HomeMy WebLinkAbout3094 MLMC 15 Amend Final with Exh 1-4
Page 1 of 49
Exhibit 1
Chapter 13.15
WATER RIGHT TRANSFERS
Docket No. 22. Amendment to 13.15.040 water right transfers at time of Building Permit exemptions for ADU and reduction for duplex to fourplex.
13.15.040 Building Permits:
Proposed Amendment
(Previous section remains unaltered)
Upon application for a building permit that involves the providing of municipal water service
by the City, the applicant shall transfer water rights associated with the property to the City,
subject to the provisions in Section 13.15.080. Alternatively, at the election of the City, the applicant and City may enter into an agreement to transfer the water rights to the City at a
later time. The purpose of this deferment provision is to accommodate potential delays encountered in the process to transfer the water rights to the City, or the continued use of the
water rights associated with uses in existence at the time of the application and anticipated
to continue until further development of the property that is the subject of the application. As part of the agreement, the City may require: (A) the applicant to acquire adequate water rights
and transfer the same to the City, and/or (B) the applicant to deposit an amount of money into the City water fund not to exceed the payment in lieu of transfer provided in Section 13.15.050,
which sum is refundable, without interest, in the event there is a successful transfer of water
rights pursuant to the agreement referred to herein. As part of the determination made pursuant to this section, the City shall take into consideration, and may provide appropriate
credit to the applicant, if the property identified by the applicant in the action triggering the application of this chapter has previously complied with the provisions of this chapter and:
(1) water rights associated with said property were previously conveyed to the City, or (2) a
payment in lieu was made by the applicant to the City and the funds have not been refunded
by the City. The calculations of transfer water rights shall be applied to development per
Equivalent Residential Unit (ERU) and will be transferred or payment in lieu of transfer at a minimum ½ (one half) ERU. Fractions shall be rounded up to the nearest full or ½ unit. The
City may hold and/or reserve ERU credit for an existing City ERU attached to the property. This
reservation is at the sole discretion of the City.
(Subsequent section remains unaltered)
Page 2 of 49
Chapter 16.02
BUILDING PERMITS
Docket No. 21. Amendments to strike 16.02.040 and16.02.110. Amendments to 15.705
Community Design Standards and 15.710 Project Design Standards to add extension / connection requirements for water, sewer and stormwater with exemptions and processing a
(DA). Amendments to 15.705, 15.710, and/or 15.305.020 Lot of Record Determination to add
allowance of building permit on unplatted property with existing infrastructure meeting City standards.
Chapter 16.02 Building Permits
Proposed Amendment
(Previous section remains unaltered)
16.02.040 Reserved (Subsequent section remains unaltered)
(Previous section remains unaltered)
16.02.110 Reserved(Subsequent section remains unaltered)
Page 3 of 49
Chapter 15.105
DEFINITIONS
Docket Numbers varied and No. 6. Amendment to 15.105.009 “Industry, Heavy” match number
and add “primary” Docket No. 35. Amendment to Chapter 15.105 to add “environmental and/or industrial cleanup” to Light Industrial definition.
15.105.003 C Definitions:
Proposed Amendment
(Previous definition remains unaltered)
“Casino, mini” means a business which provides gambling and gaming as a source of its
revenue, which may include food and beverage sales for consumption on the premises as a
secondary part of its business activity.
“Punchboards, pull tabs, bingo, or similar social games” defined by Chapter 9.46 RCW.
(Subsequent definition remains unaltered)
15.105.009 I Definitions:
Proposed Amendments
(Previous definition remains unaltered)
“Industry, Heavy” means industrial uses that are not specifically defined elsewhere in the MLUDC, that can be described as primary processing or manufacturing or repair operations
not specifically defined elsewhere in the MLUDC or this definition. For illustrative purposes,
heavy industrial uses include (if they meet the thresholds of this definition), but are not limited to:
(Subsequent definition remains unaltered)
Proposed Amendment
(Previous definition remains unaltered)
“Industry, Light” means a category of uses that involves research and development, assembly,
remanufacturing, compounding, packaging, testing, or treatment of products, generally from previously prepared materials or components, with limited outside storage and limited truck
traffic, external impacts, or risks, such that the use is not defined as "Heavy Industry". Light
industry also includes wholesaling, warehousing, and distribution uses that involve fewer than
12 truck trips per day. For illustrative purposes, light industrial uses may include:
• Assembly, testing, repair, or refurbishing of products, instruments, electronics, office
and computing machines, and fixtures using pre-manufactured components;
Page 4 of 49
• Offices of general contractors; specialty subcontractors; tradesmen; or telecommunications providers which include:
o Overhead door access to indoor storage of tools, parts, and materials;
o Parking of commercial vehicles or a fleet of cars, vans, or light trucks that are
used in the business; or limited outdoor storage areas;
• Food production (e.g., commercial kitchen or bakery) and packaging, but not meat
processing involving butchering of large animal carcasses;
• Medical marijuana-infused products manufacture;
• Environmental and/or industrial cleanup
• Restaurants;
(Subsequent definition remains unaltered)
15.105.013 M Definitions:
Proposed Amendment
(Previous section remains unaltered)
“Morgue” means a building, or a room in a hospital or separate structure, where dead bodies
are kept to be examined or until buried.
(Subsequent section remains unaltered)
15.105.019 S Definitions:
Proposed Amendment
(Previous definition remains unaltered)
“Sign, Off-Premises” means a sign related in its subject matter to some premises or lot other
than the premises or lot on which the sign is located .
“Sign, Directional (traffic)” means a sign which only identifies a business or activity and directs
traffic to that business or activity.
“Sign, Off-Premises Directional” means a sign which only identifies a business or activity and directs traffic to that business or activity at a premises or lot other than on the premises or lot
where the sign is located.
(Subsequent definition remains unaltered)
15.105.026 Z Definitions:
Proposed Amendment
(Previous definition remains unaltered)
Page 5 of 49
(Subsequent definition remains unaltered)
Page 6 of 49
Chapter 15.205
PERMIT REVIEW PROCESS TYPES
Docket No. 20. Amendments to 15.205.020 and 15.320.090 to clarify decision type for Binding
Site Plans to Type II permit.
15.205.020 Assignment of Development Applications to Decision Type:
A. Assignment by Table. Land use and development applications shall be classified and processed pursuant to their designation in Table 15.205.020 below:
Table 15.205.020. Application and Permit Type
Proposed Amendment
Type Land Use and Development Application MLUDC Cross-Reference
Type
I 5-acre Segregations MLUDC Chapter 15.315
(Subsequent section remains unaltered)
Page 7 of 49
Chapter 15.235
VARIANCES
Docket No. 31. Amendment to 15.235.010 Administrative Variance to expand list to include
“Building Design Standards.”
15.235.010 Administrative Variance:
B. Administrative Variance Parameters. An Administrative Variance may be requested for any of the following standards when the request is within the corresponding parameter. Any
request for a variance that does not fall within the following parameters is a Quasi-Judicial Variance subject to the requirements of MLUDC 15.235.020.
Proposed Amendment
(Previous section remains unaltered)
7. Building Design Standards. An Administrative Variance may be granted up to ten percent
(10%) of the dimensional standards within Section 15.410.040 High Density and Mixed Use Residential (R-3). An Administrative Variance may be granted up to twenty percent (20%) of
the dimensional standards within Section 15.420.020 Commercial and Mixed Use Design and
Section 15.420.030 Commercial Design. The percent may be an increase or decrease to the dimensions listed in the sections subject to the request and criteria for approval.
(Subsequent section remains unaltered)
Page 8 of 49
Chapter 15.240
COMPREHENSIVE PLAN AND DEVELOPMENT REGULATION AMENDMENTS
Docket No. 50. Amendment to 15.240.040 Docket of Proposed Amendments for the City Council
to create the Docket (single action) and subsequent processing for the Planning Commission.
15.240.040 Docket of Proposed Amendments:
Proposed Amendment
(Previous section remains unaltered)
A. Preliminary Docket. A preliminary docket shall be maintained by the Director, which shall consist of the following:
1. All applications submitted before the March 31st deadline to amend the
comprehensive plan;
2. All amendments suggested during the year by citizens, the Planning Commission,
Hearing Examiner, City Council, staff, Departments, or other agencies.
B. City Council Creation of Final Docket. During the annual amendment process, the City
Council shall hold a noticed public hearing to accept public comment regarding the
suggested amendments on the preliminary docket. Following the hearing, the City Council shall create the final docket.
(Subsequent section remains unaltered)
Page 9 of 49
Chapter 15.305
GENERAL PROVISIONS
Docket No. 46. Amendments to 15.305.050 Design Standards and Guidelines Adopted by
Reference Standards Adopted by Reference to include Community Street and Utility Standards and Mapping Standards Manual. Docket No. 23. Amendment to 15.305.040 to add RCW
58.17.040 with “anti-land-lock” provision (Use common terms “Five (5)-acre segs” as applicable)
15.305.010 Purpose:
Proposed Amendment
(Previous section remains unaltered)
E. Protect and preserve the public health, safety, and general welfare in accordance with the
standards established by the City and the State of Washington which include, but is not limited to adherence with Chapter 15.705 Community Design Standards and 15.705.010 Compliance
with Standards and Guidelines
(Subsequent section remains unaltered)
15.305.040 Exemptions:
Proposed Amendment
(Previous section remains unaltered)
This Part shall not apply to the divisions listed in RCW 58.17.040, except boundary line
adjustments shall be approved in accordance with MLUDC Chapter 15.315 and divisions of
land into lots or tracts each of which is one-one hundred twenty-eighth of a section of land or larger, or five acres or larger shall be approved in accordance with MLUDC Chapter 15.315.
The exemptions provided herein shall not be construed as exemptions from compliance with all other applicable standards required by the City and State.
(Subsequent section remains unaltered)
Page 10 of 49
Chapter 15.310
SUBDIVISIONS
Docket No. 19. Amendment to 15.320.050 (3) and 15.310.060 final subdivision process (C) (3)
to strike from the City Finance Director indicates, add “stating,” and strike included in the binding
site plan. Docket No. 38. Amendments to 15.310.010 Preliminary Subdivision Application,
15.310.020 Preliminary Subdivision Approval Process, and 15.310.030 Preliminary Subdivision
Approval Criteria regarding clear “Site Plan” (preliminary engineering for infrastructure – access, sewer, and water to serve each lot). Docket No. 47 & 48 Amendment to add requirement for
street names Prior to Final Subdivision application & Amendment to add lot addressing Prior to
Final Subdivision application. Docket No. 36. Amendment to 15.310.020 Preliminary Subdivision
Approval Process to be consistent with 15.310.070 Final Decisions and Notice of Decision, as
applicable. Docket No. 38 has been moved to Council committee.
15.310.010 Preliminary Subdivision Application:
Applications for a preliminary short or major subdivision shall contain the following:
Proposed Amendment
(Previous section remains unaltered)
F. Preliminary subdivision plat drawing prepared by a licensed land surveyor meeting the
Department standards and including the following elements:
(Subsequent section remains unaltered)
(Previous section remains unaltered)
2. All existing and proposed easements and public or private streets, including adjacent
streets with existing and proposed street names; all existing structures; elevations shown by contour lines at intervals of five feet or less for ground slopes exceeding three percent;
approximate location of all natural features including but not limited to critical areas.
(Subsequent section remains unaltered)
15.310.020 Preliminary Subdivision Approval Process:
Proposed Amendment
(Previous section remains unaltered)
C. Timing.
1. The application for a preliminary subdivision shall be approved, disapproved, or
returned to the applicant for modification or correction in accordance with RCW 58.17.140.
