO ORDINANCE NO 2835 AN ORDINANCE relating to zonihg, amending Title 22 of the Pasco Municipal Code, by shifting authority for special permit decisions from the Planning Commis- sion, to City Council Sections 1 through 19 amend various zoning ordi- nance sections in order to comprehensively transfer the final decision on special permit review to the City Council of the City of Pasco - Section 14 states the or- dinance shall take effect five (5) days after its pas- sage and publication The ordinance was passed on December 1, 1988 The full text of this ordi- nance will be mailed upon request made to the Pasco City Clerk Dated this let day of De- cember, 1988 , -s-Evelyn Wells City Clerk LEGAL NO 001997 December 5, 1988 ( Zri-Titg 'Herald DATE 120586 LEGAL NO 001937 P 0 BOX 2608 PASCO, WASHINGTON (509) 582-1500 99302-2608 ACCOUNT NO 50.550 DESCRIPTION CIRDINANCE # 2635 LEGAL ADVERTISING INVOICE TIMES 001 LINES .34 SOLD TO City of Pasco PO Bo x: 293 Pasco wa. 99301 TOTALS 23. 80 NOTICE This Is an invoice for legal advertising space Please pay from this invoice as no statement will be rendered Please detach at perforation and return with payment AFFIDAVIT OF PUBLICATION COUNTY OF BENTON SS STATE OF WASHINGTON MARY JO HENRY , being duly sworn, deposes and says, I am the Legal 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 countinually as a daily newspa- per in Benton County,_Washin.9ton That the attached is a true copy of a ORDINANLE # 4.635 as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, 001 time(s), commencing on 120586 , and ending on 120586 , and that said newspaper was regulary distributed to its subscribers during all of this period SUBSCRIBED AND SWORN BEFORE ME THIS DAY OF ke_tai_911.2_ /n6 .1777 „.1. Notary public in and for the State of Wash- ington, residing at Kennewick COMMISSION EXPIRES E@ECIWg'il DEC t 1996 - FINANCE- CITY of CITY ATTORNEY 15091 545-3406 Sean 726-3406 1 —5— 1 P. 0 BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301 December 2, 1986 ' Tri City Herald P.O. Box 2608 Pasco, Washington 99302 Attn: Rochelle 1 Dear Rochelle: Please publish Ordinance Nos. 2632 through 2635 on the following date: December 5, 1986 Please send two (2) Affidavits of Publication for each. Sin erel yours, Ev yri-Wells City Clerk ew