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2019 0709 Council Agenda Packet Moses Lake City Council Karen Liebrecht, Mayor | David Curnel, Deputy Mayor | Mike Riggs, Council Member | Don Myers, Council Member Daryl Jackson, Council Member | Ryann Leonard, Council Member| Dean Hankins, Council Member Moses Lake Civic Center – 401 S. Balsam St. Regular Meeting Agenda July 9, 2019 at 7 p.m. Call to Order – 7 p.m. Roll Call Pledge of Allegiance Summary Reports: Mayor’s Report Additional Business City Manager’s Report Citizen’s Communications – Identification Citizens who would like to address the Council must complete one of the blue speaker request cards and submit it to the City Clerk. There is a (5) minute time limit per speaker. Presentation Energy Northwest – Jennifer Harper, Business and Programs Developer Consent Agenda Motion All items listed below are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests specific items to be removed from the Consent Agenda for discussion prior to the time Council votes on the motion to adopt the Consent Agenda. #1 a. City Council Meeting Minutes dated June 25, 2019 pg 3 b. Bills and Checks Issued c. Accept 2019 Crack Seal Project d. Accept 2019 Sand Dunes Irrigation Well Project e. Award Well 28 Pump Repair Rebid f. Approve Crossroads North Phase 6 Final Major Plat Old Business #2 Solid Waste Consultant Contract – Second Presentation Motion pg 46 Presented by Cindy Jensen, Finance Director Summary: Council to review and consider authorization to execute July 9, 2019, City Council Meeting – Page 2 New Business #3 Railroad Right of Way Agreements Motion pg 50 Presented by Fred Snoderly, Municipal Services Director Summary: Council to review and consider authorization to execute #4 MLMC 10.12.045 Parking on Sidewalks Ordinance – First Presentation pg 80 Presented by Rick Rodriguez, Code Enforcement Officer Summary: Council to review and consider action on July 23 #5 MLMC Title 18 Zoning Update Ordinance – First Presentation pg 83 Presented by RJ Lott, Planning Manager Summary: Council to review and consider action on July 23 Administrative Reports Council Communications and Reports Executive Session – none scheduled Adjournment MOSES LAKE CITY COUNCIL June 25, 2019 CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 7 p.m. by Deputy Mayor David Curnel in the Council Chambers of the Civic Center, 401 S. Balsam St., Moses Lake, Washington. ROLL CALL Present: Deputy Mayor Curnel; Council Members Jackson, Myers, Leonard, and Riggs. Absent: Mayor Liebrecht and Council Member Hankins. Action taken: Council Member Leonard moved to excuse Mayor Liebrecht and Council Member Hankins, second by Council Member Riggs. The motion carried 5 – 0. PLEDGE OF ALLEGIANCE Planning Commissioner David Eck led the Council in the Pledge of Allegiance. SUMMARY REPORTS: ADDITIONAL BUSINESS Council concurred with Council Member Riggs’ request for a presentation from the North Central Regional Library Executive Director Barbara Walters. CITIZEN’S COMMUNICATION Moses Lake Airshow Terry Quick, 15913 20th Pl W, Lynwood, distributed a document at the meeting showing detail of the gross sales on each day of the event. There were 7,500 registered attendees which doubled their first year expectation. He presented a framed event poster signed by pilots and Port Commissioners as well as an event banner to the City. Moses Lake Dog Park Faith Benya, 4454 Kathy Dr., Moses Lake, and Avery Clark, 3008 W Loop Dr., Moses Lake provided suggestions to improve the dog park, advised that they are doing a fundraiser to add shade trees and benches, and inquired about license requirements for new residents. PRESENTATION State Commercial Aviation Coordinating Commission SB5370 Port of Moses Lake Commissioner Darrin Jackson and Executive Director Jeff Bishop provided a PowerPoint presentation regarding a statewide process for this Commission to recommend a hub airport to legislatures by January 2022. A hub is being considered due to the inability for SeaTac International Airport to expand further to support the long term population growth. CONSENT AGENDA #1 a. City Council meeting minutes dated June 11, 2019b.Claims in the amount of $458,008.36; claim checks in the amount of Moses Lake Council Packet 7-9-19, Page 3 $2,089,216.81; prepaid claim checks in the amounts of $5,231.55, $8,109.00, $57,234.98; and payroll checks in the amount of $426,798.97 c.Award Well 18 Starter Replacement Bidd. Award Sewer Manhole Lining Bide.Accept Juniper Drive Booster Pump Station Rehab Project Action taken: Council Member Jackson moved to approve the Consent Agenda, second by Council Member Riggs. The motion carried 5 – 0. NEW BUSINESS #2 Nuisance Abatement at 1244 S Division Resolution 3770 and at 8729 NE Vince Resolution 3771 Code Enforcement Officer Rick Rodriguez was sworn in and provided testimony regarding the nuisance violations. One property is vacant and one property has a new renter as of today. There was no other testimony and the hearing was closed. Action taken: Council Member Leonard moved to adopt Resolution 3770, second by Council Member Riggs. The motion carried 5 – 0. Action taken: Council Member Leonard moved to adopt Resolution 3771, second by Council Member Riggs. The motion carried 5 – 0. #3 Tactical Response Vehicle Purchase The City received a grant in the amount of $180k from the Paul Lauzier Foundation to go toward the purchase of a new vehicle. A copy of the quote from Lenco Armored Vehicles was included in the meeting packet. Action taken: Council Member Riggs moved to authorize staff to proceed with the purchase, second by Council Member Leonard. The motion carried 5 – 0. #4 Solid Waste Consultant Contract – First Presentation The current hauler’s contract will expire in 2020. The consultant contract is being presented in order to solicit proposals from two local haulers that are comparable. A timeline for the consultant’s contract was included in the meeting packet. ADMINISTRATIVE REPORTS Interim Police Chief Dave Sands provided a brief summary of crime statistics in 2018. Municipal Services Director Fred Snoderly shared that staff is in the process of implementing an online training software for courses related to risk management as well as tracking employee receipt of the newly released policies. Interim City Manager Kevin Fuhr received a reprieve from Council on a priority to update the 2016 Governance Manual, he advised that interviews for the Community Development Director position have been scheduled for July 11, and the 2021 Budget process is planned to kick off Moses Lake Council Packet 7-9-19, Page 4 with the annual memo from Finance on July 9. COUNCIL COMMUNICATIONS AND REPORTS – no action taken. Deputy Mayor Curnel called an Executive Session at 8:25 p.m. to be held for 10 minutes pursuant to RCW 42.30.110(1)(i) to discuss litigation and there will be no further business. The session was extended for an additional 13 minutes. ADJOURNMENT The regular meeting was adjourned at 8:40 p.m. ______________________________________ Karen Liebrecht, Mayor ATTEST____________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 7-9-19, Page 5 Moses Lake Council Packet 7-9-19, Page 6 Moses Lake Council Packet 7-9-19, Page 7 Moses Lake Council Packet 7-9-19, Page 8 Moses Lake Council Packet 7-9-19, Page 9 Moses Lake Council Packet 7-9-19, Page 10 Moses Lake Council Packet 7-9-19, Page 11 Moses Lake Council Packet 7-9-19, Page 12 Moses Lake Council Packet 7-9-19, Page 13 Moses Lake Council Packet 7-9-19, Page 14 Moses Lake Council Packet 7-9-19, Page 15 Moses Lake Council Packet 7-9-19, Page 16 Moses Lake Council Packet 7-9-19, Page 17 Moses Lake Council Packet 7-9-19, Page 18 Moses Lake Council Packet 7-9-19, Page 19 Moses Lake Council Packet 7-9-19, Page 20 Moses Lake Council Packet 7-9-19, Page 21 Moses Lake Council Packet 7-9-19, Page 22 Moses Lake Council Packet 7-9-19, Page 23 Moses Lake Council Packet 7-9-19, Page 24 Moses Lake Council Packet 7-9-19, Page 25 Moses Lake Council Packet 7-9-19, Page 26 Moses Lake Council Packet 7-9-19, Page 27 Moses Lake Council Packet 7-9-19, Page 28 Moses Lake Council Packet 7-9-19, Page 29 Moses Lake Council Packet 7-9-19, Page 30 Moses Lake Council Packet 7-9-19, Page 31 Moses Lake Council Packet 7-9-19, Page 32 Moses Lake Council Packet 7-9-19, Page 33 Moses Lake Council Packet 7-9-19, Page 34 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Fred Snoderly, Municipal Services Director Date: June 28, 2019 Proceeding Type: Consent Agenda Subject: Accept Crack Seal Project - 2019 Legislative History: •First Presentation: •Second Presentation: July 9, 2019 •Action Motion Staff Report Summary BCV, Inc. has completed the work on Crack Seal Project - 2019 and it is ready to be accepted. Background The project consisted of crack sealing 309,521 lineal feet of rubberized asphalt on designated streets and parking lots. The work completed is in the amount of $102,141.93. The original contract price for the contract was $102,300. The work performed by the contractor is physically complete and ready for acceptance. Fiscal and Policy Implications Upon acceptance, the City will enter into the 60 day lien period as required by Washington State Law. Options Option Results •Accept the project as presented.The 60 day lien period will begin. •Take no action.The project won’t be accepted at this time. Staff Recommendation Staff recommends accepting the Crack Seal Project - 2019. Attachments - None Legal Review N-A Moses Lake Council Packet 7-9-19, Page 35 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Fred Snoderly, Municipal Services Director Date: July 1, 2019 Proceeding Type: Consent Agenda Subject: Accept 2019 Sand Dunes Irrigation Well Project Legislative History: •First Presentation: •Second Presentation: July 9, 2019 •Action: Motion Staff Report Summary Bransen Drilling, LLC has completed the work on the 2019 Sand Dunes Irrigation Well project and it is ready to be accepted. Background The project consisted of drilling an irrigation well at the City’s Sand Dunes Treatment Facility. The work completed is in the amount of $183,363.35. The original contract price for the contract was $163,555.330. The additional cost was the need to drill 100 feet past the estimated depth to have sufficient pumping capacity to run the irrigation pivot. The work completed by the contractor is physically complete and ready for acceptance. Fiscal and Policy Implications Upon acceptance, the City will enter into the 60-day lien period as required by Washington State Law. Options Option Results •Move to accept the project as presented.The 60-day lien period will begin. •Take no action.The project will not be accepted at this time. Staff Recommendation Staff recommends accepting the 2019 Sand Dunes Irrigation Well project. Attachments None Legal Review N-A Moses Lake Council Packet 7-9-19, Page 36 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Fred Snoderly, Municipal Services Director Date: July 2, 2019 Proceeding Type: Consent Agenda Subject: Award 2019 Well 28 Repairs Rebid Legislative History: •First Presentation: •Second Presentation: •Requested Action: July 9, 2019 Motion Staff Report Summary On June 27, 2019, staff opened bids for the 2019 Well 28 Repairs Rebid project. This project includes pulling the pump and motor to assess damages, with repairs to be determined after assessment. The City received four responsive bids for the work. The low bid is $13,404.29 from Pumptech; the second bid of $23,944.15 was received from Schneider Equipment. The engineer’s estimate is $24,052.25. Additional expenses for repairs are unknown until we pull the pump and motor. We previously opened bids for this project on June 12 and all three bids were non-responsive. Background The 2019 budget includes $140,000 for well repairs. Fiscal and Policy Implications The project will require budgeted funds to be spent. Moses Lake Council Packet 7-9-19, Page 37 Options Option Results •Award the 2019 Well 28 Repair Rebid to Pumptech in the amount of $13,005.40. Staff will move forward with executing a contract with the low bidder to complete the work. •Reject all bids and readvertise.Staff will reject all bids and prepare a second rebid. •Take no action Staff will stop working on this project and wait for further direction from City council. Well 28 will remain off line. Staff Recommendation Staff recommends accepting the bid from Pumptech in the amount of $13,404.29. Attachments A. Bid Summary Legal Review N-A Moses Lake Council Packet 7-9-19, Page 38 Moses Lake Council Packet 7-9-19, Page 39 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: RJ Lott, Planning Manager Date: July 1, 2019 Proceeding Type: Consent Agenda Subject: Crossroad North Phase - 6 Final Major Plat Acceptance Legislative History: • First Presentation: July 9, 2019 • Second Presentation: • Action: Motion Staff Report Summary Attached is the Crossroads North Phase 6 Final Major Plat, Findings of Fact as recommended by the Planning Commission. The Planning Commission considered the Final Plat at a regular meeting held on June 27, 2019 and recommended approval of the final plat as presented. Background The proposed plat is for a 30-lot residential subdivision. The property is being subdivided so that houses can be built and lots can be sold. The development will complete the Crossroads and Crossroads North Subdivisions. Fiscal and Policy Implications None Options Option Results • Move to approve Crossroads North Phase 6 Final Major Plat as presented. The Crossroads North Phase 6 Final Major Plat can be finalized in compliance with City Regulations. Parcels can be sold and homes built. Moses Lake Council Packet 7-9-19, Page 40 •Take no action.The Final Major Plat does not move forward to recordation. Staff Recommendation Staff recommends approval of the Crossroads North Phase 6 Final Major Plat and Findings of Fact as recommended by the Planning Commission. Attachments A. Findings of Fact B. Maps & Aerial Legal Review N-A Moses Lake Council Packet 7-9-19, Page 41 Moses Lake Council Packet 7-9-19, Page 42 Moses Lake Council Packet 7-9-19, Page 43 ©’ I YDENHOMESI’A A R ON A. DYCK N Moses Lake Council Packet 7-9-19, Page 45 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Cindy Jensen, Finance Director Date: July 1, 2019 Proceeding Type: Old Business Subject: Contract to Prepare Solid Waste Collection RFP Legislative History: • First Presentation: June 25, 2019 • Second Presentation: July 9, 2019 • Requested Action: Motion Staff Report Summary Before the RFP process started, our current hauler, Lakeside Disposal, presented a draft proposal. A Council sub-committee was tasked with reviewing the draft proposal and requested that we also entertain a proposal from the local hauler Consolidated Disposal Services, Inc. (CDSI). To ensure a fair and equitable process, we are proposing to contract with a subject matter expert to prepare the documentation for a limited Request for Proposal (RFP) for solid waste collection services. Background Our current hauling contract with Lakeside Disposal expires in August 2020. Because of the long lead times necessary to implement a solid waste collection system, last fall the City was researching the possibility of contracting with a subject matter expert to prepare an RFP for solid waste collection. Council had expressed an interest in going out to bid for a hauler because the Lakeside Disposal contract was originally effective in 2003, and we have executed five amendments to the contract that currently runs through 2020. Last September 11, 2018, staff presented Council with a proposal from Bell & Associates, the consultant who had prepared the cost of service study, for preparing a “full scope” RFP. The estimate of cost for the consultant in the amount of $22,000 was included in the 2019 budget based on Council direction at the time. Moses Lake Council Packet 7-9-19, Page 46 The sub-committee met with Staff and Lakeside Disposal personnel on February 22. At the conclusion of that meeting, the sub-committee’s recommendation was to ask the local hauler, CDSI, for a proposal too. The decision to consider proposals from more than one hauler created the need to standardize a process. This will include documenting the services we are asking the hauler to provide, and developing criterion