Pasco City Zoning Code
25.200 Special
Permits
25.200.010 General provisions.
Unclassified uses enumerated in PMC 25.200.020, conditional uses listed within each district, and any other uses specifically referred to in this chapter shall be subject to the regulations contained in this chapter, in addition to all applicable requirements of this title. All such uses, due to their nature, are deemed to require special review to consider, on a case-by-case basis, their impacts on adjacent uses, uses within the vicinity, and the infrastructure which would serve them. Conditional uses and other uses specifically referred to in this chapter may be permitted only in their respective districts. Unclassified uses may be permitted within any district where not otherwise prohibited. [Ord. 4110 § 30, 2013; Ord. 3354 § 2, 1999; Code 1970 § 25.86.010.]
25.200.020 Unclassified uses.
The following uses shall be considered unclassified:
(1) High schools, colleges, universities, vocational schools, business colleges and other similar academic or skills training facilities or institutions not heretofore permitted within any district;
(2) Cemeteries, crematories, mausoleums, and other places of burial or interment of remains;
(3) Churches;
(4) Community service facilities, levels one and two, as defined in PMC 25.15.050;
(5) Airports, heliports, or any other landing or maneuvering space for aircraft, together with terminals and other customary facilities accessory to the unclassified use;
(6) Golf courses, pitch-and-putt courses, miniature golf courses, water parks, sports complexes, riding stables, and similar facilities for public, private or membership use;
(7) Monasteries, convents or other functionally similar facilities;
(8) Landfills, garbage dumps, and resource recovery facilities;
(9) Off-site parking lots, except those required for a residential use, provided such parking area is not more than 500 feet from the building;
(10) Electrical substations and load transfer stations, natural gas booster stations, and other similar utility facilities;
(11) Park-and-ride lots, off-street transfer stations or other similar facilities involving the storage, start-up, idling and movement of public or privately operated carriers, charter or transit buses, vans, and similar vehicles; and
(12) Agricultural use (commercial), except in areas 1,000 feet from a residential zoning district, subdivision or dwelling unit. [Ord. 4110 § 30, 2013; Ord. 3514 § 7, 2001; Ord. 3354 § 2, 1999; Code 1970 § 25.86.020.]
25.200.030 Historic places.
A special permit for the preservation by adaptive re-use of an historic place accepted on the National Register of Historic Places may be requested for uses not otherwise permitted within the applicable district:
(1) A special permit granted under this section is personal to the applicant and shall permit only the applicant to exercise the adaptive re-use authority, and shall not be assigned, transferred, conveyed or passed to heirs or beneficiaries of the applicant’s estate; and
(2) Each applicant granted a special permit shall be required to substantially preserve the intrinsic qualities of the historic place which led to its acceptance on the National Register of Historic Places. Prior to issuance of any building permits, the City may consult with the Washington State Office of Archaeology and Historic Preservation to ensure compliance with this requirement. [Ord. 3354 § 2, 1999; Code 1970 § 25.86.025.]
25.200.040 Temporary uses.
A temporary special permit for any use not otherwise permitted within the applicable district may be approved by the City Council; provided, that such use is clearly of a temporary nature and does not involve the erection of a permanent structure. Requests for temporary special permits shall be applied for and processed in the same manner as herein established for uses requiring a special permit, including such conditions as will safeguard the public health, safety and general welfare for the duration of the permit. This section shall not apply to temporary structures permitted under PMC 25.165.190. [Ord. 3465 § 2, 2001; Ord. 3354 § 2, 1999; Code 1970 § 25.86.030.]
25.200.050 Agricultural uses.
(1) Commercial agricultural uses listed as conditional or unclassified uses in this title shall conform to the following prior to the issuance of a special permit:
(a) Special permits for agricultural uses (commercial) may be granted for tracts of land or combination of adjoining tracts of land 10 acres or more in size within 1,000 feet of a residential zoning district, subdivision or a dwelling unit, excluding dwellings associated with agriculture uses.
(b) The applicant for a special permit shall be required to submit a conservation plan approved by the Farm Service Agency. [Ord. 4110 § 30, 2013; Ord. 3354 § 2, 1999; Code 1970 § 25.86.035.]
25.200.060 Application requirements.
Applications for special permit shall include the following:
(1) Present use of the land and structures, if any;
(2) Detailed description of the proposed use;
(3) Description of any existing zoning ordinance violation;
(4) A site map or plan drawn neatly and to scale, showing the following:
(a) Exterior property lines and any adjacent public street or alley rights-of-way;
(b) Existing and proposed buildings and other structures;
(c) Existing and proposed points of ingress and egress, drives and driveways and circulation pattern;
(d) The location of existing and proposed parking areas with each parking space shown;
(e) Existing and proposed open spaces and landscape areas;
(5) The property owner’s notarized signature acknowledging the application; and
(6) Any other pertinent information that may be necessary to determine if the use meets the requirements of this title. [Ord. 4110 § 30, 2013; Ord. 3354 § 2, 1999; Code 1970 § 25.86.040.]
