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Home My WebLink About2684 OrdinanceORDINANCE NO. 2684 AN ORDINANCE related to zoning, amending PMC Title 21, by enacting new definitions in Chapter 22.12, and amending entirely Chapter 22.44, the C-2 district regulations. WHEREAS, the chronic physical deterioration of downtown Pasco is evidenced by business closures, vacant buildings, vandalism, property disinvestment and declining property values, all of which contribute to visual slum, blight and decay; and WHEREAS, chronic downtown social problems of loitering, drunkeness, panhandling, solicitation, verbal abusiveness, lewdness, and other behavioral acts are predominantly associated with the presence of transients, street persons and other homeless persons, prostitutes, habitual criminals, and others who are attracted to certain types of service providers or places which perpetuate their lifestyle, fill emotional or physical needs, or otherwise support and increase their presence in the downtown; and WHEREAS, the City Council has adopted public policy, through the Community Development Policy Plan and the 3-R Area Action Plan, which recognizes the aforementioned problems and supports comprehensive revitalization of the downtown area, of which revision of zoning regulations is but one implementation technique; and WHEREAS, the Planning Commission did undertake an analysis of the existing C-2 regulations by conducting two workshop sessions, with participation by citizens, the Pasco Chamber of Commerce and Pasco Downtown Development Association, and conducted a public hearing on March 17, 1988, at the conclusion of which a recommendation for certain revisions was made to City Council; and WHEREAS, the City Council has reviewed the recommendation of the Planning Commission and finds, with further amendment, the proposal to be appropriate to further the policy of intended downtown revitalization, and complements the previous expenditure of public funds for infrastructure and new construction improvements in the downtown area; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS: Section 1. That a new Section 22.12.062 hereby is enacted to read as follows: 22.12.062 AMUSEMENT GAME DEVICE. "Amusement game device" means a machine or other device, whether mechanical, electrical, or electronic, to be operated by the public for the purpose of entertainment, amusement or as a game, the object of which is to n score high or low by comparison to the score of other players, playing concurrently or not, or to demonstrate skill or competence against an opponent, whether the opponent is the device or another person. It shall include such devices as pool tables, billiard tables, pinball machines, and devices which use a video tube to reproduce symbolic figures and lines intended to be representative of real games or activities. This definition shall not apply to vending machines for products unrelated to gaming, a device which does not require active participation by the player in the game, coin-operated machines which only provide music, or gambling devices regulated by State law. Section 2. That a new Section 22.12.063 hereby is enacted to read as follows: 22.12.063 AMUSEMENT GAME CENTER. "Amusement game center" means any building or portion thereof which contains more than two amusement game devices upon the premises. Section 3. That a new Section 22.12.105 hereby is enacted to read as follows: 22.12.105 BILLIARD AND POOL HALLS. "Billiard or pool halls" means an establishment wherein the principal use or activity is billiards, pool, or snooker, regardless of the number of billiard, pool or snooker tables. Section 4. That a new Section 22.12.605 hereby is enacted to read as follows: 22.12.605 OUTDOOR STORAGE. "Outdoor storage" means any materials, equipment, merchandise, objects, artifacts or other substance kept or placed on the lot, but not within an enclosed structure, for preservation or later use or disposal. Section 5. That a new Section 22.12.615 hereby is enacted to read as follows: 22.12.615 PAWN SHOP. "Pawn shop" means an establishment wherein a person, firm or corporation is engaged, in whole or in part, in the business of loaning money on the security of pledges, deposits, or conditional sales of personal property. Section 6. That a new Section 22.12.787 hereby is enacted to read as follows: 22.12.787 TAVERN. "Tavern" means an establishment licensed by Washington State to dispense beer, wine or other alcoholic beverage for consumption on the premises, the provision of which is not in any way dependent upon food sales to retain said license. Such places may also provide packaged alcoholic products for off-site consumption. -2- Section 7. That Chapter 22.44 hereby is amended in its entirety to read as follows: CHAPTER 22.44 C-2 CENTRAL BUSINESS DISTRICT ZONE Sections: 22.44.010 22.44.020 22.44.030 22.44.040 22.44.050 22.44.060 22.44.070 22.44.080 Purpose. Permitted uses. Permitted accessory uses. Conditional uses. Prohibited uses. Building Heights Lot area. Yard requirements. 