Final 2024 0613 Study Session UDC Moses Lake City Council
Dustin Swartz, Mayor | Judy Madewell, Deputy Mayor | Don Myers, Council Member | Mark Fancher, Council Member
Deanna Martinez, Council Member | David Skaug, Council Member | Victor Lombardi, Council Member
Thursday, June 13, 2024
Moses Lake Civic Center – 401 S. Balsam or remote access*
Joint Meeting with Planning Commission
Special Meeting Agenda
Call to Order – 5:30 p.m.
Development Code Update (continued from 6/6 and 6/12)
Adjournment
Next Regular Council Meeting is scheduled for June 25, 2024
NOTICE: Individuals planning to attend the in-person meeting who require an interpreter or special
assistance to accommodate physical, hearing, or other impairments, need to contact the City Clerk
at (509) 764-3703 or Deputy City Clerk at (509) 764-3713 at least 24 hours in advance of the meeting.
* To join this meeting virtually, Join Meeting Now
Link to information on the entire development code update can be found on the homepage cityofml.com or directly
here: https://cityofml.com/1254/2024-Development-Code-Update
Moses Lake City Council and Planning Commission
Proposed Joint Study Sessions
Session 1 (6/11): Part 15.400 – Use Chart, Setbacks, and Study Sessions Agendas & Dates
Session 2 (TBD): Part 15.700 – Landscaping, Fences, Buffers, & Screening
Session 3 (TBD): Part 15.300 – Land Division
Session 4 (TBD): Part 15.600 – Family Day Care, Home Occupation, Short Term Rentals
Session 5 (TBD): Chapters 15.640 & 15.730 – Mini Storages and Non-Conforming Uses
Table 15.405.060 Residential Land Uses by Zone
Land Use
Zones
Residential Commercial and Mixed Use Industrial Public
R-1 R-2 R-3 C-1 C-1A C-2 L-I H-I P
Single Family Dwelling Unit P(P) P(L) (P) (P)
Zero Lot Line Home (residential dwelling in which the structure is adjacent to side
property line) P(P) P(P) (P)
Accessory Dwelling Unit (additional, subordinate dwelling unit on the same lot
which may be attached, detached, or located within the primary residence) P(P) P(P) P(P)
Duplex (residential building containing 2 dwelling units) P(NP) P(P) (P)
Townhouse (multi-story dwelling which is attached to one or more similar houses
by shared walls) (New) P P P(L)
Stacked Flats (two-story dwelling units, one over the other) (New) P P P
Triplexes (1) (New) P P P
Fourplexes (1) (New) P P P
Fiveplexes (New) P
Sixplexes (New) P
Cluster Housing Developments(2) (detached or attached dwelling units arranged in
close groups similar to cottage housing) (New) P P P
Courtyard Apartments (attached one or two stories dwelling units centered on a
shared outdoor open space or garden and only accessed by courtyard from the
street) (New)
P
Cottage Housing(2) (single dwelling units grouped together in clusters with shared
common open spaces, parking, access, amenities, and facilities on a single lot)
(New)
P
Multi-family Residential P(P) P(L) (C) (C) C(C)
Manufactured Homes P P(L) (P)
Manufactured Home Parks C C
Modular Homes (dwelling units that have parts that are manufactured in a factory
and assembled or placed on the site) (New) P P(L)
Micro (Tiny) Homes (3) (detached dwelling unit no larger than 400 square feet)
(New) P P P
Mixed Use Residential Development (means a structure or multiple structure
development that allows for two or more different land uses within such structure
or development. Mixed Use developments can be either vertical or horizontally
mixed, and could include employment uses such as office, retail, and/or lodging
along with higher-density residential uses, and in some cases, community or
cultural facilities) (New)
P P P P
Other Housing (4) (New) P P P
Assisted Living or Congregate Care (an establishment which provides living
quarters and a variety of limited personal care and supportive health care to
individuals who are unable to live independently due to infirmity of age, physical
or mental handicap, but who do not need the skilled nursing care of a
convalescent or nursing home)
P(NP) P(P) P(P) C(C) C(C)
Group Home (*group residential dwelling for people with mental or physical
disabilities) P(P) P(P) P(P) C C
Home Occupation (any endeavor conducted for financial gain or profit in a
dwelling unit where the endeavor is not generally characteristic of activities for
which dwelling units are intended or designed)
P(L) (P) P(L) (P) (P)
Short Term Rental P(L) (P) P(L) (P) (P)
Live-Work Unit (type of Mixed-Use development that combines commercial or
manufacturing space within the same structure as a residential living space that is
designed for that business owner) (New)
P P C C
Nursing Home, Memory Care, Alzheimer’s Care (New) C C C (5) P P
Protective Care (New) P P P P P P
Boarding House (an establishment with lodging for five or more persons on a
weekly or longer basis with a central kitchen and dining area maintained
exclusively for residents and their guests, for compensation) (New)
C C C P P
RV Parks (for housing) (New) P
(Emergency Housing) (facility whose primary purpose is to provide temporary or
transitional shelter and supportive services to the homeless in general or to a
specific population of the homeless for no more than 60 days) (New)
(P) (P) (P)
Transitional Housing (temporary housing provided to transitional persons for a
period of 31 calendar days to 24 months for the purpose of facilitating movement
of said persons to independent living.) (New)
(P) (P) (P) (P) (P) (P)
Development conditions (footnotes):
(1) Triplexes and Fourplexes in the R-1 and R-2 Zone shall only be located on corner lots.