Page 11 of 49
(Subsequent section remains unaltered)
15.310.060 Final Subdivision Application:
Applications for a final short or major subdivision shall contain the following:
C. Final Plat Map. Copies of the final subdivision plat map prepared by a licensed land surveyor of the State of Washington, meeting the Department standards, and showing the
same information as required under MLUDC 15.310.040, modified to include:
Proposed Amendment
(Previous section remains unaltered)
3. Signature blocks for approval by the Director, City Engineer, the City Manager, and
irrigation district representative, where applicable, and date thereof, when the development
complies with all conditions; and
4. A notarized acknowledgment by the property owner(s) and mortgagee(s), if any, of the
approval of the final subdivision plat and the dedication of streets and other public places.
5. Approved street names compliant with Chapter 12.32 Addresses and Street Names
(Subsequent section remains unaltered)
15.310.070 Final Subdivision Approval Process:
Proposed Amendment
(Previous section remains unaltered)
D. Timing.
1. The application for a final subdivision shall be approved, disapproved, or returned to the applicant for modification or in accordance with RCW 58.17.140.
(Subsequent section remains unaltered)
Page 12 of 49
Docket No. 42. Amendment to 15.315.010 Boundary Line Adjustment/Lot Consolidation
Application to add “A plat certificate from a title company licensed to do business in the State of
Washington, confirming that the title of the lands corresponds with the owners described and shown on the record of survey and application.” Docket No. 43. Amendment to 15.315.040
Boundary Line Adjustment/Lot Consolidation Final Approval and Recording to allow for a longer time frame (90-days) with one extension of 90-days.
Proposed Amendment
Chapter 15.315
BOUNDARY LINE ADJUSTMENT, LOT CONSOLIDATION AND DIVISIONS OF LAND INTO LOTS OR TRACTS EACH OF WHICH IS ONE-ONE HUNDRED TWENTY-EIGHTH OF A
SECTION OF LAND OR LARGER, OR FIVE ACRES
Sections:
15.315.010 Boundary Line Adjustment/Lot Consolidation/Divisions of land into lots or tracts
each of which is five acres or larger Application.
15.315.020 Boundary Line Adjustment/Lot Consolidation/Divisions of land into lots or tracts
each of which is five acres or larger Approval Process.
15.315.030 Boundary Line Adjustment/Lot Consolidation Approval Criteria.
15.315.035 Divisions of land into lots or tracts each of which is five acres or larger Approval
Criteria
15.315.040 Boundary Line Adjustment/Lot Consolidation/Divisions of land into lots or tracts
each of which is five acres or larger Final Approval and Recording.
(Subsequent section remains unaltered)
15.315.010 Boundary Line Adjustment/Lot Consolidation Application:
Applications for a boundary line adjustment or lot consolidation shall contain the following:
Proposed Amendment
(Previous section remains unaltered)
G. A plat certificate from a title company licensed to do business in the State of Washington,
including, but not limited to, confirming that the title of the lands corresponds with the owners described and shown on the record of survey and application.
(Subsequent section remains unaltered)
New subsection (Proposed Amendment)
(Previous section remains unaltered)
Page 13 of 49
15.315.035 Divisions of land into lots or tracts each of which is five acres or larger Approval
Criteria:
The following criteria shall be used to review and approve divisions of land into lots or tracts each of which is five acres or larger:
A. The divisions of land into lots or tracts each of which is five acres or larger shall not create a lot or unplatted tract that does not meet the requirements of the MLUDC,
including but not limited to dimensional requirements.
B. The area boundaries shall be a minimum of 5-acres of area for each lot or tract. For purposes of computing the size of any lot under this determination which borders on
a street or road, the lot size shall be expanded to include that area that would be bound by the center line of the road or street and the side lot lines of the lot running
perpendicular to such center line.
C. The divisions of land into lots or tracts each of which is five acres or larger shall demonstrate public access and infrastructure connectivity to ensure that such lots or
tracts shall not be land locked nor lack public service (including, but not limited to, public streets, sewer, water, and fire protection) that support the new lots or tracts.
D. An annotation shall appear on the face of the record of survey:
a. Pursuant to RCW 58.17.040(2), these lots are created through a process exempt from the requirements of RCW 58.17. Each lot will be subject to a
determination of adequate infrastructure available, and necessary dedicated rights of way for infrastructure, prior to the approval of a future building permit,
subdivision or short subdivision application including compliance with, and not
limited to, MLUDC Chapter 15.705.
b. The owners of property described herein do acknowledge and hereby agree to
hold City of Moses Lake harmless in any action arising as a result of this exempt segregation.
c. The owner(s) of all the property described herein do hereby acknowledge and
agree to hold the City of Moses Lake harmless in any cause of action arising
out of the divisions of land into lots or tracts each of which is five acres or larger
or recordation of same.
E. The divisions of land into lots or tracts each of which is five acres or larger shall comply
with applicable land use regulations.
F. The divisions of land into lots or tracts each of which is five acres or larger shall not
increase the nonconforming aspects of an existing nonconforming lot or structure
G. The divisions of land into lots or tracts each of which is five acres or larger will not diminish or impair existing or future drainage, water supply, sanitary sewage disposal
(including on-site sewage disposal), or legal access.
Page 14 of 49
H. The divisions of land into lots or tracts each of which is five acres or larger shall not
violate or be inconsistent with any conditions of approval for a previously filed land use
action, subdivision, short plat, or binding site plan.
I. If the divisions of land into lots or tracts each of which is five acres or larger may result
in a lot having more than one land use designation or zoning or result in being bisected by any special overlay, then the lot or tract shall be evaluated to ensure that the
bisection does not result in a non-conforming land use. The applicant shall provide
detailed evaluation to the Director with the application and approval is at the sole discretion of the Director upon demonstration that the bisection conforms with the
MLUDC.
J. The divisions of land into lots or tracts each of which is five acres or larger each of
shall not result in a lot, or lots, not wholly located within the City limits.
K. The divisions of land into lots or tracts each of which is five acres or larger shall not result in a lot which would be so constrained by topography, critical areas or buffers,
unusual shape, or other site conditions that a reasonable building site cannot be obtained except through a variance, reasonable use exemption from a critical areas
permit, or other special exemption from the MLUDC.
(Subsequent section remains unaltered)
15.315.040 Boundary Line Adjustment/Lot Consolidation Final Approval and Recording:
Proposed Amendment
(Previous section remains unaltered)
The Director will provide a decision in writing to the Applicant. The Applicant must submit the deed(s) reflecting the new legal description(s), excise tax affidavit, and recording fees to the
Department within ninety (90) calendar days of the decision for recording with the Grant County Auditor’s Office by the Department. Upon request and prior to the expiration of the
ninety (90) days, an additional ninety (90) extension request may be granted by the Director.
(Subsequent section remains unaltered)
Page 15 of 49
Chapter 15.320
BINDING SITE PLAN
Docket No. 17 18. Amendment to 15.320.020 Binding Site Plan to include specifics for
“preliminary engineering plans” and clarify section “a” regarding a run-on sentence Amendment to 15.320.020 Binding Site Plan to add private commercial and industrial road standards.
15.320.020 Binding Site Plan Application:
Proposed Amendment
(Previous section remains unaltered)
G. Preliminary engineering plans including, but not limited to, water, sewer, streetlights,
streets, stormwater facilities, fire protection devices with sufficient water storage and flows,
and sidewalks.
1. Public infrastructure shall meet the Community Street and Utility Standards.
2. Mapping shall meet the March 2025 Mapping Standards Manual.
3. Private streets shall be of two types: A) Industrial and B) Commercial
4. Application to Private Streets. Although community street requirements are usually
best served by public streets owned and maintained by the city, private streets may be appropriate for some local access streets for either commercial or industrial
property. These standards apply to private streets as part of the city’s responsibility to ensure adequate access for normal and emergency vehicle use to individual
parcels throughout the city.
5. Private streets are permitted only when all of the following conditions are met:
a) Private streets shall be allowed only for such streets that have no public interest
for traffic circulation and are to be built in accordance with the standards adopted herein. Private streets are not allowed when in conflict with the
adopted road circulation plans or studies.
b) Permanently established by tract or easement providing legal access to each
affected lot, or business and sufficient to accommodate required
improvements, to include provision for future use by adjacent property owners when applicable.
c) For private streets, constructed to standards as set forth herein; and for public
streets constructed to Community Street and Utility Standards. Private streets
shall meet the requirements of private streets located in the engineering
standards within this chapter and have an average daily traffic count (AADT) of 160 or less vehicles per day utilizing current ITE guidelines.
d) Accessible at all times for emergency and public service vehicle use.
Page 16 of 49
e) Not obstructing, or part of, the present or future public neighborhood circulation
or arterial plan developed in processes such as the comprehensive plan, or
capital improvement plan.
f) Designed for AADT of 160 or less vehicles per day utilizing current ITE
guidelines. New private streets directly accessing a city street that will generate more than 160 AADT will be permitted only by approval of the city engineer and
will be required to meet the appropriate city street standards contained within
Community Street and Utility Standards. There is no maximum AADT provision if a new development is served by an extension of, or spur off, an existing
private street; however, should such existing private street be less than the standards considering the current and proposed AADT, the new development
may be denied unless a lower level of improvement has been approved by the
city engineer or the applicant assumes responsibility for bringing the existing private street serving the new development up to these standards.
g) Maintained in accordance with these standards by a capable and legally responsible owner, homeowner’s association or other legal entity made up of
all benefited property owners. A written street maintenance agreement
addressing the rights and responsibilities of all benefited property owners shall be approved by the city prior to final approval of the land development. Said
street maintenance agreement shall be recorded and shall become a covenant with the affected properties. The term “benefited property owners” shall include
the owners of record of all properties with frontage, including access rights, on
the private street or otherwise have legal access, whether constructed or not, to the private street.
h) Clearly described as a private street not maintained by the city on the face of the BSP. The city shall not maintain streets or signs within private easements
or rights-of-way. The face of the BSP containing a private road shall state the
following language: “The City of Moses Lake has no responsibility to improve
or maintain the private streets contained within, or private streets providing
access to, the property described in this plat.”
i) Clearly signed at the street location as a private street.
j) Private street signs with street designations shall be provided by the developer
at the intersection of private streets with private and public streets. Such signs
shall meet the specifications in the engineering standards and, in the case of
intersections with public streets, shall either be located within the public right-of-way or a separate easement shall be provided.
k) Private streets are the responsibility of the developer to construct in
accordance with the criteria of this section. Upon completion of the required
improvements, the developer and his contractor shall notify the Public Works
director, and the Public Works director shall inspect the improvements for compliance with the adopted standards. Upon completion of the required
improvements, certification by the developer and his contractor shall be
Page 17 of 49
required stating that the improvements have been completed in accordance
with the adopted standards.
H. A schedule of construction and proposed phasing of improvements if the Applicant intends
to develop the site in phases.
I. Draft covenants and restrictions for the development including provisions for long-term
maintenance for areas and facilities under common ownership.
J. Concurrency certificate.
General design principles for private Industrial and Commercial streets.
A. Street Network Circulation. The importance of good street network circulation for the
health, welfare and safety of the public cannot be overemphasized. Poor circulation
adds unnecessary miles to emergency services such as police and fire and the traveling public.
1. Plans will be reviewed for the provision of the best possible street network circulation and for conformance with the adopted comprehensive plan. The
street alignment may necessitate realignment in order to foster the long-range
transportation objectives of the city. The inclusion of permanent cul-de-sacs is prohibited as they inhibit street network circulation and are not consistent with
the city comprehensive plan.
2. To facilitate the best possible street network circulation, the layout of streets is
to provide for the continuation of existing streets in adjoining properties. The
location for access to unplatted property shall be placed such that the objectives in these standards can be achieved. Reserve easement strips or
tract may be required to prevent unauthorized access until such time as the connecting streets are constructed.