to compare the results (which will include estimating the cost of the basic service proposal, as well as the “soft” issues such as customer service). Without an adequate evaluation process, we would not have a solid basis to make a recommendation. Fiscal and Policy Implications The 2019 Sanitation budget includes $22,000 for a consultant to manage the solid waste collection RFP process. The balance of $9,000 would be included in the 2020 budget. Options Option Results • Move to award a contract with Bell and Associates to prepare a solid waste collection RFP Staff will proceed with executing the contract for services • Modify the Bell and Associates Contract Provide staff with specific changes • Take no action Consider amending the contract with Lakeside Disposal without entertaining a competitive process Staff Recommendation – Second Presentation on July 9 Staff recommends accepting the proposal from Bell and Associates to manage an RFP process for solid waste collection services, for a not to exceed amount of $31,000. Attachments A. Draft scope of work for contract with Bell & Associates Legal Review --N/A Moses Lake Council Packet 7-9-19, Page 47 PROJECT PHASE 1 – June 2019 to November 2019 Task 1.1 – Review solid waste plan, City ordinances, existing contracts, submitted bids from both haulers, and gather background information The Consultant will identify major policy and program issues requiring clarification and City direction, with attention to technical, economic and financial, and reporting. Note: With the short turn around, a decision on the service changes and/or additions needs to be made quickly by either City staff or City staff / key City Council members. Completion by Monday, July 31 Task 1.2 – Develop service specifications and proposal packets Based on the City’s current customer counts of residential and commercial customers and the life of the proposed contract, we will draft the RFP for distribution to Lakeside and Consolidated. The consultant will estimate the total value of the contract to be awarded. We will draft the RFP and assist the City Attorney with updating / drafting of the collection agreement. Task 1.3: Solicit input from City Council Consultant and City staff / City attorney will meet with Council to review the Draft RFP and amend as directed. Completion by August 31, 2019 Task 1.4: Issue Request for Proposal The consultant will finalize the RFP for distribution to Lakeside Disposal and Recycling and Consolidated Disposal Services. Completion by September 17, 2019 Tasks 1.5: Follow up on hauler questions / Issue addenda We will assist City staff in responding to questions originating from the RFP and assist in writing an addendum to the RFP to formally respond to all questions raised in writing. Proposals to the RFP should be submitted by the haulers no later than October 31, 2019. Completion by November 15, 2019 PROJECT PHASE 2 – December 2019 to February 2020 Task 2.1: Proposals Evaluation and Recommendation The Consultant will review the technical proposals and first determine if there are any non-responsive proposals to the requirements of the RFP. We will identify any issues that may require clarifications from the proposers. We will review the cost proposals and identify any issues requiring clarification from the proposers. The Consultant will summarize its findings and recommendations to City staff, including any implications of options proposed, or exceptions taken to the draft agreement. The Consultant will Moses Lake Council Packet 7-9-19, Page 48 draft a memo for City staff to circulate draft recommendations to the Evaluation Committee, for their information. Task 2.2: Negotiate Collection Contract(s) The Consultant will evaluate and recommend how to respond to options and exceptions to the agreement that may be proposed, considering the City’s priorities in designing the RFP and ranking the proposals. Task 2.3: Assist and Execute Contract Agreement The Consultant will assist City legal counsel with the preparation of the final draft agreement for review by City staff, then the proposer. The Consultant involvement in the final agreement negotiations will be focused on substantive clauses affecting the services provided and the structure of the business deal. A comprehensive plan that will be submitted by the successful proposer will list specific tasks and their expected completion dates. The Consultant will assist the City and service provider(s) in the transition to the current system as directed by the City. The proposers will be required to address how the various services / changes will be met in their proposals. We will review the service providers detailed Transition Plan and schedule that should be a component of the agreement. Project Schedule Task Task Description Budget Completion Date 1.1 Review background information $2,480 July 2019 1.2 Develop service specs and RFP packages $6,200 August 2019 1.3 Provide status update to City Council $3,100 August 2019 1.4 Issue Draft RFP to Industry / Update RFP $4,650 September 2019 1.5 Issue RFP $4,650 September 2019 Total Phase 1 $21,080 2.1 Proposal Evaluation / Select Service Provider $4,650 January 2019 2.2 Negotiate Contract $1,860 January 2020 2.3 Assist and Execute Agreement $1,860 February 2020 System Implementation $1,550 August 2020 Total Phase 2 $9,920 Project Budget per Fiscal Year Phase Amount Hours Project Cost in 2019 – Phase 1 $21,080 136 Project Cost in 2020 – Phase 2 $9,920 64 Totals $31,000 200 Moses Lake Council Packet 7-9-19, Page 49 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Fred Snoderly, Municipal Services Director Date: June 28, 2019 Proceeding Type: New Business Subject: Columbia Basin Railroad License Agreements Legislative History: • First Presentation: July 9, 2019 • Second Presentation: • Requested Action: Motion Staff Report Summary If approved for a sum of $3,600, the City would enter into a license with Columbia Basin Railroad for a term of 25 years. The City would agree to the terms and conditions spelled out in the agreement. Background In 2006, as part of The Crossing Major Plat, an 8” PVC water main and a 2” HDPE pressure sewer line was placed under the railroad right of way to serve the Crossing Major Plat. As part of that crossing the City was asked to enter into an agreement with the Columbia Basin Railroad for the utility’s crossing under the railroad right of way. In late 2017 or early 2018, it was brought to our attention that this agreement had never been signed. Fiscal and Policy Implications For the sum of $3,600 the City will be allowed to use the railroad right of way for a term of 25 years. Moses Lake Council Packet 7-9-19, Page 50 Options Option Results • Move to authorize contract execution The license agreement would be signed for a term of 25 years. • Modify the agreements Action could require staff to bring a revised document to Council for consideration. • Take no action The City will not enter into a license with Columbia Basin Railroad. Staff Recommendation Staff recommends City Council authorize execution of the agreements as presented. Attachments A. Pipeline License Agreement 18-3302 B. Pipeline License Agreement 18-3303 Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Railroad Agreement Pipeline License June 21, 2019 Moses Lake Council Packet 7-9-19, Page 51 PIPELINE LICENSE THIS LICENSE (“License”), made as of the 1st day of April, 2018 ("Effective Date") by and between COLUMBIA BASIN RAILROAD, a Washington corporation ("Licensor") and CITY OF MOSES LAKE, a Washington municipal corporation ("Licensee"). NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree to the following: GENERAL 1. Licensor hereby grants Licensee a non-exclusive license, subject to all rights, interests, and estates of third parties, including, without limitation, any leases, use rights, easements, liens, or other encumbrances, and upon the terms and conditions set forth below, to construct and maintain, in strict accordance with the drawings and specifications approved by Licensor as part of Licensee's application process (the "Drawings and Specifications"), one (1) Pipeline, 8 inches in diameter inside a 18 inch steel casing (“PIPELINE”), across or along the rail corridor of Licensor at or near the station of Moses Lake, County of Grant, State of Washington, Line Segment 0379, Mile Post 12.87 as shown redlined on the attached Drawing, dated 4/10/2018, attached hereto as Exhibit “A” and made a part hereof (“Premises”). 2. Licensee shall not disturb any improvements of Licensor or Licensor's existing lessees, Licensees, easement beneficiaries or lien holders, if any, or interfere with the use of such improvements. 3. Licensee shall use the Premises solely for construction and maintenance of a PIPELINE in accordance with the Drawings and Specifications carrying potable water. Licensee shall not use the PIPELINE to carry any other commodity or use the Premises for any other purpose. Licensee covenants that it will not handle or transport "hazardous waste" or "hazardous substances", as "hazardous waste" and "hazardous substances" may now or in the future be defined by any federal, state, or local governmental agency or body through the PIPELINE on Licensor’s property. Licensee agrees periodically to furnish Licensor with proof, satisfactory to Licensor that Licensee is in such compliance. Should Licensee not comply fully with the above-stated obligations of this Section, notwithstanding anything contained in any other provision hereof, Licensor may, at its option, terminate this License by serving five (5) days' notice of termination upon Licensee. Upon termination, Licensee shall remove the PIPELINE and restore Licensor's property as herein elsewhere provided. 4. In case of the eviction of Licensee by anyone owning or claiming title to or any interest in the Premises, or by the abandonment by Licensor of the affected rail corridor, Licensor shall not be liable to refund Licensee any compensation paid hereunder, except for the pro- rata part of any recurring charge paid in advance, or for any damage Licensee sustains in Moses Lake Council Packet 7-9-19, Page 52 connection therewith. 5. Any contractors or subcontractors performing work on the PIPELINE or entering the Premises on behalf of Licensee shall be deemed servants and agents of Licensee for purposes of this License. TERM 6. This License shall commence on the Effective Date and shall continue for a period of twenty-five (25) years, subject to prior termination as hereinafter described. COMPENSATION 7. (a) Licensee shall pay Licensor, prior to the Effective Date, the sum of Three Thousand Six Hundred Dollars ($3,600.00) as compensation for the use of the Premises. (b) Licensee agrees to reimburse Licensor (within thirty (30) days after receipt of bills therefor) for all costs and expenses incurred by Licensor in connection with Licensee's use of the Premises or the presence, construction and maintenance of the PIPELINE, including but not limited to the furnishing of Licensor's Flagman and any vehicle rental costs incurred. The cost of flagger services provided by the Railway, when deemed necessary by the Railway's representative, will be borne by the Licensee. The estimated cost for one (1) flagger is $800.00 for an eight (8) hour basic day with time and one-half or double time for overtime, rest days and holidays. The estimated cost for each flagger includes vacation allowance, paid holidays, Railway and unemployment insurance, public liability and property damage insurance, health and welfare benefits, transportation, meals, lodging and supervision. Negotiations for Railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase actual or estimated flagging rates. The flagging rate in effect at the time of performance by the Contractor hereunder will be used to calculate the actual costs of flagging pursuant to this paragraph. (c) All invoices are due thirty (30) days after the date of invoice. In the event that Licensee shall fail to pay any monies due to Licensor within thirty (30) days after the invoice date, then Licensee shall pay interest on such unpaid sum from thirty (30) days after its invoice date to the date of payment by Licensee at an annual rate equal to (i) the greater of (a) for the period January 1 through June 30, the prime rate last published in The Wall Street Journal in the preceding December plus two and one-half percent (2 1/2%), and for the period July 1 through December 31, the prime rate last published in The Wall Street Journal in the preceding June plus two and one-half percent (2 1/2%), or (b) twelve percent (12%), or (ii) the maximum rate permitted by law, whichever is less. COMPLIANCE WITH LAWS 8. (a) Licensee shall observe and comply with any and all laws, statutes, regulations, Moses Lake Council Packet 7-9-19, Page 53 ordinances, orders, covenants, restrictions, or decisions of any court of competent jurisdiction (“Legal Requirements”) relating to the construction, maintenance, and use of the PIPELINE and the use of the Premises. (b) Prior to entering the Premises, Licensee shall and shall cause its contractor to comply with all Licensor’s applicable safety rules and regulations. Prior to commencing any work on the Premises, Licensee shall complete and shall require its contractor to complete the safety-training program at the following Internet Website “http://contractororientation.com”. This training must be completed no more than one year in advance of Licensee’s entry on the Premises. DEFINITION OF COST AND EXPENSE 9. For the purpose of this License, “cost’ or “costs” “expense” or “expenses” includes, but is not limited to, actual labor and material costs including all assignable additives, and material and supply costs at current value where used. RIGHT OF LICENSOR TO USE 10. Licensor excepts and reserves the right, to be exercised by Licensor and any other parties who may obtain written permission or authority from Licensor: (a) to maintain, renew, use, operate, change, modify and relocate any existing pipe, power, communication lines and appurtenances and other facilities or structures of like character upon, over, under or across the Premises; (b) to construct, maintain, renew, use, operate, change, modify and relocate any tracks or additional facilities or structures upon, over, under or across the Premises; or (c) to use the Premises in any manner as the Licensor in its sole discretion deems appropriate, provided Licensor uses all commercially reasonable efforts to avoid material interference with the use of the Premises by Licensee for the purpose specified in Section 3 above. LICENSEE’S OPERATIONS 11. (a) Licensee shall notify Licensor's Dispatcher, telephone 509-453-9166 ext 105, at least five (5) business days prior to installation of the PIPELINE and prior to entering the Premises for any subsequent maintenance thereon. (b) In performing the work described in Section 3, Licensee shall use only public roadways to cross from one side of Licensor's tracks to the other. 