22.44.010 PURPOSE. The C-2 Central Business District is established to promote the centralization of business and reinforce a positive public image and confidence in commercial revitalization, within a compact commercial area having primarily common-wall building construction. Such construction offers the unique opportunity within Pasco to cluster together types of retail business and retail services which functionally interact well together, and will economically fare better, as a result of close proximity by cumulatively attracting more persons than as individual destination points. It is intended that the commercial clustering concept be fostered by emphasizing pedestrian access and circulation within the district, in a manner which is healthy, safe, uninhibited and convenient for employees and visitors of all ages. Public and private off-street parking shall be located to encourage the transition from automobile to pedestrian movement. On-street parking should be shared by vicinal business and be oriented to short duration convenience parking for customers in the vicinity. In order to preserve the public health, safety and welfare in central business district redevelopment, protect public and private investment in property and infrastructure improvements and stabilize declining property values, certain uses of the land may be restricted or prohibited. -3- 22.44.020 PERMITTED USES. The following uses shall be permitted in the C-2 District: 1. Artist and office supplies 2. Bakeries 3. Banks and financial institutions 4. Barber and beauty shops 5. Bookstores, except adult bookstores 6. Clothing, shoes and accessories, and costume rentals 7. Crafts, stationary and gift shops 8. Department stores 9. Fresh and frozen meats, including seafood 10. Florists 11. Furniture and home appliance stores 12. Galleries for art and restored or refinished antiques 13. Hardware and home improvement stores 14. Import shops 15. Jewelry and gem shops, including custom work 16. Offices for medical and professional services 17. Restaurants, sandwich shops, cafeterias and delicatessens 18. Sporting goods 19. Tailoring and seamstress shops 20. Theaters for movies and performances, except adult theaters 21. Public markets for fresh produce and craftwork 22. Parking lots, provided such lots are paved and the development complies with the landscape and fencing requirements of the C-1 district, as enumerated in Subsection 44.42.010(14) 22.44.030 PERMITTED ACCESSORY USES. The following accessory uses and buildings, as respectively defined in Sections 12.12.020 and 122.12.130, shall be permitted in the C-2 district: 1. Parking lots 2. Alcoholic beverage sales provided it is for on-site consumption and located within a restaurant 3. Other uses clearly incidental or secondary to a principal use. 22.44.040 CONDITIONAL USES. The following uses are permitted subject to the approval of a special permit: (1) Dwelling units, provided the units are within the principal building, are all above ground floor of said building, and the ground floor of said building is designed or intended to be used for a use permitted in Section 22.42.010; (Ord. 2280 Sec. 3, 1981). -4- (2) Container Storage, as defined in Section 22.12.750, authorized in accordance with Section 22.80.030. 22.44.050 PROHIBITED USES. Evidence received by the Planning Commission and contained in previous studies and Pasco Police crime reports demonstrates that certain uses make the central business district less desirable or attractive to the public due to a demonstrated history of contribution to general public disorder, loitering, nuisance and other acts detrimental to the public image of the area. Certain other uses provide entirely, or predominately, automobile services and,thereby, do not foster the clustering concept intended to attract pedestrian visitors. Other uses may, by their inherent nature, require a disproportionate amount of the limited vicinal on-street parking, for an extended time, which is intended to be available and shared by all business for the short duration convenience of customers. The following listed businesses, for the reasons above, inhibit new business growth, contribute to business loss and decline of property values, inhibit convenient access to vicinal business, do not foster the clustering concept intended to orient the business environment to pedestrians,or perpetuate a public image which is undesirable or unattractive and detrimental to public and private investment in revitalization efforts and, therefore, are prohibited within the C-2 district: 1. Gasoline and service stations, automobile services or repair, except tire stores 2. Outdoor storage of goods or materials 3. Membership clubs 4. Taverns 5. Billiard and pool halls 6. Amusement game centers 7. Pawn shops 8. Card rooms, bingo parlors, dance halls and similar places 9. Adult theaters, adult bookstores, tattoo parlors,bath- houses and massage parlors 10. Community service facilities Similar or like uses although not specifically listed are also prohibited. 