(2) Cluster developments including cottage housing shall comply with the subdivision and development standards in Part 15.300. Cluster housing shall avoid critical areas in
accordance with Part 15.500.
(3) Micro (Tiny) Homes shall be allowed in each zone with densities and unit allocations as outlined in 15.415.010.
(4) Other Housing types, as they may exist now or be developed in the future, shall always be subject to all additional criteria found in referenced code sections, as well as all
applicable building, fire, and health standards.
(5) These facilities may not be located or operated on the ground floor of buildings in the C-1 or C-1A Zones.
“P” = Permitted Use; “L” = Limited Use (see section and standards); “C” = Conditional Use; (NP) = Not Permitted under Existing Code
Table 15.405.070 Non-Residential Land Uses by Zone
Land Use
Zones
Residential Commercial and Mixed Use Industrial Public
R-1 R-2 R-3 C-1 C-1A C-2 L-I H-I P
Hospitality, Recreation, and Entertainment Uses
Exhibition Halls and Museums (public facilities designed to increase the
community’s understanding and appreciation of natural and cultural history which
may include components such as exhibit, display, educational and research
facilities; interpretive kiosks; wildlife viewing areas; scenic overlooks; self-guided
trails and interpretive signs and labels)
P(P) P(P) P(P) P
Bed and Breakfast (an owner-occupied dwelling which temporarily houses guests
for profit. A bed and breakfast does not include a rooming house) P(P) P(P) P(P) C
Brewery or Winery (production only) (an establishment which manufactures
fermented malt beverages on site. A brewery may sell products manufactured on
site for on-premises and off-premises consumption but does not meet the
requirements to be considered a brewpub) (New)
P(L) P(L)
Brewpub (a restaurant that manufactures up to 5,000 barrels of fermented malt
beverages per year on premises as an accessory use. Such an accessory use shall
not occupy more than thirty percent (30%) of the gross floor area of the
restaurant.) (New)
P1 P1 P
Limited Winery / Tasting Rooms (no production) (New) P P
Distillery (a facility which produces spirits for consumption, the sales and
distribution of which are subject to regulation by the Washington State Liquor
Control Board) (New)
P P
Bar P(P) P(P) P(P)
Campground, public (a City owned facility which provides passive recreation
activities such as beaches, trails, camping sites, horticultural exhibits, or
interpretive centers.) (New)
P
Campground, private (a facility under private ownership which provides passive
recreation activities such as beaches, trails, camping sites, horticultural exhibits, or
interpretive centers.) (New)
C C
Commercial Lodging, Business or Tourist (transient lodging provided for a fee or
charge in a hotel, motel, boarding house, bed and breakfast, short term stay use
or other granting of any similar license to use real property for a period of less
than 30 days)
(C) P(P) P(P) P(P)
Commercial Lodging, Convention (transient lodging provided for a fee or charge in
a hotel, motel, boarding house, bed and breakfast, short term stay use or other
granting of any similar license to use real property for a period of less than 30 days
associated with a convention center) (New)
P P P P
Convention Center (New) P P P P
Community Center or Service Clubs (a structure owned and operated by a
nonprofit public or private corporation and used as a public meeting place for
recreation, education, and the general good of the community)
P (2)
(NP)
P (2)
(NP) P (2) (C) P(P) P(P) P(P)
Fairgrounds (a seasonal use operated for profit offering portable facilities and
equipment for recreation and entertainment) (New) P
Golf Course, public (an area of land where nine or 18 holes of golf is played. A golf
course may, or may not, include putting course and driving range) (C) (C) (C) P
Golf Course, private (an area of land where nine or 18 holes of golf is played. A
golf course may, or may not, include putting course and driving range) (C) (C) (C) C
Indoor Amusement, Recreation and Entertainment (establishments engaged in
providing amusement or entertainment for a fee or admission charge, including
but not limited to activities such as dance halls, studios, bowling alleys, billiard and
pool establishments, in-door rinks, miniature golf courses, video arcades, indoor
swimming pools, expositions, game parlors, batting cages)
