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HomeMy WebLinkAbout4575 Ordinance - Amending PMC Title 25 Zoning - Increasing Residential Building Capacity - E2SHB 1923 ORDINANCE NO.4575 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON AMENDING CERTAIN SECTIONS IN CHAPTERS 25.15, 25.30, 25.35, 25.40, 25.45, 25.60, 25.65 25.70; CREATING A NEW CHAPTER 25.161 ENTITLED "ACCESSORY DWELLING UNITS"; REPEALING SECTION 25.165.040 ENTITLED "ACCESSORY DWELLING UNITS"; AND AMENDING CHAPTER 25.215 ENTITLED "COMPREHENSIVE PLAN" ALL WITHIN TITLE 25 "ZONING" OF THE PASCO MUNICIPAL CODE, TO INCREASE RESIDENTIAL BUILDING CAPACITY PER WASHINGTON STATE ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1923 [CHAPTER 348, LAWS OF 2019]. WHEREAS, cities planning under the Washington State Growth Management Act are required to plan for the availability of affordable and accessible housing to all economic segments in addition to promoting a variety of residential densities and housing types for the community per RCW 36.70A.020(4); and WHEREAS, projections from the Washington State Office of Financial Management indicate Pasco's population will increase to 121,828 by the year 2038; and WHEREAS,the 2018-2038 Comprehensive Plan anticipates an additional 15,200 housing units will be necessary to accommodate the projected residential growth demands: and WHEREAS,counties and cities planning under the Growth Management Act are required to plan for the availability of affordable housing to all economic segments of their communities, encourage the availability of affordable housing and promote a variety of residential densities and housing types per RCW 36.70A.020(4); and WHEREAS, Policy LU-4-B of the 2018-2038 Pasco Comprehensive Plan encourages infill and higher residential densities within proximity to travel corridors and public transportation service areas; and WHEREAS, Policy LU-S-A of the 2018-2038 Pasco Comprehensive Plan states that the allowance of a variety of residential densities within the Urban Growth Area is important in maintaining a broad range of residential housing opportunities; and WHEREAS, Policy H-3-A of the 2018-2038 Pasco Comprehensive Plan supports the increase of the housing supply through appropriate and flexible development standards; and WHEREAS, Priority Need #1 of the 2020-2024 Tri-Cities Consolidated Home Plan identifies the need for affordable housing choices; and Ordinance—Amending PMC—25"Zoning"- 1 WHEREAS, Engrossed Second Substitute House Bill 1923 was enacted by the Washington State Legislature in July 2019 relating to increasing urban residential building capacity, adopted as Chapter 348, Laws of 2019; and WHEREAS, as directed through House Bill 1923, the Washington State Department of Commerce developed a grant program awarding the jurisdictions that chose to adopt at least two of the thirteen actions available in House Bill 1923 to address residential building capacities; and WHEREAS,on October 7,2019,the Pasco City Council authorized City staff to apply for grant funding application to pursue three actions of House Bi111923 to increase residential building capacity in Pasco; and WHEREAS, the City was notified on November 5, 2019, of awarded grant funds for the 2019-2021 Biennium to assist with increasing residential building capacities by adopting three proposed actions; and WHEREAS,the City pursued an option to allow at least one duplex, triplex, or courtyard apartment on each parcel in one or more zoning districts that permit single-family residences unless a city documents a specific infrastructure or physical constraint that would make this requirement unfeasible for a particular parcel; and WHEREAS, the City pursued an option to permit accessory dwelling units on all residential parcels that meet size requirements; and WHEREAS, residential lands comprise 43% of all land uses in the City and over 84% of all residentially zoned land is reserved for low-density residential; and WHEREAS, staff has confirmed that multi-family dwellings, such as duplexes and triplexes are prohibited in over 84%of all residentially zoned lands; and WHEREAS, the City will not meet its growth target of accommodating additional population and residences with the existing restrictions on home choices. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASC�, WASHINGTON,DO ORDAIN AS FOLLOWS: Section 1. That Section 25.15.020 entitled "Interpretation and construction" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.15.020 Interpretation and construction. (1) For the purpose of this title, certain terms or words herein shall be interpreted or defined as set forth in this section and PMC ?5.15.03( through 2_5.15.28 . Except where specifically defined in this chapter all words in this title shall carry the customary meanings. (a} Words used in the present tense shall include the future. Ordinance—Amending PMC—25"Zoning"-2 (b) Words in the singular number include the plural number, and words in the plural number include the singular,unless the context clearly indicates otherwise. (c) "Person" includes a corporation, a member or members of a partnership or other business organization, a committee, association, board, trustee, receiver, agent, or other representative and all other legal entities. (d) "Shall" is mandatory and not directory. (e) "May"is permissive. (fl "Use," "used,"or"occupied" as applied to any land or building shall be construed to include the words "intended," "arranged,"or"designed"to be used or occupied. (g) "City"means City of Pasco. (h) "County"means Franklin County. (i) Unless otherwise specified, all distances shall be measured horizontally. (j) Words not defined herein,but defined within the International Building Code, shall have the same meaning as defined within the International Building Code. (k) Chapter and section headings contained in this title shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of this title. {1a Anv �andefned i:ei-��ns shall be �iti�en tl7eir ordin�r�� n7canin�, or t.}�e �neaniiz�; as defined in the 2018 International Pro ert Maintenance Code or as defined in other a�,licable coc�es,.cl�ch ae tlie staTe acl�pteci huildin�� code. (2) For the purposes of this title, certain terms or words shall be interpreted and defined as in the following sections of this chapter. [Ord. 3354 § 2, 1999; Code 1970 § 25.12.010.] Section 2. That Section 25.15.030 entitled "A definitions" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows. 25.15.030 A defmitions. "Accessory dwelling unit" means ;a � �.�.�.:,. ..o 0 o��n �,.�;.,;,,,. ��oor;�,� _ �>>;,.,. .,�a , � " ������a���an additional dwellin � uni� on a lot with a rimar one-famil dwellin unit. An accesso dwellin 7 unit is an inde aendent livin 7 unit desi�ned for lon -term residential occu anc � one or more people independent of the primary dwellin� unit, with independent facilities for sleepin�, cookin�, and sanitation. An accessory dwelling unit mav be attached or internal to the Ordinance—Amending PMC—25"Zoning"-3 �rimary dwellinr�unit, ar it mav be detached from the primarv dwellin�unit. For the puiposes of this title_ internal accessorv dwellin�� units are considered attached accessorv dwelling units. "Accessory use" means a use subordinate to the principal use and located on the same lot with such principal use. "Adult entertainment"means: (a) Any exhibition,performance or dance conducted in an adult entertainment facility where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on matters depicting,describing or simulating any specified sexual activities or any specified anatomical areas; or (b) Any exhibition, performance, or dance intended to sexually stimulate any patron and any conduct in an adult entertainment facility where such eaLhibition, performance or dance is performed for,arranged with,or engaged in with fewer than all patrons in the adult entertainment facility at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such e�ibitions, performances, or dances are commonly referred to as table dancing, couch dancing,taxi dancing,lap dancing,private dancing,or straddle dancing�or (c) Any e�ibition, performance, display, dance, presentation, or dance of any type conducted in an adult entertainment facility and involving a person who is unclothed or in such attire,costume,or clothing as to expose to view any specified anatomical area, or who touches, caresses or fondles any specified anatomical area of themselves or another person, or permits touching, caressing or fondling of any of their own specified anatomical areas. "Adult entertainment facility"means any of the following: (a) "Adult arcade" means a commercial establishment which contains individual viewing areas or booths, where for any form of consideration, including but not limited to membership fee, one or more still or motion picture projectors, slide projectors, or other similar image-producing machines are used to show films, motion pictures, computer images or pictures, video cassettes, slides, or other visual or sensory representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. (b) "Adult cabareY' means a nightclub, bar, restaurant, tavern, or similar commercial establishment, whether or not alcoholic beverages are served, that regularly features adult entertainment. (c) "Adult retail establishments" are commercial establishments such as a bookstore, video store, or novelty shop in which any one or more of the following constitute more than 20 percent of the establishment's stock-in-trade for sale, rent, or any other form of consideration: Ordinance—Amending PMC—25"Zoning"-4 (i) Books, magazines, periodicals or other printed materials, or photographs, films, motion pictures, video cassettes, slides or other visual or sensory representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or (ii} Instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities. (d) "Adult motel"means a motel, hotel or similar commercial establishment which: (i) Offers sleeping accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other visual or sensory representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing,or simulating any specified sexual activities or any specified anatomical areas, and that has a sign visible from the public right-of-way that advertises the availability of such sexually oriented materials; or (ii) Offers a sleeping room for rent on a rental fee period of time that is less than 10 hours; or (iii) Allows a tenant or occupant of a sleeping room to sub rent the room for a period of time that is less than 10 hours. (e) "Adult mini motion picture theater" means a commercial establishment with a capacity for less than 50 persons, where for any form of consideration motion pictures, films, video cassettes, slides or similar visual or sensory representations are shown that are distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas. (fl "Adult motion picture theater" means a commercial establishment where for any form of consideration motion pictures, films,video cassettes, slides,or other similar visual or sensory representations are shown that are distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas. (g) "Adult nude photography shop" means a commercial establishment used for the business of allowing customers to photograph any"specified anatomical areas"of a person or persons, or for the customer to be so photographed with or without other persons. (h) "Body painting shop" means a commercial establishment used for the business of allowing customers to paint the body of a person or persons, or to allow the customer's body to be painted. Ordinance—Amending PMC—25"Zoning"-5 (i) "Other adult entertainment facility" means any commercial establishment not defined elsewhere in