22.44.060 BUILDING HEIGHTS: Buildings may be four stories or forty-five feet in height, except building heights greater than four stories or forty-five feet may be allowed by special permit. Exceptions to height regulations: (1) Chimneys, water tanks, penthouses, towers, monuments, cupolas, domes, false mansards, and similar structures and -5- APPRO Greg TO stello, City At orney Ed Hend er, Mayor yn We ls, City Clerk necessary mechanical appurtenances may be erected to any height in accordance with existing or hereafter adopted ordinances of the city, except such features shall not exceed the cross sectional area of twenty percent of the ground floor area of the building; (2) The above exceptions shall not apply to structures within designated airport hazard zones. (Prior code Sec. 11-28.12). 22.44.070 LOT AREA. The lot area provisions in the C-2 zone are the same as for the C-1 zone. (Prior code Sec. 11-28.16). 22.44.080 YARD REQUIREMENTS. Yard requirements in the C-2 zone shall be: (1) Front Yard. No requirements; (2) Side Yard. No requirements; (3) Rear Yard. No requirements; (4) Off-Street Parking. No requirements; (5) Residential Yard. A building erected for residential use shall have a front, side, and rear yard as specified for such a yard in the R-3 district; (6) Transition. Where a lot in a C-2 district abuts upon a lot in a residential district, the standards as set forth in Chapter 22.76 shall prevail. (Prior code Sec. 11-28.20). Section 8. This ordinance shall be in effect after its passage and publication as required by law. PASSED by the City Council this /1/ day o 1988. -6- Eve yn We is, City Clerk CITY OF PASCO 2684 SUMMARY OF ORDINANCE NO. ORDINANCE NO. 2684 is an ordinance relating to zoning by enacting certain new definitions and amending, entirely, the regulations that apply in the C-2 (Central Business District) zone. Sections 1-6. Enacts new definitions for "Amusement game device," "Amusement game center," "Billiard and pool halls," "Outdoor storage," "Pawn shops," and "Tavern." Section 7. Amends the regulations in the C-2 (Central Business District) zone by: a. Establishing a purpose statement; b. Revising the list of permitted uses; c. Revising the list of accessory uses; d. Establishing reasons for prohibiting certain types of uses and identifies a minimum list of uses prohibited in the C-2 zone. Section 8. Requires the ordinance, or this summary herein, to be published before it is in effect. The full text of Ordinance No.2684 is available free of charge to anyone who requests it from the City Clerk of the City of Pasco, (509) 545-3402, P. 0. Box 293, Pasco, Washington 99301. 401 LEGAL8 CITY OF PASCO SUMMARY OF ORDINANCE NO 2684 , ORDINANCE NO 2684 Is an ordinance relating to zoning by enacting certain new definitions and amend- ing, entirely, the regula- tions that apply In the C-2 (Central ,Business District) zone Sections 1-6 Enacts new definin,tions for "Amusement game de- vice," t Amusement game center," "Billiard and paid halls," "Outdoor storage." 'Pawn shops," and "Tav- ern ' Section 7. Amends the regulations in the C-2 (Cen- tral Business District) zone by a Establishing a purpose statement, b Revising the list of per- mitted uses, c Revising the list of acces- sory LIS08, r d Establishing reasons for prohibiting certain types of uses and Identifies a mini- mum list of uses prohibited, In the C-2 zone Section 8 Requires the ordinance, or this summary herein, to be (Published be- fore it is in effect The full text of Ordinance No 2684 Is available free of charge to anyone who re- quests it from the City Clerk of the City of Pasco, (509) 5454402, P 0 Box 293, Pasco Washington 99301 -s- Evelyn Wells City Clerk LEGAL NO 008482 - April 21, 1988 'Herald DATE 04: 1 ....L. LEGAL NO 00 ,_ 4 _ ACCOUNT NO -ic)r".ciri DESCRIPTION •-.1 rrimA r eirir di riAri N 4 TIMES 00 1 LINES 40 P 0 BOX 2608 PASCO, WASHINGTON 99302-2608 (509) 582-1500 LEGAL ADVERTISING INVOICE 'OLD TO oF F'a.sco F.. 0. B 0 F'a s c o WA TOTAL $ .34.94 NOTICE This Is an invoice for legal advertising apace Pleas* pay from this invoice as no statement will be rendered Please detach at perforation and return with payment AFFIDAVIT OF PUBLICATION COUNTY OF BENTON es STATE OF WASHINGTON TRACY LAWSON , 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, Washington That the attached is a true copy of aSurranar dOr d ',Dan No 2604 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 042109 , and ending on (142103 , and that said newspaper was regulary distributed to its subscribers during all of this period SUBSCRIBED AND SWORN BEFORE ME THIS 211 DAY OF *if , /./t Notary public in anc[__VE. F19 State of Wash- ington, residing at ' - COMMISSION EXPIRES 7---/5-&• April 19, 1988 Tri City Herald P.O. Box 2608 Pasco, Washington 99302 Gentlemen: Please publish Ordinance No. 2683 and Summary of Publication for Ordinance No. 2684 on the following date: April 22, 1988 Please send two (2) Affidavits of Publication for each. Sincerely yours, Evelyn Wells City Clerk ew 4, n