12. (a) Under no conditions shall Licensee be permitted to conduct any tests, investigations or any other activity using mechanized equipment and/or machinery, or place or store any mechanized equipment, tools or other materials, within twenty-five (25) feet of the centerline of any railroad track on the Premises unless Licensee has Moses Lake Council Packet 7-9-19, Page 54 obtained prior written approval from Licensor. Licensee shall, at its sole cost and expense, perform all activities on and about the Premises in such a manner as not at any time to be a source of danger to or interference with the existence or use of present or future tracks, roadbed or property of Licensor, or the safe operation and activities of Licensor. If ordered to cease using the Premises at any time by Licensor's personnel due to any hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to monitor Licensee's use of the Premises to determine the safe nature thereof, it being solely Licensee's responsibility to ensure that Licensee's use of the Premises is safe. Neither the exercise nor the failure by Licensor to exercise any rights granted in this Section will alter the liability allocation provided by this License. (b) Licensee shall, at its sole cost and expense, construct and maintain the PIPELINE in such a manner and of such material that it will not at any time be a source of danger to or interference with the existence or use of present or future tracks, roadbed or property of Licensor, or the safe operation and activities of Licensor. Licensor may direct one of its field engineers to observe or inspect the construction and/or maintenance of the PIPELINE at any time for compliance with the Drawings and Specifications. If ordered at any time to halt construction or maintenance of the PIPELINE by Licensor's personnel due to non-compliance with the same or any other hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to observe or inspect, or to halt work on, the PIPELINE, it being solely Licensee's responsibility to ensure that the PIPELINE is constructed in strict accordance with the Drawings and Specifications and in a safe and workmanlike manner in compliance with all terms hereof. Neither the exercise nor the failure by Licensor to exercise any right granted by this Section will alter in any way the liability allocation provided by this License. If at any time Licensee shall, in the sole judgment of Licensor, fail to properly perform its obligations under this Section, Licensor may, at its option and at Licensee’s sole expense, arrange for the performance of such work as it deems necessary for the safety of its operations and activities. Licensee shall promptly reimburse Licensor for all costs and expenses of such work, upon receipt of an invoice for the same. Licensor's failure to perform any obligations of Licensee shall not alter the liability allocation hereunder. 13. During the construction and any subsequent maintenance performed on the PIPELINE, Licensee shall perform such work in a manner to preclude damage to the property of Licensor, and preclude interference with the operation of its railroad. The construction of the PIPELINE shall be completed within one (1) year of the Effective Date. Upon completion of the construction of the PIPELINE and after performing any subsequent maintenance thereon, Licensee shall, at Licensee's own cost and expense, restore Licensor's Premises to their former state as of the Effective Date of this License. 14. If at any time during the term of this License, Licensor shall desire the use of its rail corridor in such a manner as would, in Licensor's reasonable opinion, be interfered with by the PIPELINE, Licensee shall, at its sole expense, within ninety (90) days after receiving Moses Lake Council Packet 7-9-19, Page 55 written notice from Licensor to such effect, make such changes in the PIPELINE as in the sole discretion of Licensor may be necessary to avoid interference with the proposed use of Licensor’s rail corridor, including, without limitation, the relocation of the existing or the construction of new a PIPELINE(s). 15. (a) Prior to Licensee conducting any boring work on or about any portion of the Premises, Licensee shall explore the proposed location for such work with hand tools to a depth of at least three (3) feet below the surface of the ground to determine whether pipelines or other structures exist below the surface, provided, however, that in lieu of the foregoing, the Licensee shall have the right to use suitable detection equipment or other generally accepted industry practice (e.g., consulting with the Underground Services Association) to determine the existence or location of pipelines and other subsurface structures prior to drilling or excavating with mechanized equipment. Upon Licensee’s written request, which shall be made thirty (30) business days in advance of Licensee’s requested construction of the PIPELINE, Licensor will provide Licensee any information that Licensor has in the possession of its Engineering Department concerning the existence and approximate location of Licensor’s underground utilities and pipelines at or near the vicinity of the proposed PIPELINE. Prior to conducting any such boring work, the Licensee will review all such material. Licensor does not warrant the accuracy or completeness of information relating to subsurface conditions and Licensee's operations will be subject at all times to the liability provisions herein. (b) For all bores greater than 26-inch diameter and at a depth less than 10.0 feet below bottom of rail, a soil investigation will need to be performed by the Licensee and reviewed by Licensor prior to construction. This study is to determine if granular material is present, and to prevent subsidence during the installation process. If the investigation determines in Licensor's reasonable opinion that granular material is present, Licensor may select a new location for Licensee's use, or may require Licensee to furnish for Licensor's review and approval, in its sole discretion a remedial plan to deal with the granular material. Once Licensor has approved any such remedial plan in writing, Licensee shall, at its sole cost and expense, carry out the approved plan in accordance with all terms thereof and hereof. 16. Any open hole, boring or well constructed on the Premises by Licensee shall be safely covered and secured at all times when Licensee is not working in the actual vicinity thereof. Following completion of that portion of the work, all holes or borings constructed on the Premises by Licensee shall be: (a) filled in to surrounding ground level with compacted bentonite grout; or (b) otherwise secured or retired in accordance with any applicable Legal Requirement. No excavated materials may remain on Licensor’s property for more than ten (10) days, but must be properly disposed of by Licensee in accordance with applicable Legal Requirements. Moses Lake Council Packet 7-9-19, Page 56 17. Upon termination of this License, Licensee shall, at its sole cost and expense: (a) remove the PIPELINE and all appurtenances thereto, or, at the sole discretion of the Licensor, fill and cap or otherwise appropriately decommission the PIPELINE with a method satisfactory to Licensor; (b) report and restore any damage to the Premises arising from, growing out of, or connected with Licensee’s use of the Premises; (c) remedy any unsafe conditions on the Premises created or aggravated by Licensee; and (d) leave the Premises in the condition which existed as of the Effective Date of this License. 18. Licensee’s on-site supervisions shall retain/maintain a fully executed copy of this License at all times while on the Premises. LIABILITY 19. (a) TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL AND SHALL CAUSE ITS CONTRACTOR TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS LICENSOR AND LICENSOR'S AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION, REMOVAL AND REMEDIATION AND GOVERNMENTAL OVERSIGHT COSTS) ENVIRONMENTAL OR OTHERWISE (COLLECTIVELY "LIABILITIES") OF ANY NATURE, KIND OR DESCRIPTION OF ANY PERSON OR ENTITY ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART): (i) THIS LICENSE, INCLUDING, WITHOUT LIMITATION, ITS ENVIRONMENTAL PROVISIONS, (ii) ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE, (iii) LICENSEE'S OCCUPATION AND USE OF THE PREMISES, Moses Lake Council Packet 7-9-19, Page 57 (iv) THE ENVIRONMENTAL CONDITION AND STATUS OF THE PREMISES CAUSED BY OR CONTRIBUTED BY LICENSEE, OR (v) ANY ACT OR OMISSION OF LICENSEE OR LICENSEE'S OFFICERS, AGENTS, INVITEES, EMPLOYEES, OR CONTRACTORS, OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER, EVEN IF SUCH LIABILITIES ARISE FROM OR ARE ATTRIBUTED TO, IN WHOLE OR IN PART, ANY NEGLIGENCE OF ANY INDEMNITEE. THE ONLY LIABILITIES WITH RESPECT TO WHICH LICENSEE'S OBLIGATION TO INDEMNIFY THE INDEMNITEES DOES NOT APPLY ARE LIABILITIES TO THE EXTENT PROXIMATELY CAUSED BY THE SOLE NEGLIGENCE OF AN INDEMNITEE. (b) FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NOTWITHSTANDING THE LIMITATION IN SECTION 19(a), LICENSEE SHALL AND SHALL CAUSE ITS CONTRACTOR TO NOW AND FOREVER WAIVE ANY AND ALL CLAIMS, REGARDLESS WHETHER BASED ON THE STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, THAT RAILROAD IS AN “OWNER”, “OPERATOR”, “ARRANGER”, OR “TRANSPORTER” WITH RESPECT TO THE PIPELINE FOR THE PURPOSES OF CERCLA OR OTHER ENVIRONMENTAL LAWS. LICENSEE WILL INDEMNIFY, DEFEND AND HOLD THE INDEMNITEES HARMLESS FROM ANY AND ALL SUCH CLAIMS REGARDLESS OF THE NEGLIGENCE OF THE INDEMNITEES. LICENSEE FURTHER AGREES THAT THE USE OF THE PREMISES AS CONTEMPLATED BY THIS LICENSE SHALL NOT IN ANY WAY SUBJECT LICENSOR TO CLAIMS THAT LICENSOR IS OTHER THAN A COMMON CARRIER FOR PURPOSES OF ENVIRONMENTAL LAWS AND EXPRESSLY AGREES TO INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FOR ANY AND ALL SUCH CLAIMS. IN NO EVENT SHALL LICENSOR BE RESPONSIBLE FOR THE ENVIRONMENTAL CONDITION OF THE PREMISES. (c) TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE FURTHER AGREES, AND SHALL CAUSE ITS CONTRACTOR TO AGREE REGARDLESS OF ANY NEGLIGENCE OR ALLEGED NEGLIGENCE OF ANY INDEMNITEE, TO INDEMNIFY, AND HOLD HARMLESS THE INDEMNITEES AGAINST AND ASSUME THE DEFENSE OF ANY LIABILITIES ASSERTED AGAINST OR SUFFERED BY ANY INDEMNITEE UNDER OR RELATED TO THE FEDERAL EMPLOYERS' LIABILITY ACT ("FELA") WHENEVER EMPLOYEES OF LICENSEE OR ANY OF ITS AGENTS, INVITEES, OR CONTRACTORS CLAIM OR ALLEGE THAT THEY ARE EMPLOYEES Moses Lake Council Packet 7-9-19, Page 58 OF ANY INDEMNITEE OR OTHERWISE. THIS INDEMNITY SHALL ALSO EXTEND, ON THE SAME BASIS, TO FELA CLAIMS BASED ON ACTUAL OR ALLEGED VIOLATIONS OF ANY FEDERAL, STATE OR LOCAL LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE SAFETY APPLIANCE ACT, THE BOILER INSPECTION ACT, THE OCCUPATIONAL HEALTH AND SAFETY ACT, THE RESOURCE CONSERVATION AND RECOVERY ACT, AND ANY SIMILAR STATE OR FEDERAL STATUTE. (d) Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit or other proceeding brought against any Indemnitee by any entity, relating to any matter covered by this License for which Licensee has an obligation to assume liability for and/or save and hold harmless any Indemnitee. Licensee shall pay all costs incident to such defense, including, but not limited to, attorneys' fees, investigators' fees, litigation and appeal expenses, settlement payments, and amounts paid in satisfaction of judgments. PERSONAL PROPERTY WAIVER 20. ALL PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, FIXTURES, EQUIPMENT, OR RELATED MATERIALS UPON THE PREMISES WILL BE AT THE RISK OF LICENSEE ONLY, AND NO INDEMNITEE WILL BE LIABLE FOR ANY DAMAGE THERETO OR THEFT THEREOF, WHETHER OR NOT DUE IN WHOLE OR IN PART TO THE NEGLIGENCE OF ANY INDEMNITEE. INSURANCE 21. Licensee shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: A. Commercial General Liability Insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $2,000,000 each occurrence and an aggregate limit of at least $4,000,000. Coverage must be purchased on a post 1998 ISO occurrence or equivalent and include coverage for, but not limited to, the following: ♦ Bodily Injury and Property Damage ♦ Personal Injury and Advertising Injury ♦ Fire legal liability ♦ Products and completed operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: ♦ The employee and workers compensation related exclusions in the above policy shall not apply with respect to claims related to railroad employees. Moses Lake Council Packet 7-9-19, Page 59 ♦ The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. ♦ Any exclusions related to the explosion, collapse and underground hazards shall be removed. No other endorsements limiting coverage may be included on the policy. B. Business Automobile Insurance. This insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: ♦ Bodily injury and property damage ♦ Any and all vehicles owned, used or hired C. Workers Compensation and Employers Liability Insurance. This insurance shall include coverage for, but not limited to: ♦ Licensee’s statutory liability under the worker’s compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. ♦ Employers’ Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. Other Requirements: Licensee agrees to waive, through policy endorsement, their right of subrogation against Licensor for all claims and suits. The certificate of insurance must reflect waiver of subrogation endorsement. Licensee further waives its right of recovery, and its insurers also waive their right of subrogation against Licensor for loss of its owned or leased property or property under its care, custody, or control. Licensee’s insurance policies through policy endorsement must include wording which states that the policy shall be primary and non-contributing with respect to any insurance carried by Licensor. The certificate of insurance must reflect that the above wording is included in evidenced policies. Licensee is not allowed to self-insure without the prior written consent of Licensor. If granted by Licensor, any deductible, self-insured retention or other financial responsibility for claims shall be covered directly by Licensee in lieu of insurance. Any and all Licensor liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by Licensee’s insurance will be covered as if Licensee elected not to include a deductible, self-insured retention, or other financial responsibility for claims. Prior to commencing the Work, Licensee shall furnish to Licensor an acceptable certificate(s) of insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments. The policy(ies) shall contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Licensor in writing at least 30 days prior to any cancellation, non-renewal, substitution or material alteration. This cancellation provision shall be indicated on the Moses Lake Council Packet 7-9-19, Page 60 certificate of insurance. In the event of a claim or lawsuit involving Railroad arising out of this agreement, Licensee will make available any required policy covering such claim or lawsuit. Any insurance policy shall be written by a reputable insurance company acceptable to Licensor and authorized to do business in the state(s) in which the service is to be provided. Licensee represents that this License has been thoroughly reviewed by Licensee’s insurance agent(s)/broker(s), who have been instructed by Licensee to procure the insurance coverage required by this Agreement. Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above. Not more frequently than once every five years, Licensor may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by Licensee, Licensee shall require that the subcontractor shall provide and maintain insurance coverages as set forth herein, naming Licensor as an additional insured, and shall require that the subcontractor shall release, defend and indemnify Licensor to the same extent and under the same terms and conditions as Licensee is required to release, defend and indemnify Licensor herein. Failure to provide evidence as required by this section shall entitle, but not require, Licensor to terminate this License immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Licensee’s obligations hereunder. The fact that insurance (including, without limitation, self-insurance) is obtained by Licensee shall not be deemed to release or diminish the liability of Licensee including, without limitation, liability under the indemnity provisions of this License. Damages recoverable by Licensor shall not be limited by the amount of the required insurance coverage. ENVIRONMENTAL 22. (a) Licensee shall strictly comply with all federal, state and local environmental laws and regulations in its use of the Premises, including, but not limited to, the Resource Conservation and Recovery Act, as amended (RCRA), the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA (collectively referred to as the “Environmental Laws”). Licensee shall not maintain a treatment, storage, transfer or disposal facility, or underground storage tank, as defined by Environmental Laws on the Premises. Licensee shall not release or suffer the release of oil or hazardous substances, as defined by Environmental Laws on or about the Premises. (b) Licensee shall give Licensor immediate notice to Licensor’s Dispatcher at (509) 453-9166 x 105 of any release of hazardous substances on or from the Premises, violation of Environmental Laws, or inspection or inquiry by governmental Moses Lake Council Packet 7-9-19, Page 61 authorities charged with enforcing Environmental Laws with respect to Licensee's use of the Premises. Licensee shall use the best efforts to promptly respond to any release on or from the Premises. Licensee also shall give Licensor immediate notice of all measures undertaken on behalf of Licensee to investigate, remediate, respond to or otherwise cure such release or violation. (c) In the event that Licensor has notice from Licensee or otherwise of a release or violation of Environmental Laws arising in any way with respect to the PIPELINE which occurred or may occur during the term of this License, Licensor may require Licensee, at Licensee's sole risk and expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises or Licensor's right-of-way. (d) Licensee shall promptly report to Licensor in writing any conditions or activities upon the Premises related to Licensee’s activities or PIPELINE, known to Licensee which create a risk of harm to persons, property or the environment and shall take whatever action is necessary to prevent injury to persons or property arising out of such conditions or activities; provided, however, that Licensee's reporting to Licensor shall not relieve Licensee of any obligation whatsoever imposed on it by this License. Licensee shall promptly respond to Licensor’s request for information regarding said conditions or activities. ALTERATIONS 23. Licensee may not make any alterations to the Premises or permanently affix anything to the Premises or any buildings or other structures adjacent to the Premises without Licensor’s prior written consent. NO WARRANTIES 24. LICENSOR’S DUTIES AND WARRANTIES ARE LIMITED TO THOSE EXPRESSLY STATED IN THIS LICENSE AND SHALL NOT INCLUDE ANY IMPLIED DUTIES OR IMPLIED WARRANTIES, NOW OR IN THE FUTURE. NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE BY LICENSOR OTHER THAN THOSE CONTAINED IN THIS LICENSE. LICENSEE HEREBY WAIVES ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES OR WHICH MAY EXIST BY OPERATION OF LAW OR IN EQUITY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. QUIET ENJOYMENT 25. LICENSOR DOES NOT WARRANT ITS TITLE TO THE PROPERTY NOR UNDERTAKE TO DEFEND LICENSEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. Moses Lake Council Packet 7-9-19, Page 62 DEFAULT 26. If material default shall be made in any of the covenants or agreements of Licensee contained in this document, or in case of any assignment or transfer of this License by operation of law, Licensor may, at its option, terminate this License by serving five (5) days' notice in writing upon Licensee. Any waiver by Licensor of any default or defaults shall not constitute a waiver of the right to terminate this License for any subsequent default or defaults, nor shall any such waiver in any way affect Licensor's ability to enforce any Section of this License. The remedy set forth in this Section 26 shall be in addition to, and not in limitation of, any other remedies that Licensor may have at law or in equity. LIENS AND CHARGES 27. Licensee shall promptly pay and discharge any and all liens arising out of any construction, alterations or repairs done, suffered or permitted to be done by Licensee on Premises. Licensor is hereby authorized to post any notices or take any other action upon or with respect to Premises that is or may be permitted by law to prevent the attachment of any such liens to Premises; provided, however, that failure of Licensor to take any such action shall not relieve Licensee of any obligation or liability under this Section 27 or any other Section of this License. Licensee shall pay when due any taxes, assessments or other charges (collectively, “Taxes”) levied or assessed upon the Improvements by any governmental or quasi-governmental body or any Taxes levied or assessed against Licensor or the Premises that are attributable to the Improvements. TERMINATION 28. This License may be terminated by Licensor, at any time, by serving ninety (90) days' written notice of termination upon Licensee. This License may be terminated by Licensee upon execution of Licensor's Mutual Termination Letter Agreement then in effect. Upon expiration of the time specified in such notice, this License and all rights of Licensee shall absolutely cease. 29. If Licensee fails to surrender to Licensor the Premises, upon any termination of this License, all liabilities and obligations of Licensee hereunder shall continue in effect until the Premises are surrendered. Termination shall not release Licensee from any liability or obligation, whether of indemnity or otherwise, resulting from any events happening prior to the date of termination. ASSIGNMENT 30. Neither Licensee, nor the heirs, legal representatives, successors, or assigns of Licensee, nor any subsequent assignee, shall assign or transfer this License or any interest herein, without the prior written consent and approval of Licensor, which may be withheld in Licensor’s sole discretion. Moses Lake Council Packet 7-9-19, Page 63 NOTICES 31. Any notice required or permitted to be given hereunder by one party to the other shall be in writing and the same shall be given and shall be deemed to have been served and given if (i) placed in the United States mail, certified, return receipt requested, or (ii) deposited into the custody of a nationally recognized overnight delivery service, addressed to the party to be notified at the address for such party specified below, or to such other address as the party to be notified may designate by giving the other party no less than thirty (30) days' advance written notice of such change in address. If to Licensor: Iron Horse Development, LLC Railroad Property Management 111 University Parkway, Suite 200 Yakima, WA 98901 With a copy to: Columbia Basin Railroad Company P.O. Box 159 Warden, WA 98857 Attn: General Manager If to Licensee: City of Moses Lake P.O. Box 1579 Moses Lake, WA 98837 SURVIVAL 32. Neither termination nor expiration will release either party from any liability or obligation under this License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration, or, if later, the date when the PIPELINE and improvements are removed and the Premises are restored to its condition as of the Effective Date. RECORDATION 33. It is understood and agreed that this License shall not be placed on public record. APPLICABLE LAW 34. All questions concerning the interpretation or application of provisions of this License shall be decided according to the substantive laws of the State of Washington without regard to conflicts of law provisions. SEVERABILITY 35. To the maximum extent possible, each provision of this License shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this License shall be prohibited by, or held to be invalid under, applicable law, such provision shall be Moses Lake Council Packet 7-9-19, Page 64 ineffective solely to the extent of such prohibition or invalidity, and this shall not invalidate the remainder of such provision or any other provision of this License. INTEGRATION 36. This License is the full and complete agreement between Licensor and Licensee with respect to all matters relating to Licensee’s use of the Premises, and supersedes any and all other agreements between the parties hereto relating to Licensee’s use of the Premises as described herein. However, nothing herein is intended to terminate any surviving obligation of Licensee or Licensee’s obligation to defend and hold Licensor harmless in any prior written agreement between the parties. MISCELLANEOUS 37. In the event that Licensee consists of two or more parties, all the covenants and agreements of Licensee herein contained shall be the joint and several covenants and agreements of such parties. 38. The waiver by Licensor of the breach of any provision herein by Licensee shall in no way impair the right of Licensor to enforce that provision for any subsequent breach thereof. Iron Horse Development, LLC is acting as representative for Columbia Basin Railroad Company. IN WITNESS WHEREOF, this License has been duly executed, in duplicate, by the parties hereto as of the day and year first above written. COLUMBIA BASIN RAILROAD COMPANY By: _____________________________________________ Name: Nicholas B. Temple, Jr. Title: President CITY OF MOSES LAKE By: Name: Title: Moses Lake Council Packet 7-9-19, Page 65 PIPELINE LICENSE THIS LICENSE (“License”), made as of the 1st day of April, 2018 ("Effective Date") by and between COLUMBIA BASIN RAILROAD, a Washington corporation ("Licensor") and CITY OF MOSES LAKE, a Washington municipal corporation ("Licensee"). NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree to the following: GENERAL 1. Licensor hereby grants Licensee a non-exclusive license, subject to all rights, interests, and estates of third parties, including, without limitation, any leases, use rights, easements, liens, or other encumbrances, and upon the terms and conditions set forth below, to construct and maintain, in strict accordance with the drawings and specifications approved by Licensor as part of Licensee's application process (the "Drawings and Specifications"), one (1) Pipeline, 2 inches in diameter inside a 6 inch steel casing (“PIPELINE”), across or along the rail corridor of Licensor at or near the station of Moses Lake, County of Grant, State of Washington, Line Segment 0379, Mile Post 12.88 as shown redlined on the attached Drawing, dated 4/10/2018, attached hereto as Exhibit “A” and made a part hereof (“Premises”). 2. Licensee shall not disturb any improvements of Licensor or Licensor's existing lessees, Licensees, easement beneficiaries or lien holders, if any, or interfere with the use of such improvements. 3. Licensee shall use the Premises solely for construction and maintenance of a PIPELINE in accordance with the Drawings and Specifications carrying sewage. Licensee shall not use the PIPELINE to carry any other commodity or use the Premises for any other purpose. Licensee covenants that it will not handle or transport "hazardous waste" or "hazardous substances", as "hazardous waste" and "hazardous substances" may now or in the future be defined by any federal, state, or local governmental agency or body through the PIPELINE on Licensor’s property. Licensee agrees periodically to furnish Licensor with proof, satisfactory to Licensor that Licensee is in such compliance. Should Licensee not comply fully with the above-stated obligations of this Section, notwithstanding anything contained in any other provision hereof, Licensor may, at its option, terminate this License by serving five (5) days' notice of termination upon Licensee. Upon termination, Licensee shall remove the PIPELINE and restore Licensor's property as herein elsewhere provided. 4. In case of the eviction of Licensee by anyone owning or claiming title to or any interest in the Premises, or by the abandonment by Licensor of the affected rail corridor, Licensor shall not be liable to refund Licensee any compensation paid hereunder, except for the pro- rata part of any recurring charge paid in advance, or for any damage Licensee sustains in connection therewith. Moses Lake Council Packet 7-9-19, Page 66 5. Any contractors or subcontractors performing work on the PIPELINE or entering the Premises on behalf of Licensee shall be deemed servants and agents of Licensee for purposes of this License. TERM 6. This License shall commence on the Effective Date and shall continue for a period of twenty-five (25) years, subject to prior termination as hereinafter described. COMPENSATION 7. (a) Licensee shall pay Licensor, prior to the Effective Date, the sum of Three Thousand Three Hundred Dollars ($3,600.00) as compensation for the use of the Premises. (b) Licensee agrees to reimburse Licensor (within thirty (30) days after receipt of bills therefor) for all costs and expenses incurred by Licensor in connection with Licensee's use of the Premises or the presence, construction and maintenance of the PIPELINE, including but not limited to the furnishing of Licensor's Flagman and any vehicle rental costs incurred. The cost of flagger services provided by the Railway, when deemed necessary by the Railway's representative, will be borne by the Licensee. The estimated cost for one (1) flagger is $800.00 for an eight (8) hour basic day with time and one-half or double time for overtime, rest days and holidays. The estimated cost for each flagger includes vacation allowance, paid holidays, Railway and unemployment insurance, public liability and property damage insurance, health and welfare benefits, transportation, meals, lodging and supervision. Negotiations for Railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase actual or estimated flagging rates. The flagging rate in effect at the time of performance by the Contractor hereunder will be used to calculate the actual costs of flagging pursuant to this paragraph. (c) All invoices are due thirty (30) days after the date of invoice. In the event that Licensee shall fail to pay any monies due to Licensor within thirty (30) days after the invoice date, then Licensee shall pay interest on such unpaid sum from thirty (30) days after its invoice date to the date of payment by Licensee at an annual rate equal to (i) the greater of (a) for the period January 1 through June 30, the prime rate last published in The Wall Street Journal in the preceding December plus two and one-half percent (2 1/2%), and for the period July 1 through December 31, the prime rate last published in The Wall Street Journal in the preceding June plus two and one-half percent (2 1/2%), or (b) twelve percent (12%), or (ii) the maximum rate permitted by law, whichever is less. COMPLIANCE WITH LAWS 8. (a) Licensee shall observe and comply with any and all laws, statutes, regulations, ordinances, orders, covenants, restrictions, or decisions of any court of competent Moses Lake Council Packet 7-9-19, Page 67 jurisdiction (“Legal Requirements”) relating to the construction, maintenance, and use of the PIPELINE and the use of the Premises. (b) Prior to entering the Premises, Licensee shall and shall cause its contractor to comply with all Licensor’s applicable safety rules and regulations. Prior to commencing any work on the Premises, Licensee shall complete and shall require its contractor to complete the safety-training program at the following Internet Website “http://contractororientation.com”. This training must be completed no more than one year in advance of Licensee’s entry on the Premises. DEFINITION OF COST AND EXPENSE 9. For the purpose of this License, “cost’ or “costs” “expense” or “expenses” includes, but is not limited to, actual labor and material costs including all assignable additives, and material and supply costs at current value where used. RIGHT OF LICENSOR TO USE 10. Licensor excepts and reserves the right, to be exercised by Licensor and any other parties who may obtain written permission or authority from Licensor: (a) to maintain, renew, use, operate, change, modify and relocate any existing pipe, power, communication lines and appurtenances and other facilities or structures of like character upon, over, under or across the Premises; (b) to construct, maintain, renew, use, operate, change, modify and relocate any tracks or additional facilities or structures upon, over, under or across the Premises; or (c) to use the Premises in any manner as the Licensor in its sole discretion deems appropriate, provided Licensor uses all commercially reasonable efforts to avoid material interference with the use of the Premises by Licensee for the purpose specified in Section 3 above. LICENSEE’S OPERATIONS 11. (a) Licensee shall notify Licensor's Dispatcher, telephone 509-453-9166 ext 105, at least five (5) business days prior to installation of the PIPELINE and prior to entering the Premises for any subsequent maintenance thereon. (b) In performing the work described in Section 3, Licensee shall use only public roadways to cross from one side of Licensor's tracks to the other. 