the Pasco Municipal Code where adult entertainment or sexually oriented materials are regularly conducted,displayed,or available in any form,for any type of consideration and which represent more than 20 percent of the business's stock-in-trade; provided, however, that a public library, school, university, or similar accredited educational or scientific facility shall not be considered an adult entertainment facility. In addition, a commercial establishment which offers access to telecommunication networks as a principal business purpose shall not be considered an adult entertainment facility unless the access it provides is for the primary purpose of displaying or presenting visual images that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. "Agricultural uses(commercial)"means agricultural activities,involving 10 or more acres, carried on as a commercial enterprise with the object of gain,benefit, or advantage, directly or indirectly. Agricultural uses (commercial) do not include feed lots, stockyards, dairies, hog farms or poultry husbandry. "Agricultural use (limited)" means an agricultural operation, including the construction of farm buildings and the keeping of farm animals upon the premises, but the agricultural operation shall be for a personal use only and not be carried on as a commercial enterprise where a profit is realized. "Alley"means a dedicated narrow service way,not more than 20 feet wide,providing a secondary means of public access to abutting properties. "Alterations"means, as applied to a building or structure: (a) A change or rearrangement of the structural or nonstructural parts in the existing facilities; or (b) An enlargement or addition on a building or structure; or (c) Moving a building or structure from one location or position to another; or (d) A change of use. "Amusement game center" means any building or portion thereof which contains more than two amusement game devices. "Amusement game device" means a machine or other device, whether mechanical, electrical, ar electronic, to be operated by the public for the purpose of entertainment, amusement or as a game, the object of which is to 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, Ordinance—Amending PMC—25"Zoning"-6 pinball machines,arcade video games and similar devices which use television screens or monitors 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. "Animal uniY'means any one of the following: Steer, cow, milk cow, horse, mule/donkey, three goats,three sheep,three pigs,20 chickens,20 fowl or 20 rabbits.For the purpose of this definition, any newborn animal listed above shall be excluded until such time as it is weaned. "Antique" means a piece of furniture, glassware, silverware, art work or other items that are at least 60 years old and are distinguished from general secondhand personal property and collectibles by educational value, historic value, artistic value, ornamental character or intrinsic aesthetic merits. "Antique dealer"means an establishment having as its primary stock-in-trade antiques as that term is defined in this chapter. "AparhnenY' means a _ �,r�� �����'� ^+'��r part of a buildin J� occu�ied bv one person or family, �ti�i�il�� tlz��-<��l >> �>c�������_��t l7v another. �r others. "Assisted living facility" means a system of housing and care that is designed for two or more occupants who need some assistance with daily activities, and is required to be licensed by the State of Washington. "Auto body shop"means a building or portion of a building wherein there is engaged the business of improvement and restoration of automobiles and other motor vehicles by sanding, priming, painting, straightening and other like repair and restoration. "Auto dealership, new" means a business that is franchised or sanctioned through a dealership contract with an automaker or its sales subsidiary(e.g., Ford, Chrysler, Honda, BMW, etc.)to sell new vehicles at the retail level. Said dealership must include an on-site building greater than 8,000 square feet, with offices, a showroom, a parts department, service bays and indoor maintenance facilities. No more than 33 percent of a new auto dealership sales lot may be devoted to the display of pre-owned vehicles. "Auto detail shop"means a building or portion of a building wherein there is engaged the business of improvement of the appearance of automobiles or other vehicles defined in PMC 0 by washin , waxin , polishing or other like means not within the definition of an "auto body shop" (PMC�. "Auto repair facilities"means the machinery permanently installed on site to facilitate automobile repair, such as hydraulic lifts,hoists or repair pits. [Ord.4369 § 6, 2017;Ord.4149 § 1,2014; Ord. 4121 § 1, 2013; Ord. 4110 § 5,2013; Ord. 3354 § 2, 1999; Code 1970 §§ 25.12.015—25.12.093.] Ordinance—Amending PMC—25 "Zoning"-7 Section 3. That Section 25.15.060 entitled "D definitions" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.15.060 D definitions. "Dance hall" means an enclosed space where public dances are held and where alcohol and/or food may be sold. "Day-care center, family home nursery school, family home day care,preschool."For the purpose of this title, the following definitions shall apply to day-care center,babysitting care, family home day care, family home preschool/nursery schools, nursery schools or preschools: (a) "Babysitting care" means a dwelling which provides occasional care to children, for periods of less than 24 hours, who do not reside within the residence of the person providing the care. (b) "Day-care center" means a place which provides regular scheduled care for more than 12 children or adults, for periods of less than 24 hours. (c) "Family home child care" means a facility licensed to provide direct care, supervision and early learning opportunities for 12 or fewer children, in the home of the licensee where the licensee resides and is the primary provider. (d) "Family home day care" means a home licensed by the deparhnent of social and health services and in which direct care, supervision and learning opportunities are regularly provided for not more than 12 children or adults or for periods of less than 24 hours: (e) "Family home day care provider" means a person who provides direct care, supervision, behavior management, and early learning opportunities for 12 or fewer children in their family home living quarters for periods of less than 24 hours. (fl "Family home preschool/nursery schools"means a home that provides regular care and/or organized learning and educational experiences for not more than 12 children. (g) "Preschool center" means a place that provides regular custodial care and/or organized learning and educational experiences for more than 12 children. "Dwelling" means a building �_����tir� ��rt : !��� ��lortit= designed exclusively for residential purposes, including one-family, two-family, multiple-family dwellings, but not including hotels or motel units. "Dwelling, multiple"means a building used or designed as a residence for three or more families living independently of each other __�� _ _ _ doing their own cooking therein. This includes apartment houses, and . ��.,1��.,� . �., ��rl��ti�r��. Ordinance—Amending PMC—25"Zoning"-8 "Dwelling, -family"means a detached ttachc�t� dwelling��°��� designed for or occupied exclusively by one family.A sin��l�_ _ � _ �� �na�� lied� ���•� � � __ or tt, � _�; sin��,_ __:.�� dwellin��s ��_ ��.�_� e_��fl �. _ __ lot lii��.� ��� , <<���n-��� ��. "Dwelling, two-family" means a building designed for or occupied exclusively by two families living independently of each other, except that common laundry facilities are allowed. "Dwelling uniY' means a building or portion thereof providing complete in�i��l��.ncl�i��t li��ir�<�_facilities for one family, �ncludin�����.rr7lai��ni Ezr���-i�iui�� t��r ti� s�, sleepin�, cooking and sar�iitation. "Dwellin unit, accesso " means an additional dwelling unit on a lot with a primarv one-family_ dwellin unit. An accesso dwellin unit is an inde endent livin� unit desi ied for lon -term residential occu anc b one famil inde endent of the rima dwellin unit with facilities for slee in . cookin and sanitation. An accesso dwellin* unit ma be attached or internal to the primarv dwellin�unit, or it may be detached from the primary dwellin�unit. For the purposes of this title. internal accessorv dwelling units are considered attached accessory dwellin�units. "Dwellin�unit court ard a artment"means three or more attached or detached dwellin units on one arcel desi zied and used for occu anc with one household within each individual dwellin unit. The entrv �av to units is oriented around a landscaped courtvard which is adjacent to the frontin�public ri�ht-of-waY "Dwellin� unit, duplex" means a buildin� divided in two parts of approximately equal size desi =ned exclusivel for occu anc b two families on one arcel within attached dwellin units desi ned and used for occu anc b one famil within each individual dwellin =unit and which is separated by a common wall. "Dwellin unit, primarv"means a separate, complete dwellin�unit that is the lar�er of the dwellin�; units when a single-family residential site development plan proposes or contains an accessory dwellin�unit• "Dwellin unit tri lex"means a buildin J desi �ned exclusivel for occu anc b three families on one parcel, within attached dwellin�units, desi�ned and used for occupancY by one family within each individual attached dwellin�unit and each se�arated bv common walls. "Dwellin�unit. zero-lot-line"means a dwellin�or dwellin sg on a parcel,which shares a cc��r:�����i� �s�all c�t�� a sidc_ lot li_ne �a�ith a �iniil<�r atli«itau���� ���x.�illin��(�} t�t� t� sc���trate. �ldiscent ��ar-c�el. [Ord. 4110 § 5, 2013; Ord. 3354 § 2, 1999; Code 1970 §§ 25.12.158—25.12.185.] Section 4. That Section 25.15.080 entitled "F definitions" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.15.080 F definitions. Ordinance—Amending PMC—25"Zoning"-9 A "factory-assembled home"is defined as either: A factory-built structure that was constructed in accordance with the U.S. Department of Housing and Urban Development requirements and bearing an appropriate Department of Labor and Industries insignia indicating such compliance; or �t�1 A factory-built structure designed for human occupancy, which is entirely or substantially prefabricated or assembled at a place other than a building site and is transported to a building site on streets or highways and there affixed to a permanent foundation.A factory-assembled home must be constructed to International Building Code standards as adopted by the City of Pasco for on-site construction, the Washington State Energy Code and all other codes adopted by the City of Pasco governing the construction of residential structures. c Whzre a"tactoi- �-assembled home"is en�nitted within a zon�in s desi =nation, it ina � be �ermitted only as one of the allowed housin�pes within that zone (e.�.. sin�le family home}. includin�; as an accessorv dwellin� unit; provided, it meets the a�plicable criteria for that hou�in+,�ty�c and ionin� dcsi�nation. "Family"means one or more persons (but not more than six unrelated persons) living together as a single housekeeping unit.For purposes of this definition and notwithstanding any other provision of this code, children with familial status within the meaning of 42 USC § 3602(k) and persons with handicaps within the meaning of 42 USC § 3602(h) will not be counted as unrelated person. [Ord. 4110 § 5, 2013; Ord. 3354 § 2, 1999; Code 1970 §§ 25.12.190—25.12.195.] Section 5. That Chapter 2530 entitled"R-S-20 Suburban District"of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.30.010 Purpose. The R-S-20 suburban district is established to provide a low-density residential environment permitting . �,;����_� ___�� two u<� f i����dwelling units per acre_ _ ' � ���>��>?A I __ ,i i� _ _ ��.?l: . Lands within this district shall, unless specifically allowed herein, contain suburban residential development with large lots and expansive yards. Structures in this district are limited to single-family dwellings and customary accessory structures. Certain public facilities and institutions may also be permitted, provided their nature and location are not detrimental to the intended suburban residential environment. [Ord. 3354 § 2, 1999; Code 1970 § 25.22.010.] 