3. All lots within the BSP shall be accessed by means of an internal street network.
This network may be public or private but not a mixture of both.
B. On-Site Principles. An integrated on-site street system should deliver vehicles from the
external street system in a manner easily understood by typical drivers and that maximizes efficiency, accommodates anticipated traffic patterns and ensures public
safety.
1. Internal Vehicular Circulation. Internal circulation is the means by which
vehicular traffic is delivered between entry points and parking areas, pick-
up/drop-off points, and service areas, and should be planned to accommodate appropriate future traffic volumes.
2. Access Points. Streets and lots shall be laid out to provide individual lot access
onto an internal street system, hence via the internal street system to the
Page 18 of 49
existing public street system. Direct access to a perimeter street shall normally
be denied except for direct access onto a designated local access street.
3. Parking. Parking shall be provided to meet site-generated demands and be consistent with Chapter 15.715.
4. Private Commercial Streets Vehicular Queuing and Storage.
a. Access drives should provide adequate vehicular exit queueing.
b. Parking areas and access points of developments should be designed
so vehicles waiting to exit are aligned perpendicular to the off-site street system.
c. Queuing areas of large developments should be sufficient so vehicles queued at exits do not block internal circulation. Exits shall be
signalized if warranted by the MUTCD at build out.
d. Documentation shall be provided to verify queue lengths for signalized intersections, on-site queueing reservoirs, and off-site left and right-
turn lanes.
5. Private Commercial Building Service Drives. Building service drives are streets
adjacent to a building and its entrances, and should be designed with sufficient
width to serve as one or all of the following:
a. Fire and/or emergency vehicle access.
b. Pedestrian pick-up/drop-off points. Pedestrian crossings and pick-up/drop-off points should be signed and striped to identify the
vehicular/pedestrian conflict.
c. Internal circulation.
d. Recirculation in parking areas. Recirculation aisles shall have
sufficient turning radii, clearances, sight distances and signing.
e. Transit passenger pick-up/drop off areas.
f. Private Commercial Building Service Drives should not be designed to
allow parking to back onto the drive. Rather the drive is the distribution
network to the parking aisles and parking areas.
6. Private Commercial Pedestrian, Bus, Bicycle, and Disabled Access Facilities. The overall site plans must consider pedestrians, bus, bicycle, and disabled
access facilities.
a. Pedestrian Facilities. Pedestrian connections between public
transportation facilities and buildings shall be integrated into the
overall project design. Pedestrian facilities shall be designed to reduce the motor vehicle use for trips within the development and between
nearby developments.
Page 19 of 49
b. Transit Facilities. Appropriate public transportation facilities, such as
passenger shelters, ride sharing areas and bus staging areas shall be
accommodated adjacent to service drive and entrance areas; at key locations along circulation drives; and at major pedestrian focal points
along the external street system as determined by the city and Grant Transit Authority.
c. Bicycle Facilities. Facilities for parking bicycles should be provided
where bicycle use is expected. Refer to MLUDC 15.715.050.
d. Disabled Access Facilities. Access for disabled persons shall be
provided in accordance with federal, state and city requirements.
7. Private Commercial Service and Delivery Vehicles. Service and delivery vehicles
require separate criteria for movement to and from the site:
a. Vehicle turning paths shall be sufficient to accommodate the largest vehicles anticipated, a minimum single unit truck (SU).
b. Service vehicle access points shall have turning paths sufficient to allow service vehicles to enter and exit the site without encroaching
upon opposing lanes or curbed areas.
c. External and internal streets shall have sufficient separation for large vehicles to be queued on entry or exit without blocking access to
parking spaces or internal streets.
8. Commercial Private Street Specifications. Commercial Private Street shall
meet the following minimums to qualify as a private street and shall adhere to
the standards:
a. Not be greater than 660 feet in length and designed for AADT of 160
or less vehicles per day utilizing current ITE guidelines.
b. Serve multiple lots or business
c. Not connect to two points of public right of way, excepting for fire
lane that serves a single business.
d. Constructed to standard engineered principles.
e. Have a minimum travel surface of 24 feet in width, not including shoulders.
f. Include a defined edge for the travel surface of curb. The type of curb
may vary from C-Class to Ribbon as applicable.
g. Include pedestrian corridor which may be both side standard
sidewalk, single side sidewalk, detached pathway, or other City approved corridor which connects to public right of way to each
business entrance.
Page 20 of 49
h. Meet the Stormwater Management Manual for Eastern Washington
requirements.
9. Industrial Private Street shall adhere to the figure below. (Shall include a minimum of detach five (5) wide asphalt pedestrian connecting corridor, as
approved by the City)
(Subsequent section remains unaltered)
15.320.050 Binding Site Plan Final Approval:
When all conditions of the binding site plan approval are met, including but not limited to the
installation of all required improvements, the Applicant shall submit the final binding site plan
together with the fee set forth in the adopted fee schedule to the Department for processing
and recording. The final binding site plan shall include the following:
A. Binding Site Plan Maps. Copies of the final binding site plan prepared by a licensed land
surveyor of the State of Washington, meeting the Department standards, showing the same
information as required under MLUDC 15.320.040, modified to include:
Proposed Amendment
(Previous section remains unaltered)
3. Signature blocks for approval by the Director, City Engineer, and the City Manager, and date
thereof, when the development complies with all conditions; and
4. A notarized acknowledgment by the property owner(s) and mortgagee(s), if any, of the
approval of the final binding site plan and the dedication of public streets and other public places.
(Subsequent section remains unaltered)
Page 21 of 49
(Previous section remains unaltered)
15.320.090 Administrative Approval of Individual Lots:
Proposed Amendment
Once the final binding site plan is recorded, the creation of individual lot(s) other than lots established by the recorded binding site plan may be administratively approved as a Type II
decision. The Applicant shall submit a completed application form and the required
application fee to the Department. The application must include the following:
A. Survey Required. The proposed lot(s) created must be surveyed by a licensed land
surveyor and the legal description for the lot must be prepared by the surveyor in accordance with the Survey Recording Act (Chapter 58.09 RCW). All parties having an ownership interest
in the property shall sign the exemption application and the survey.
B. Compliance with Binding Site Plan. The lot(s) to be created meet the requirements set forth in the recorded final binding site plan.
C. Minimum Lot Size. The lot(s) meet the minimum lot size in the zoning district.
D. The creation of the lots shall meet 15.320.100 Alteration of Approved Binding Site Plan.
The City will provide a decision in writing to the Applicant. The Department shall record the
approved survey containing the above information with the Grant County Auditor’s Office. All fees for such recording shall be paid by the Applicant. No sale, lease, or transfer of any created
lot shall be completed prior to the recording of the approved survey.
(Subsequent section remains unaltered)
Page 22 of 49
Chapter 15.325
IMPROVEMENTS
Docket No. 26. Amendment to 15.325.040 to clarify “standard sidewalk with alternative
pathway.” Docket No. 32. Amendments to 15.325.040 and 15.705.030 to add cul-de-sac standards and applicability with allowance for courts (define court/short cul-de-sac) to wave
sidewalk.
15.325.040 Street Design Standards:
A. Sidewalks and Street Trees. The following standards are applicable:
Proposed Amendment
(Previous section remains unaltered)
1. Width. Unless otherwise specified in the referenced guidelines or standards the minimum sidewalk width shall be five feet plus accommodations for applicable stormwater and curb.
Standard sidewalks shall be installed for all public streets, excepting for the placement of alternative multi-use pathways, as designed per Community Street and Utility Standards. As
part of a Binding Site Plan, private sidewalks shall meet the private street standards; and
public sidewalks shall meet the public street standards.
(Subsequent section remains unaltered)
Proposed Amendment
(Previous section remains unaltered)
B. Street Design.
3. The Applicant shall be required to design easements and dedications in a manner which
facilitates the future development of the region as determined by the Director and in accordance with the Community Street and Utilities Standards and consistent with the City of
Moses Lake Comprehensive Plan - Future Streets Map. This shall be accomplished by
establishing easements and dedications to the furthest lot line, as well as other similar
methods. Cul-de-sacs are prohibited unless authorized by the Director upon consultation with
the City Engineer. Permanent cul-de-sacs and dead-end streets are not permitted within new developments except permanent cul-de-sacs may only be permitted where the applicant can
demonstrate that the street design provides an acceptable level of network circulation
considering the terrain (for example, street ending at a railroad, state route, or canal) and
adjacent existing street network and authorized by the Director upon consultation with the
City Engineer. Where a permanent cul-de-sac or dead-end street is permitted, the following requirements shall apply:
a. If allowed, permanent cul-de-sacs shall have a minimum right-of-way and street
section as specified in Community Street and Utilities Standards, excepting for
Page 23 of 49
an alternative design that allows for the waiver of the planter strip and/or
sidewalk within the cul-de-sac which provides a greater turnaround radius for
emergency service. This alternative shall include crosswalk at terminus when the sidewalk within cul-de-sac is waived. This alternative requires City Engineer
and Fire Marshal approvals.
b. Permanent dead-end streets in excess of 600 feet are prohibited.
(Subsequent section remains unaltered)
Page 24 of 49
Chapter 15.405
ZONES, OVERLAY ZONES, AND LAND USE
Docket No. 33. Amendments to 15.405.060 and/or 15.405.070 regarding living in an RV with
matching camping, campground, living in an RV outside of a campground and private campground topics and distinctions. Docket No. 29. Amendments to 15.405.090 and
15.405.100 (R-1 and R-2) to add and allow differing lot coverage standards. Docket No. 27.
Amendment to Chapter 15.405 Zones, Overlay Zones, And Land Use and/or Chapter 15.410 Residential District Standards to reference Fencing- Clearview Triangle 15.725.010. Docket No.
34. Amendment to Table 15.405.070 to add “casino” / small “gambling” with separation standard from schools, churches, and other youth / community activities. Docket No. 39.
Amendment to 15.405.060 Residential Land Uses by Zone to require commercial use on the
ground floor for Mixed Use Residential Development including a “percent” ground floor for ADA unit(s). Docket No. 40 41. Amendment to 15.405.070 Nonresidential Land Uses by Zone to add
"Light Vehicle Retail Sales or Rentals, including passenger vehicles excluding heavy" with a distinction from "Heavy vehicle sales or rental, including tractor trailers, RV’s, implements, etc.".
AND add “morgue” with adding a definition of “morgue.” Docket No. 44. Amendment to
15.405.110 to add lot dimensions to R-3 (lot width and depth) for single family development. Docket No. 45. Amendments to 15.405.110 High Density Residential (R-3) Standards, Table
15.405.060 Residential Land Uses by Zone, and 15.105.026 to allow for “Zero Lot Line Home” within R-1, R-2, and R-3 for interior lots only.
15.410.050 General Residential Performance Standards:
Proposed Amendment
(Previous section remains unaltered)
I. Fencing shall adhere to Chapter 15.725 Fences, Screening, and Refuse Storage Standards
(Subsequent section remains unaltered)
15.405.060 Residential Land Uses by Zone:
Proposed Amendment
Land Use
Zones MLDUC Reference Residential Commercial and
Mixed Use Industrial Public
R-1 R-2 R-3 C-1 C-1A C-2
L
-I H-I P
(Previous section remains unaltered)
Page 25 of 49
R-1 R-2 R-3 C-1 C-1A C-2 L-I H-I P
RV Parks (for housing) (7) P 15.415
(Subsequent section remains unaltered)
(Previous section remains unaltered)
R-1 R-2 R-3 C-1 C-1A C-2 L-I H-I P
Multifamily
Residential (8) P P(L
) P(L) C
15.410 15.415
(Subsequent section remains unaltered)
(Previous section remains unaltered)
R-1 R-2 R-3 C-1 C-1A C-2 L-I H-I P
Mixed Use
Residential
Development
(8)
P P P P 15.410 15.415
(Subsequent section remains unaltered)
(Previous section remains unaltered)
(Subsequent section remains unaltered)
Development conditions (footnotes)
Proposed Amendment
(Previous section remains unaltered)
7 Camping, campground, living in an RV outside of a RV Parks for housing is further
regulated by Chapter 9.18 Camping and Campground, private Chapter 15.645 RV Parks.