P(P) P(P) P(P) P
Indoor Firing or Gun Range (an area provided with targets for the controlled
practice of shooting) (New) C C C C C
Miniature Golf Course (an informal version of golf played on a series of short
constructed obstacle courses) (New) P P P
Movie Theatre (an enclosed building or drive-in facility used for presenting, for
commercial purposes, motion pictures, films, video cassettes, or any other such
material) (New)
P
Outdoor Commercial Recreation or Amusement (establishments engaged in
providing amusement or entertainment for a fee or admission charge, including
but not limited to activities such as racetracks, golf courses, amusement parks,
amusement and bathing beaches, riding academies, carnival operations, ball
fields, play fields, skate parks, horse shows, marinas, yacht clubs, BMX courses,
paintball, golf driving ranges, and coasters)
(C) P(P) P(P) P(P) P C
Outdoor Stadium, Arena, Amphitheatre, or Drive-In Theater (a sports arena with
tiers of seats for spectators) (New) C P
Parks (an area of land that is owned or controlled by the City, that is set aside or
maintained by the City, and is used for recreation and relaxation of the public) P(P) P(P) P(P) P(P) P(P) P(P) P P P
Restaurant C (3)
(NP)
C (3)
(NP)
C (3)
(NP) P(P) P(P) P(P) P
Restaurant, Fast Food (Drive through) (an establishment which offers quick food
service which is accomplished through a limited menu of items already prepared
and held for service, or prepared, fried, or griddled quickly, or heated in a device
such as a microwave oven. Orders are not generally taken at the customer’s table,
and food is generally served in disposable wrappings or containers. There is only
limited table service.)
(C) (P) P(P) P
Skating Rink (P) (P) P(P) P
RV Park (a tract or parcel of land within a major or short subdivision which is
divided according to an approved binding site plan, and has been developed to
rent or lease park spaces to guests)
(C) P(C) C
Adult Entertainment (an establishment to which customers are invited or
permitted access, and which, for consideration of any kind, offers adult materials
to such customers when any live, video, or film materials are displayed to
customers while on the premises)
(P) C
Zoo (an establishment which maintains a collection of wild animals, typically in a
park or gardens, for study, conservation, or display to the public) (New) C C
Land Use R-1 R-2 R-3 C-1 C-1A C-2 L-I H-I P
Commercial Uses
Electric vehicle charging stations(4) (a power supply device that supplies electrical
power for recharging plug-in electric vehicles) (New) P P P P P P P P P
Fueling or service stations (any area of land, including the structures thereon, that
is used for the sale of gasoline or other motor fuels, oils, lubricants and auto
accessories (including areas for storage) and which may or may not include,
lubricating and other minor servicing but no painting operation)
(C) (P) P(P) P P
Fruit or Vegetable Stand (any facility from which seasonal fresh fruits or
vegetables produced within the state of Washington are sold to the public) (New) P
Laundromat (means a facility providing machines for the washing and drying of
clothes and personal items) (New) P P
Marijuana *retail (a person licensed by the State Liquor and Cannabis Board to
sell useable marijuana and marijuana-infused products in a retail outlet) (P) C(P) C
Motor vehicle wash (facilities for the washing of passenger cars and light trucks as
either a principal use or accessory to fueling stations, convenience stores or
similar permitted uses) (New)
P P P
Motorcycle, scooter, E-bike, ATV sales or rental(New) C C P P
Office, General (means buildings from which professional, administrative,
financial, clerical, brokering, real estate, and limited technical services are
provided)
C C (C) P(P) P(P) P(P) P
Office, Medical (office space used for the examination or treatment of patients on
an outpatient basis (with no overnight stays by patients), generally by
appointment)
P(L) (C) P(C) P(P) P(P) P
Office, Personal Services (a business that is engaged in the provision of
informational, instructional, personal improvement, personal care, or similar
services within an enclosed building) (New)
P(L) P(P) P(P) P(P) C
Retail Sales and Services P(P) P(P) P(P) P C
Kennel (Indoor) (any lot or premises on which four (4) or more dogs over four (4)
months of age are kept) P P(C) P(C) P