25.30.020 Permitted uses. The following uses shall be permitted in the R-S-20 suburban district: (1) Single-family dwellings; and (2) New factory-assembled homes. Ordinance—Amending PMC—25"Zoning"- 10 (3) Nothing contained in this section shall be deemed to prohibit the use of vacant property for gardening or fruit raising. [Ord. 3731 § 3, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.22.020.] 25.30.030 Permitted accessory uses. The following uses shall be permitted as accessory to a permitted use in the R-S-20 suburban district: (1) Detached residential garages as defined in PMC 25.15.090, provided they do not exceed the height of 18 feet and are no larger than 1,600 square feet in area. For each additiona120,000 square feet of lot area, the gross floor area of detached shops and garages can be increased by 400 square feet. A greater height may be approved by special permit based upon the review criteria listed in PMC 25.200.080 and 25.200.090; (2) Home occupations as defined in PMC 25.15.100; (3) Storage buildings cumulatively not exceeding 480 square feet of gross floor area and 15 feet in height;provided no container storage,as defined in PMC 25.15.210,shall be permitted. For each additiona120,000 square feet of lot area,the gross floor area of storage sheds can be increased by 400 square feet; (4) Agricultural uses (limited), as defined in PMC 25.15.030 (except that the keeping of animals shall be permitted on parcels consisting of 10,000 square feet over and above an area equal in size to 12,000 square feet set aside for the dwelling on the parcel); (5) One animal unit (as defined in PMC 25.15.030) shall be allowed for each full 10,000- square-foot increment of land over and above an area equal in size to 12,000 square feet set aside for the dwelling on the same parcel,provided all barns,barnyards, chicken houses,or corrals shall be located not less than 25 feet from a public roadway and not less than 10 feet from any adjoining property held under separate ownership; and provided, that said number of chickens, fowl or rabbits does not exceed two animal units; (6) The keeping of dogs and cats,provided such number of animals does not exceed three dogs and three cats; (7) Family day care home in conformance with Chapter 388-73 WAC as now existing and as amended and Chapter 2� PMC; (8) Accessory dwelling ; (9) Family home preschool in conformance with Chapter 2�.1�0 PMC; and (10) For lots with a minimum of 5,000 square feet but less than 22,000 square feet the keeping of dogs, cats, rabbits, and chicken hens, provided such number of animals does not exceed three dogs and/or three cats, and/or three Ordinance—Amending PMC—25"Zoning"- 11 rabbits and/or three chicken hens, the total number of animals not to exceed six; in all cases, animals shall not be allowed to roam or fly to other properties;roosters are not allowed. Structures related to rabbits and/or chicken hens,such as rabbit hutches and/or chicken coops,must be at least 10 feet from any property line, may not exceed six feet in height and 30 square feet in size, and must be located behind the rear line of the dwelling. Property owners shall not allow such structures to become a nuisance due to noise or odor. [Ord. 4144 § 1, 2014; Ord. 4110 § 8, 2013; Ord. 4036 § 2, 2011; Ord. 3688 § l, 2004; Ord. 3354 § 2, 1999; Code 1970 § 25.22.030.] 25.30.040 Conditional uses. In addition to the unclassified uses listed in Chapter 25.200 PMC, the following uses may be permitted by special permit as provided in Chapter 25.200 PMC: (1) Churches and similar places of worship; (2) Public libraries and municipal office buildings; (3) Public and private schools,public parks and playgrounds; (4) Fire department station houses; (5) Day care centers and preschool centers; (6) Agricultural use(commercial); (7) Buildings in conjunction with an agricultural use(limited),provided the parcel contains at least five acres and the building will not be used for the conduct or support of any business activity; and (8) Unclassified uses as listed in PMC 25.200.020. [Ord. 4110 § 8,2013; Ord. 3667 § 1,2004; Ord. 3354 § 2, 1999; Code 1970 § 25.22.040.] 25.30.050 Development standards. (1) Minimum lot area: 20,000 square feet. (2) Density: One dwelling unit per lot, except as provided in PMC 25.30.030(8). (3) M�imum lot coverage: 40 percent. (4) Minimum Yard Setbacks. (a) Front: 25 feet. (b) Side: 10 feet. Ordinance—Amending PMC—25"Zoning"- 12 (c) Rear. Principal building: 25 feet. Accessory ui�tiin��s: Accessory ����ili�in�s adjacent an alley may be placed on the alley line, provided there are no openings in the wall _i_ _ to the alley. Garages with vehicle doors a to an alley shall be set back from the alley 20 feet. Where there is no alley, the setback shall be 10 feet. (5) Mcr�imum Building Height. (a) Principal building: 35 feet, except a greater height may be approved by special permit. (b) Accessory buildings: 15 feet. (6) Fences and hedges: See Chapter 25.180 PMC. (7) Parking: See Chapter 2�.]85 pMC. (8) Landscaping: See Chapter 25.180 PMC. (9) Residential design standards: See PMC 25.165.100. [Ord. 4110 § 8, 2013; Ord. 3731 § 4, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.22.050.] Section 6. That Chapter 25.35 entitled"R-S-12 Suburban District"of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.35.010 Purpose. The R-S-12 suburban district is established to provide a low-density residential environment �c�iL�p�li�3:r�t t� itl�� T}7� ��',��n���r���l��cn�i1°e 1' ..�� ll�n;it� l.�'al�l� in E'�l(: ��'�.�'1 j.(115. . , 17a�a�r.:., .,,..,�,�:,, :.,,,��...1.,,.�.,,:�;,7 ,.,t;.�1 ,7�, �t,..1,�:a.,i .. ;�1, 1,��-�,� 1,.�t RY'�F���- +.7,,���r4� Certain public facilities and institutions may also be permitted, provided their nature and location are not detrimental to the intended suburban residential environment. [Ord. 3354 § 2, 1999; Code 1970 § 25.24.010.] 25.35.020 Permitted uses. The following uses shall be permitted in the R-S-12 suburban district: (1) Single-family dwellings. � (2] 'Lero-l�t line dwellin� i3� Multi�le dwellin�7s. Ordinance—Amending PMC—25"Zoning"- 13 ,�41 _DuUlexes. (5) Triplexes: shall onlv be t�ermitted on corner lots within 1/mile of planned, proposed gublic facilitv or land use. zoned for Government, 4uasi-Public or Civic Uses. {�}� New factory-assembled homes. Nothing contained in this section shall be deemed to prohibit the use of vacant property for gardening or fruit raising. [Ord. 3731 § 5, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.24.020.] 25.35.030 Permitted accessory uses. The following uses shall be permitted as accessory to a permitted use in the R-S-12 suburban district: (1) Detached residential garages as defined in PMC 25.1�.090, provided they do not exceed 18 feet in height and 1,200 square feet in area. For each additional 12,000 square feet of lot area, the gross floor area of detached shops and garages can be increased by 260 square feet. A greater height may be approved by special permit based upon the review criteria listed in PMC 25.200.080 and 25.200.090. (2) Home occupations as defined in PMC 25.15100. (3) Storage buildings cumulatively not exceeding 260 square feet of gross floor area and 15 feet in height;provided no container storage, as defined in PMC 25.15210,shall be permitted. For each additional 12,000 square feet of lot area the gross floor area of storage sheds can be increased by 260 square feet. (4) Agricultural uses (limited), as defined in PMC 25.15.030 (except that the keeping of animals shall be permitted on parcels consisting of 10,000 square feet over and above an area equal ' in size to 12,000 square feet set aside for the dwelling on the parcel). (5) One animal unit (as defined in PMC 25.15.030) shall be allowed for each full 10,000- square-foot increment of land over and above an area equal in size to 12,000 square feet set aside for the dwelling on the same parcel,provided all barns,barnyards,chicken houses,or corrals shall be located not less than 25 feet from a public roadway and not less than 10 feet from any adjoining property held under separate ownership; and provided said number of chickens, fowl or rabbits does not exceed two animal units. (6) The keeping of dogs and cats,provided such number of animals does not exceed three dogs and three cats. (7) Family day care home in conformance with Chapter �88-7� WAC as now existing and as amended and Chapter 25.15Q PMC. Ordinance—Amending PMC—25"Zoning"- 14 (8) Accessory dwelling (9) For lots with a minimum of 5,000 square feet but less than 22,000 square feet and containing only one single-family dwelling unit, the keeping of dogs, cats, rabbits, and chicken hens, provided such number of animals does not exceed three dogs and/or three cats, andJor three rabbits and/or three chicken hens, the total number of animals not to exceed six; in all cases, animals shall not be allowed to roam or fly to other properties;roosters are not allowed. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops,must be at least 10 feet from any property line, may not exceed six feet in height and 30 square feet in size, and must be located behind the rear line of the dwelling. Rabbit hutches and/or chicken coops adjacent an alley may be placed within five feet of the alley line provided there are no openings in the wall adj:�cent to the alley.Property owners shall not allow such structures to become a nuisance due to noise or odor. (10) Family home preschool in conformance with Chapter 25.150 PMC. [Ord. 4144 § 2, 2014; Ord. 4110 § 9, 2013; Ord. 4040 § 2, 2012; Ord. 4036 § 4, 201 l; Ord. 3688 § 2, 2004; Ord. 3354 § 2, 1999; Code 1970 § 25.24.030.] 25.35.040 Conditional uses. In addition to the unclassified uses listed in Chapter 25.200 PMC, the following uses may be permitted by special permit as provided in Chapter 25.200 PMC: (1) Churches and similar places of worship. (2) Public libraries and municipal office buildings. (3) Public and private schools, public parks and playgrounds. (4) Fire department station houses. (5) Day care centers and preschool centers. (6) Agricultural use (commercial). (7) Buildings in conjunction with an agricultural use(limited),provided the parcel contains at least five acres and the building will not be used for the conduct or support of any business activity. (8) Unclassified uses as listed in PMC 25.200.020. [Ord. 4110 § 9,2013; Ord. 3667 § 2,2004; Ord. 3354 § 2, 1999; Code 1970 § 25.24.040.] 25.35.050 Development standards. (1) Minimum lot area: 12,000 square feet. Ordinance—Amending PMC—25"Zoning"- 15 (2} Density: ��e�-�e�,—e�eep�-ar�e���e�� �All I�et el�� �i���nr� �:}�all be com liant with the Com rehensive Plan Land Densit Table in PMC ��.?1�.t�1�. :inc� ��h�all, conta�.n no more than .