8 Multifamily Residential shall not be located or operated on the ground floor of
buildings in the Downtown Zone C-1 or C-1A, excepting for ADA and/or Washington Barrier free residential units which may be allowed up to 20% of the floor space or a single unit
whichever is greater, .
(Subsequent section remains unaltered)
(Previous section remains unaltered)
Page 26 of 49
(Subsequent section remains unaltered)
15.405.070 Nonresidential Land Uses by Zone:
Proposed Amendment
Land
Use
Zones MLDUC
Reference Residential Commercial and
Mixed Use Industrial Public
R-1 R-2 R-3 C-1 C-1A C-2 L-I H-I P
Commercial Uses
(Previous section remains unaltered)
R-1 R-2 R-3 C-1 C-1A C-2 L-I H-I P
Mini-casinos (9) P
Punchboards, pull
tabs, bingo, or
similar social games
(10)
P P
P
R-1 R-2 R-3 C-1 C-1A C-2 L-I H-I P
Restaurant C (3) C (3) C (3) P P P P CUP and under 2,000 sq ft
Office, Personal Services C (3) C (3) C (3) P P P C CUP and under 2,000 sq ft
Retail Sales and Services C (3) C (3) C (3) P P P P C CUP and under 2,000 sq ft
(Subsequent section remains unaltered)
Page 27 of 49
(Previous section remains unaltered)
Industrial Uses
(Previous section remains unaltered)
R-1 R-2 R-3 C-1 C-1A C-2 L-I H-I P
Heavy vehicle sales or
rental, including tractor
trailers, RV’s, implements,
etc.
P P P
Light Vehicle Retail Sales
or Rentals, including
passenger vehicles
C C P P P
(Subsequent section remains unaltered)
Governmental, Utility, and Wireless Communication
R-1 R-2 R-3 C-1 C-1A C-2 L-I H-I P
Morgue C C P P P P
(Subsequent section remains unaltered)
(Previous section remains unaltered)
Development conditions (footnotes)
(Previous section remains unaltered)
(3).Restaurants, Personal Services Office(s), and Retail Sales and Services in the residential
zones shall be no larger than 2,000 sq ft.. Restaurants, Personal Services Office(s), and Retail
Sales and Services in the residential zones shall primarily serve the everyday needs of the
residents within the immediate geographic area and contribute to the overall well-being and character of the neighborhood; and generally do not attract significant customers from
outside the area (for example, family-owned grocery stores or markets, local pharmacies,
neighborhood cafes or restaurants, barber shops or hair salons, small hardware stores,
daycare centers and local artisan shops and bookstores). Restaurants, Personal Services
Office(s), and Retail Sales and Services in the residential zones shall meet the following:
a) Drive-through window shall meet the standards contained within the C- 1
zoning district standards (15.405.070 15.715.020),
b) Be located on the second floor for multi story buildings,
c) Orient the front of the building away from existing residences unless
determined by the Director,
Page 28 of 49
d) Provide for pedestrian access and walkability within the neighbohoodr,
e) Not located on Local Street. When located on a Minor Collector, the property
must be a corner lot.
(Subsequent section remains unaltered)
(Previous section remains unaltered)
9. The following regulations shall apply to mini-casinos:
A. The space devoted to gambling and gaming activity and support services (i.e., security) shall not be more than eight thousand square feet. Other incidental uses such
as restaurant or nightclub uses shall not be restricted by the eight thousand square feet limitation if no gambling or gaming activity occurs within such space.
B. Mini-casinos shall be located in:
a. A freestanding building; or
b. A unit in a larger development; provided, that the mini-casino is separated from
all other uses by a lobby or similar open space or common area from adjacent units in the development, and that there are no other mini-casinos located on
site.
C. Mini-casinos shall not be permitted within 1,000 feet of schools, churches, parks and other youth / community activities or facilities as measured by traveled way.
10. The following regulations shall apply to punchboards, pull tabs, bingo, or similar social games:
A. Bingo and similar gaming activity is allowed in churches and community centers
(Subsequent section remains unaltered)
15.405.090 Low Density Residential (R-1) Standards:
Table 15.405.090. R-1 Building Dimensional Standards
Proposed Amendment
(Previous section remains unaltered)
R-1 Building Dimensions Standard Reference
(Previous section remains unaltered)
Maximum Lot Coverage for Structures 70%
(Subsequent section remains unaltered)
15.405.100 Medium Density Residential (R-2) Standards:
Page 29 of 49
Table 15.405.100. R-2 Building Dimensional Standards
Proposed Amendment
(Previous section remains unaltered)
R-2 Building Dimensions Standard Reference
(Previous section remains unaltered)
Maximum Lot Coverage for Structures 70%
(Subsequent section remains unaltered)
15.405.110 High Density Residential (R-3) Standards:
Table 15.405.110. R-3 Building Dimensional Standards
Proposed Amendment
R-3 Building Dimensions Standard Reference
(Previous section remains unaltered)
Minimum Lot Width (2) (4) 40 feet (25 on curves and cul-de-sac)
Minimum Lot Depth (4) 75 feet
(Subsequent section remains unaltered)
Notes:
(Previous section remains unaltered)
(4). The minimum lot width, depth, and size may be reduced in a subdivision as long as the
average of all of the lot sizes within the subdivision remains equal to or above the minimum
lot size. All lots must comply with all other requirements, including but not limited to
minimums set forth in Title 16 MLMC, Buildings and Construction.
(Subsequent section remains unaltered)
Page 30 of 49
Chapter 15.410
RESIDENTIAL DISTRICT STANDARDS
15.410.020 Low Density Residential (R-1) Standards
Proposed Amendment
(Previous section remains unaltered)
F. Accessory. Accessory structures shall be setback pursuant to:
• 15.110.020 Setback Measurements,
• 15.415.010 Accessory Dwelling Units,
• All underlying zoning standards and setbacks within 15.405.090 Low Density Residential (R-1) Standards,
• 15.405.100 Medium Density Residential (R-2) Standards,
• 15.405.110 High Density Residential (R-3) Standards, as applicable,
• A minimum of five (5) feet from the primary structure.
(Subsequent section remains unaltered)
Page 31 of 49
Chapter 15.415
HOUSING TYPE STANDARDS
Docket No. 2. Amendment to 15.415.010 and 15.650.030 to allow Short Term Rentals of ADUs
with criteria that at least one dwelling unit must be “full term” rental or owner occupied (specific to short term rental) Docket No. 9. Amendment to 15.410.020 (F) to reference measurement
standards (15.110.020 Setback Measurements) and as applicable.
15.415.010 Accessory Dwelling Units:
Proposed Amendment
(Previous section remains unaltered)
M. Short Term Rentals. Short Term Rentals are allowed for either the primary unit or
Accessory Dwelling Unit (ADU). At least one dwelling unit shall be a long term rental or owner occupied.
(Subsequent section remains unaltered)
Page 32 of 49
Chapter 15.420
NONRESIDENTIAL AND MIXED-USE DISTRICT STANDARDS
Docket No. 16. Amendment to 15.420.020 building articulation to simplify “Roofline.”
15.420.020 Commercial and Mixed Use Design Standards:
Proposed Amendment
(Previous section remains unaltered)
F. Roofline Modulation. In order to qualify as a roofline modulation treatment in the
standards herein, rooflines shall be varied by emphasizing dormers, chimneys, stepped roofs, gables, or a broken or articulated roofline consistent with the required articulation interval.
Modulation shall consist of either:
1. Flat roofs shall have cornices, parapets, or similar special features to act as the top of the building.
2. Pitched or Sloped Roof. A sloped or gabled roofline segment of at least twenty (20) feet in width and include varied slopes. The roofline must include modulated segments
at no more than the interval required per the applicable standard above; or
3. Combination. A combination of the above.
(Subsequent section remains unaltered)
Page 33 of 49
Chapter 15.510
SEPA REGULATIONS
Docket No. 49. Amendment to clarify appeal language for allowed uses (no ability to appeal
underlying permit) and no appeal of SEPA. (NOTE: This section shall not be amended but is included for a complete record of processing.)
15.510.220 Appeals:
B. Administrative Appeals. The City establishes the following administrative appeal
procedures under RCW 43.21C.075 and WAC 197-11-680:
1. Procedural Appeals.
a. Any person may appeal the City’s procedural compliance with this Chapter for issuance
of the following:
Proposed Amendment
(Previous section remains unaltered)
i. There shall be no administrative appeal for SEPA determination of an unappealable
underlying action. For example, SEPA attached for a building permit. The Moses Lake
Municipal Code does not provide an administrative appeal of a building permit, and thereby, does not have an appeal of a related SEPA threshold determination.
ii. A DNS: Appeal of the DNS must be made to the Hearing Examiner within fourteen
(14) calendar days of the date the DNS is final. This appeal period shall be extended
for an additional seven (7) calendar days if the DNS provides for public comment.
Except as provided herein, the appeal shall be consolidated with any hearing or appeal of the underlying permit.
iii. A DS: Appeal of the DS must be made to the Hearing Examiner within fourteen (14) calendar days of the date the DS is issued. An appeal is not required to be
consolidated with a hearing or appeal on the underlying permit.
iv. Agency action: Appeals of a procedural determination made by the City when it is the
project proponent or is funding the project, and appeals of a procedural
determination made by the City on a nonproject action need not be consolidated with a hearing or appeal on the underlying action.
(Subsequent section remains unaltered)
Page 34 of 49
Chapter 15.640
MINI STORAGES
Docket No. 24. Amendments to 15.640.020 and 15.640.030 adding provision for screening
ministorage.
15.640.020 Mini Storage Development Standards – General Commercial and Business
Zone (C-2):
Proposed Amendment
(Previous section remains unaltered)
D. All developments shall comply with parking, landscape and buffering, sign, and outdoor
lighting requirements set forth in MLUDC Part 15.700. When ministorage is adjacent to a
residential zone, the landscaping shall be augmented with the installation of a six (6) foot tall sight obscuring fencing. The fencing shall be located outside of the required landscaping
and interior to the property line. As applicable, fencing shall meet the 15.725.010 Clearview Triangle standards.
(Subsequent section remains unaltered)
15.640.030 Mini Storage Development Standards – High Density Residential (R-3):
Proposed Amendment
(Previous section remains unaltered)
E. All developments shall comply with parking, landscape and buffering, sign, and outdoor
lighting requirements set forth in MLUDC Part 15.700. When ministorage is adjacent to a residential zone, the landscaping shall be augmented with the installation of a six (6) foot
tall sight obscuring fencing. The fencing shall be located outside of the required landscaping and interior to the property line. As applicable, fencing shall meet the 15.725.010 Clearview
Triangle standards.
(Subsequent section remains unaltered)
Page 35 of 49
Chapter 15.610
CARGO CONTAINERS
Docket No. 7 8. Amendment to 15.610.020 General Provisions to remove “new” for cargo
containers with standards and criteria Amendment to 15.610 to create criteria and approval requirements for cargo containers.
15.610.020 General Provisions:
Proposed Amendment
The following applies to the installation and use of cargo containers.