Kennel (outdoor) (any lot or premises on which four (4) or more dogs over four (4)
months of age are kept) (C) (C) P
Surface parking (2) (New) P P P P P
Structured parking (New) C C P P P
Veterinarian (Large Animal) (the offices of one or more licensed veterinarians,
including operating space, and space in which health care, pet grooming, or pet
day care for animals are provided)
P
Veterinarian (Small Animal) (the offices of one or more licensed veterinarians,
including operating space, and space in which health care, pet grooming, or pet
day care for animals are provided)
P(P) P(P) P(P) P
Nursery or Greenhouse, Wholesale (a place where young plants and trees are
grown for sale or for planting elsewhere) (New) P P P P
Community and Institutional Uses
Airport P
Bus or Taxi Terminal (New) C C C C
Cemetery (C) (C) (C) C P
Churches, Temples, Synagogues, etc. (a facility operated for worship, prayer,
meditation or similar activity by an organization granted tax exempt status by the
IRS)
C(C) C(C) C(C) C(C) C(C) P(P)
Crematorium (New) P P P
Day Care Center, Adult or Child,
Level 1 (an establishment for group care of 12 or less nonresident adults or
children)
C C C C(P) C(P) P(P)
Day Care Center, Adult or Child,
Level 2 (an establishment for group care of 13+ nonresident adults or children) C C C C(P) C(P) C(P)
Funeral Home (a building or part thereof used for human funeral services. Such
building may contain space and facilities for (a) embalming and the performance
of other services used in the preparation of the dead for burial; (b) the
performance of autopsies and other surgical procedures; (c) the storage of
caskets, funeral urns and other related funeral supplies; (d) the storage of funeral
vehicles; and (e) facilities for cremation)
P P
Essential Public Facilities
Hospital (a building requiring a license pursuant to Chapter 70.41 RCW and
designed and used for the medical, surgical diagnosis, treatment and housing of
persons under the care of doctors and nurses and including ancillary uses such as
cafeterias, florists and patient- and visitor-related services)
(C) C C
Pre-school (an institution primarily engaged in academic instruction for children of
pre-kindergarten age) (New) C C C
School (public or private institutions of learning having a curriculum below the
college level as required by the common school provisions of the State of
Washington)
C(C) C(C) C(C) C C C C
Makers Space / Incubator (workspace created to offer startups and new ventures
access to the resources within a single structure which is a temporary space for
new businesses, with the expectation that business will expand and move out
within two years)
P P P P
University or College, Vocational Schools (an educational institution designed for
instruction, examination, or both, of students in many branches of advanced
learning, conferring degrees in various faculties, and often embodying colleges
and similar institutions and a school in which people learn how to do a job that
requires special skills)
P P P P
Community Garden (privately or public owned land used for the cultivation of
fruits, vegetables, plants, flowers, or herbs by multiple users) P P P P P P P P
Industrial Uses
Concrete Products (New) P P
Concrete Manufacturing (New) P
Composting Facility (a location where organic municipal solid waste is collected
and stored in a controlled setting in accordance with state law) (New) P P
Land Use R-1 R-2 R-3 C-1 C-1A C-2 L-I H-I P
Cryptocurrency (the operation of specialized computer equipment for the primary
purpose of mining one (1) or more blockchain based cryptocurrencies such as
Bitcoin. This activity typically involves the solving of algorithms as part of the
development and maintenance of a blockchain which is a type of distributed
ledger maintained on a peer-to-peer network. Typical physical characteristics of
cryptocurrency mining include specialized computer hardware; high density load
(HDL) electricity use; a high energy use intensity (EUI) where the operating square
footage as determined by the utility is above two hundred fifty (250) kWh/ft2/year
and with a high load factor in addition to the use of equipment to cool the
hardware and operating space)
C(P)
Data Centers (a network of computer(s) and/or server(s) typically used by
organizations for the remote storage, processing, or distribution of large amounts
of data)
C(P)