�r•oss densit�� three d�vellin<�unit��er lot. (3) Maximum lot coverage: 40 percent. (4) Minimum Yard Setbacks. (a) Front: 25 feet. (b) Side: 10 feet, c��e��t in r�r�>-lr�t-li��e c�le��c:1���ani��.tits in ��hrcli case no side yard �eth�l�l� i<�-e ni red li-o�n1 the common lot line rovided the remainin r side ards are at least 1 c) i�ct cacl�. (c) Rear. Principal building: 25 feet. Accessory ��+� .1}�,�1�1i�,���;: Accessory builclin�f� adjacent an alley may be placed on the alley line provided there are no openings in the wall �ta _. to the alley. Garages with vehicle doors a�liacent to an alley shall be set back from the alley 20 feet. Where there is no alley, the setback shall be five feet; (5) Maximum building height: (a) Principal building: 35 feet, except a greater height may be approved by special permit. (b) Accessory buildings: 15 feet. (6) Fences and hedges: See Chapter 25.180 PMC. (7) Parking: See Chapter 25.185 PMC. (8) Landscaping: See Chapter 25.1�0 PMC. (9) Residential design standards: See PMC 25.165.100. [Ord. 3731 § 6, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.24.050.] Seetion 7. That Chapter 25.40 entitled"R-S-1 Suburban District" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.40.010 Purpose. The R-S-1 suburban district is established to provide a �a-�� residential environment �t t+ + ��ciCbc'lv�it2tsii—i�l-ftti iuib� �il�—�t]tiii v_j����:,_>�,. u.�.�,. �cr"'c'['�ccca""x�,� iti u��., tii�t:l:k �.s� ,,,,.,..., *� ^'� ��;'<. ��*;���' a=T��";�Rc. compliant with the Comprehensive Plan Land �se Ordinance—Amending PMC—25"Zoning"- 16 I � __,'�t(� '�.:� I��,. Certain public facilities and institutions may also be permitted, provided their nature and location are not detrimental to the intended suburban residential environment. [Ord. 3354 § 2, 1999; Code 1970 § 25.26.010.] 25.40.020 Permitted uses. The following uses shall be permitted in the R-S-1 suburban district: (1) Single-family dwellings. L {2} Zero-lot line dwellin�s 3 Multi le dwellin s. �4) Duplexes. �) Triplexes. (6) Courtyard Apartments: shall onlv be permitted on corner lots within '/ mile of planned, )�1"i)��}��:i�)Ul��l� ��i�l�l�� i:�7' ��':Tlij ISCt'_ f(]I1CCj f(iT't_'r(��'C1`t1?ll(."tlt_ {)11;.�+1-Pll�TjlC' t'C�lx t�, �T�t`� (-�=� New factory-assembled homes. Nothing contained in this section shall be deemed to prohibit the use of vacant property for gardening or fruit raising. [Ord. 3731 § 7, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.26.020.] 25.40.030 Permitted accessory uses. The following uses shall be permitted as accessory to a permitted use in the R-S-1 suburban district: (1) Detached residential garages as defined in PMC 25.15.090, provided they do not exceed 15 feet in height and 1,000 square feet in area; except on lots that are 12,000 square feet or more the height may be increased by three feet and the area may increase by 200 square feet. On lots over 12,000 square feet in area detached residential garages in excess of 18 feet in height may be permitted by special permit based upon the review criteria listed in PMC 25.200.080 and 25.200.090. (2) Home occupations as defined in PMC 25.15.100. (3) Storage buildings cumulatively not exceeding 200 square feet of gross floor area and 15 feet in height; provided no container storage, as defined in PMC 25.15.210, will be permitted. (4) Agricultural uses (limited), as defined in PMC 25.15.030, except that the keeping of animals shall be permitted on parcels consisting of 10,000 square feet over and above an area equal in size to 12,000 square feet set aside for the dwelling on the parcel. Ordinance—Amending PMC—25"Zoning"- 17 (5) One animal unit (as defined in PMC 25.15.030) shall be allowed for each full 10,000- square-foot increment of land over and above an area equal in size to 12,000 square feet set aside for the dwelling on the same parcel,provided all barns,barnyards, chicken houses, or corrals shall be located not less than 25 feet from a public roadway and not less than 10 feet from any adjoining or abutting property held under separate ownership, and provided said number of chickens, fowl or rabbits does not exceed two animal units. (6) The keeping of dogs and cats,provided such number of animals does not exceed three dogs and three cats. (7) Family day care home in conformance with Chapter 3X8-73 WAC as now existing and as amended and Chapter 25.150 PMC. (8) Accessory dwelling �t ti. (9) Family home preschool in conformance with Chapter 25.150 PMC. (10) For lots with a minimum of 5,000 square feet but less than 22,000 square feet the keeping of dogs, cats, rabbits, and chicken hens,provided such number of animals does not exceed three dogs and/or three cats, and/or three rabbits and/or three chicken hens, the total number of animals not to exceed six; in all cases, animals shall not be allowed to roam or fly to other properties;roosters are not allowed. Structures related to rabbits and/or chicken hens,such as rabbit hutches and/or chicken coops,must be at least 10 feet from any property line, may not exceed six feet in height and 30 square feet in size, and must be located behind the rear line of the dwelling. Rabbit hutches and/or chicken coops adjacent an alley may be placed within five feet of the alley line provided there are no openings in the wall jcli<�eezit to the a11ey.Property owners shall not allow such structures to become a nuisance due to noise or odor. [Ord. 4144 § 3, 2014; Ord. 4110 § 10, 2013; Ord. 4040 § 3, 2012; Ord. 4036 § 6, 2011; Ord. 3688 § 3, 2004; Ord. 3354 § 2, 1999; Code 1970 § 25.26.030.] 25.40.040 Conditional uses. In addition to the unclassified uses listed in Chapter 2�.�' � PMC, the following uses may be permitted by special permit as provided in Chapter 25.2(? PMC: (1) Churches and similar places of worship. (2) Public libraries and municipal office buildings. (3) Public and private schools,public parks and playgrounds. (4) Fire department station houses. (5) Day care centers and preschool centers. Ordinance—Amending PMC—25"Zoning"- 18 (6) Agricultural use (commercial). t��� (7) Unclassified uses as listed in PMC 25.200.020. [Ord.4110§ 10,2013; Ord.3354§ 2, 1999; Code 1970 § 25.26.040.] 25.40.050 Development standards. (1) Minimum lot area: 10,000 square feet. (2) Density: � _ _ , � � , � �� � ����:111 �ic����l����mcnt:; whall be compliant with the Comprehensive Plan Land Densitv Table in PMC ?�.1�.(i 1�, :lil�i �l�.tll cont�in no ;;reater than three d�;�ellin�units �}er lc�t. (3) Maximum lot coverage: 40 percent. (4) Minimum Yard Setbacks. (a) Front: 20 feet. (b) Side. Principal building: 10 feet.cr�'c�T in ���r<�-l��i-line de����'l�>>m�'nt; i�� ���l��icli cas� �,��, �id< va�-�i �esk�,.�l, �� �-ct�uir�<� Ii-�����,�1 tl��e ��<�r1�il�on lot line, provided the remaining side Yards are at lcast 10 fcci c,�:�:1�. Accessory . c�in���: Five feet, provided the accessory �e buildi:��, is located behind the rear building line. (c) Rear. Principal building: Equal to the height of the dwelling. Accessory h u i 1 d i��i��_: Accessory h u i 1 d i n��� adj acent an alley may be placed on the alley line provided there are no openings in the wall a .� to the alley. Garages with vehicle doors a�i�<��<<�r to an alley shall be set back from the alley 20 feet. Where there is no alley, the setback shall be five feet. (5) Maximum Building Height. (a) Principal building: �� feet, except a greater height may be approved by special permit. (b) Accessory buildings: 15 feet. (6) Fences and hedges: See Chapter 25.180 PMC. (7) Parking: See Chapter 25.185 PMC. (8) Landscaping: See Chapter 2>.180 PMC. Ordinance-Amending PMC-25"Zoning"- 19 (9) Residential design standards: See PMC 25.165.100. [Ord. 3731 § 8, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.26.050.] Section 8. That Chapter 25.45 entitled"R-1 Low Density Residential District"of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.45.010 Purpose. The R-1 low density residential district is established to provide a low �o medium density residential environment ci���n���li��,�t �����}i Ih�; C��r1�> > _ _ � �__ 1C-' Certain public facilities and institutions may also be permitted,provided their nature and location are not detrimental to the intended low density residential environment. [Ord. 3354 § 2, 1999; Code 1970 § 25.28.010.] 25.45.020 Permitted uses. The following uses shall be permitted in the R-1 district: (1) Single-family dwellings f�f1_ (2} Zero-lot line dwellin�s 3 Multi le dwellin s. �4) Duplexes. (5) Triplexes. (6) Cnu�r-t�,�a�•d .'1t��lrtrl�cnt�. (�}� New factory-assembled homes. Nothing contained in this section shall be deemed to prohibit the use of vacant property for gardening or fruit raising. [Ord. 3731 § 9, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.28.020.] 25.45.030 Permitted accessory uses. The following uses shall be permitted as accessory to a permitted use in the R-1 low density residential district: (1) Detached residential garages as defined in PMC 25.15.090, provided they do not exceed 15 feet in height and 1,000 square feet in area; except on lots that are 12,000 square feet or more the height may be increased by three feet and the area may increase by 200 square feet. On lots over 12,000 square feet in area detached residential garages in excess of 18 feet in height may be Ordinance—Amending PMC—25"Zoning"-20 permitted by special permit based upon the review criteria listed in PMC 25.200.080 and 25.200.090. (2) Home occupations, as defined by PMC 25.15.100. (3) Storage buildings cumulatively not exceeding 200 square feet of gross floor area and 15 feet in height;provided no container storage, as defined in PMC 25.15.210, shall be permitted. (4) The renting of rooms for lodging purposes only;provided,however, such accommodations shall not exceed two persons in a single-family dwelling. One off-street parking space,per room , must be provided in addition to the requirement set forth under PMC 25.1$5.170(5). (5) The keeping of dogs and cats,provided such number of animals does not exceed three dogs and three cats. (6) Family day care homes in conformance with Chapter 388-73 WAC as now existing and as amended and Chapter�25.150 PMC. (7) Accessory dwelling (8) On lots with a minimum of 5,000 square feet and containing only one single-family dwelling unit, the keeping of dogs, cats, rabbits, and chicken hens, provided such number of animals does not exceed three dogs and/or three cats, and/or three rabbits and/or three chicken hens, the total number of animals not to exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. (9) Family home preschool in conformance with Chapter 25.150 PMC. [Ord. 4144 § 4, 2014; Ord. 4110 § 11,2013; Ord. 4036 § 8, 2011; Ord. 3688 § 4, 2004; Ord. 3354 § 2, 1999; Code 1970 § 25.28.030.] 25.45.040 Conditional uses. In addition to the unclassified uses listed in Chapter 2� �' ° PMC, the following uses may be permitted by special permit as provided in Chapter 25.2f' PMC: (1) Churches and similar places of worship. (2) Public libraries and municipal office buildings. (3) Public and private schools,public parks and playgrounds. (4) Fire department station houses. (5) Day care centers and preschool centers. Ordinance—Amending PMC—25"Zoning"-21 (6) Unclassified uses as listed in PMC 25200.020. [Ord.4110§ 1 l,2013;Ord.3354§ 2, 1999; Code 1970 § 25.28.040.] 25.45.050 Development standards. (1) Minimum lot area: 7,200 square feet. �2� �011S1ty: ..._.,. � .,_.. �� � ..�rn .;❑ �nc��. :cs�-srrm--i�� _ .T� �-�—�1��1 C�C;�''GIO�JIlltiltS sh��ll l��e c����l��li:�T�t with the Comprehensive Plan Land Densit Table in PMC 25.215.015, and �ll�all ���t�t�<�iri n�� �,i�eai��r- 2��;�r� G���ir dti��clling units per lot. (3) Maximum lot coverage: 40 percent. (4) Minimum Yard Setbacks. (a) Front: 20 feet. (b) Side: Five feet, c,xc�7t in �cro-lot-lif�e d����lu_�iii�nt� iii ��liicli casc no ;id� �'arcl �t�iha�k i, l-ccit�ir���l 1rc�n�the common lot line,provided the remainin�side yards are at least 10 f�cet �;i:�h. (c) Rear. Principal building: Equal to the height of the dwelling. Accessory ���'di�i�,�s; Accessory �.:s adjacent an alley may be placed on the alley line provided there are no openings in the wall � _ to the alley. Garages with vehicle doors _ _?