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HomeMy WebLinkAbout4356 Ordinance ORDINANCE NO. 4+3 S t AN ORDINANCE of the City of Pasco, Washington, Amending Chapter 25.44 "Central Business District" of the Pasco Municipal Code WHEREAS, Section 25.44.010 of the Pasco Municipal Code reflects the purpose of the Central Business District Zone; and WHEREAS, Sections 25.44.020 and 25.44.030 reflect the permitted uses and accessory uses within the District;and WHEREAS, Section 25.44 reflects the prohibited uses within the District;and WHEREAS, Administration of the regulations within these Sections of the Pasco Municipal Code have suggested needed adjustments and clarity to the variety of such permitted, accessory and prohibited uses;and WHEREAS, The proposed revisions have been considered by the Downtown Pasco Development Authority;and WHEREAS, The proposed revisions have been considered by the Pasco Planning Commission at a public hearing and the Commission has recommended City Council approve the revisions; and WHEREAS, The revisions reflect the best interests of the public for safety, welfare and betterment of the economic environment in Downtown Pasco; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That Section 25.44.010 of the Pasco Municipal Code, shall be and hereby is amended and shall read as follows: 25.44.010 PURPOSE. The C-2 Central Business District is established to promote the centralization of business and reinforce a positive public image and confidence in the Downtown core -:•• ••- - ' . ' . • •, within a compact commercial area having primarily common-wall building construction. Such construction offers the unique opportunity within the Pasco Urban Area 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 pedestrian movement. On-street parking should be •.. '-•••- .. ante-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 rem, protect public and private investment in property and infrastructure improvements and improve stabilize dcclining property values,certain uses of the land may be restricted or prohibited. Section 2. That Section 25.44.020 of the Pasco Municipal Code, shall be and hereby is amended and shall read as follows: 25.44.020 PERMITTED USES. The following uses shall be permitted in the C-2 district: (1) Antique stores as defined by 25.12.070 and 25.12.075 (2) Artist and office supplies; (3) Bakeries; (4) Banks and financial institutions; (5) Barber and beauty shops; (6) Bookstores,except adult bookstores; (7) Clothing,shoes and accessories, and costume rentals(new/unused materials only); (8) Consignment Stores(25.70.131)and Thrift Shops(25.70.132); (9) Crafts, stationary and gift shops; (10) Department and drug stores; (11) Electronic sales and repair stores with at least 50% of the stock and floor space devoted to the sale of new equipment: (12) Fresh and frozen meats,including seafood; (13) Florists; (14) Furniture and home appliance stores; (15) Galleries for art and restored or refinished antiques; (16) Grocery stores with less than 10,500 square feet of gross floor area; (17) Hardware and home improvement stores; (18) Import shops; (19) Jewelry and gem shops,including custom work; (20) Offices for medical and professional services; (21) Restaurants,sandwich shops,cafeterias and delicatessens; (22) Sporting goods; (23) Tailoring and seamstress shops; (24) Theaters for movies and performances,except adult theaters; (25) Public markets for fresh produce and craft work; (26) Parking lots; (27) Micro-breweries,and micro-wineries and associated tasting rooms; (28) Research, development and assembly facilities for component devices and equipment of an electrical,electronic or electromagnetic nature;and (29) Home brewing and/or wine making equipment sales. (30) Dwelling units, provided the units are within the principle building, are all above the ground floor of said building, the ground floor of said building is designed or intended to be used for a use permitted in Section 25.44.020 and there is at least one dedicated and off-street parking space for each unit. Section 3. That Section 25.44.030 of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.44.030 PERMITTED ACCESSORY USES. The following accessory uses and buildings, as respectively defined in Sections 25.12.020 and 25.12.115,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; (4) Beer/wine/alcohol beverage sales for on-site and off-site consumption provided the product is produced in Franklin, Walla Walla, Yakima and/or Benton County or on-site in a micro- brewery/winery/distillery and/or micro winery; (5) Sales of micro-brewery products and non-fortified wines for off-site consumption provided such sales are in conjunction with an establishment selling predominately, based upon floor area,home brewing and/or wine making equipment as permitted in Section 25.44.020. (6) Storage buildings; excluding container storage, as defined in Section 25.12.430 are permitted. Section 4. That Section 25.44.040 of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.44.040 CONDITIONAL USES. The following uses are permitted subject to the approval of a special permit: (1) Dwelling units, provided the units are within the principle building, arc all above the a use permitted in Section 25.11.020. (1) Unclassified uses per Section 25.86.020. Section 5. That Section 25.44.030 of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.44.050 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 businesses, 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,nightclubs and similar places; (9) Adult theaters,adult bookstores,tattoo parlors,bathhouses and massage parlors; (10) Community service facilities level two; (11) Secondhand dealers. Similar or like uses although not specifically listed are also prohibited;and (12) Commissaries for the preparation of food to be served elsewhere; and (123) Adult Business Facilities. Section 6. This ordinance shall be in full force and effect five days after passage and publication as required by law. ��``ff / PASSED by the City Council of the City of Pasco, at its regular meeting of OC €I /Y , 2017. Matt Watkins,Mayor ATTEST: APPROVED AS TO FORM: if 4_ _ Daniela Erickson, City Clerk Leland B. Kerr,City Attorney