Disposal, Industrial (storage, processing, or disposal of dangerous waste shall be
subject to the regulations of the Washington State Department of Ecology.) (C)
Food Processing (included in Light Industrial definition) P(P) P(P)
Heavy Industry (L) (industrial uses that are not specifically defined elsewhere in
the MLUDC, that can be described in one of the following four ways: Primary
processing or manufacturing or repair operations not specifically defined
elsewhere in the MLUDC or this definition; ex., metal production, cement plant,
saw mill, pulp mill, incinerator, chemical plants, fabrication of vehicles and durable
goods, meat processing) (New)
C P
Heavy vehicle sales or rental, including tractor trailers, RV’s, implements, etc. P P(P) P(C)
Heavy Logistics Center (New) P P
Light Industry (L) (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; ex., general contractor offices, commercial vehicle parking, food
production, restaurants, beverage production, furniture making, printing and
publishing, manufacture of glass and building materials, pharmaceutical
production, packaging, wholesalers) (New)
P P
Light Manufacturing
Cannabis/ Marijuana production and processing (a person licensed by the State
Liquor and Cannabis Board to produce and sell marijuana at wholesale to
marijuana processors and other licensed marijuana producers; person licensed by
the State Liquor and Cannabis Board to process marijuana into useable marijuana
and marijuana-infused products, package and label useable marijuana and
marijuana-infused products for the sale in retail outlets, and sell useable
marijuana and marijuana-infused products at wholesale to marijuana retailers)
C(P) C(P)
Recycling Collection Center (a collection point for small refuse items, such as
bottles and newspapers, located either in a container or a small structure) P(L) P(P) P(P)
Rendering Plant/Slaughterhouse (a facility that converts waste animal tissue into
stable, usable materials. Rendering can refer to any processing of animal products
into more useful materials, or, more narrowly, to the rendering of whole animal
fatty tissue into purified fats like lard or tallow; a place where animals are
slaughtered for food)
(P) P(P)
Resource Extraction (minerals) (the quarrying and mining of minerals or materials
including, but not limited to, surface mining of sand, gravel, and rock and the
primary reduction, treatment, and processing of minerals or materials together
with the necessary buildings, structures, apparatus, and appurtenances including
rock crushing, washing, sorting and asphalt mixing)
C(C)
Salvage Yard (a lot, land or structure, or part thereof, used for the collecting,
storage and sale of waste paper, rags, scrap metal or discarded material; or for the
collecting, dismantling, storage, salvaging or sale of parts of machinery or vehicles
not in running condition.)
C(P) P(P)
Self-Storage / Mini-storage (a building for short term self-service storage of
personal goods and materials for a fee or rent) C P(L) P(P) P(P)
Contractor Yard P(P) P(NP)
Storage Yard (a location for outdoor storage of: operable equipment and
materials for off-site processing, construction projects, or right-of-way
maintenance; and / or recreational vehicles, boats, trucks, commercial vehicles,
and passenger vehicles. A storage yard may include an accessory office or
caretaker facility)
P(P) P(P)
Storage of Gravel & Equipment for construction (P) (P) (P) P(P) P(P)
Governmental, Utility, and Wireless Communication
Court House P P P(C)
Fire Station P P P P P P(C) P P P
Jail (usually sited as an essential public facility) C P
Library P P(P) P(P) P(P) P
Police Station P P P P P P(C) P P P
Public Agency or Utility Office P P P(C) P
Public Agency or Utility Yard (C) (C) (C) P P P
Utility Facility C (C) (C) P(C) P P P
Freestanding Communications Tower C C C C
Alternative Tower Structure C C C C
Small Cell Wireless Facility P P P P P P P(P) P(P) P
Other Wireless Communication Facilities (Wireless Communication Facility) C C C C C C
Development conditions (footnotes):
(1) A Brewery or Winery with a retail component is limited to a maximum of 4,000 sq ft in C-1 or C-1A and 10,000 sq ft in C-2.
(2) These facilities are allowed in residential zones so long as there is no service, sale, or use or alcohol or cannabis products.
(3) Restaurants in the residential zones shall be no larger than 2,000 sq ft.