-- to an alley shall be set back from the alley 20 feet. Where there is no alley, the setback shall be five feet. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least 10 feet from any property line,may not exceed six feet in height and 30 square feet in size, and must be located behind the rear line of the dwelling. Rabbit hutches and/or chicken coops adjacent an alley may be placed within five feet of the alley line provided there are no openings in the wall : to the alley. Property owners shall not allow such structures to become a nuisance due to noise or odor. (5) Ma�imum Building Height. (a) Principal: �� feet, except a greater height may be approved by special permit. (b) Accessory buildings: 15 feet. (6) Fences and hedges: See Chapter 25.180 PMC. (7) Parking: See Chapter 25.18 ti PMC; (8) Landscaping: See Chapter 25.180 PMC; and Ordinance—Amending PMC—25"Zoning"-22 (9) Residential design standards: See PMC 25.1 G>.1 UO [Ord. 4040 § 4, 2012; Ord. 4036 § 9, 2011; Ord. 3731 § 10, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.28.050.] Section 9. That Chapter 25.60 entitled "R-2 Medium Density Residential DistricY' of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.60.010 Purpose. The R-2 district is established to provide a medium density residential environment compli��ni wit11 II��C. ( ��i¢7�����, �_�i��i��� �'���,��n I ��tucl �)c���.it�� ���.��1`.UJ_. 0 TT��*'�•�����' -����sr The R-2 district is intended to allow for a gadual increase in density _ een lo�u and hi�h-dens� �, �� [Ord. 3354 § 2, 1999; Code 1970 § 25.34.010.] 25.60.020 Permitted uses. The following uses shall be permitted in the R-2 district: (1) Single-family dwellings. (2) Two-family dwellings. (�} Zero-lo� liiie dwellin�s. f4) Multi�le dwellin�s. {5) Duplexes. {6) Triplexes. �7) Courtyard Apartments. ( ) New factory-assembled homes. : �-- �.,;�, I.. � . _, . ( ) Nothing contained in this section shall be deemed to prohibit the uses of vacant property for gardening or fruit raising. [Ord. 3731 § 13,2005;Ord.3354 § 2, 1999;Code 1970 § 25.34.020.] 25.60.030 Permitted accessory uses. The following uses shall be permitted as accessory to a permitted use in the R-2 district: Ordinance—Amending PMC—25"Zoning"-23 (1) Detached single-family residential garages, as defined in PMC 25.15.090, provided they do not exceed 15 feet in height and 1,000 square feet in area. On lots over 12,000 square feet in area detached residential garages in excess of 15 feet in height and/or iricrease in floor area of up to 200 square feet may be permitted by special permit based upon the review criteria listed in PMC 25.200.080 and 25.2O (2) Home occupations as defined by PMC 2�.15.100. (3) Storage buildings cumulatively not exceeding 200 square feet of gross floor area and 15 feet in height;provided no container storage, as defined in PMC 25.15.210, shall be permitted. (4) The keeping of dogs and cats provided such number of animals does not exceed three dogs and three cats. (5) Family day care homes in conformance with Chapter 388-73 WAC as now existing and as amended and Chapter 25.150 PMC. (6) The renting of rooms for lodging purposes only; provided, however, that such accommodations shall not exceed two persons in a single-family dwelling. One off-street parking space per room must be provided in addition to the requirement set forth under PMC 25.185.170(5). (7) Family home preschool in conformance with Chapter 25.150 PMC. (8) Accessory dwelling units. (9) On lots with a minimum of 5,000 square feet and containing only one single-family dwelling unit, the keeping of up to three rabbits or three chicken hens for personal use, provided the total number of animals (including dogs, cats, rabbits, and chicken hens) does not exceed six; in all cases, animals shall not be allowed to roam or fly to other properties;roosters are not allowed. [Ord. 4144 § 5, 2014; Ord. 4110 § 14, 2013; Ord. 4036 § 14, 2011; Ord. 3354 § 2, 1999; Code 1970 § 25.34.030.] 25.60.040 Conditional uses. In addition to the unclassified uses listed in Chapter � PMC, the following uses may be permitted by special permit as provided in Chapter 2: PMC: (1) Churches and similar places of worship. (2) Public libraries and municipal office buildings. (3) Public and private schools,public parks and playgrounds. (4) Fire department station houses. Ordinance-Amending PMC-25"Zoning"-24 (5) Day care centers and preschool centers. (6) Unclassified uses as listed in PMC 25.200.020. [Ord.4110 § 5,2013; Ord. 3354 § 2, 1999; Code 1970 § 25.34.040.] 25.60.050 Development standards. (1) Minimum lot area: 5,000 square feet. (2) One single-family dwelling shall be permitted per lot.Multiple dwellings shall be permitted based on the density standards in subsection of this section. (3) Density: '� l� � _ _ coi. �; � the Cr� �� _ _ �an Land Densitv :' __ _ _ ___ _ _ one dwelling per 5,000 square feet of lot area is reciuired for single-family �tac�. dwellings and 4,000 square feet of lot area _ �yuired for �ll multiple dwellings, dli�, _�. _ �. ,�_ �_ _. t.E�artments_ and � ��l 1 i n���, except as provided in l f�1. (4) Maximum lot coverage: �}��. {a1 Sin�le-familY (detached): 40 percent. (b) Sin�le-familv with an attached ADU, duplexes, two-familv dwellings�plexes, courtvard apartments zero lot line dwellin�s or multiple dwellin�;s: determined b�parking and setback rectuirements. (5) Minimum Yard Setbacks. (a) Front: 20 feet. (b) Side: five feet c-�c;c����t ii� i�rc�-(ut-line develo�ments in which case no side vard setback i� r�� ��i r��. r���n the�cc�r�rmon lot line, provided the remainin=s�de vards are at least 10 feet each. (c) Rear: Principal building: Equal to the height of the dwelling. Accessory structures: Accessory structures adjacent to an alley may be placed on the alley line provided there are no openings in the wall adja���z�t to the alley. Garages with vehicle doors _ _� to an alley shall be set back from the alley 20 feet. Where there is no alley the setback shall be five feet. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least 10 feet from any property line, may not exceed six feet in height and 30 square feet in size, and must be located behind the rear line of the dwelling. Rabbit hutches and/or chicken coops adjacent to an alley may be placed within five feet of the alley line provided there are no openings Ordinance—Amending PMC—25"Zoning"-25 in the wall ,�___ to the alley. Property owners shall not allow such structures to become a nuisance due to noise or odor. (6) Maximum Building Height. (a) Principal building: Y_� feet, except a greater height may be approved by special permit. ' (b) Accessory buildings: 15 feet. (7) Fences and hedges: See Chapter 25.180 PMC. (8) Parking: See Chapter 2>.185 PMC. (9) Landscaping: See Chapter 25.180 PMC. (10) Residential design standards: See PMC 25.165.100. [Ord. 4445 § 2,2019; Ord. 4110 § 14, 2013; Ord. 4040 § 7, 2012; Ord. 4036 § 15, 2011; Ord. 3731 § 14, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.34.050.] Section 10. That Chapter 25.65 entitled"R-3 Medium Density Residential District"of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.65.010 Purpose. The R-3 district is established to provide a medium density residential environment pliant witYi — i' __ � � — �� . �� . The R-3 district is intended to allow for a gradual increase in density '� �~ �'�~��+•� ~'���1 �,�ti�:-���-:an'-�lC'��'�C�'!1 'tlt���'t'- e�U81C� H1�`.`�l-ll:"1�,ifLA� 1'�'�1t��';�d2��tl� l�J�Q�t`I�,���. ��.0 e. 1970 § 25.36.010.] 25.65.020 Permitted uses. The following uses shall be permitted in the R-3 district: (1) Single-family dwelling�. (2) Two-family dwellings �3} Zero-lot line dwellin�s 4 Multi le dwellin zs (5) Duplexes Ordinance—Amending PMC—25"Zoning"-26 �6) Triplexes f7) Courtvard Apartments ( ) New factory-assembled homes. _�J . . ._ �ti����-_r t.ti �. .� � , �' ��1 '1,1��lEarz�� .�1�r.���-�:�i�. ( ) Nothing contained in this section shall be deemed to prohibit the uses of vacant property for gardening or fruit raising. [Ord.3731 § 13,2005;Ord. 3354§ 2, 1999;Code 1970§ 25.34.020.] 25.65.030 Permitted accessory uses. The following uses shall be permitted as accessory to a permitted used in the R-3 district: (1) Detached single-family residential garages, as defined in PMC 25.15.090, provided they do not exceed 15 feet in height and 1,000 square feet in area. On lots over 12,000 square feet in area detached residential garages in excess of 15 feet in height and/or increase in floor area of up to 200 square feet may be permitted by special permit based upon the review criteria listed in PMC 25.200.080 and 25.200.090. (2) Home occupations as defined by PMC 25.15.100. (3) Storage buildings cumulatively not exceeding 200 square feet of gross floor area and 15 feet in height; provided no container storage, as defined in PMC 25.15.210, shall be permitted. (4) The keeping of dogs and cats,provided such number of animals does not exceed three dogs and three cats. (5) Family day care homes in conformance with Chapter 388-73 WAC as now existing and as amended and Chapter 25.150 PMC. (6) The renting of rooms for lodging purposes only, provided such accommodations shall not exceed two persons in a single-family dwelling. One off-street parking space per roome�must be provided in addition to the requirement set forth under PMC 25.185.170(5). (7) Family home preschool in conformance with Chapter 25.150 PMC. (8) Accessory dwelling ��07�����,. (9) On lots with a minimum of 5,000 square feet and containing only one single-family dwelling unit, the keeping of up to three rabbits or three chicken hens for personal use, provided the total number of animals (including dogs, cats, rabbits, and chicken hens) does not exceed six; Ordinance—Amending PMC—25"Zoning"-27 in all cases,animals shall not be allowed to roam or fly to other properties;roosters are not allowed. [Ord. 4144 § 6, 2014; Ord. 4110 § 15, 2013; Ord. 4036 § 16, 2011; Ord. 3354 § 2, 1999; Code 1970 § 25.36.030.] 25.65.040 Conditional uses. In addition to the unclassified uses listed in Chapter 25.200 PMC, the following uses may be permitted by special permit as provided in Chapter 25200 PMC: (1) Churches and similar places of worship. (2) Public libraries and municipal office buildings. (3) Public and private schools,public parks and playgrounds. (4) Fire deparhnent station houses. (5) Day care centers and preschool centers. (6) Unclassified uses as listed in PMC 25.200.020. [Ord.4110§ 15,2013;Ord.3354§ 2, 1999; Code 1970 § 25.36.040.] 25.65.050 Development standards. (1) Minimum lot area: 4,500 square feet. (2) One single-family dwelling shall be permitted per lot.Multiple dwellings shall be permitted based on the density standards in subsection ;��of this section. (3) Density: � � � alf hc cc,zn��liant ��`illt t{ic C`<�rnj�rzYt�tlsi�-c� Plan ' - - �� T.1}�l c i�l P1�1{' �� __one dwelling unit per 4,500 square feet of lot area ��� ����G 1 for single-family dwellings and 3,000 square feet of lot area i� rcc���irc�' for multiple-family dwellings, �1�����lexcs, tti�t��s d��irrill�� d �`±.��._tri��lc��e�. ci,rirt�'ai��i <���arti7���",' , and zero-lot-line � dwellin�s. t_ except as provided in ,�+-at� YiVIC (4) M�imum lot coverage: {.il 5in;�1�-la�l�i1� c:lG�i;llirl��s. �iU���rLcni. (b) Single-familv dwellin�s with an ADU, or multiple dwellings, duplexes,two famil� dwellin �s tri lexes court ard a artments and zero lot line dwellin s: determined b parl:in� �nd sethack re�uirements. (5) Minimum Yard Setbacks. Ordinance—Amending PMC—25"Zoning"-28 (a) Front: 20 feet. (b) Side: Five feet, except in zero-lot-line developments in which case no side yard setback is required from the common lot line(s), �� _ �° _ ._ _ (c) Rear: Principal building: Equal to the height of the dwelling. Accessory structures: Accessory structures adjacent to an alley may be placed on the alley line provided there are no openings in the wall : a�1��,�cnt to the alley. Garages with vehicle doors parallel to an alley shall be set back from the alley 20 feet. Where there is no alley, the setback shall be five feet. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops,must be at least 10 feet from any property line,may not exceed six feet in height and 30 square feet in size, and must be located behind the rear line of the dwelling. Rabbit hutches and/or chicken coops adjacent to an alley may be placed within five feet of the alley line provided there are no openings in the wall <��1 �_���a� to the alley. Property owners shall not allow such structures to become a nuisance due to noise or odor. (6) Maximum Building Height. (a) Principal building: 40 feet for sin��le familv detacl�t__ _� ����hcd dwellin�r _ _'_� t�� � _t���r l3 ���. duplexes, two famil�� � _� triplexes._ �. a�����on�:n r.. __ __ �� ��,� ___ �t V l��cl l i n�s. except a greater height may be approved by special permit. (b) Accessory buildings: 15 feet. (7) Fences and hedges: See Chapter 25.180 PMC. (8) Parking: See Chapter 25.18� PMC. (9) Landscaping: See Chapter 2�.180 PMC; (10) Residential design standards: See PMC 25_165.100. [Ord. 4456 § l, 2019; Ord. 4445 § 3, 2D19; Ord. 4110 § 15, 2013; Ord. 4040 § 8, 2012; Ord. 4036 § 17, 2011; Ord. 3731 § 16, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.36.050.] Section 11. That Chapter 25.70 entitled "R-4 High Density Residential District" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.70.010 Purpose. The R-4 district is established to provide a high-density residential environment �:c>rn��lia��� ��itl� �� �a� � . Lands within this district generally� contain �. i> , �� � multifamily structures. Ordinance—Amending PMC—25"Zoning"-29 [Ord. 3354 § 2, 1999; Code 1970 § 25.38.010.] 25.70.020 Permitted uses. The following uses shall be permitted within the R-4 district: (1) Single-family dwellings it1� ar: ��ttach��] :11 (2 ) Two-family dwellings 3 Zero-lot line dwellin �s ma include sin�le famil � dwellin �s without an ADU . (4} Multiple dwellin� (5) Duplexes (6) Triplexes (?} Cottrt�ard '1��arltr�tnt, ( ) New factory-assembled homes. /�\ T�T„1+:...lo .7...011;,�.'� { ) Nothing contained in this section shall be deemed to prohibit the uses of vacant property for gardening or fruit raising. [Ord.3731 § 13,2005;Ord.3354§ 2, 1999;Code 1970§ 25.34.020.] 25.70.030 Permitted accessory uses. The following uses shall be permitted as accessory to a permitted use in the R-4 district: (1) Detached single-family residential garages, as defined in PMC 25.15.090, provided they do not exceed 15 feet in height and 1,000 square feet in area. On lots over 12,000 square feet in area detached residential garages in excess of 15 feet in height and/or increase in floor area of up to 200 square feet may be permitted by special permit based upon the review criteria listed in PMC 25.200.080 and 25.200.09Q. (2) Home occupations as defined by PMC 25.15.100. (3) Storage buildings cumulatively not exceeding 200 square feet of gross floor area and 15 feet in height; provided no container storage, as defined in PMC 25.15.210, shall be permitted. Ordinance—Amending PMC—25"Zoning"-30 (4) The keeping of dogs and cats,provided such number of animals does not exceed three dogs and three cats. (5) Family day care homes in conformance with Chapter 3�8-73 WAC as now existing and as amended and Chapter 25.150 PMC. (6) The renting of rooms for lodging purposes only, provided such accommodations shall not exceed two persons in a single-family dwelling. One off-street parking space per room must be provided in addition to the requirements set forth under PMC 25.185.170(5). (7) Family home preschool in conformance with Chapter 25.150 PMC. (8) Accessory dwelling ;�. tz,lir�, ? (9) On lots with a minimum of 5,000 square feet and containing only one single-family dwelling unit, the keeping of up to three rabbits or three chicken hens for personal use, provided the total number of animals (including dogs, cats, rabbits, and chicken hens) does not exceed six; in all cases,animals shall not be allowed to roam or fly to other properties;roosters are not allowed. [Ord. 4144 § 7, 2014; Ord. 4110 § 16, 2013; Ord. 4036 § 18, 2011; Ord. 3354 § 2, 1999; Code 1970 § 25.38.030.] 25.70.040 Conditional uses. In addition to the unclassified uses listed in Chapter 25.200 PMC, the following uses may be permitted by special permit as provided in Chapter 25.200 PMC: (1) Churches and other places of worship. (2) Public libraries and municipal office buildings. (3) Public and private schools,public parks and playgrounds. (4) Fire department station houses. (5) Day care centers and preschool centers. (6) Unclassified uses as listed in PMC 25.200.020. [Ord.4110 § 16,2013;Ord. 3354 § 2, 1999; Code 1970 § 25.38.040.] 25.70.050 Development standards. (1) Minimum lot area: 4,000 square feet. (2) One single-family dwelling shall be permitted per lot. Multiple dwellings. ���cx��. t��u " �. _ __.�' —�� _ � !� - - - - - -�r__ shall be permitted based on the density standards in subsection of this section. Ordinance—Amending PMC—25"Zoning"-31 (3) Density: :��ll deve' i� - ��' —:' ��� ,�i�� I ��,��� llensity, - � � n� = one dwelling unit per 4,000 square feet of lot area�;re uired for single-family dwellings and 1,500 square feet of lot area �___ for multiple-� dwellings, �� - - �'�--–- --- --�' – `� �� rtrrlc��:�� and ;�e€ zero-lot-line �tweYi�ii�s, t����E�� a� prv��iaeu ���r������ ���.161. (4) Lot coverage: W �� (a) tiin�le-familv attached: 60a�ercent. b Multi le dwellin=s du lexes two famil dwellin s tri lexes court �ard at�artment�s. and zero lot line �wellin�s: determined b�?arkin� and setback rec�uirements. (5) Minimum Yard Setbacks. (a) Front: 20 feet. (b) Side: Five feet, except in zero-lot-line developments in which case no side yard setback is required from the common lot line(s), i������i�led th�� r�rr����inir�� �ic1c�����rcl� ��rr ai le�i`i 1 c) �tet eacli (c) Rear: Principal building: Equal to the height of the dwelling. Accessory structures: Accessory structures adjacent to an alley may be placed on the alley line provided there are no openings in the wall �,_ to the alley. Garages with vehicle doors _ �_ to an alley shall be set back from the alley 20 feet. Where there is no alley, the setback shall be five feet. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least 10 feet from any property line, may not exceed six feet in height and 30 square feet in size, and must be located behind the rear line of the dwelling. Rabbit hutches and/or chicken coops adjacent to an alley may be placed within five feet of the alley line provided there are no openings in the wall � ���cnt to the alley. Property owners shall not allow such structures to become a nuisance due to noise or odor. (6) Maximum Building Height. (a) Principal building: 45 feet, except a greater height may be approved by special permit. (b) Accessory buildings: 15 feet. (7) Fences and hedges: See Chapter 25.180 PMC. (8) Parking: See Chapter 25.185 PMC. Ordinance—Amending PMC—25 "Zoning"-32 (9) Landscaping: See Chapter �.180 PMC. � (10) Residential design standards: See PMC 25.165.1U0. [Ord. 4456 § 2, 2019; Ord. 4445 § 4, 2019; Ord. 4110 § 16, 2013; Ord. 4040 § 9, 2012; Ord. 4036 § 19, 2011; Ord. 3731 § 18, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.38.050.] Section 12. That a new Chapter 25.161 entitled "Accessory Dwelling Units" of the Pasco Municipal Code shall be and hereby is created and shall be read as follows: Cha��ter 25.161 ACCESSORY DWELLING UNITS. Sections• 25.161.010 Purpose. 25.161.020 Permitted locations. 25.161.030 A lication and ermit rocedures. 25.161.040 Development Standards. 25.161.010 Purpose. This chagter establishes the standards for the location and development of accessory dwellin�units (ADUs}. The purpose of ADUs is to create new housin�units while respectin� the aesthetics and character of existin residential nei borhood develo ment. The can increase the housin stock of existin r nei 7hborhoods in a manner that is less intense than alternatives. ADUs allow more efficient use of existin�7 housin� stock and infrastructure and provide a mix of housin� that responds to changin f�v needs and smaller households. 25.161.020 Permitted locations. ADUs are ermitted in all residential zonin 7 districts on all arcels containin=le 7all conformin> sin,�le-familv homes, or where such homes are permitted. 25.161.030 A�plication and permit procedures. ADUs shall be ermitted uses within the zonin districts s ecified in 25.161.020 and shall be rocessed ministeriall or administrativel without ublic hearin exce t where such ADUs are re uested in con'unction with a subdivision or short lat a lication. In such cases the ADUs shall be processed in coniunction with the underlvin�plat or short plat application as otherwise required bv Title 21 PMC. (1) An�propertv owner seekin�;to establish an ADU must submit an official a�aplication on a form provided bv the Citv and obtain all necessarv buildin�ermits occupancvi certificates from the Department of Communitv & Economic Development. Ordinance—Amending PMC—25"Zoning"-33 (2) A lications for ADUs must demonstrate that the ro osal com lies with all develo ment desi�n, and review standards of this Chapter, Title 25 PMC, and anv other a�plicable law. 25.161.040 Development standards. All ADUs,both new construction and conversion,must conform with the following requirements: (1) Number of ADUs per parcel. A maximum of one attached or one detached ADU are ermitted on residential arcels with le all ermitted and conformin sin le-famil dwellin s rovided that all the re uirements of the PMC and a licable develo ment re=ulations are met. (2} Density. ADUs are exempt from the residential densitv standards of this code,due to their small size and low occupanck 3 Occu anc and use. (a) Occu}�ancv of ADUs shall be reserved for residential uses onl� b Occu anc of ADUs shall be used for lon=-term residential u oses and ma not be used for transient occu anc or short-term/vacation rental u oses. Persons residin r in ADUs shall live in such residences for longer than 180 daYs each calendar •� f c} Use of ADUs for uses outside of the permitted uses of this code shall be reported and enforced b the Pasco Code Enforcement Hearin s Board. d ADU ermits shall not be ermitted for an sin le-famil residences or lots which are in violation of anv a�plicable section of this code, includin�nonconformin�structures or uses. The City retains discretion to require an inspection of the primarv residence b� state licensed buildin� inspector in conjunction with an ADU permit a�plication if it has reason to believe code violations exist. [4) Parking. Off-street parking is not required. (5? Desiti;n. The desi�n of the ADUs shall be complementarv to the design of the principal dwellin�,or ap�licable Residential Desi�n Standards of PMC 25.165.100 bv use of the compatible exterior wall materials, window tvpes, door and window trims, roofin�materials and roofpitch. [a) Placement. ti) Attached ADUs shall present the overall appearance of the structure as an individual sin�le-familY residence. ii Detached ADUs shall be located to resent a less dominant focus than the rinci al dwellin and shall be in a manner that clearl indicates it is an accesso structure to the principal dwellin� Ordinance—Amending PMC—25"Zoning"-34 b Unit size. The size of the ADUs shall not exceed 1 000 s uare feet or 55% of the total square foota�e