A. Cargo containers shall be processed as a Type I permit.
B. Active building construction cargo containers. Except for temporary, less than 180 days, during and for active building construction cargo containers, cargo containers
are prohibited in the Residential and Downtown (C-1) zones.
C. Active building construction cargo containers. Licensed and bonded contractors may
use cargo containers on-site for the temporary use, less than 180-days, location for
an office, equipment, or materials storage structure during construction which is taking place on the property. A one-time extension of 180-days may be approved by
the Director.
D. Active building construction cargo containers are exempt from subsection F.
E. Cargo containers are not a use but an alternative form of storage. The use of the
cargo container shall conform with the standards of the underlying zoning district.
F. Cargo containers shall not be visible from public rights of way. To screen cargo
containers, view obscuring fencing or berm may be installed. Landscaping shall not be considered for screening purposes. If not screened, cargo containers shall adhere
to 15.420.030 Commercial Design Standards.
G. Where allowed, cargo containers shall be an accessory structure.
H. Cargo containers used for cryptocurrency and data centers shall adhere to Chapter
15.615 Cryptocurrency and Data Centers.
I. Storage of junk, inoperable vehicles, scrap materials, garbage, or the like is strictly
prohibited in cargo containers.
J. Cargo containers shall not be used for any types of human occupancy or animal
sheltering.
K. Cargo containers shall not be stacked.
Page 36 of 49
L. Cargo containers must be placed on an improved surface such as gravel, asphalt, or
concrete, and must be placed fully on said surface and any axles must be removed.
M. Cargo containers shall comply with the underlying zone building setback requirements.
N. Materials stored within cargo containers are subject to review and approval by the Fire Department. Cargo containers used in conjunction with a business regardless of
zoning are also subject to review and approval by the fire district.
O. For permanent commercial and industrial uses, cargo containers must undergo standard building permit procedures.
P. Temporary use of commercial or industrial cargo containers will be determined on a case-to-case basis on the authority of the Director. Time limits may be set and
inspections required.
(Subsequent section remains unaltered)
Page 37 of 49
Chapter 15.650
SHORT TERM RENTALS
15.650.030 Eligible Dwellings and Limitations:
Proposed Amendment
(Previous section remains unaltered)
A Short Term Rental dwelling may be located in a single-family dwelling, an accessory
dwelling unit, or a condominium dwelling. Excepting condominium dwellings, at least one dwelling unit shall be a long term rental or owner occupied on a single parcel.
(Subsequent section remains unaltered)
Page 38 of 49
Chapter 15.705
COMMUNITY DESIGN STANDARDS
15.705.010 Compliance with Standards and Guidelines
Proposed Amendment
(Previous section remains unaltered)
A. Application. Except as allowed within the exemptions below, all development shall
comply with the design standards and guidelines applicable to the type of use and/or the district in which the proposed development is located. The Director, or other decision maker
so specified, shall have the authority to apply the standards to specific development proposals as conditions of approval. Except as allowed within the exemptions below, no
development and/or building permit shall be issued for any lot, tract or parcel of land in
violation of this and other City of Moses Lake standards and specifications. Except as allowed within the exemptions below, no building permit or other development permit shall
be issued for any lot, tract or parcel of land without installation or the existence of: city sewer meeting adopted city standards, city water including fire protection devices meeting
adopted city standards, conformance to lot size requirements, city street meeting adopted
street standards, city sidewalk and curb improvements meeting city standards, stormwater control meeting city adopted standards, necessary dedicated rights of way for
infrastructure, legal access to the site, and within a legal lot of record.
The following are exempt from section A above:
1. Water connection to a public water system shall be required, and when
located within a differing Group A Community Water System, water connection shall be connected to the system in which the property is located.
2. Development of an existing lot within a developed neighborhood shall include
sidewalks, streets and right of way similar to that of the neighborhood. In such
case, the street and associated improvements shall meet the standards of the
existing neighborhood rather than that of the current City of Moses Lake
development standards. Water, stormwater, sewer and fire protection shall be
required to meet adopted standards. Excluding subdivision (subdivisions do not qualify for this exemption), development of an existing vacant lot within a
developed neighborhood. The standards to determine if the public interest will
be adversely affected includes but is not limited to consideration of the
installation or existence of adequate sewer and water, conformance to lot
size requirements, existence of street, sidewalk and curb improvements, access to the site, all as respects the proposed building site and the
surrounding area. The City Council may condition the issuance of a building
permit on the installation or completion of such utility, street and sidewalk
improvements or other conditions as the City Council deems appropriate. The
City Council shall make the grant of the privilege to develop on an existing vacant lot within a developed neighborhood specific as to the proposed
Page 39 of 49
building activity. The grant of such privilege shall expire if a building permit is
not obtained within six (6) months of the adoption of the resolution provided
for herein unless the applicant requests and obtains an additional thirty (30) day extension from the Community Development Director. Any request for the
thirty (30) day additional extension must be submitted in writing to the
Community Development Director prior to the expiration of the six (6) month
limitation period. The Community Development Director has the discretion to
grant the additional extension only when no significant development code changes have occurred or will occur during the extension period, there is
demonstrable proof of substantial progress made by the applicant, and the
request serves the public health, safety and welfare. No more than one (1)
thirty (30) day additional extension may be granted to any applicant. The City
Council shall only direct the issuance of such a permit by a resolution of the City Council. Development of an existing vacant lot within a developed
neighborhood shall include infrastructure similar to that of the neighborhood.
In such case, the street and associated improvements shall meet the
standards of the neighborhood rather than that of the street standards. Water,
sewer, fire protection, and stormwater shall meet adopted standards. The City may require a fee-in-lieu of installation of improvements at the sole discretion
of the City Council after review of the applicant’s request, review and
concurrence by the City Engineer, and submittal of an engineered cost
estimate. Fee-in-lieu of improvements, shall be remitted to the City to fulfill the
requirements of this section.
3. Demolition and reconstruction of an existing structure.
4. Remodeling of an existing, legally conforming building.
5. Fences.
6. Signs accessory to existing, legally conforming building, except for off-
premise signs.
7. Construction of a detached Accessory Dwelling Unit shall include
infrastructure similar to that of the neighborhood with adherence to water, sewer, fire protection, and stormwater adopted standards. Attached ADU may
be fully exempt from infrastructure compliance except as required by the Fire
Marshal.
8. Placement or construction of an accessory structure.
9. Additions to existing residence(s) less than 50% of Grant County Assessor’s residential value.
B. Standards Adopted by Reference. This Chapter recognizes and incorporates the
standard details for construction of public improvements, as it exists now or as it may
hereafter be amended. The City Council has established by resolution the standard details
for construction of public improvements, and other matters pertaining to the MLUDC. The standard details for construction of public improvements shall be kept by the City Engineer
Page 40 of 49
or the City Clerk and may be altered or amended by resolution of the City Council. Where
conflicts or inconsistencies arise between the standard details for construction as approved
by resolution of the City Council and those in other code requirements, the standard details for construction as approved by resolution of the City Council supersede those in other code
requirements. Referenced guidelines or standards:
1. Comprehensive Plan
2. Community Street and Utility Design Standards
3. Mapping Standards Manual
4. Trails and Activity Paths
5. Parks, Recreation Open Space Plan
6. Shoreline Master Program
7. Stormwater Management Manual for Eastern Washington
8. Complete Streets
9. Housing Action Plan
10. Wastewater Facility Plan
11. Water System Plan
(Subsequent section remains unaltered)
15.705.030 Street Design:
Proposed Amendment
(Previous section remains unaltered)
C. The Applicant shall be required to design easements and dedications in a manner which
facilitates the future development of the region as determined by the Director and consistent with the City of Moses Lake Comprehensive Plan - Future Streets Map. This shall be
accomplished by establishing easements and dedications to the furthest lot line, as well as other similar methods. Cul-de-sacs are prohibited unless authorized by the Director upon
concurrence with the City Engineer. Permanent cul-de-sacs and dead-end streets are not
permitted within new developments except where permanent cul-de-sacs may only be
permitted where the applicant can demonstrate that the street design provides an acceptable
level of network circulation considering the terrain (for example, street ending at the water’s edge of Moses Lake) and adjacent existing street network and authorized by the Director
upon consultation with the City Engineer. Where a permanent cul-de-sac or dead-end street is
permitted, the following requirements shall apply:
a. If allowed, permanent cul-de-sacs shall have a minimum right-of-way and street
section as specified in Community Street and Utilities Standards, excepting for an alternative design that allows for the waiver of the planter strip and/or sidewalk within
the cul-de-sac which provides a greater turnaround radius for emergency service. This
Page 41 of 49
alternative shall include crosswalk at terminus when the sidewalk within cul-de-sac is
waived. This alternative requires City Engineer and Fire Marshal approvals.
.
b. Permanent dead-end streets in excess of 600 feet are prohibited.
(Subsequent section remains unaltered)
Page 42 of 49
Chapter 15.710
PROJECT DESIGN STANDARDS
Docket No. 25. Amendment to 15.710.020 Site Design (A) (5) (a) and (b) adding one (single)
street access (driveway/aisles) per street frontage and/or per 350ft of linear feet (single front) with potential for commercial and industrial flexibility.
15.710.020 Site Design:
A. Site Design. The following design elements shall be applied to all projects:
Proposed Amendment
(Previous section remains unaltered)
5. On-Site Vehicular Circulation, Parking, and Bicycle Facilities.
a. Excepting for single dwelling, duplex and triplex on single lot development, vehicular access points from public streets shall be limited to one (single)
access per street frontage or one per 250 linear street frontage in compliance with Standard Detail A-6 (Community Streets and Utilizes Standards), and by
sharing driveways and linking parking lots between adjacent uses.
b. Single dwelling, duplex and triplex on single lot development shall meet Standard Detail A-6 (Community Streets and Utilizes Standards) and other
residential standards,
c. On-site aisle shall be separated to reduce vehicular conflict with parking
areas.
(Subsequent section remains unaltered)
(Previous section remains unaltered)
e. Parking, bicycle, and other associated improvements shall adhere to Chapter 15.715
Parking.
(Subsequent section remains unaltered)
Page 43 of 49
Chapter 15.715
PARKING
Docket No. 5. Amendment to 15.715.110 Electric Vehicle Charging Station Standards to allow
more flexibility in parking credit and/or reduction of parking. Amendment must meet SB 5184 which caps the minimum parking requirements. Docket No. 37. Amendment to 15.715.020 to
allow for and require separating access on corner lots with fourplex development.
15.715.110 Electric Vehicle Charging Station Standards:
Proposed Amendment
(Previous section remains unaltered)
A. Parking spaces designated for electric vehicle charging shall be included in the calculation
of the number of off-street parking spaces provided pursuant to this Chapter. For example: if the total required parking spaces are 25 and the required electric vehicle parking spaces are
three (3), then the total spaces remains 25. Electric vehicle parking spaces are not added to other required spaces. See Electric Vehicle Parking Reduction for final stall count.
(Subsequent section remains unaltered)
(Previous section remains unaltered)
E. Electric Vehicle Parking Reduction. The inclusion of any electric vehicle parking space(s) receives a reduction of 20% from the overall parking requirement upon request and as
approved by the Director. For example: if the total required parking is 25 spaces and includes
any electric vehicle parking spaces, then the required overall spaces may be 20 upon request and as approved by the Director. This calculation is singular and may not be applied more
than once.
(Subsequent section remains unaltered)
15.715.020 General Standards:
Proposed Amendment
(Previous section remains unaltered)
C. Use of Streets. Except for single-family dwelling, duplex or triplex unit driveways, access
or aisles shall be designed in a manner which does not permit backing movements or other
maneuvering within or onto a street other than an alley. Fourplexes on corner lots shall
include safe intersection separations. Fourplexes on corner lots shall have access onto
each frontage to a maximum of two driveways per frontage.