(4) Vehicle battery charging stations are permissible for the primary use of residents and their guests in all residential zones. Battery charging station clusters are permitted for
multifamily uses located in the R-3 zone.
(5) Use is described as primary use on site not secondary. Grading and/or site development permit is required.
(6) Indoor.
“P” = Permitted Use; “L” = Limited Use (see section and standards); “C” = Conditional Use; (NP) = Not Permitted under Existing Code
SETBACKS
Table 15.405.090 R-1 Building Dimensional Standards
R-1 Building Dimensions Standard Reference
Front setback (for
parking/vehicle/garage) 22 (25) feet
Front setback (residential structure) 10 (20) feet
Rear setback 15 (25/corner lots 10-15%) feet
Side setback 5 (5/6 if lot more than 65’) feet
Maximum building height 35 (30) feet
Accessory dwelling unit (ADU)
maximum height (1) 24 (16) feet 15.415.010
Accessory structure maximum height (1) 20 (16) feet
Front yard max impervious surface
coverage 40% (50%) 15.720
Minimum front yard landscaping 50% 15.720
Parking Requirements (1) 2 (2) off street spots per principal
unit
Minimum Lot Width (1) (2) 40 (65) feet (25 on curves and
cul-de-sac)
Minimum Lot Depth 75 (100)
Minimum Lot Size 4,000 (7,000) sq ft or 10 units per
acre
Lot averaging
available to reduce
below 4,000 sq ft
Notes:
(1) Exceptions and Standards for Accessory Dwelling Units are outlined in MLUDC 15.415.010.
(2) Corner lots shall have a minimum width of 60 (70) feet in the R-1 Zone.
Table 15.405.100 R-2 Building Dimensional Standards
R-2 Building Dimensions Standard Reference
Front setback (for
parking/vehicle/garage) 22(25) feet
Front setback (residential structure) 8(20) feet
Rear setback 10 (25/corner lots 10-15%) feet
Side setback 55 (5/6 if lot more than 65’) feet
Maximum building height 40 (30) feet
Accessory dwelling unit (ADU) maximum
height (1) 24 (16) feet 15.415.010
Accessory structure maximum height (1) 20 (16) feet
Front yard max impervious surface
coverage 50% (50%) 15.720
Minimum front yard landscaping 50% 15.720
Parking Requirements (1) 2 (2) off street spots per principal
unit
Minimum Lot Width (1) 40 (65) feet (25 on curves and cul-
de-sac)
Minimum Lot Depth 75 (100) feet
Minimum Lot Size 2,700 (7,000) sq ft or 10 units per
acre
Lot averaging available
to reduce below 2,700
Notes:
(1) Exceptions and Standards for Accessory Dwelling Units are outlined in MLUDC 15.415.010.
Table 15.405.110 R-3 Building Dimensional Standards
R-3 Building Dimensions Standard Reference
Front setback (for
parking/vehicle/garage) 22 (20) feet
Front setback (residential structure) 8 (15) feet
Rear setback 10 (5) feet
Side setback 5 (5) feet
Maximum building height (1) 40 (40) feet (1)
Accessory dwelling unit (ADU)
maximum height (2) 24 (16) feet 15.415.010
Accessory structure maximum height (2) 20 (16) feet
Lot building coverage 75% (50%)
Minimum landscaping or open space lot
coverage 30% (50%) 15.720
Parking Requirements (2) 2(2) off street per unit 15.715
Minimum Lot Size 2,000 (6,000) sq ft
Maximum Density (3) 25 units per acre
Notes:
(1) The maximum building height may be increased to 50 feet if the bottom floor or base layer of the
structure is used for parking.
(2) Exceptions for Accessory Dwelling Units are outlined in MLUDC 15.415.010.
(3) The Maximum Density of 25 units per acre applies to multifamily development, not for the purposes of
determining minimum lot size.
Table 15.405.120 Nonresidential and Mixed Use Building Dimensional Standards
Building Dimensions C-1 C-1A C-2 L-I H-I P (Adjacent Zones)
Lot Area N/A 8,000 (0) sf. 8,000 (0) sf. 0.5 (0) ac. 0.5 (0) ac. N/A
Lot Width 25 ft. 25 ft. 60 ft. 60 ft. 160 ft. N/A
Front Setback 0 (0) ft. 0 (0) ft. 30 (15) ft. 30 (0) ft. 35 (0) ft. 25 ft.