of the primarv residence or dwellin�, whichever is less. c Unit hei t. The maximum hei 7ht of the ADU shall be no taller than that of the principal dwellin�or 25 feet, whichever is less. d Setbacks for new construction detached ADUs. i The side and rear ard setbacks of the underl in residential zonin 3 district shall abplv. (ii) The minimum distance between habitable structures(principal dwellin�and accessory dwelling} shall be 10 feet. �iii) The minimum distance between a habitable structure and non-habitable structure (sheds, �ara es, etc.) shall be 6 feet. e Rear ard covera e. A detached ADU shall occu no more than 60% of the rear vard as defined in PMC 25.175.020. [�� Location of entrances. (i) The location of entrances for detached ADU may be oriented towards the primarv dwellin,�but shall not be oriented to face an existin�, nei�hborin� propert� (ii1 The main entrance for detached accessorv dwellin�, units shall be located no closer than 15 feet from the side vard propertv line. 7 Exterior finish. Exterior finish materials must visuall com lement in t e size and placement the exterior finish materials of the primarv dwellin�. �h) Roof pitch. The roof pitch of the accessory dwellin� must be the same as the �redominant roof pitch of the primary dwellin� (i) Windows. i If the street-facin fa•ade of the ADU is visible from the street its windows must match in �ro ortion and orientation the windows of the rima dwellin . (ii) Second-story windows within 10 feet of the propertv_line shall be constructed to reduce direct views into the nei�:hborin�, propertv. Methods to do so include clerestorv windows and semi-translucent �lass and shall be included on the application and approved bv the Denartment of Community and Economic Development. Ordinance—Amending PMC—25"Zoning"-35 � Access and walkwavs. (i) A separate walkway must be provided for all detached accessorv dwelling units. ii Walkwa s must be a minimum of 3 feet wide and made of an a� roved material. (iii) Walkwav materials must be distinct from any adjacent vehicle areas and ma function as a shared drive/walk s ace alon an exterior ed e of a drivin surface. (k) Addressin�. Accessorv dwelling units must have a�Uroved clear addressin�=,visible from the street. If the accessory dwellin�is not visible from the street,an approved address, directional notation shall be uniform in location size hei ht and wordin J com 1 in j with the Fire Buildin and Munici al Code and must differentiate the rima dwellin= from the ADU and must be visible from the main access point to the propert� (6) Additional buildin�and utilitv standards. The followin�set of standards are a�plicable to all new and un ermitted constructed detached ADUs. An re ulation not listed shall default to the provisions of the applicable building requirements of the Pasco Municipal Code. (al Construction requirements. ADUs must com�iv with the Citv of Pasco's Building Code(PMC Title 16) and all other refenced standards. b Fire se aration desi> . The location of all ADUs must com 1 with the re uired se arated distances of the Cit of Pasco's Buildin Code PMC Title 16 and all referenced standards. (c1 Fire s rinkler. A fire sprinkler system shall be required for anv ADU_that exceeds the maximum allowed distance to a fire hvdrant. id) Additional standards for attached ADUs. (i) Attached ADUs shall be constructed with a fire separation in accordance with the City of Pasco's Buildin� Code (PMC Title 16} and all referenced standards. (ii) An licants mav consider the followin alternatives from the above if documentation meets all three 3 criteria below er Washin =ton State Amendments to the IRC: a. The ADU is constructed within an existin� dwellin J unit. This requires the unit to have an approved doorway between each area or stairwav allowing interior access from the primarv dwelli�to the accessorv Ordinance—Amending PMC—25"Zoning"-36 dwellin� to have a connection with enclosed spaces and provide the apt�earance as one common dwellin�,. b. Either the accessorv dwellin�, unit or prima� dwellin� unit is owner-occupied. This will require recordin�;on title of an owner occupancy_ a�reement to assure proper use now and with potential future ownershin. c. All required smoke alarms in the accessorv dwelling unit and the primarv dwelling unit are interconnected in such a manner that the actuation of one alarm will activate all alarms in both the primarY dwelling unit and the accessorv dwellin unit. (iii) If an existin�ADU is modified to not be owner occupied, then permits are re uired to modi` and/or veri f construction meets the standards referenced above. (e) Utilities. i Utilit lines and im ervious surfaces must be identified on re uired site plannin�documents. ii Site develo ment considers all accesso dwellin s to be accesso structures and ri�;ht-of-wav improvements are onlv necessary to address impacts created bv the development. Requirements may include restoration for new or u raded utilities includin modifications to drivewa or curb access. Future conversion or chan�e of uses will require fronta�e improvements as a�plicable throu�;h PMC 12.36.050. iii Sanita sewer and surface water services shall be built and ermitted as required in the Citv of Pasco Standards and Specifications. [fl Le�:alization of nonconformin�accessory dwellings. i ADUs existin f �rior to the enactment of these re uirements which were not lawfullv established at the time of construction,maY be found to be legal if the propertv owner applies for an ADU buildin��ermit and brin�s the unit up to the minimum buildin re uirements of Title 16 and this Cha ter. Owners of such ADUs shall be subiect to the enforcement provisions as administered throu��,h the Pasco Code Enforcement Hearin�,s Board. It shall be �rima facie evidence of a violation of this Chapter if the City establishes,b,�preponderance of the evidence, that the existin� ADU is unpermitted. This mav be rebutted bv evidence establishin�that a permit was not required at the time of construction. Ordinance—Amending PMC—25"Zoning"-37 (ii} ADUs lawfullv established prior to the enactment of these requirements shall be considered a lawful nonconforming structure subject to PMC 25.170. t�;} Subdivision of propertv. � A detached ADU may remain on a lot or parcel where no main building exists when in event the main structure on a lot is damaged or for other reason, is required to be removed. �ii� If a property with an existing sin�le-famil, dwellin�, and an ADU is subdivided with a result that the ADU is on a separate property,then the ADU must either be converted to a sin;�le-family dwelling which complies with all re uirements for sin�le famil dwellin s and which ma include fronta e improvements for the change of use, or permits for construction of a new single- family dwelling must be submitted on the site where the ADU exists. Section 13. That Section 25.165.040 entitled "Accessory dwelling units," of the Pasco Municipal Code shall be repealed in its entirety. �,,,,..,;r,� ,. .,a;+;,.��. i» n� „ r.,,.�,,.,o„�,,, .�.o ao.,o�,,,,�a�.,� „ :�+;�,� „ �;ao�,.o. ,.,.o��,,,... „ ., o 0 . ,.r _==`_`'--J "r"-'---=--------J -= --"- -'--r-'-- --- ---- -"---'---o -- --=-- --"'----"---'-'� ti.o ao4n..ti.�..a ; «�-..�.,v. 1�1.e v. ..n� �c.�o��.r.re• o ' � n 4L.o,�, ,-.4rn,-.`.o i.���o�.:�o��.r�n• o ' 4.: .. t.oa.- �; 7 ) Qnn � o-�o�• � «� n�o �t�e~^��t�e���Eo �� �c i Qc nznin�. . . , r^7� nr� ,7..,011:,,,.,,., ,��l.a „ oa f,-o .�t,�,,,,,,,tl,� „��t,o, o ..........,�b.......,., �... .,...,�� ......::"1..:..... .... .,.b.... ....,�....., .,� ....., �.,�:� Ordinance-Amending PMC-25"Zoning"-38 � � �����reE�e��e ����e�Ee��-�e�e}���c�e�e��e�}-e���:::�:�,�'. � � � � ��... ,.�; „��o „�• „�„ , a, o>>; o n� . ; , „ -. r�� � -r ,. � . 'S ln(1�41. r�- �_. �ri-r, . ,- -,�, r,_,n , • �it-� ._. . �., �e� Section 14. That Chapter 25.215 entitled "Comprehensive Plan" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: Chapter 25.215 COMPREHENSIVE PLAN Sections: 25.215.010 Adopted. ��.�?l�.(Il� �`�,n7��r� - - i:in 1<7i��� _ 25.215.020 Comprehensive Plan amendment. 25.215.010 Adopted. The Yasco Com 3rehensive Plan is a statement c�f �oals and 3olicies that outline the communit 's vision for the future. The Plan Tuides cit decisions on how to address ra id o ulation �rowth and housin�;, land-use, transportation, natural and built environment, economic o�portunities and where to make capital investments aimed at improving our communitv's qualitv of life. The Pasco Comprehensive Plan DensitY Table is hereb. iy ncorporated herein as adopted in PMC 25.215.015 as the �ross densitv standard for the development and redevelopment of lands within the City of Pasco Urban Growth Area. Tl� !�' l� o D7.,.� ..��l�o (��+�. ..�D.��.l... :�.f�r.r* �FV�li�mo i .. ..4.,:.�:�... «..1:.+�0�, .,.�.] .,� :.,..U.U�...b ..� . .,........ . .....,�.x......b i,.,...,...., ...... .,1� .,,�,a �T..l,,,,�o TT .. ,.�,,;,�;,�.. � .,,-f;,�n�nf�_a� .,,a,..��0,7 1,... ('';+../1,..7;.,�,�,.o T�T., 21 11�1 ;� J J � Ordinance-Amending PMC-25"Zoning"-39 , ' , ` ` ' `" m - " ' ' [Ord. 3354 § 2, 1999; Code 1970 § 25.92.010.] 25.215.015 Comprehensive Plan Densit�� Table. Maximum ross densit of an ro osed develo ment within an zonin district ex ressed as dwellin units per acre, shall be no less than the correspondin�minimum density expressed in this section and no �.�-eater than the correspondins;maximum density expressed in this section, excent as ��rovided in PMC 25.161. Classification Puc ose and Descri ion Zonin All Zonin�Districts. Onen S�ace/ Land where develo m n will e severel � _(nevelopment of park� Parks restricted: �ark 1 nds.trails and critical areas �Tld recreation faciliti�s re uires s eci 1 ermit re i w Low Densitv Single fami���rc:sidential develo��ment at a R-S-2 • R-S-12• Residential densiry of 2 to 5 dwelling units per acre K-S-1: R-1; R-1-A: K-1-112 Medium Densitv Single-familv dwellings, patio homes, Residential townhouses,apartments,and condominiums at a R-2 througll R-4; RP densit of 6 to 20 dwellin units �er acre. High Densitv Multi�le unit apartments or eoiidominiums at�a Residential density 21 units per acre or more K � Allow a combination of mixed-use residential and commercial in the same development. Mixed Single-familv dwellings, patio homes. �Z-1 throu�h R-4: Resi ential/ townhouses a artments and condominiur7�s at a �_� �nd 0: Waterfront t:ommerci�l density of 5 to 29 dwelling units per acre. Nei hborhood sho in and s ecialt centers � business arks service and offic u s Neighborhood.communiry and regional p. gpi G1• G2; C-3; CR Commercial sho�ping and specialty centers.business�arks, service and office uses Manufacturing,food processing.stQr��,e and Industrial Wholesale distribution of equipment and I-1; I-2; I-3 roducts hazar ous ma erial stora e and trans ortation related facilities Bv S�ecial Permit in all Public arid Schools.civic centers, fire stations and other districts (except I-3 which Quasi-Public �ublic uses has various restrictions Air ort Reserve Land occu�ied bv the Tri-Cities Air ort I-1 Ordinance-Amending PMC-25"Zoning"-40 Classification P r ose an D scri ion Zonin Transition lands owned and presently managed bv DNR for natural resource production, llNR Keserve Characteristics include,but are not limited to. I_1 �roximity to urban-txpe development,road and utili infrastructure and market demand. Medium-Hi�h Broadmoor Onl � sin le-famil dwellin units Densi townhouse condom' ' nd multi-famil • 8- MHDR Residential 15 dwellin u � r r Mixe�U�� Broadmoor Only: along I-182 corridor; Interchan�e commuter services.technology and resource MU-I b siness arks office and retail uses Broadmoor onl •t w multi-famil Mixed Use develo ments ne' or rocers markets Nei�hborhood and drug