(Subsequent section remains unaltered)
Page 44 of 49
Chapter 15.720
LANDSCAPING AND BUFFERING
Docket No. 28. Amendment to 15.720.040 Buffer Landscaping to add flexibility for industrial
property to strike entire front landscaping standard and add landscaping for entrances or as alternative landscaping at the building front.
15.720.040 Buffer Landscaping:
Table 15.720.040. Buffer Landscaping
Proposed Amendment
(Previous section remains unaltered)
Adjacent Use
Subject Property Use
Residential Subdivision Multifamily Manufactured
Home Park Commercial Industrial
Freeway or Highway Type I
20' wide
Type I
20' wide
Type I
20' wide
Type II
10' wide
Type II
10' wide (1)
Street Frontage Type IV
5' wide
Type IV
5' wide
Type IV
5' wide
Type IV
10' wide
Type IV
20' wide (1)
Notes:
(1) Alternative landscaping for the Street, Freeway or Highway buffer (frontage) within the Industrial Districts may be allowed meeting the following: A) This landscaping shall only be
required at the entrance(s) or “treelined driveway;” B) The entrance or lined driveway area shall
not be less than 200% of the driveway width measured from equal distance from the driveway edge; C) The Clearview Triangle shall be maintained; and D) The remainder of the property
fronting public right-of-way may be fenced to the property line or the area may include gravel mulch.
(Subsequent section remains unaltered)
Page 45 of 49
Chapter 15.735
SIGNS
Docket No. 10. Amendment to 15.735.040 and 15.735.080 adding criteria, standards and
definitions to and addressing off premise signs, billboards and public directional signs.
15.735.040 Prohibited Signs:
The following signs are prohibited:
Proposed Amendment
(Previous section remains unaltered)
D. Billboards, excepting “Off-Premises Signs” that meet the standards within 15.735.080
(Subsequent section remains unaltered)
15.735.080 Sign Types Permitted By Zone:
Table 15.825.080-1. Type of Signs, Maximum Height, and Maximum Sign Area Permitted in Non-Residential Zones
Proposed Amendment
Page 46 of 49
Zone Types of Signs
Allowed
Number of
Signs
Max. Sign
Face Area
Max. Sign
Height
Commercial or Mixed Use Off-Premises
Directional (1)
1 per
business
150 square
feet
25 feet
(Subsequent and previous
sections remain unaltered)
Off-Premises (1) 1 sign 150 square
feet
25 feet
On-Premises Directional No limit 8 square feet 6 feet
Industrial Off-Premises
Directional (1)
1 per
business
150 square
feet
25 feet
(Subsequent and previous
sections remain unaltered)
Off-Premises (1) 1 sign 150 square
feet
25 feet
On-Premises
Directional
No limit 8 square feet 6 feet
Public/Parks and Open Space Off-Premises Directional (1) 1 per business 150 square feet 25 feet
(Subsequent and previous sections remain unaltered) Off-Premises(1) 1 sign 150 square feet 25 feet
On-Premises
Directional
No limit 8 square feet 6 feet
Notes:
1. Off Premise and/or Off Premise Directional sign requires a Conditional Use Permit; may be
allowed within a residential district when located adjacent to an arterial street, the sign and
property must be owned by and advertise the same business; shall be located on vacant property (the use of residential yard is strictly prohibited); shall be located outside of right-of-
way, and shall be located no greater than 500 ft from the business being advertised as
measured from the property line of the business to the sign.
(Subsequent section remains unaltered)
Page 47 of 49
Chapter 16.02
BUILDING PERMITS
Docket No. 1. Amendment to 16.02.045 “Building Prior to Filing Final Plat” by adding
“structures” and removing “dwellings”
16.02.045 Building Prior to Filing Final Plat:
Building permits are allowed to be issued with preliminary subdivision approval prior to filing the final plat after the following conditions are met:
Proposed Amendment
(Previous section remains unaltered)
C. The site and structure(s) shall meet the normal requirements for building permits
including Title 15. The owner of the subdivision shall be the applicant for the structure(s).
D. Up to a total of four (4) structures are permitted in each subdivision phase. Prior to
approval of dwellings in phases, the prior phase(s) shall be approved, final, and recorded.
(Subsequent section remains unaltered)
(Previous section remains unaltered)
I. Improvements required by Title 12, Streets, Sidewalks, and Public Places, that serve the
structures(s) shall be completed in accordance with the accepted engineering plans prior to final inspection and issuance of a certificate of occupancy.
(Subsequent section remains unaltered)
(Previous section remains unaltered)
K. Prior to final plat or final short plat approval, the subdivider shall submit supplemental documentation that the structures(s) were constructed within the boundaries of the
proposed lot(s) and said structures comply with all applicable development and
dimensional standards.
L. There shall be no sale of dwelling(s) prior to recording of the final plat or final short plat.
M. No structure shall be inhabited and/or occupied prior to recording of the final plat or short plat and issuance of a certificate of occupancy. One (1) model unit may be used as a
temporary marketing center/office after final inspection and issuance of a temporary
certificate of occupancy. Other structures may be furnished and decorated to show the
general public after final inspection and issuance of a temporary certificate of occupancy.
(Subsequent section remains unaltered)
Page 48 of 49
Page 49 of 49
Docket No. 12, 13, 14. Amendment to 15.405.090 number (3) = (5) in the table; Amendment
to 15.405.100 number (2) = (4) in the table; and Amendment to 15.405.110 number (4) = (6)
in the table. (NOTE: This section shall not be amended but is included for a complete record of processing.)
Table 15.405.090. R-1 Building Dimensional Standards
Proposed Amendment
Not applicable.
Code Publishing addressed
STATE OF WASHINGTON
DEPARTMENT OF COMMERCE
1011 Plum Street SE PO Box 42525 Olympia, Washington 98504-2525 (360) 725-4000
www.commerce.wa.gov
Page 1 of 3
February 12, 2026
Ms. Michelene Torrey
Planning Technician
City of Moses Lake
401 S Balsam
Post Office Box 1579
Moses Lake, WA 98837
Sent Via Electronic Mail
Re: Proposed Changes to City of Moses Lake's Comprehensive Plan and Development
Regulations Submittals 2025-S-11380 and 205-S-11379
Dear Ms. Torrey:
Thank you for the opportunity to comment on the proposed changes to City of Moses Lake's
Comprehensive Plan and Development Regulations in the above referenced submittals. We
appreciate your coordination with our agency as you work to achieve the community’s vision
consistent with the goals and requirements of the Growth Management Act (GMA). We
encourage you and your community to consider the following as you present these amendments
to your appointed and elected officials.
We have a suggestion for strengthening your regulations that we encourage you to consider
during this amendment:
We like your amendments to the docketing provisions in MLUDC 15.240.040 B. We
encourage the city to review WAC 365-196-640(6). Specifically, the docketing provisions
could be strengthened by specifying what information must be included in an application;
identifying what types of amendments may be considered during an annual amendment
cycle; and identifying the authority the city council has in finalizing the docket, that is, not
including an item in a final docket, delaying an item to a future docket, or modifying a
docket item. Additionally, the docketing provisions could include the procedural steps of the
final docket, for example, identifying the docket will be forwarded to planning commission
for review, a public hearing, and recommendation to the city council this would be valuable
to staff, the officials, applicant, and the public.
We have a suggestion for strengthening your regulations that we encourage you to consider
during future amendments:
Department of Commerce: Submittal ID 2025-S-11380
Page 2 of 3
There are a number of amendments to the accessory dwelling unit provisions that will need
to be revisited during the periodic update. The city will need to ensure the ADU provisions
are consistent with RCW 36.70A.680-681. In the periodic update you’ll want to review the
setback provisions to ensure they are consistent with RCW 36.70A.681(1)(i). Additionally,
MLUDC 15.410.010 limits the use of either the primary dwelling or the accessory dwelling
as a short-term rental. RCW 36.70A.680(5) allows the city to restrict the use of the accessory
dwelling unit for short-term rentals, it's not clear the same provision applies equally to the
primary units. Note that these limits may also apply to the amendments in Chapter 15.650
MLUDC.
We have concerns that you should address before you adopt your plan and associated
development regulations:
The city is proposing amendments to Comprehensive Plan Policies 5.1.7 and 5.1.14 and a
seemingly related development regulation amendment in MLUDC 15.705.010. The changes
to the comprehensive plan change the word “require” to “encourage”. These amendments
appear to allow new development within the city without connecting to public sewer and
public water. There are two related concerns with these potential amendments: (1)
development will be allowed that is not urban in scale or (2) if development is allowed at
urban densities the development may impact groundwater used for public water supplies.
These concerns are rooted in WAC 365-196-320(1) and RCW 36.70A.070(1). WAC 365-
196-320(1)(d) states in part: “[a]t a minimum, adequate public facilities in urban areas should
include sanitary sewer systems, and public water service.... The services provided must be
adequate to allow development at urban densities and serve development at densities
consistent with the land use element...”, and RCW 36.70A.070(1) states in part: “The land
use element shall provide for protection of the quality and quantity of groundwater used for
public water supplies.”
Together these GMA provisions require that development inside the city to be at urban
densities and such development is served by public sewer and water. The statute recognizes
that cities are not obligated to install sanitary sewer to properties within the UGA when those
properties: have existing, functioning, nonpolluting on-site sewage systems; have a periodic
inspection program to verify the on-site sewage systems function properly and do not pollute
surface or groundwater; and have no redevelopment capacity; or do not require sewer service
because development densities are limited due to critical areas (see RCW 36.70A.110(11).
The provisions for a city to allow on-site sewer imply that it is intended for existing
development versus new development and thus in the comprehensive plan that is forward
looking and setting policy for future land development, the original language of the policy
that requires connection, versus encourage, would be more appropriate. We recommend
that the city retain the original language.
There appears to be corresponding amendments to the development regulations in MLUDC
15.705.010. The amendment to subsection A states in part “Except as allowed within the
exemptions below [subsections 1-9], no building permit or other development permit shall be
issued for any lot, tract or parcel of land without the installation or the existence of: city
Department of Commerce: Submittal ID 2025-S-11380
Page 3 of 3
sewer meeting adopted city standards, city water including fire protection devices meeting
adopted city standards, conformance to lot size, city street meeting adopted street standards,
city sidewalk and curb improvements meeting city standards, stormwater control meeting
city adopted standards, necessary dedicated rights of way for infrastructure, legal access to
the site, and within a legal lot of record.” We have concerns and suggestions about three of
these exemptions. The paragraphs below summarize our concerns and provide suggestions to
subsections 1 and 7.
Subsection 1 identifies an exemption for developments “within a differing Class A water
system”. It is unclear why the city would want to provide an exception to connect to a water
system. Ideally, the city’s concurrency requirements would simply require that all
developments within the city have a water concurrency certificate or some documented
evidence that development requiring water would be connected to a public water system.
Regardless of whether connected to the city system or some other water system. We
recommend that the city delete this exception entirely.
Subsection 7 exempts accessory dwelling units from the requirements of city standards and
guidelines. A plain reading implies that detached ADUs would not be required to
provide/connect to any of the items listed in section “A”. Like the comments about
subsection 1 above, ADUs within the city are required to connect to water and sewer. We
recommend that the city clarify this exception to apply only to attached ADUs.
Thank you again for the opportunity to comment. If you have any questions or need technical
assistance, please feel free to contact me at chaz.bates@commerce.wa.gov or (509) 606-3501.