25.200.070 Public hearing required.
Upon the filing of a complete application for a special permit, the application shall be scheduled for a open record hearing before the Hearing Examiner. Notice of such open record hearing shall be given as provided for in PMC 25.210.040, except that in the case of commercial agricultural uses, the notification distance shall be increased to 1,000 feet. The open record hearing may be continued as deemed necessary by the Hearing Examiner, provided the applicant consents to any such continuance. In the event the applicant does not consent to a continuance, the Hearing Examiner shall close the public hearing and render a decision in accordance with the provisions of PMC 25.200.080. [Ord. 4433 § 9, 2019; Ord. 3354 § 2, 1999; Code 1970 § 25.86.050.]
25.200.080 Findings of fact by Hearing Examiner.
Upon conclusion of the open record hearing, the Hearing Examiner shall make and enter findings from the record and conclusions thereof as to whether or not:
(1) The proposal is in accordance with the goals, policies, objectives, maps and/or narrative text of the Comprehensive Plan;
(2) The proposal will adversely affect public infrastructure;
(3) The proposal will be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity;
(4) The location and height of proposed structures and the site design will discourage the development of permitted uses on property in the general vicinity or impair the value thereof;
(5) The operations in connection with the proposal will be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district; and
(6) The proposal will endanger the public health or safety if located and developed where proposed, or in any way will become a nuisance to uses permitted in the district. [Ord. 4433 § 9, 2019; Ord. 3354 § 2, 1999; Code 1970 § 25.86.060.]
25.200.090 Supplemental findings of fact and conclusions by Hearing Examiner for shops/garages.
In addition to making and entering conclusions from the record for special permits based on the criteria in PMC 25.200.080 the Hearing Examiner shall consider the following for special permits dealing with increased heights and/or floor area for detached shops and garages:
(1) Will the shop/garage match the principal structure in design and exterior treatments such as roofing materials, siding, color, window and door openings, eave overhangs, fenestrations and other architectural features;
(2) Will the existing topography and elevation of the site and surrounding property exacerbate or attenuate the height of the proposed shop/garage;
(3) Will the proposal include landscaping features or berms to ameliorate the height and/or floor area of the shop/garage;
(4) Will the shop/garage be erected on the property utilizing minimum setbacks;
(5) Is the site larger than the minimum lot size requirement for the zoning district. [Ord. 4433 § 10, 2019; Ord. 4144 § 8, 2014; Ord. 4110 § 30, 2013; Code 1970 § 25.86.065.]
25.200.100 Recommendation of Planning Commission.
Repealed by Ord. 4433. [Ord. 3354 § 2, 1999; Code 1970 § 25.86.070.]
25.200.110 Appeal – Filing requirements.
Repealed by Ord. 4433. [Ord. 3354 § 2, 1999; Code 1970 § 25.86.080.]
25.200.120 City Council consideration.
Repealed by Ord. 4433. [Ord. 3354 § 2, 1999; Code 1970 § 25.86.090.]
25.200.130 Effective date.
Repealed by Ord. 4433. [Ord. 3354 § 2, 1999; Code 1970 § 25.86.100.]
25.200.140 Expiration.
Unless otherwise specified within the special permit, the applicant shall commence the special use authorized or obtain a building permit for construction of authorized facilities within the time period specified in the approved special permit, or the special permit shall expire. In the case of temporary special permits, unless otherwise specified within the permit, the permit shall expire after six months from its effective date. Within 30 days after the date of expiration, the applicant shall have removed from the premises the temporary use and any improvements of a temporary nature authorized by the permit. [Ord. 4110 § 30, 2013; Ord. 3354 § 2, 1999; Code 1970 § 25.86.110.]
25.200.150 Extensions.
The Hearing Examiner may grant a one-time extension without a public hearing, provided the extension does not exceed six months and an application for extension is submitted to the Hearing Examiner no later than 30 days prior to the expiration date of the special permit. This provision does not apply to temporary special permits. [Ord. 4433 § 15, 2019; Ord. 4110 § 30, 2013; Ord. 3354 § 2, 1999; Code 1970 § 25.86.120.]
25.200.160 Revocation of permit.
Any special permit may be revoked by the Hearing Examiner if, after a public hearing, notice of which shall be given in accordance with PMC 25.210.040, it is found that the conditions upon which the special permit was authorized have not been fulfilled or if the use authorized has changed in size, scope, nature or intensity so as to become a detriment to the surrounding area. [Ord. 4433 § 16, 2019; Ord. 3354 § 2, 1999; Code 1970 § 25.86.130.]