stores�v�rtically integrated buildintis, R�U-N live-work s�aces and other nei,�hborhood scale offices nd uses Broadmoor onlv; �eneral retail o��erations and Mixed Use shops.grocerv stores. residential aboYe MU-R Regional commercial/office,high-densit�residential, dinin entertainment ses Office Broadmoor onlv; nrofessional office and 0=1 er nal services resource centers 25.215.020 Comprehensive Plan amendment. (1) Purpose. The purpose of this chapter is to set forth the criteria and procedures for reviewing and evaluating proposed amendments to the City's Comprehensive Plan consistent with the requirements of the State Growth Management Act. (2) The Growth Management Act (GMA) requires that comprehensive plans be subject to continued review and evaluation and that any amendments or revisions to the comprehensive plan conform to the requirements of Chapter 36.70A RCW and that any changes to development regulations or official controls are consistent with and implement the comprehensive plan (RCW 36.70A.130(2)). (3) Types of Comprehensive Plan Amendments Defined. (a) "Periodic Comprehensive Plan amendmenY' means a modification to the City of Pasco's Comprehensive Plan, including, but not limited to, a text amendment, change to the comprehensive plan designations map or urban growth area amendment, and which occurs during any annual or other periodic review of public and private comprehensive plan amendment proposals. Ordinance—Amending PMC—25"Zoning"-41 (b) "Comprehensive Plan element amendment" means a proposed change or revision to any of the required elements of the Comprehensive Plan such as the Land Use, Transportation, Housing or Capital Facilities Elements. (c) `Bmergency amendment" means any proposed change or revision to the Comprehensive Plan that arises from a situation that necessitates expeditious action to preserve the health, safety or welfare of the public, or to support the social, economic or environmental well-being of the City. Emergency amendments may be reviewed and acted upon outside the annual amendment review cycle. (4) Initiation. Comprehensive Plan amendments may be initiated by any of the following: (a) Property owner(s) or their representatives within the urban growth area; (b) Any citizen, agency, neighborhood association or other party within the urban growth area; or (c) City Council or City staff. (5) Applications. Applications for Comprehensive Plan amendments shall be made on forms provided by the City. (6) Application Submittal. (a) Applicant Initiated. Comprehensive Plan amendments shall be subject to a fully complete determination pursuant this chapter. The date upon which the City makes a fully complete determination shall be the date of registration with the Department of Community and Economic Development. (b) Applicants are required to utilize the City's pre-application meeting process prior to submitting a Comprehensive Plan amendment application. (c) Non-Applicant-Initiated. After submittal of a non-applicant-initiated application, the application shall be placed on the docket. (d) Docket of Comprehensive Plan Amendments. The Department of Community and Economic Development shall establish and maintain a docket of all complete applications. (7) Annual Review of Docket. (a) Sixty days prior to May 1 st in each calendar year, the City shall notify the public that the amendment process has begun. If May 1 st falls on a nonbusiness day for the City, the due date shall be the first business day after May 1 st.Notice shall be distributed as follows: (i) Notice published in appropriate regional or neighborhood newspaper or trade journal; Ordinance—Amending PMC—25"Zoning"-42 (ii) Notice posted on the City's website; and (iii) Notice sent to all agencies, organizations and adjacent jurisdictions with a known interest. (b) All complete applications shall be docketed and reviewed concurrently, on an annual basis and in a manner consistent with RCW 36.70A.130. (i) Complete applications received after May 1 st of the previous calendar year and before May 1 st of the current calendar year shall be included in the annual review. Those received after May 1 st of the calendar year sha11 be placed on the docket for review at the following annual review. (ii) City Council Review of Docketed Requests. After the May 1 st deadline, City staff will present the docketed requests to the Planning Commission (Commission) for review and a recommendation. The Commission's recommendation shall be forwarded to the City Council (Council) as soon as practical for Council review. The Council shall determine which specific docketed requests are processed based on the following criteria: (A) Timing of the requested amendment is appropriate, and Council will have sufficient information to make an informed decision; (B) The City will be able to conduct sufficient analysis, develop policy and related development regulations; (C) The requested amendment has not been recently rejected by Council; (D) The amendment will further implement the intent of the City's adopted Comprehensive Plan or the Growth Management Act; (E) The amendment is not better addressed through another planning process. (iii) Statutorily Mandated Periodic Review. Amendment requests will not be docketed for review the year of and the year prior to the deadline for completion of the periodic review.The deadline for completion of this review is specified in RCW 36.70A.130. (iv) Emergency Amendments. The City may review and amend the Comprehensive Plan when the Council determines that an emergency exists or in other circumstances as provided for by RCW 36.70A.130(2)(a). Ordinance—Amending PMC—25"Zoning"-43 (8) Notice of Open Record Hearing. Comprehensive Plan amendments require an open record hearing before the Commission. (a) Contents of Notice. A notice of open record hearing shall include the following: (i) The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision; (ii) A statement of how the proposal would change the affected provision; (iii) A statement of what areas, Comprehensive Plan designations, zones, or locations will be directly affected or changed by the proposal; (iv) The date, time, and location of the open recard hearing; (v) A statement of the availability of the official file; and (vi) A statement of the right of any person to submit written comments to the Commission and/or appear at the open record hearing of the Commission to give oral testimony on the proposal. (b) Distribution of Notice. The Department shall distribute the notice pursuant to notification requirements of the Pasco Municipal Code. (c) Approval Criteria. The City may approve Comprehensive Plan amendments if it finds that: (i) The proposed amendment bears a substantial relationship to the public health, safety, welfare, and protection of the environment; (ii) The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the City's adopted Comprehensive Plan not affected by the amendment; (iii) The proposed amendment corrects an obvious mapping error; or (iv) The proposed amendment addresses an identified deficiency in the Comprehensive Plan. (9) Additional Factors. The City must also consider the following factors prior to approving Comprehensive Plan amendments: (a) The effect upon the physical environment; (b) The effect on open space and natural features including, but not limited to, topography, streams, rivers, and lakes; Ordinance-Amending PMC-25"Zoning"-44 (c} The compatibility with and impact on adjacent land uses and surrounding neighborhoods; (d) The adequacy of and impact on community facilities, including utilities, roads, public transportation,parks, recreation, and schools; (e) The quantity and location of land planned for the proposed land use type and density and the demand for such land; (� The current and projected project density in the area; and (g) The effect, if any, upon other aspects of the Comprehensive Plan. (10) Planning Commission Recommendation—Procedure. Following the open record hearing, the Commission shall consider all applications concurrently, and shall prepare and forward a recommendation of proposed action for all applications to the Council. The Commission shall take one of the following actions on each application: (a) If the Commission determines that any proposal should be adopted, it may, by a majority vote,recommend that the Council adopt the proposal.The Commission may make modifications to any proposal prior to recommending the proposal to Council for adoption. If the modification is substantial,the Commission must conduct an open record hearing on the modified proposal; (b) If the Commission determines that the proposal should not be adopted, it may, by a majority vote,recommend that the Council not adopt the proposal; or (c) If the Commission is unable to take either of the actions specified in subsection (10)(a)or(10}(b)of this section, the proposal will be sent to Council with the notation that the Commission makes no recommendation. (11) City Council Action. Within 60 days of receipt of the Commission's findings and recommendations, the Council shall consider the findings and recommendations of the Commission concerning the applications.The Council may hold additional public hearings as necessary to make a decision. All annual amendments to the Comprehensive Plan shall be considered concurrently. By a majority vote of its membership, the Council shall take one of the following actions on each application: (a) Approve the application; (b) Deny the application; or (c) Modify the application. If the modification is substantial, the Council must either conduct a public hearing on the modified proposal; or refer the proposal back to the Commission for further consideration. Ordinance—Amending PMC—25"Zoning"-45 (12) Transmittal to the State of Washington. At least 60 days prior to final action being taken by the Council, the Washington State Department of Commerce shall be provided with a copy of the proposed amendments in order to initiate the 60-day comment period. No later than 10 days after adoption of the proposal, a copy of the final decision shall be forwarded to Department of Commerce. (13) Comprehensive Plan Element Amendments. (a) Amendments to any of the required elements of the Comprehensive Plan as defined in RCW 36.70A.070 shall be initiated by resolution approved by a majority vote of the City Council. (b) The City Council shall consider the amendments, conduct a public hearing on the amendments and adopt the element by ordinance. (14) Emergency Comprehensive Plan Amendments. (a) Emergency amendments,'as defined in this chapter, shall be initiated by resolution approved by a vote of the Council upon a finding that a situation exists that necessitates expeditious action to preserve the health, safety or welfare of the public; or to support the social, economic or environmental well-being of the City. (b) Emergency amendments so initiated shall be forwarded to the Director who shall immediately begin processing the initiated amendment in the manner set forth for the processing of annual Comprehensive Plan amendments. (c) Appropriate public notice and an opportunity for public comment, as determined by the nature of the emergency, must precede the adoption of emergency amendments to the Comprehensive Plan. [Ord. 4526 § 5, 2021; Ord. 3354 § 2, 1999; Code 1970 § 25.92.020.] Section 15. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Ordinance—Amending PMC—25 "Zoning"-46 PASSED by the City Council of the City of Pasco, Washington, this 24�' day of January, 2022. � c e ' � i'U T q �/(� w (��t�/1 Mayor P�o--�--e,,,, � � ATTEST: APPROVE AS TO FORM: �� �� Debra Barham, CMC Kerr F > n a LC City Clerk City o y Published� � Z'��Zc>Z21 Ordinance—Amending PMC—25"Zoning"-47