Street Side 0 (0) ft. 0 (0) ft. 30 (15) ft. 30 (0) ft. 30 (0) ft. 25 ft.
Interior Side
Principal Buildings 0 (0) ft. 0 (0) ft. 5 (0) ft. 5 (0) ft. 10 (0) ft. 10 ft.
Accessory Buildings 0 (0) ft. 0 (0) ft. 5 (0) ft. 5 (0) ft. 5 (0) ft. 5 ft.
Rear
Principal Buildings 0 (0) ft. 0 (0) ft. 25 (0) ft. 60 (0) ft. 100 (0) ft. 20 ft.
Accessory Buildings 0 (0) ft. 0 (0) ft. 20 (0) ft. 40 (0) ft. 45 (0) ft. 15 ft.
Maximum Building Height
Principal Buildings 100 (100) ft. 100 (100) ft. 60 (100) ft. 50 (50) ft. 75 (NR) ft. 45 ft.
Accessory Buildings 45 (100) ft. 40 (100) ft. 35 (100) ft. 20 (50) ft. 45 (NR) ft. 45 ft.
Table 15.415.020 – Tiny Home, Cottage, and Co-Housing Cluster Lot and Building Standards
Minimum Maximum
Housing
Type
Lot
Area1
Lot
Width2
Front
Setback3
Side
Setback 3
Street
Setback3
Rear
Setback3
Building
Spacing4
Building
Height
Open
Space
Tiny
Home5 NA NA 15 ft 10 ft 10 ft 15 ft 15 ft front
to front and
10 ft all
other sides
20 ft
40% Cottages6 NA NA 15 ft 10 ft 10 ft 15 ft 25 ft
Common
Building NA NA 15 ft 10 ft 10 ft 15 ft 30 ft
Notes:
1. Minimum area of subject property in which cluster development is proposed.
2. Minimum width of subject property for cluster development being proposed. If more than one
housing type is proposed in the cluster development, the largest minimum width applies.
3. Setback is for the development as a whole, relating to adjoining properties.
4. Refers to spacing for buildings within the cluster development.
5. Building footprint of 400 sf. or less
6. Building footprint of 900 sf. or less
Table 15.415.040 – Manufactured Home Parks Minimum Setbacks
Minimum Setback from the Lines of Individual Park Spaces (in Feet)
Structure Front Yard Side Yard Rear Yard
Manufactured
Home 10 (10) 10 (10) 10 (10)
Patio covers,
decks, landings,
awnings, etc.,
5 (6) 5 (6) 5 (6)
Carports 5 (6) 5 (6) 5 (6)
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
PO Box 47600, Olympia, WA 98504-7600 • 360-407-6000
June 10th, 2024
Vivian Ramsey, Planning Manager
Community Development
City of Moses Lake
321 S. Balsam St.
PO Box 1579
Moses Lake, WA 98837
RE: Comments on City of Moses Lake’s Critical Areas Ordinance Update
Dear Vivian Ramsey:
Thank you for the chance to comment on Moses Lake’s proposed Critical Areas Ordinance (CAO) as
part of the unified development code update. We have reviewed the portions of the April 11th,
2024, proposed CAO that pertain to wetlands.
We appreciate the efforts taken by the City during the drafting process to reach out for comment
back in March 2024. On March 15th, 2024, the Department of Ecology (Ecology) reviewed and sent
some recommendations on the draft provided. However, the version of the CAO submitted to
PlanView for 60-day review is very different from what was reviewed then, and we have some
significant concerns.
In the initial March 2024 CAO draft one of the primary purposes stated in the general provisions
was to “designate and classify ecologically sensitive and hazardous areas and to protect these areas
and their functions and values”. This is a goal that Ecology supports, and we would like to suggest
changes to the proposed CAO that reflect the best available science and would better promote the
overall goals of preserving wetlands and their beneficial functions and values.
15.520 General Provisions
In the 2024 March CAO draft there was a section dedicated to the purpose of the chapter.
While it is still referenced in proposed CAO’s sections list as “15.520.010 Purpose” all
language seems to have been removed. We are not sure why this was done but we
recommend this language be added back into the proposed CAO as it clarifies the purpose
and goals of the ordinance.
15.525.030 Performance standards – General requirements
(E) Wetland Buffers
The CAO references use of wetland buffer widths that have been “…established in
accordance with the best available science…” but we find that the buffer table provided is
not supported by best available science or informed by Ecology’s guidance.