Sincerely,
Chaz Bates, AICP
Senior Planner
Growth Management Services
cc: Dave Andersen, AICP, Managing Director, Growth Management Services
Benjamin Serr, AICP, Eastern Regional Manager, Growth Management Services
State of Washington
DEPARTMENT OF FISH AND WILDLIFE REGION TWO
Mailing Address: 1550 Alder Street NW, Ephrata, WA 98823-9699 · 509 754-4624 · TDD 360 902-2207
Region Two Office Location: 1550 Alder Street NW, Ephrata, WA
February 20, 2025
City of Moses Lake Community Development Department
Attention: Vivian Ramsey – Planning Manager
401 S. Balsam St.
P.O. Box 1579
Moses Lake, WA 98837
SUBJECT: PLANVIEW SUBMITTAL 2025-S-11379; PROPOSED AMENDMENT TO
MLDC CHAPTER 15 – LAND DIVISION
Dear Ms. Ramsey,
On December 31, 2025, the Washington Department of Fish and Wildlife (WDFW) received from
the Washington State Department of Commerce a Notice of Intent to Adopt the proposed
amendment referenced above. WDFW’s interest in this proposal is based on our agency’s mandate
to perpetuate fish, wildlife, and their habitat.1 Habitat Program staff review proposed changes to
jurisdictions’ land use plans to advise of potential fish and wildlife issues and impacts. In keeping
with our role as a technical advisor, we offer the following comments and recommendations.
Upon review of the submittal, it appears to consist of several proposed updates to the Moses Lake
Development Code aimed at streamlining development policies. Our focus is on proposed addition
of Chapter 15.315, which would clarify the requirements to which exempt segregations within the
city must adhere. It is our understanding that the addition does not fundamentally alter city
procedures but codifies a clear set of requirements.
The RCW allows local jurisdictions to establish exemptions to their subdivisions policies2, and
Moses Lake has formally codified these within Chapter 153. Among these exemptions is a provision
exempting subdivisions which create lots with a minimum size of five acres. We have generally
counselled jurisdictions considering this policy on the many pitfalls of allowing unreviewed
subdivision creation, particularly at small scales Among them are the potential impacts to Fish and
Wildlife Habitat Conservation Areas (FWHCAs), such as the shrubsteppe habitat present in the city
and its UGA.
Subdivisions codes commonly require alignment with other chapters of the development code for
approval of a proposed subdivision. This requirement is often critical in avoiding the creation of lots
1 RCW 77.04.012
2 RCW 58.17.040
3 MLDC 15.305.040
WDFW Comments: Proposed Amendments to the Moses Lake Land Division Code
February 20, 2025
Page 2 of 3
encumbered by the presence of critical areas or lack of reliable access to roads, water, or emergency
services. Removing that process eliminates a critical review opportunity that could prevent the
creation of these lots. At a smaller scale, encumbered lots can be particularly harmful for FWHCAs,
because building restrictions are especially impactful; it is simply harder for landowners to mitigate
for impact to habitat when there is less land available. These smaller acre lots would be either
impossible or prohibitively expensive to build upon. Residents that purchase these lots, whether to
build a home or otherwise, would then become the ones who face those challenges.
Our concern is that landowners would then need to pursue variances in order to build on lots
encumbered by critical areas, normalizing the variance process within Chapter 15.235.010, though
these lots could be prevented from doing so as the MLDC prohibits variances for hardships self-
created by the applicant4. If variances are submitted on many individual lots, this could lead to the
fragmentation of important FWHCAs. Our recommendations regarding the use of exemptions are
outlined on Page 79 of our publication, “Landscape Planning for Washington’s Wildlife: Managing
for Biodiversity in Developing Areas,” which states that “if granting variances is the normal way of
doing business, a likely result may be cumulative impacts of inadequate buffers, severed wildlife
corridors, and patches of habitat too small to maintain sensitive wildlife.” To mitigate, we
recommend the exemption or variance criteria be specific and that requirements and conditions
should have a relationship, or nexus, to the expected impacts of the development. A strong example
of this can be found in Lake Forest Municipal Code 16.16.200(B), “Land on which a wetland,
stream, landslide hazard area, or their buffers are located may not be subdivided unless each new lot
that is created can be developed under city ordinances without resort to variance and contains a
buildable area of no less than 1,000 square feet.”
Accordingly, while we appreciate and support the city’s efforts to codify requirements for
subdivisions regardless of their exemption status, we do want to iterate our concern for the potential
creation of encumbered lots that this exemption policy could allow and want to emphasize the
importance of allowing for critical areas review at the subdivision creation stage. We are very
supportive of the provisions setting guardrails within Chapter 15.315.035, particularly (K), which
requires developers to avoid the creation of critical areas encumbrance that concerns us when we
examine exempt segregation policies.
We would like to thank you for the opportunity to review and provide comments on the proposed
Moses Lake Development Code amendments. If you have any questions or would like to schedule
time with WDFW staff to discuss our comments, I can be reached by email at
brian.gaston@dfw.wa.gov or at (509) 431-0339.
4 MLDC 15.235.010(C)(2)
WDFW Comments: Proposed Amendments to the Moses Lake Land Division Code
February 20, 2025
Page 3 of 3
Sincerely,
Brian Gaston
WDFW Region 2 Habitat Program Manager
cc: Kara Whittaker, WDFW Land Use Conservation & Policy Section Manager
Cole Webster, WDFW Land Use Conservation & Policy Planner
Eric Pentico, WDFW Habitat Biologist
Paul Christianson, WDFW Region 2 Land Use Lead
Page 1 of 10
2025 MLUDC Code Amendments – Docket
Annotated
1. Amendment to 16.02.045 “Building Prior to Filing Final Plat” by adding
“structures” and removing “dwellings”
Reason - Planning Commissioner recommendation to allow advance construction at
preliminary subdivision stage (with parameters) for any form of subdivision, not just
residential.
2. Amendment to 15.415.010 and 15.650.030 to allow Short Term Rentals of ADUs
with criteria that at least one dwelling unit must be “full term” rental or owner
occupied (specific to short term rental)
Reason - Planning Commissioner recommendation to change the prohibitions of short
term rentals in Accessory Dwelling Units with parameters. The result is an opportunity
for short term rental for all dwelling units and some level of nuisance reduction with long
term occupant.
3. Amendment to 15.640.040 to allow 95% compacted gravel for parking and
loading regarding Mini Storage Development Standards within the Industrial
Zones (L-I and H-I), and amendment for an allowance to use engineered product
for “low trip volume” areas regarding mini storage.
Completed with Ordinance No. 3082 - November 25, 2025
4. Amendment to Chapter 15.105 to add definition of engineered product for “low
trip volume” areas. The engineered product definition should include porous /
pervious materials.
Completed with Ordinance No. 3082 - November 25, 2025
5. Amendment to 15.715.110 Electric Vehicle Charging Station Standards to allow
more flexibility in parking credit and/or reduction of parking. Amendment must
meet SB 5184 which caps the minimum parking requirements.
Reason - Planning Commissioner recommendation to give relief in construction of EV
parking. The credit and reduction results in a form of balance for parking that is used for
EV without adding more stalls and reducing costs for stall construction.
6. Amendment to 15.105.009 “Industry, Heavy” match number and add “primary”
Reason – Text revision to fix sentence structure that will now read correctly.
Page 2 of 10
7. Amendment to 15.610.020 General Provisions to remove “new” for cargo
containers with standards and criteria.
Reason – Over time and with code updates, “new” is not monitored. In addition, cargo
containers are placed in areas that appear contrary to the surrounding neighborhood
and “look” out of place. Also, the allowance of storage containers during construction
was added to the text changes.
8. Amendment to 15.610 to create criteria and approval requirements for cargo
containers.
Reason – This amendment was combined with No. 7. Basically, cargo containers
appear contrary to the surrounding neighborhood and “look” out of place. Also,
construction storage containers was added to the text changes.
9. Amendment to 15.410.020 (F) to reference measurement standards (15.110.020
Setback Measurements) and as applicable ADU 15.415.010 Accessory Dwelling
Units setback standards.
Reason – The Code was unclear as to consistency for applying standards for ADUs,
and helpful references were needed to direct readers to the applicable sections. This
removed the guesswork that readers experienced.
10. Amendment to 15.735.040 and 15.735.080 adding criteria, standards and
definitions to and addressing off premise signs, billboards and public directional
signs.
Reason – Planning Commissioner identified that billboards and off premise signs had
the same or too similar of definitions, and desired clarification to continue to allow, with
limits, off premise and/or public directional signs.
11. Amendment to 15.405.070 to allow drive through for restaurants, coffee stands,
banks, pharmacies and other similar and customary uses within differing zones,
and amendment 15.715.020 (E) to include standards / revisions and criteria for
stacking of vehicles.
Completed with Ordinance No. 3082 - November 25, 2025
12. Amendment to 15.405.090 number (3) = (5) in the table.
13. Amendment to 15.405.100 number (2) = (4) in the table.
14. Amendment to 15.405.110 number (4) = (6) in the table.
Page 3 of 10
NOTE: 12, 13, and 14 were addressed through Code Publishing as scrivener error, and
fixed.
15. Amendment to 15.405.070 adding Auto Repair and Auto Bodyshop to the land
use table (not listed) and amend Chapter 15.105 to clarify and add definitions
(paint and without paint)
Completed with Ordinance No. 3082 - November 25, 2025
16. Amendment to 15.420.020 building articulation to simplify “Roofline.”
Reason – The new design code was too complex for roofline and the amendment
simplifies the design element in a manner that can be readily understood.
17. Amendment to 15.320.020 Binding Site Plan to include specifics for “preliminary
engineering plans” and clarify section “a” regarding a run-on sentence.
Reason – After monitoring the updated Unified Development Code with actual Binding
Site Plan (BSP) applications, it was clear that the section did not meet the objectives of
RCW 58.17.035 nor the resulting project of that of the intent of a BSP. The intent of the
BSP process is to promote orderly and efficient community growth within the
requirements of RCW 58.17.035. In summary, binding site plans provide exact locations
and detail for the type of information appropriately addressed as a part of property
development, such as infrastructure, certification, and other requirements typical of
subdivisions. **Council excluded from Ordinance 3094 for further review**
18. Amendment to 15.320.020 Binding Site Plan to add private commercial and
industrial road standards.
Reason – No. 17 was combined with No. 18. Private commercial and industrial roads
are within the new text, and the Planning Commission outlined the transition from “road
to access aisle to parking lot.” This text addressed real Moses Lake examples where
the lines are blurred and congestion / traffic conflicts may exist.
19. Amendment to 15.320.050 (3) & 15.310.060 final subdivision process (C) (3) to
strike from the City Finance Director indicates, add “stating,” and strike included
in the binding site plan
Reason – The City of Moses Lake Finance Director does not determine assessments
for subdivision nor BSPs. This is conducted by Grant County and already addressed
elsewhere in the Code.
20. Amendments to 15.205.020 and 15.320.090 to clarify decision type for Binding
Site Plans to Type II permit.
Page 4 of 10
Reason – The MLUDC placed BSP as differing permit types in differing sections of the
Code. The conflict was resolved by removing the varied types to a single Type II
Additionally, this was “fixed” in the chart with large lot segregations.
21. Amendments to strike 16.02.040 and16.02.110. Amendments to 15.705
Community Design Standards and 15.710 Project Design Standards to add
extension / connection requirements for water, sewer and stormwater with
exemptions and processing a (DA). Amendments to 15.705, 15.710, and/or
15.305.020 Lot of Record Determination to add allowance of building permit on
unplatted property with existing infrastructure meeting City standards.
Reason – The MLMC and MLUDC included two sections regarding infrastructure
requirements for development. Under Title 16 (older code) a single lot subdivision was
required when infrastructure did not exist with or without an existing subdivision. (NOTE:
the “Unplatted Areas” and “Platting Deemed Insufficient” has complexities not listed
herein.) This used RCW 58.17 to effectivity require “development to pay for
development.” This was expensive, added time, added permitting, and was replaced by
the Unified Development Code. Basically, the UDC allowed infrastructure installment
without the requirement of processing a subdivision. The Developer Agreement
component as found to be cumbersome, and alternatives were devised with the list of
exemptions. Staff recommends that the Council also consider addressing stormwater
with the exemptions. With the amendments, the lot of record determination became
irrelevant.
22. Amendment to 13.15.040 water right transfers at time of Building Permit
exemptions for ADU and reduction for duplex to fourplex.
Reason – Water right transfer under the old code was completed at time of subdivision.
This was not efficient nor effective, so the move to building permits was created. Rather
than a reduction, the Planning Commission desired clear code (although applied by
policy) that credit was granted. Also, clarification of a fractional ERU was clarified.
23. Amendment to 15.305.040 to add RCW 58.17.040 with “anti-land-lock” provision
(Use common terms “5-acre segs” as applicable)
Reason – Large properties that needed to be separated into small development
opportunities were not allowed in the old code. The result was remnant lots which did
not meet RCW 58.17 subdivision requirements. Under 58.17.040 the City could create a
process to allow large properties to be divided into aliquot parts (as related to a Section
to five acres). The amendment creates this opportunity with parameters to ensure the
owner is aware of the exemption and is informed of the need for infrastructure to
support development.
24. Amendments to 15.640.020 and 15.640.030 adding provision for screening
ministorage.
Page 5 of 10
Reason – The new code allows for varied locations through-out Moses Lake for the
construction of ministorage. This new expansion has raised questions regarding “when
located in residential areas or more prominent corridors, how with they look.” The idea
of adding some parameters to enhance the appearance included landscaping or other
screening.
25. Amendment to 15.710.020 Site Design (A) (5) (a) and (b) adding one (single)
street access (driveway/aisles) per street frontage and/or per 350ft of linear feet
(single front) with potential for commercial and industrial flexibility.
Reason –The placement of uncontrolled driveways (solid driveways) confuses which
side of the driveway to travel and potentially adds to the frequency of collisions (left turn
movements increase the risk of collision). The addition of clarity to the standards for
driveway separations was reviewed, and changes proposed with reference to the detail
within the Streets and Utilities Manual.
26. Amendment to 15.325.040 to clarify “standard sidewalk with alternative pathway.”
Reason – The existing code was difficult to readers as to “pathway” vs “sidewalk” in the
sentence structure. The sentence was restructured for clarity that sidewalks are the
standard with the pathways for different scenarios.
27. Amendment to Chapter 15.405 Zones, Overlay Zones, And Land Use and/or
Chapter 15.410 Residential District Standards to reference Fencing- Clearview
Triangle 15.725.010
Reason – Readers of the existing code did not appear to understand that the clearview
triangle was applicable, and a reference was added to ensure safe vehicle travel at
intersections.
28. Amendment to 15.720.040 Buffer Landscaping to add flexibility for industrial
property to strike entire front landscaping standard and add landscaping for
entrances or as alternative landscaping at the building front.
Reason – In the implementation of landscaping within the City of Moses Lake industrial
areas, the need to provide options became apparent. The stretching of landscaping
along long properties does not provide the desired outcome, especially with tall
structures. Alternative for appearance ranged from murals, fencing, art walls, and other
creative ideas. The Planning Commission landed on the entrance as the focus for
landscaping (NOTE: landscaping may include xeriscape design)
29. Amendments to 15.405.090 and 15.405.100 (R-1 and R-2) to add and allow
differing lot coverage standards.
Page 6 of 10
Reason – The old code included lot coverage standards. Moses Lake was accustomed
to this type of standard. The Planning Commission landed on 70% lot coverage.
30. Amendment to 15.425.040 and 15.427.040 to add a new Flight Zones
compatibility, prohibition and density to the Airport Overlay Districts.
Completed with Ordinance No. 3082 - November 25, 2025
31. Amendment to 15.235.010 Administrative Variance to expand list to include
“Building Design Standards.”
Reason – The administrative variance section is limited to some of the bulk regulations.
In the implementation of the design standards to help beautify the city, large structures
had magnitude that did not aesthetically work with the standards with the design
regulations. Through time, it was apparent that relief and flexibility was needed with a
code amendment for small deviations.
32. Amendments to 15.325.040 and 15.705.030 to add cul-de-sac standards and
applicability with allowance for courts (define court/short cul-de-sac) to wave
sidewalk.
Reason – The City of Moses Lake is bounded by the lake and other barriers to street
connectivity. Relief was needed for specific scenarios to allow for cul-de-sacs that the
Code did not offer. The proposed code still supports connectivity and vehicle circulation,
but allows for instances of permanent dead ends (cul-de-sacs)
33. Amendments to 15.405.060 and/or 15.405.070 regarding living in an RV with
matching camping, campground, living in an RV outside of a campground and
private campground topics and distinctions.
Reason – This item was identified prior to the Council action for camping (Chapter 9.18)
and was requested for code enforcement clarification. The Planning Commission
provided changes to reference the chapter and the private campground sections of
code.
34. Amendment to Table 15.405.070 to add “casino” / small “gambling” with
separation standard from schools, churches, and other youth / community
activities.
Reason – The City of Moses Lake has existing gambling and the code did not address
the continuation or expansion of the use. The Planning Commission added standards
for gambling that provides limited control for the placement of such facilities.
Page 7 of 10
35. Amendment to Chapter 15.105 to add “environmental and/or industrial cleanup”
to Light Industrial definition.
Reason – The City of Moses Lake has existing “environmental and/or industrial
cleanup” business and the code did not address the continuation or expansion of the
use (for example - Graymar). (NOTE: “When not within code” scenario is brought to the
Planning Division, a list is maintained, interpretations provided by the Director and other
actions are completed to bring any question as to “allowance” to the Council and PC)
36. Amendment to 15.310.020 Preliminary Subdivision Approval Process to be
consistent with 15.310.070 Final Decisions and Notice of Decision, as applicable.
Reason – The code included differing standards from one stage of processing from that
of another for timelines. The permit timeline within the GMA (SB 5290) does not govern
in this instance. The permit timeline in RCW 58.17 governs and the amendment reflects
this timeline.
37. Amendment to 15.715.020 to allow for and require separating access on corner
lots with fourplex development.
Reason – Bunching four (4) driveways at a single location (single frontage to a street)
created design conflicts. An alternative to split the driveways on a corner lot (two
driveways per street frontage) allowed design to meet small lots and standards.
38. Amendments to 15.310.010 Preliminary Subdivision Application, 15.310.020
Preliminary Subdivision Approval Process, and 15.310.030 Preliminary
Subdivision Approval Criteria regarding clear “Site Plan” (preliminary engineering
for infrastructure – access, sewer, and water to serve each lot).
Reason – Originally, the amendment was to ensure consistency, but as the review
progressed the preliminary engineering plans at 30% was not easy to define nor easy to
implement. The return to the old code for “site plans” text was more defined and added.
This is a section of code that staff recommends retention of preliminary engineering for
preliminary subdivision (due to technical application, process, and RCW). The Planning
Commission recommends removal of submitting preliminary engineering under the
rationale of cost savings. The staff report includes staff information regarding the need
for preliminary engineered plans.
39. Amendment to 15.405.060 Residential Land Uses by Zone to require commercial
use on the ground floor for Mixed Use Residential Development including a
“percent” ground floor for ADA unit(s).
Reason – The Code did not clarify the need to protect the nature of commercial district
and clearly stating that the ground floor was for commercial business. Additionally, the
need to allow some level of access at the ground floor (without the need for elevator) for
ADA residential unit was considered and incorporated.
Page 8 of 10
40. Amendment to 15.405.070 Nonresidential Land Uses by Zone to add "Light
Vehicle Retail Sales or Rentals, including passenger vehicles excluding heavy"
with a distinction from "Heavy vehicle sales or rental, including tractor trailers,
RV’s, implements, etc."
Reason – The City of Moses Lake has existing vehicle sales of differing types and the
code did not address the distinctions. The Planning Commission landing on allowing
light vehicle sales in C1A (CUP), C-2, L-I and H-I.
41. Amendment to 15.405.070 Nonresidential Land Uses by Zone to add “morgue”
with adding a definition of “morgue.”
Reason – The existing code did not address morgue as a use. (NOTE: with the
Administrative Interpretation issued by the Director and this change, the Grant County
morgue project is moving forward)
42. Amendment to 15.315.010 Boundary Line Adjustment/Lot Consolidation
Application to add “A plat certificate from a title company licensed to do business
in the State of Washington, confirming that the title of the lands corresponds with
the owners described and shown on the record of survey and application.”
Reason – The code did not include a plat certificate in the application process for a
BLA. A plat certificate is a smaller version of a title report and provides necessary
information regarding ownership and encumbrances (for example: easements).
43. Amendment to 15.315.040 Boundary Line Adjustment/Lot Consolidation Final
Approval and Recording to allow for a longer time frame (90-days) with one
extension of 90-days.
Reason – The timeline within the existing code is too short. The additional time and
extension (when there are complications) provides relief to the applicant to record and
meet the BLA process.
44. Amendment to 15.405.110 to add lot dimensions to R-3 (lot width and depth) for
single family development.
Reason – The existing code allows single family lots within the R-3 High Density
Residential but did not include lot dimensions. The Planning Commission landed on 40ft
front lot width and 75ft lot depth with a reduction on curved lots to the front width.
45. Amendments to 15.405.110 High Density Residential (R-3) Standards, Table
15.405.060 Residential Land Uses by Zone, and 15.105.026 to allow for “Zero
Lot Line Home” within R-1, R-2, and R-3 for interior lots only.
Page 9 of 10
Reason – The existing code included Zero Lot Line Home in the land use table which
was unclear and was being confused with unit lot subdivision (RCW 58.17.060 (3). The
Planning Commission landed on removing the use and addressing the topic with the
2027 Periodic Update (SSSB 5258)
46. Amendments to 15.305.050 “Design Standards and Guidelines Adopted by
Reference Standards Adopted by Reference” to include the Community Street
and Utility Standards and Mapping Standards Manual.
Reason – The existing code (15.305.050) lacks the references to the Community Street
and Utility Standards and Mapping Standards Manual. Although applicable, referencing
the manuals helps the reader access these documents.
47. Amendment to add requirement for “street names” prior to final subdivision
application
Reason – Street naming should be as early as possible, and the existing code lacked
such clarification.
48. Amendment to add “lot addressing” prior to final subdivision application.
Reason – Lot addressing is key to home construction permitting and should be early in
final subdivision stage of processing, and the existing code lacked such clarification
49. Amendment to clarify appeal language for allowed uses (no ability to appeal
underlying permit) and no appeal of SEPA.
Reason – This amendment was in response to an appeal. After further review, this
amend is not necessary.
50. Amendment to 15.240.040 Docket of Proposed Amendments for the City Council
to create the Docket (single action) and subsequent processing for the Planning
Commission.
Reason – This amendment is a Council add-on to remove the nature of the extended
docket process which starts with the Planning Commission. The existing process adds
considerable time. The amendment will start the docket process with Council, thereby
cutting the duration of the process considerably.
51. Amendment to allowed uses table to expand commercial activity (limited to 2K) in
the residential district with parameters.
Reason - Council add-on at the behest of citizen request during the docket finalization.
This amendment allows residential neighborhoods to include “pocket” commercial
development on a limited scale. This also has the benefit of creating a mixed-use
Page 10 of 10
neighbor where services are near residences (encourages walkable community) (the
example is “Frank’s Market”)