The proposed CAO’s buffer widths:
Table Wetland Buffer Requirements
Wetland Category Buffer Width in feet
Category I 100
Category II 100
Category III 25
Category IV 10
Category V 5
The City’s proposed buffer widths are significantly narrower than any Ecology has
recommended and offer much less protection than what wetland science indicates is
necessary to protect habitat and water-quality functions in wetlands. These narrow buffers
would allow for the degradation and loss of wetland functions and values in Moses Lake.
The proposed CAO states that the buffer widths are based on the Washington State
Wetland Rating System for Eastern Washington: 2014 Update (Ecology Publication #14-06-
030). The table above however is not consistent with best available science and includes a
CAT V wetland that the referenced rating system does not support.
The proposed buffer table would be a significant departure from best available science, as
described in Wetlands in Washington State - Volume 1: A Synthesis of the Science (Ecology
Publication #05-06-006) especially Section 5.5, and Update on Wetland Buffers: The State of
the Science, Final Report (Ecology Publication #13-06-11). Per WAC 365-19-915, where the
proposed CAO departs from best available science, the City must set forth the reasons for
this departure and its implications and potential risks. The City’s reasoning and analysis
should be part of the findings of the adopting ordinance.
Our Wetland Guidance for Critical Areas Ordinance (CAO) Updates: Western and Eastern
Washington (Ecology Publication #22-06-014) which is based on best available science,
recommends wider buffers for all categories of wetlands than those of the proposed CAO.
The initial draft from March 2024 provided a buffer width table similar to Option 1 in
Appendix D that was closer to being aligned with our guidance. At the time,
recommendations were made to group low habitat scores as 3-5 along with other
suggestions to help align with our guidance. There is now no mention of any kind of habitat
scores or special characteristic wetlands, as was previously, to determine buffer widths.
Ecology example of recommended buffer widths for Eastern Washington (Appendix D,
Option 1):
Table 1.
Wetland buffer
width
requirements,
in feet, if Table
2 is
implemented
and a habitat
corridor is
provided
Category of
wetland
Habitat Score 3-
5 points
(corridor not
required)
Habitat Score 6-
7 points
Habitat Score 8-
9 points
Buffer width
based on special
characteristics
Category I & II:
Based on rating
of wetland
functions (and
not listed
below)
75 110 150 NA
Category I & II:
Forested
75 110 150 NA
Category I:
Bogs, calcareous
fens, and
Wetlands of
High
Conservation
Value
NA NA NA 190
Category I:
Alkali
NA NA NA 150
Category II:
Vernal pool
NA NA NA 150
Category III 60 110 150 NA
Category IV 40 40 40 NA
Ecology’s latest guidance on buffer widths relies on an understanding of what is needed to
protect different wetland functions and values and represents the best available science.
The buffer widths we recommend, like the one above, take this into account.
In the March 2024 CAO draft, we recommended the use of our updated minimization
measures table and use of a habitat corridor when reducing the buffers to the widths in the
table above. We encourage this along with use of buffers reflecting best available science.
15.525.040 Performance standards – Compensatory mitigation requirements.
(F) Mitigation Ratios
In the March 2024 CAO draft, we recommended adding preservation as a mitigation option
to the ratio table. The proposed CAO does not include it as an option. The preservation
option uses ratios like that of enhancement and can provide flexibility for applicants
proposing mitigation. We would like to restate our support of including that mitigation
option.
We urge you consider our recommendations. Overall, our biggest concern lies with the buffer
widths in the proposed CAO as we believe they would not protect wetland function according to
best available science. We recognize the difficulties involved in balancing the needs of the
environment with the needs of the citizens of Moses Lake and hope these comments are helpful to
the City in their efforts to adopt regulations that include best available science. If you have any
questions I can be reached at (360) 628-6680 or emily.atkins@ecy.wa.gov.
Sincerely,
Emily Atkins
Critical Area Ordinance Coordinator
Enclosures
cc: Matt Fisher, Department of Ecology
Lauren Driscoll, Department of Ecology
Meagan Hayes, Department of Ecology
Jeremy Sikes, Department of Ecology
Kara Whittaker, Department of Fish and Wildlife
Steve Davenport, Department of Commerce
Benjamin Serr, Department of Commerce