12. (a) Under no conditions shall Licensee be permitted to conduct any tests, investigations or any other activity using mechanized equipment and/or machinery, or place or store any mechanized equipment, tools or other materials, within twenty-five (25) feet of the centerline of any railroad track on the Premises unless Licensee has obtained prior written approval from Licensor. Licensee shall, at its sole cost and Moses Lake Council Packet 7-9-19, Page 68 expense, perform all activities on and about the Premises in such a manner as not at any time to be a source of danger to or interference with the existence or use of present or future tracks, roadbed or property of Licensor, or the safe operation and activities of Licensor. If ordered to cease using the Premises at any time by Licensor's personnel due to any hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to monitor Licensee's use of the Premises to determine the safe nature thereof, it being solely Licensee's responsibility to ensure that Licensee's use of the Premises is safe. Neither the exercise nor the failure by Licensor to exercise any rights granted in this Section will alter the liability allocation provided by this License. (b) Licensee shall, at its sole cost and expense, construct and maintain the PIPELINE in such a manner and of such material that it will not at any time be a source of danger to or interference with the existence or use of present or future tracks, roadbed or property of Licensor, or the safe operation and activities of Licensor. Licensor may direct one of its field engineers to observe or inspect the construction and/or maintenance of the PIPELINE at any time for compliance with the Drawings and Specifications. If ordered at any time to halt construction or maintenance of the PIPELINE by Licensor's personnel due to non-compliance with the same or any other hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to observe or inspect, or to halt work on, the PIPELINE, it being solely Licensee's responsibility to ensure that the PIPELINE is constructed in strict accordance with the Drawings and Specifications and in a safe and workmanlike manner in compliance with all terms hereof. Neither the exercise nor the failure by Licensor to exercise any right granted by this Section will alter in any way the liability allocation provided by this License. If at any time Licensee shall, in the sole judgment of Licensor, fail to properly perform its obligations under this Section, Licensor may, at its option and at Licensee’s sole expense, arrange for the performance of such work as it deems necessary for the safety of its operations and activities. Licensee shall promptly reimburse Licensor for all costs and expenses of such work, upon receipt of an invoice for the same. Licensor's failure to perform any obligations of Licensee shall not alter the liability allocation hereunder. 13. During the construction and any subsequent maintenance performed on the PIPELINE, Licensee shall perform such work in a manner to preclude damage to the property of Licensor, and preclude interference with the operation of its railroad. The construction of the PIPELINE shall be completed within one (1) year of the Effective Date. Upon completion of the construction of the PIPELINE and after performing any subsequent maintenance thereon, Licensee shall, at Licensee's own cost and expense, restore Licensor's Premises to their former state as of the Effective Date of this License. 14. If at any time during the term of this License, Licensor shall desire the use of its rail corridor in such a manner as would, in Licensor's reasonable opinion, be interfered with by the PIPELINE, Licensee shall, at its sole expense, within ninety (90) days after receiving written notice from Licensor to such effect, make such changes in the PIPELINE as in the Moses Lake Council Packet 7-9-19, Page 69 sole discretion of Licensor may be necessary to avoid interference with the proposed use of Licensor’s rail corridor, including, without limitation, the relocation of the existing or the construction of new a PIPELINE(s). 15. (a) Prior to Licensee conducting any boring work on or about any portion of the Premises, Licensee shall explore the proposed location for such work with hand tools to a depth of at least three (3) feet below the surface of the ground to determine whether pipelines or other structures exist below the surface, provided, however, that in lieu of the foregoing, the Licensee shall have the right to use suitable detection equipment or other generally accepted industry practice (e.g., consulting with the Underground Services Association) to determine the existence or location of pipelines and other subsurface structures prior to drilling or excavating with mechanized equipment. Upon Licensee’s written request, which shall be made thirty (30) business days in advance of Licensee’s requested construction of the PIPELINE, Licensor will provide Licensee any information that Licensor has in the possession of its Engineering Department concerning the existence and approximate location of Licensor’s underground utilities and pipelines at or near the vicinity of the proposed PIPELINE. Prior to conducting any such boring work, the Licensee will review all such material. Licensor does not warrant the accuracy or completeness of information relating to subsurface conditions and Licensee's operations will be subject at all times to the liability provisions herein. (b) For all bores greater than 26-inch diameter and at a depth less than 10.0 feet below bottom of rail, a soil investigation will need to be performed by the Licensee and reviewed by Licensor prior to construction. This study is to determine if granular material is present, and to prevent subsidence during the installation process. If the investigation determines in Licensor's reasonable opinion that granular material is present, Licensor may select a new location for Licensee's use, or may require Licensee to furnish for Licensor's review and approval, in its sole discretion a remedial plan to deal with the granular material. Once Licensor has approved any such remedial plan in writing, Licensee shall, at its sole cost and expense, carry out the approved plan in accordance with all terms thereof and hereof. 16. Any open hole, boring or well constructed on the Premises by Licensee shall be safely covered and secured at all times when Licensee is not working in the actual vicinity thereof. Following completion of that portion of the work, all holes or borings constructed on the Premises by Licensee shall be: (a) filled in to surrounding ground level with compacted bentonite grout; or (b) otherwise secured or retired in accordance with any applicable Legal Requirement. No excavated materials may remain on Licensor’s property for more than ten (10) days, but must be properly disposed of by Licensee in accordance with applicable Legal Requirements. 17. Upon termination of this License, Licensee shall, at its sole cost and expense: Moses Lake Council Packet 7-9-19, Page 70 (a) remove the PIPELINE and all appurtenances thereto, or, at the sole discretion of the Licensor, fill and cap or otherwise appropriately decommission the PIPELINE with a method satisfactory to Licensor; (b) report and restore any damage to the Premises arising from, growing out of, or connected with Licensee’s use of the Premises; (c) remedy any unsafe conditions on the Premises created or aggravated by Licensee; and (d) leave the Premises in the condition which existed as of the Effective Date of this License. 18. Licensee’s on-site supervisions shall retain/maintain a fully executed copy of this License at all times while on the Premises. LIABILITY 19. (a) TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL AND SHALL CAUSE ITS CONTRACTOR TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS LICENSOR AND LICENSOR'S AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION, REMOVAL AND REMEDIATION AND GOVERNMENTAL OVERSIGHT COSTS) ENVIRONMENTAL OR OTHERWISE (COLLECTIVELY "LIABILITIES") OF ANY NATURE, KIND OR DESCRIPTION OF ANY PERSON OR ENTITY ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART): (i) THIS LICENSE, INCLUDING, WITHOUT LIMITATION, ITS ENVIRONMENTAL PROVISIONS, (ii) ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE, (iii) LICENSEE'S OCCUPATION AND USE OF THE PREMISES, (iv) THE ENVIRONMENTAL CONDITION AND STATUS OF THE PREMISES CAUSED BY OR CONTRIBUTED BY LICENSEE, OR Moses Lake Council Packet 7-9-19, Page 71 (v) ANY ACT OR OMISSION OF LICENSEE OR LICENSEE'S OFFICERS, AGENTS, INVITEES, EMPLOYEES, OR CONTRACTORS, OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER, EVEN IF SUCH LIABILITIES ARISE FROM OR ARE ATTRIBUTED TO, IN WHOLE OR IN PART, ANY NEGLIGENCE OF ANY INDEMNITEE. THE ONLY LIABILITIES WITH RESPECT TO WHICH LICENSEE'S OBLIGATION TO INDEMNIFY THE INDEMNITEES DOES NOT APPLY ARE LIABILITIES TO THE EXTENT PROXIMATELY CAUSED BY THE SOLE NEGLIGENCE OF AN INDEMNITEE. (b) FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NOTWITHSTANDING THE LIMITATION IN SECTION 19(a), LICENSEE SHALL AND SHALL CAUSE ITS CONTRACTOR TO NOW AND FOREVER WAIVE ANY AND ALL CLAIMS, REGARDLESS WHETHER BASED ON THE STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, THAT RAILROAD IS AN “OWNER”, “OPERATOR”, “ARRANGER”, OR “TRANSPORTER” WITH RESPECT TO THE PIPELINE FOR THE PURPOSES OF CERCLA OR OTHER ENVIRONMENTAL LAWS. LICENSEE WILL INDEMNIFY, DEFEND AND HOLD THE INDEMNITEES HARMLESS FROM ANY AND ALL SUCH CLAIMS REGARDLESS OF THE NEGLIGENCE OF THE INDEMNITEES. LICENSEE FURTHER AGREES THAT THE USE OF THE PREMISES AS CONTEMPLATED BY THIS LICENSE SHALL NOT IN ANY WAY SUBJECT LICENSOR TO CLAIMS THAT LICENSOR IS OTHER THAN A COMMON CARRIER FOR PURPOSES OF ENVIRONMENTAL LAWS AND EXPRESSLY AGREES TO INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FOR ANY AND ALL SUCH CLAIMS. IN NO EVENT SHALL LICENSOR BE RESPONSIBLE FOR THE ENVIRONMENTAL CONDITION OF THE PREMISES. (c) TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE FURTHER AGREES, AND SHALL CAUSE ITS CONTRACTOR TO AGREE REGARDLESS OF ANY NEGLIGENCE OR ALLEGED NEGLIGENCE OF ANY INDEMNITEE, TO INDEMNIFY, AND HOLD HARMLESS THE INDEMNITEES AGAINST AND ASSUME THE DEFENSE OF ANY LIABILITIES ASSERTED AGAINST OR SUFFERED BY ANY INDEMNITEE UNDER OR RELATED TO THE FEDERAL EMPLOYERS' LIABILITY ACT ("FELA") WHENEVER EMPLOYEES OF LICENSEE OR ANY OF ITS AGENTS, INVITEES, OR CONTRACTORS CLAIM OR ALLEGE THAT THEY ARE EMPLOYEES OF ANY INDEMNITEE OR OTHERWISE. THIS INDEMNITY SHALL ALSO EXTEND, ON THE SAME BASIS, TO FELA CLAIMS BASED ON ACTUAL OR ALLEGED VIOLATIONS OF ANY FEDERAL, STATE OR Moses Lake Council Packet 7-9-19, Page 72 LOCAL LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE SAFETY APPLIANCE ACT, THE BOILER INSPECTION ACT, THE OCCUPATIONAL HEALTH AND SAFETY ACT, THE RESOURCE CONSERVATION AND RECOVERY ACT, AND ANY SIMILAR STATE OR FEDERAL STATUTE. (d) Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit or other proceeding brought against any Indemnitee by any entity, relating to any matter covered by this License for which Licensee has an obligation to assume liability for and/or save and hold harmless any Indemnitee. Licensee shall pay all costs incident to such defense, including, but not limited to, attorneys' fees, investigators' fees, litigation and appeal expenses, settlement payments, and amounts paid in satisfaction of judgments. PERSONAL PROPERTY WAIVER 20. ALL PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, FIXTURES, EQUIPMENT, OR RELATED MATERIALS UPON THE PREMISES WILL BE AT THE RISK OF LICENSEE ONLY, AND NO INDEMNITEE WILL BE LIABLE FOR ANY DAMAGE THERETO OR THEFT THEREOF, WHETHER OR NOT DUE IN WHOLE OR IN PART TO THE NEGLIGENCE OF ANY INDEMNITEE. INSURANCE 21. Licensee shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: A. Commercial General Liability Insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $2,000,000 each occurrence and an aggregate limit of at least $4,000,000. Coverage must be purchased on a post 1998 ISO occurrence or equivalent and include coverage for, but not limited to, the following: ♦ Bodily Injury and Property Damage ♦ Personal Injury and Advertising Injury ♦ Fire legal liability ♦ Products and completed operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: ♦ The employee and workers compensation related exclusions in the above policy shall not apply with respect to claims related to railroad employees. ♦ The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. ♦ Any exclusions related to the explosion, collapse and underground hazards shall be removed. Moses Lake Council Packet 7-9-19, Page 73 No other endorsements limiting coverage may be included on the policy. B. Business Automobile Insurance. This insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: ♦ Bodily injury and property damage ♦ Any and all vehicles owned, used or hired C. Workers Compensation and Employers Liability Insurance. This insurance shall include coverage for, but not limited to: ♦ Licensee’s statutory liability under the worker’s compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. ♦ Employers’ Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. Other Requirements: Licensee agrees to waive, through policy endorsement, waive their right of subrogation against Licensor for all claims and suits. The certificate of insurance must reflect waiver of subrogation endorsement. Licensee further waives its right of recovery, and its insurers also waive their right of subrogation against Licensor for loss of its owned or leased property or property under its care, custody, or control. Licensee’s insurance policies through policy endorsement must include wording which states that the policy shall be primary and non-contributing with respect to any insurance carried by Licensor. The certificate of insurance must reflect that the above wording is included in evidenced policies. Licensee is not allowed to self-insure without the prior written consent of Licensor. If granted by Licensor, any deductible, self-insured retention or other financial responsibility for claims shall be covered directly by Licensee in lieu of insurance. Any and all Licensor liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by Licensee’s insurance will be covered as if Licensee elected not to include a deductible, self-insured retention, or other financial responsibility for claims. Prior to commencing the Work, Licensee shall furnish to Licensor an acceptable certificate(s) of insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments. The policy(ies) shall contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Licensor in writing at least 30 days prior to any cancellation, non-renewal, substitution or material alteration. This cancellation provision shall be indicated on the certificate of insurance. In the event of a claim or lawsuit involving Railroad arising out of this agreement, Licensee will make available any required policy covering such claim or lawsuit. Moses Lake Council Packet 7-9-19, Page 74 Any insurance policy shall be written by a reputable insurance company acceptable to Licensor and authorized to do business in the state(s) in which the service is to be provided. Licensee represents that this License has been thoroughly reviewed by Licensee’s insurance agent(s)/broker(s), who have been instructed by Licensee to procure the insurance coverage required by this Agreement. Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above. Not more frequently than once every five years, Licensor may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by Licensee, Licensee shall require that the subcontractor shall provide and maintain insurance coverages as set forth herein, naming Licensor as an additional insured, and shall require that the subcontractor shall release, defend and indemnify Licensor to the same extent and under the same terms and conditions as Licensee is required to release, defend and indemnify Licensor herein. Failure to provide evidence as required by this section shall entitle, but not require, Licensor to terminate this License immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Licensee’s obligations hereunder. The fact that insurance (including, without limitation, self-insurance) is obtained by Licensee shall not be deemed to release or diminish the liability of Licensee including, without limitation, liability under the indemnity provisions of this License. Damages recoverable by Licensor shall not be limited by the amount of the required insurance coverage. ENVIRONMENTAL 22. (a) Licensee shall strictly comply with all federal, state and local environmental laws and regulations in its use of the Premises, including, but not limited to, the Resource Conservation and Recovery Act, as amended (RCRA), the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA (collectively referred to as the “Environmental Laws”). Licensee shall not maintain a treatment, storage, transfer or disposal facility, or underground storage tank, as defined by Environmental Laws on the Premises. Licensee shall not release or suffer the release of oil or hazardous substances, as defined by Environmental Laws on or about the Premises. (b) Licensee shall give Licensor immediate notice to Licensor’s Dispatcher at (509) 453-9166 x 105 of any release of hazardous substances on or from the Premises, violation of Environmental Laws, or inspection or inquiry by governmental authorities charged with enforcing Environmental Laws with respect to Licensee's use of the Premises. Licensee shall use the best efforts to promptly respond to any release on or from the Premises. Licensee also shall give Licensor immediate notice Moses Lake Council Packet 7-9-19, Page 75 of all measures undertaken on behalf of Licensee to investigate, remediate, respond to or otherwise cure such release or violation. (c) In the event that Licensor has notice from Licensee or otherwise of a release or violation of Environmental Laws arising in any way with respect to the PIPELINE which occurred or may occur during the term of this License, Licensor may require Licensee, at Licensee's sole risk and expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises or Licensor's right-of-way. (d) Licensee shall promptly report to Licensor in writing any conditions or activities upon the Premises related to Licensee’s activities or PIPELINE, known to Licensee which create a risk of harm to persons, property or the environment and shall take whatever action is necessary to prevent injury to persons or property arising out of such conditions or activities; provided, however, that Licensee's reporting to Licensor shall not relieve Licensee of any obligation whatsoever imposed on it by this License. Licensee shall promptly respond to Licensor’s request for information regarding said conditions or activities. ALTERATIONS 23. Licensee may not make any alterations to the Premises or permanently affix anything to the Premises or any buildings or other structures adjacent to the Premises without Licensor’s prior written consent. NO WARRANTIES 24. LICENSOR’S DUTIES AND WARRANTIES ARE LIMITED TO THOSE EXPRESSLY STATED IN THIS LICENSE AND SHALL NOT INCLUDE ANY IMPLIED DUTIES OR IMPLIED WARRANTIES, NOW OR IN THE FUTURE. NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE BY LICENSOR OTHER THAN THOSE CONTAINED IN THIS LICENSE. LICENSEE HEREBY WAIVES ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES OR WHICH MAY EXIST BY OPERATION OF LAW OR IN EQUITY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. QUIET ENJOYMENT 25. LICENSOR DOES NOT WARRANT ITS TITLE TO THE PROPERTY NOR UNDERTAKE TO DEFEND LICENSEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. DEFAULT 26. If material default shall be made in any of the covenants or agreements of Licensee Moses Lake Council Packet 7-9-19, Page 76 contained in this document, or in case of any assignment or transfer of this License by operation of law, Licensor may, at its option, terminate this License by serving five (5) days' notice in writing upon Licensee. Any waiver by Licensor of any default or defaults shall not constitute a waiver of the right to terminate this License for any subsequent default or defaults, nor shall any such waiver in any way affect Licensor's ability to enforce any Section of this License. The remedy set forth in this Section 26 shall be in addition to, and not in limitation of, any other remedies that Licensor may have at law or in equity. LIENS AND CHARGES 27. Licensee shall promptly pay and discharge any and all liens arising out of any construction, alterations or repairs done, suffered or permitted to be done by Licensee on Premises. Licensor is hereby authorized to post any notices or take any other action upon or with respect to Premises that is or may be permitted by law to prevent the attachment of any such liens to Premises; provided, however, that failure of Licensor to take any such action shall not relieve Licensee of any obligation or liability under this Section 27 or any other Section of this License. Licensee shall pay when due any taxes, assessments or other charges (collectively, “Taxes”) levied or assessed upon the Improvements by any governmental or quasi-governmental body or any Taxes levied or assessed against Licensor or the Premises that are attributable to the Improvements. TERMINATION 28. This License may be terminated by Licensor, at any time, by serving ninety (90) days' written notice of termination upon Licensee. This License may be terminated by Licensee upon execution of Licensor's Mutual Termination Letter Agreement then in effect. Upon expiration of the time specified in such notice, this License and all rights of Licensee shall absolutely cease. 29. If Licensee fails to surrender to Licensor the Premises, upon any termination of this License, all liabilities and obligations of Licensee hereunder shall continue in effect until the Premises are surrendered. Termination shall not release Licensee from any liability or obligation, whether of indemnity or otherwise, resulting from any events happening prior to the date of termination. ASSIGNMENT 30. Neither Licensee, nor the heirs, legal representatives, successors, or assigns of Licensee, nor any subsequent assignee, shall assign or transfer this License or any interest herein, without the prior written consent and approval of Licensor, which may be withheld in Licensor’s sole discretion. NOTICES 31. Any notice required or permitted to be given hereunder by one party to the other shall be in writing and the same shall be given and shall be deemed to have been served and given if (i) placed in the United States mail, certified, return receipt requested, or (ii) deposited Moses Lake Council Packet 7-9-19, Page 77 into the custody of a nationally recognized overnight delivery service, addressed to the party to be notified at the address for such party specified below, or to such other address as the party to be notified may designate by giving the other party no less than thirty (30) days' advance written notice of such change in address. If to Licensor: Iron Horse Development, LLC Railroad Property Management 111 University Parkway, Suite 200 Yakima, WA 98901 With a copy to: Columbia Basin Railroad Company P.O. Box 159 Warden, WA 98857 Attn: General Manager If to Licensee: City of Moses Lake P.O. Box 1579 Moses Lake, WA 98837 SURVIVAL 32. Neither termination nor expiration will release either party from any liability or obligation under this License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration, or, if later, the date when the PIPELINE and improvements are removed and the Premises are restored to its condition as of the Effective Date. RECORDATION 33. It is understood and agreed that this License shall not be placed on public record. APPLICABLE LAW 34. All questions concerning the interpretation or application of provisions of this License shall be decided according to the substantive laws of the State of Washington without regard to conflicts of law provisions. SEVERABILITY 35. To the maximum extent possible, each provision of this License shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this License shall be prohibited by, or held to be invalid under, applicable law, such provision shall be ineffective solely to the extent of such prohibition or invalidity, and this shall not invalidate the remainder of such provision or any other provision of this License. Moses Lake Council Packet 7-9-19, Page 78 INTEGRATION 36. This License is the full and complete agreement between Licensor and Licensee with respect to all matters relating to Licensee’s use of the Premises, and supersedes any and all other agreements between the parties hereto relating to Licensee’s use of the Premises as described herein. However, nothing herein is intended to terminate any surviving obligation of Licensee or Licensee’s obligation to defend and hold Licensor harmless in any prior written agreement between the parties. MISCELLANEOUS 37. In the event that Licensee consists of two or more parties, all the covenants and agreements of Licensee herein contained shall be the joint and several covenants and agreements of such parties. 38. The waiver by Licensor of the breach of any provision herein by Licensee shall in no way impair the right of Licensor to enforce that provision for any subsequent breach thereof. Iron Horse Development, LLC is acting as representative for Columbia Basin Railroad Company. IN WITNESS WHEREOF, this License has been duly executed, in duplicate, by the parties hereto as of the day and year first above written. COLUMBIA BASIN RAILROAD COMPANY By: _____________________________________________ Name: Nicholas B. Temple, Jr. Title: President CITY OF MOSES LAKE By: Name: Title: Moses Lake Council Packet 7-9-19, Page 79 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: Rick Rodriguez, Code Enforcement Officer Date: July 1, 2019 Proceeding Type: New Business Subject: Parking Regulations Legislative History: • First Presentation: July 9, 2019 • Second Presentation: July 23, 2019 • Action: First reading only Staff Report Summary Moses Lake Code enforcement officers are requesting that a new section be added to the Moses Lake Municipal Code (MLMC) Chapter 10.12 “Parking Regulations.” The new section, 10.12.045, would allow staff to deal with repeat violators in a timelier manner by adding the following language: “No vehicle as defined in sections 8.52.020(I) and( J) of the Moses Lake Municipal Code shall render any sidewalk unsafe for passage by parking on or over, obstructing or partially obstructing, any sidewalk in any residential, commercial, or industrial zone.” Background Code enforcement frequently receives calls about sidewalks being obstructed, partially obstructed, blocked, or partially blocked by vehicles. A majority of these complaints involve repeat violators. Code enforcement has been using MLMC 12.20.010, which requires tenants of a property (or legal owners if the property is vacant) to provide sidewalk service for municipal sidewalks and activity trails that are adjacent to their property, unless said sidewalks and activity trails are serviced by the City in accordance with section 12.20.010 of that chapter. “Sidewalk Service” includes keeping the municipal sidewalks and activity trails free of snow, ice, winter sand, obstructions, and other objectionable things. When enforcing MLMC 12.20.010, tenants are issued a Notice to Correct and given 10 days to comply. If compliance is not gained, the tenant is issued a Notice of Violation and Order to Moses Lake Council Packet 7-9-19, Page 80 Correct and given another 14 days to comply, or the option to appeal. So, the current enforcement process can take up to a month to gain compliance. If the proposed new section is adopted, enforcement would not require a Notice to Correct or a Notice of Violation and Order to Correct, which both carry specified time frames (10-14 days) for compliance. Instead, Code Enforcement Officers would attempt personal contact with the violator. If contact is not made, a written warning can be left on the vehicle’s windshield with a timeframe for compliance. If compliance still is not gained through the written warning, Code Enforcement Officers may then issue a civil infraction to the violator under the new section. Fiscal and Policy Implications No fiscal impact. Options Option Results • Adopt the ordinance as presented Obtain compliance within days • Take no action. Compliance may take up to a month Staff Recommendation Staff recommends the City Council consider adoption upon second presentation. Attachments A. Ordinance 2928 Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Ordinance Parking Regulations July 1, 2019 Moses Lake Council Packet 7-9-19, Page 81 ORDINANCE NO. 2928 AN ORDINANCE AMENDING MOSES LAKE MUNICIPAL CODE CHAPTER 10.12 TITLED “PARKING REGULATIONS” TO ADD A NEW SECTION 10.12.045 TITLED “PARKING ON SIDEWALKS-PROHIBITED” THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. A new Section 10.12.045 of the MLMC titled “Parking on Sidewalks-Prohibited” is added as follows: A. 10.12.045 Parking on Sidewalks-Prohibited. No vehicle as defined in sections 8.52.020(I) and (J) of the Moses Lake Municipal Code shall render any sidewalk unsafe for passage by parking on or over, obstructing or partially obstructing, any sidewalk in any residential, commercial, or industrial zone. Section 2. Severability. If any section of this ordinance is found to be unconstitutional or invalid as written or as applied to any particular person or circumstances, no other section of the ordinance shall be deemed to be invalid, but rather, should be deemed to have been enacted independently and without regard to the section affected. Section 3. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council and signed by its Mayor on July __, 2019. _____________________________________ Karen Liebrecht, Mayor ATTEST: _______________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: _______________________________________ Katherine L. Kenison, City Attorney Vote: Riggs Liebrecht Myers Jackson Curnel Leonard Hankins Aye Nay Abstain Absent Date Published: __________, 2019 Date Effective: _____________, 2019 Moses Lake Council Packet 7-9-19, Page 82 STAFF REPORT To: Kevin Fuhr, Interim City Manager From: RJ Lott, Planning Manager Date: July 3, 2019 Proceeding Type: New Business Subject: MLMC Zoning Code Amendments Ordinance Legislative History: • First Presentation: July 9, 2019 • Second Presentation: • Requested Action: Motion Staff Report Summary Staff requests Council consider amendments to Chapter 18 of the Moses Lake Municipal Code including a new section, MLMC 18.74 relating to cryptocurrency mining operations, server farms and data centers. Background City staff and the Planning Commission have been working through amendments to Chapter 18. The addition of MLMC 18.74 are permanent controls relative to a 12-month moratorium assigned in Ordinance 2900. A public hearing regarding these amendments were held in conjunction with the regularly scheduled June 13, 2019, Planning Commission meeting. The Planning Commission recommends the City Council approve the amendments to Chapter 18. Fiscal and Policy Implications No impact. Options Option Results • Adopt the amendments to Chapter 18 of the Moses Lake Municipal Code. Chapter 18 of the Municipal Code will be updated. • Take no action Chapter 18 of the Municipal Code will remain the same. Moses Lake Council Packet 7-9-19, Page 83 Staff Recommendation Staff recommends that the Moses Lake City Council adopt the amendments to Chapter 18 of the Moses Lake Municipal Code at the meeting scheduled on July 23. Attachments - None A. Draft changes to Chapter 18 Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document Date Reviewed by Legal Counsel • Ordinance Zoning Regulations June 19, 2019 Moses Lake Council Packet 7-9-19, Page 84 CHAPTER 18.03 GENERAL PROVISIONS Sections: 18.03.010 Title 18.03.020 Purpose 18.03.030 Scope 18.03.010 Title: This title shall be known as "The Zoning Ordinance" of the city. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.03.020 Purpose: A. This title is adopted for the purpose of promoting the health, safety, and general welfare of the city's population, and to promote an orderly balanced use of land, and to guide the city's future growth through comprehensive, consistent and careful planning. B. To most effectively accomplish these purposes, this title divides the city into zones wherein the location, height and use of buildings, the use of land, the size of yards and other open space, and the provision of advertising signs, off-street parking and loading are regulated and restricted in accordance with a comprehensive plan for the use of land in the city. These zones and regulations are made with due consideration of economics and financial resources, physical pattern of the lands, environment, cultural, and basic needs of the citizens of the city, and among other things, the particular character of each zone and its suitability for specific use, keeping foremost in mind the effect of noise, odor, dust, glare, and safety hazards affecting adjoining zones; also, remembering the reason and need for such uses, the common rights and interests of all within the zone as well as those of the general public, and with the view of encouraging the most appropriate use of land throughout the city. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.03.030 Scope: A. Zoning regulations in this title apply to every building and use within the city. No building or structure shall be erected, reconstructed, enlarged, or relocated and no building, structure, or land shall be used in any zone except in compliance with the provisions of this title and then only after securing all required permits and licenses. B. Any building, structure, or use lawfully existing at the time of passage of the ordinance codified in this title may be continued as provided in Chapter 18.69 of this title. C. All land or territory annexed to the city, unless otherwise classified by ordinance, shall immediately upon annexation be classified as being in the "AG" Zone to correspond with the Future Land Use Designation Map in the Comprehensive Plan, and the Zoning Map shall be so amended without additional procedure. D. Any use of property in any zone shall be subject to all city ordinances and regulations, including the abatement of nuisances. The fact that a use is listed as a permitted use in the various zone classifications is not deemed to authorize such use to the undue detriment of other properties because of the emission of smoke, dust, noise, vibration, fumes, odors, glare, or other objectionable factors or when it constitutes a hazard to health, morals, safety, or general welfare. (Ord. 2144, 12/9/03; Ord. 786, 1976) Moses Lake Council Packet 7-9-19, Page 85 CHAPTER 18.06 DEFINITIONS Sections: 18.06.010 Generally 18.06.012 Accessory Dwelling Unit 18.06.018 Accessory Structure 18.06.020 Accessory Use 18.06.025 Adjacent Property 18.06.027 Adult Family Home 18.06.030 Agriculture 18.06.040 Alley 18.06.060 Auto Wrecking Yard 18.06.080 Boardinghouse or Lodging House 18.06.100 Building Height 18.06.110 Building Official 18.06.115 Cargo Container 18.06.120 Clinic 18.06.130 Club 18.06.131 Commercial Coach 18.06.032 Comprehensive Plan 18.06.133 Conditional Use Cryptocurrency Mining 18.06.134 Dangerous Waste Data Centers/Server Farms/Clusters 18.06.135 Day Care Facility 18.06.137 Deferral 18.06.140 Density 18.06.150 Development 18.06.155 Deviation 18.06.160 District 18.06.170 Dwelling 18.06.180 Dwelling, Multi-family 18.06.190 Dwelling, Single Family 18.06.200 Dwelling, Two Family or Duplex 18.06.210 Dwelling Unit 18.06.220 Factory Built Housing 18.06.230 Family 18.06.240 Feedlot 18.06.280 General Plan 18.06.285 Generator 18.06.290 Grade (Ground Level) 18.06.300 Gross Floor Area 18.06.315 Hazardous Substance 18.06.317 Hazardous Waste 18.06.330 Hotel 18.06.360 Kennel 18.06.370 Landscaped 18.06.380 Lot 18.06.390 Lot, Corner 18.06.400 Lot Depth 18.06.410 Lot, Inside 18.06.420 Lot, Through 18.06.430 Lot Width 18.06.440 Maintain 18.06.450 Manufactured Home 18.06.453 Marijuana Retailer 18.06.455 Mobile Home 18.06.460 Motel 18.06.470 Non-Conforming Structure 18.06.480 Non-Conforming Use 18.06.487 Off-Site Hazardous Waste Treatment and Storage Moses Lake Council Packet 7-9-19, Page 86 18.06.488 On-Site Hazardous Waste Treatment and Storage 18.06.490 Parking Lot 18.06.500 Parking Space 18.06.510 Paved 18.06.520 Private Street 18.06.525 Processing or Handling 18.06.530 Property Line, Front 18.06.531 Property Line, Rear 18.06.532 Property Line, Side 18.06.533 Recreational Vehicle 18.06.534 Retail 18.06.535 School, Elementary and Secondary 18.06.536 Senior Citizen Dwelling 18.06.538 Service Area 18.06.540 Service Station 18.06.550 Setback 18.06.560 Sign 18.06.565 Site 18.06.570 Storage 18.06.575 Storage - Dangerous Waste 18.06.580 Story 18.06.590 Street 18.06.600 Structural Alteration 18.06.610 Structure 18.06.615 Treatment 18.06.620 Utility Easement 18.06.622 Utilities, Local 18.06.623 Utilities, Regional 18.06.624 Variance 18.06.625 Waiver 18.06.626 Warehousing 18.06.628 Wholesale 18.06.630 Yard, Front 18.06.640 Yard, Rear 18.06.650 Yard, Side 18.06.660 Zoning Administrator 18.06.670 Zoning Ordinance 18.06.010 Generally: The words set out in this chapter apply throughout this title. "Council" means the City Council, "Commission" means the Planning Commission of the city. "Shall" is always mandatory, the word "may" is permissive, subject to the judgment of the Planning Commission. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.012 Accessory Dwelling Unit: An additional, subordinate dwelling unit on the same lot which may be attached, detached, or located within the primary residence, for use as a complete, independent dwelling with permanent provisions for living, sleeping, eating, cooking, and sanitation. No mobile home or recreational vehicle shall be an accessory dwelling unit. (Ord. 2746, 1/13/15) 18.06.018 Accessory Structure: A detached, subordinate structure, the use of which is clearly incidental and related to that of the principal structure or use of the land, and which is located on the same lot as the principal structure. (Ord. 2144, 12/9/03) 18.06.020 Accessory Use: Accessory use means a use customarily incidental to and on the same lot as the principal use of a building or operation, and so necessary or commonly to be expected that it cannot be supposed that it was intended to be prohibited. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.025 Adjacent Property: Adjacent property means property which is contiguous or touching at any point. Property which would be contiguous or touching except for the existence of a street, Moses Lake Council Packet 7-9-19, Page 87 road, or right-of-way will be considered contiguous or touching. (Ord. 2144, 12/9/03; Ord. 1559, 1993) 18.06.027 Adult Family Home: Adult family home means a regular family abode of a person or persons providing personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services. (Ord. 2144, 12/9/03; Ord. 1819, 10/27/98) [10-27-16: PC requested check of terminology. Adult family home is still the term used by RCW 70.128, including section 140 which requires cities to allow as permitted uses] 18.06.030 Agriculture: Agriculture means the use of land for agricultural purposes including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, aviaries, and animal and poultry husbandry, and the necessary accessory uses for storing produce; provided the operation of such accessory uses shall be incidental to that of normal agricultural activities. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.040 Alley: Alley means a public way twenty feet (20') in width between property lines, which affords a secondary means of access to abutting property. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.060 Auto Wrecking Yard: Auto wrecking yard means any lot or area used for the dismantling or disassembling of motor vehicles or trailers, or the storage, sale or dumping of four (4) or more dismantled, partially dismantled, obsolete or wrecked vehicles, or their parts. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.080 Boardinghouse or Lodging House: Boardinghouse or lodging house means a dwelling or part thereof, other than a hotel, motel, or multi-family dwelling where lodging, with or without meals is provided, for compensation, for three (3) or more persons. (Ord. 2144, 12/9/03; Ord. 786, 1976) [Deleted as an outdated concept] 18.06.100 Building Height: Building height means the vertical distance measured from the average grade to the highest point on the roof, ridge, or parapet wall. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.110 Building Official: Building Official means the officer or other designated authority charged with the administration and enforcement of the State Building Code or his or her duly authorized representative. (Ord. 2454, 5/12/09; Ord. 2144, 12/9/03; Ord. 1517, 1992) 18.06.115 Cargo Container: Cargo containers or containers are steel sea- or ocean-going containers marked with the American Bureau of Shipping's Emblem or meeting the International Standard Organization's standards, which can be detached from a trailer, chassis, or frame, and which were formerly used for transporting sea- or ocean-going cargo. (Ord. 2144, 12/9/03) 18.06.120 Clinic: Clinic means a place where group medical services are performed not including the overnight housing of patients. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.130 Club: Club means an association of persons, religious or otherwise, for a common purpose, but not including groups which are organized primarily to render a service carried on as a business for a profit. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.131 Commercial Coach: Commercial coach means a structure transportable in one (1) or more sections that is built on a permanent chassis and designed to be used for commercial purposes with or without a permanent foundation when connected to the required utilities. A commercial coach is labeled with a black insignia in compliance with Washington State Department of Labor and Industries regulations. (Ord. 2144, 12/9/03) 18.06.132 Comprehensive Plan: Comprehensive plan means the generalized coordinated land use policy statement of the City of Moses Lake adopted pursuant to the Growth Management Act. (Ord. 2144, 12/9/03) 18.06.133 Conditional Use: Conditional use means a use conditionally allowed in one (1) or more zones but which, because of characteristics particular to each such use, size, technological Moses Lake Council Packet 7-9-19, Page 88 processes, equipment, or because of the exact location with respect to surroundings, streets, existing improvements, or demands upon public facilities, requires a special degree of control to determine if uses can be made compatible with the comprehensive plan, adjacent uses, and the character of the vicinity. (Ord. 2144, 12/9/03) Cryptocurrency Mining: The operation of specialized computer equipment for the primary purpose of mining one 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 250kWh/fr''2/year and with a high load factor in addition to the use of equipment to cool the hardware and operating space. For the purposes of the associated regulations, cryptocurrency mining does not include the exchange of cryptocurrency or any other type of virtual currency nor does it encompass the use, creation, or maintenance of all types of peer-to-peer distributed ledgers. 18.06.134 Dangerous Waste: Dangerous waste means those solid wastes designated by the Revised Code of Washington (RCW) or Washington Administrative Code (WAC) in WAC 173-303-070 through 173-303-103 as dangerous or extremely hazardous waste (WAC 173-303-040). (Ord. 2144, 12/9/03; Ord. 1324, 1988) Data Center/Server Farms/Cluster”. 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. 18.06.135 Day Care Facility: Day Care Facility means an agency or person regularly providing care for a group of children for periods of less than twenty-four (24) hours. (Ord. 2144, 12/9/03; Ord. 1819, 10/27/98; Ord. 1201, 1986) 18.06.137 Deferral: Deferral means a temporary deviation from requirements that allow requirements to be completed at a later date as specified by City Council. Deferrals do not alter the requirements, they merely allow for their completion at a more convenient time for the developer or the city. (Ord. 2454, 5/12/09) 18.06.140 Density: Density means the number of dwelling units within a given unit of land. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.150 Development: Development means the construction or alteration of structures, dredging, dumping, filling, or removal of earth of any temporary or permanent nature. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.155 Deviation: Deviation means a modification to any requirement of the Community Street and Utility Standards or the Moses Lake Municipal Code that has been approved by the City Council or Municipal Services Director or Community Development Director. Such a modification may also be in the form of a deferral or a waiver. (Ord. 2454, 5/12/09) 18.06.160 District: District means a zoning district unless otherwise defined. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.170 Dwelling: Dwelling means any building or portion thereof designed or used for a residence or sleeping place of one (1) or more persons. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.180 Dwelling, Multi-family: Multi-family dwelling means a building or portion thereof designed or used as a residence by more than two (2) families, and containing more than two (2) dwelling units. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.190 Dwelling, Single Family: Single family dwelling means a building designed or used for residence by not more than one (1) family and containing only one (1) dwelling unit. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.200 Dwelling, Two-family, or Duplex: Two-family dwelling or duplex means a building designed or Moses Lake Council Packet 7-9-19, Page 89 used for residential purposes by not more than two (2) families and containing two (2) dwelling units. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.210 Dwelling Unit: Dwelling unit means a single unit providing complete, independent living facilities for not more than one (1) family, including permanent provisions for living, sleeping, eating, cooking, and sanitation. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.215 Easement, Municipal: Municipal easement means a nonexclusive easement granted to the city for the express use of locating municipal improvements. [Moved/modified from Public Easement definition] 18.06.216 Easement, Public Utility: Public utility easement means a nonexclusive easement granted to public utility providers for the express use of locating public utilities. [Moved/modified from Public Easement definition] 18.06.220 Factory Built Housing: Factory built housing means a structure constructed in a factory of factory assembled parts and transported to the building site in whole or in units and which is constructed to the standards of the State Building Code. The completed structure is not a mobile/manufactured home. (Ord. 2454, 5/12/09; Ord. 2144, 12/9/03; Ord. 1125, 1983; Ord. 786, 1976) 18.06.230 Family: Family means one (1) person living alone; or two (2) or more persons related by blood, marriage, or legal adoption, or a group not exceeding five (5) persons living as a single housekeeping unit. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.240 Feedlot: Feedlot means a lot or area used for the feeding and fattening of animals for market. (Ord. 2144, 12/9/03; Ord. 786, 1976) [only used in 18.12, Agriculture. Not a specialized meaning so no need to define] 18.06.280 General Plan: General Plan means the General Plan of the city as adopted by the City Council (same as Comprehensive Plan). (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.285 Generator: Generator means any person, by site, whose act or process produces dangerous waste or whose act first causes a dangerous waste to become subject to regulation under the Dangerous Waste Regulations, Chapter 173-303 WAC (WAC 173-303-040). (Ord. 2144, 12/9/03; Ord. 1324, 1988) [Used in 18.12, 18.30, 18.40. Clear from context, does not need to be defined] 18.06.290 Grade (Ground Level): Grade (ground level) means the average of the finished ground level at the center of all walls of a building. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.300 Gross Floor Area: Gross floor area means and includes all floor area within the exterior walls of a building, including areas in halls, storage, and partitions. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.315 Hazardous Substance: Hazardous substance means any liquid, solid, gas, sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste (RCW 70.105.010). (Ord. 2144, 12/9/03; Ord. 1324, 1988) [This phrase is not used anywhere in Title 18] 18.06.317 Hazardous Waste: Hazardous waste means and includes all dangerous and extremely hazardous waste (RCW 70.105.010) as defined in the Revised Code of Washington (RCW) or Washington Administrative Code (WAC). (Ord. 2144, 12/9/03; Ord. 1324, 1988) 18.06.330 Hotel: Hotel or motel means a facility offering transient lodging accommodations to the general public. The facility may also provide additional services, such as restaurants, meeting rooms, entertainment, and recreation facilities. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.360 Kennel: Kennel means any lot or premises on which four (4) or more dogs over four (4) months of age are kept. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.370 Landscaped: Landscaped means an area in lawn, shrubbery, wood chips, rock, or other Moses Lake Council Packet 7-9-19, Page 90 material that is maintained and kept free of debris and other nuisances. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.380 Lot: Lot means a parcel of land under one (1) ownership used or capable of being used under the regulations of this title, including both the building site and all required yards and open spaces as defined in Section 18.06.390 through 18.06.430. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.390 Lot, Corner: Corner lot means any lot which is located at the intersection of two (2) or more streets. The shorter street frontage of such a lot shall constitute the front of the lot. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.400 Lot Depth: Lot depth means the horizontal distance between the front and rear property lines measured in the mean direction of the side property lines. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.410 Lot, Inside: Inside lot means a lot other than a corner lot. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.420 Lot, Through: Through lot means a lot which has frontage on two (2) parallel or approximately parallel streets, or a lot that has a body of water or other natural barrier at the rear of the property which is parallel to the street. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.430 Lot Width: Lot width means the horizontal distance between the side property lines measured at right angles to the depth at a point which is the required minimum building setback line in that zone in which the lot is located. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.440 Maintain: Maintain means to preserve and care for a structure, improvement, or area to such an extent that it remains attractive, safe, and presentable and carries out the purpose for which it was installed or constructed. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.450 Manufactured Home: Manufactured home means a single family dwelling required to be built in accordance with regulations adopted under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C. 5401 et seq.) residential unit on one or more chassis for towing to the point of use and designed to be used with a foundation as a dwelling unit on a year around basis, and which bears an insignia issued by a state or federal regulatory agency indicting that the manufactured home complies with all applicable construction standards of the U S. Department of Housing and Urban Development definition of a manufactured home. A commercial coach, recreational vehicle, or motor home are not a manufactured home. (Ord. 2144, 12/9/03; Ord. 1125, 1983; Ord. 786, 1976) 18.06.453 Marijuana Retailer: Marijuana retailer means a person licensed by the Washington State Liquor and Cannabis Control Board to sell useable marijuana and marijuana-infused products in a retail outlet. A state licensed marijuana retailer is classified as a commercial land use and is subject to the standards for a commercial use. (Ord. 2692, 11/12/13) 18.06.455 Mobile Home: Mobile home means a factory built residential structure constructed prior to June 15, 1976 and not in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974 (HUD Code). (Ord. 2144, 12/9/03) 18.06.460 Motel: For a definition of motel, see the definition of hotel at Section 18.06.330 of this chapter. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.470 Non-Conforming Structure: Non-conforming structure means a structure conforming with respect to use, but does not conform with respect to height, setback, coverage, or other requirements of this title regulating structures. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.480 Non-Conforming Use: Non-conforming use means the use of any land or building which does not conform to the use regulations of this title for the zone in which it is located. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.487 Off-Site Hazardous Waste Treatment and Storage: Off-site hazardous waste treatment and Moses Lake Council Packet 7-9-19, Page 91 storage means facilities that treat and store waste from generators on properties other than those on which the off-site facilities are located. (Ord. 2144, 12/9/03; Ord. 1324, 1988) 18.06.488 On-Site Hazardous Waste Treatment and Storage: On-site hazardous waste treatment and storage means facilities that treat and store wastes generated on the same, geographically contiguous, or bordering property. (Ord. 2144, 12/9/03; Ord. 1324, 1988) [Moved this definition to the chapters where it is used: 18.30 Commercial & 18.40 Industrial] 18.06.490 Parking Lot: Parking lot means any area of land, a yard or other open space area, used for or designated for the parking of motor vehicles. (Ord. 2144, 12/9/03; Ord. 786, 1976) [ 18.06.500 Parking Space: Parking space means an off-street space with a minimum of nine feet (9') in width and twenty feet (20') in length used for or designated for the parking of motor vehicles, together with the area required to provide reasonable access to and from each space. (Ord. 2144, 12/9/03; Ord. 786, 1976) [ 18.06.510 Paved: Paved means a hard surfaced area of portland cement or asphaltic concrete with a base approved by the City Engineer. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.520 Private Street: Private street means a way that is privately built and maintained which affords the primary means of access to a Planned Development District, Manufactured or Mobile Home Park, or Recreational Vehicle Park. (Ord. 2144, 12/9/03; Ord. 1243, 1986; Ord. 786, 1976) 18.06.525 Processing or Handling: Processing or handling of hazardous substances means the use, storage, manufacture, production, or other land use activity involving hazardous substances. Hazardous substances processing and handling activities are normally found in commercial, manufacturing, and industrial zones. It does not include individually packaged household consumer products or quantities of hazardous substances of less than five (5) gallons in volume per container. (Ord. 2144, 12/9/03; Ord. 1324, 1988) 18.06.530 Property Line, Front: Front property line means the line separating the street from the front of the lot as shown on the official recorded plat of the property, and as modified by any subsequent vacation, condemnation, or conveyance for public purposes. In the case of unplatted property, a front line shall be designated by the Building Official before issuance of a building permit. A through lot shall be considered to have a front property line on each of the opposite streets upon which the lot abuts. (Ord. 2144, 12/9/03; Ord. 1243, 1986; Ord. 786, 1976) 18.06.531 Property Line, Rear: Rear property line means the lot line opposite and most distant from the front lot line. In the case of triangular or otherwise irregularly shaped lots, a line ten feet (10') in length entirely within the lot, parallel to and at a maximum distance from the front lot line. (Ord. 2144, 12/9/03) 18.06.532 Property Line, Side: Side property line means any lot line other than a front or rear lot line. (Ord. 2144, 12/9/03) 18.06.533 Recreational Vehicle: Vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel, or seasonal use that either has its own motive power or is mounted on, or towed by, another vehicle. Recreational vehicles include camping trailers, fifth-wheel trailers, motor homes, travel trailers, and truck campers. (Ord. 2144, 12/9/03) [Definition from RCW 43.22.335] 18.06.534 Retail: Establishments engaged in selling merchandise for personal or household consumption and rendering services incidental to the sale of the goods. Retail establishments generally buy goods for resale and are engaged in activities to attract the general public to buy. The establishment may process or manufacture some of its products (such as a jeweler or bakery), but such processing or manufacturing is incidental or subordinate to the selling activities. (Ord. 2144, 12/9/03) 18.06.535 School, Elementary and Secondary: 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. (Ord. 2144, 12/9/03) Moses Lake Council Packet 7-9-19, Page 92 18.06.536 Senior Citizen Dwelling: Senior citizen dwelling shall be defined as private or subsidized apartment housing for individuals sixty-two (62) years of age or older. (Ord. 2144, 12/9/03; Ord. 1524, 1992) [Moved to 18.54, Parking, the only chapter where it was used] 18.06.538 Service Area: Any area devoted to garbage or refuse containers, incinerators, the shipping and receiving of commodities, or the parking of trucks or other large vehicles used in the operation of an enterprise. (Ord. 2144, 12/9/03) 18.06.540 Service Station: Service station means a retail business establishment supplying gasoline, oil, accessories and minor service for automobiles. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.550 Setback: Setback means the distance between the property line and permitted building line as required in this title. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.560 Sign: Sign means any sign as defined in Chapter 18.58 of this Title. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.565 Site: Site means either: 1) a parcel of unplatted land, a parcel in a binding site plan, a tract, or a lot in a subdivision; or 2) two (2) or more contiguous parcels, tracts, or lots under one (1) ownership without intervening right-of-way and identified or delineated as one (1) development site; or 3) two (2) or more contiguous parcels, tracts, or lots under different ownership, without intervening right-of-way, and identified or delineated as one (1) development site. (Ord. 2144, 12/9/03) 18.06.570 Storage: Storage means the keeping of a quantity of goods, merchandise, or other materials in a manner or location which will require them to be rearranged or relocated before use or retail sales of the goods, merchandise, or other materials. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.575 Storage - Dangerous Waste: Storage means the holding of dangerous waste for a temporary period. Accumulation of dangerous waste by the generator on the site of generation is not storage as long as the generator complies with the applicable requirements of WAC 173-303-200 and 173-303-201. (Ord. 2144, 12/9/03; Ord. 1324, 1988) 18.06.580 Story: Story means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and the ceiling next above it. Any portion of a building exceeding fourteen feet (14') in height, shall be considered as an additional story for each fourteen feet (14') or major fraction thereof. If the finished floor level directly above the basement or cellar is more than six feet (6') above grade such basement or cellar shall be considered a story. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.590 Street: Street means a public right-of-way which provides the primary means of access to the abutting property. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.600 Structural Alteration: Structural alteration means any change in the supporting members of a building such as bearing walls, columns, beams, girders, floor joints, ceiling joists, or roof rafters. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.610 Structure: Structure means that which is built or constructed; edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires location on the ground or attached to something located in the ground, including swimming and wading pools, and covered patios, excepting outdoor areas such as paved areas, walks, tennis courts, and similar recreation areas. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.615 Treatment: Treatment means the physical, chemical, or biological processing of dangerous waste shall be as defined in State law to make such wastes non-dangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume. (Ord. 2144, 12/9/03; Ord. 1324, 1988) Moses Lake Council Packet 7-9-19, Page 93 18.06.620 Utility Easement: Utility easement means a nonrestrictive easement granted to the city for the express use of locating public utilities. (Ord. 2144, 12/9/03; Ord. 786, 1976) [See Easement, Public Utility and Easement, Municipal] 18.06.622 Utilities, Local: Facilities and infrastructure provided by a public agency, utility district, or franchise which convey essential services throughout a neighborhood area or within the community. These facilities include but are not limited to local water and waste water lines and pump stations, electrical distribution lines and substations, natural gas distribution pipelines, local telecommunication facilities, and storm water retention and conveyance systems. (Ord. 2144, 12/9/03) 18.06.623 Utilities, Regional: Facilities and infrastructure provided by a public agency, utility, or franchise which convey essential services throughout the area beyond but including Moses Lake. These facilities include but are not limited to regional water storage tanks, reservoirs, and booster stations; waste water interceptors, pump stations, and treatment facilities; electrical transmission substations and lines 115kV and greater, regional natural gas pipelines and gate stations, and regional telecommunication facilities. (Ord. 2144, 12/9/03) 18.06.624 Variance: Official permission to be relieved from specific development code requirements that cause an unusual or unreasonable hardship due to the physical characteristics of the site or existing improvements. (Ord. 2144, 12/9/03) 18.06.625 Waiver: Waiver means a permanent deviation that allows alterations to the requirements of the Community Street and Utility Standards or the Moses Lake Municipal Code. (Ord. 2454, 5/12/09) 18.06.626 Warehousing: The use of a building primarily for the long-term storage of goods and materials. (Ord. 2144, 12/9/03) 18.06.628 Wholesale: Establishments primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, construction contractors, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. (Ord. 2144, 12/9/03) 18.06.630 Yard, Front: Front yard means the required open space adjoining the front property line and extending across the full width of the lot to a depth equal to the minimum permitted horizontal distance between the front property line and any part of a building on the lot save as elsewhere excepted in this title. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.640 Yard, Rear: Rear yard means the required open space adjoining the rear property line and extending across the full width of the lot on inside lots, and from the side yard flanking a public street to the opposite side property line on corner lots and having a depth equal to the minimum permitted horizontal distance between the rear property line and any part of the main building on the lot, save as elsewhere excepted in this title. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.650 Yard, Side: Side yard means the required open space adjoining the side property line and extending from the required front yard to the required rear yard on inside lots, and to the rear property line on corner lots along the side flanking a public street, or in the absence of such required yards to the front or rear property lines, and having a width equal to the minimum permitted horizontal distance between the side property line, and any part of the main building on the lot line. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.660 Zoning Administrator: Zoning Administrator means the Community Development Director or designee person who is charged, by the City Manager, with the administration and enforcement of this title. (Ord. 2144, 12/9/03; Ord. 786, 1976) 18.06.670 Zoning Ordinance: Zoning Ordinance means the Zoning Ordinance of the city as codified in this title. (Ord. 2144, 12/9/03; Ord. 786, 1976) Moses Lake Council Packet 7-9-19, Page 94 CHAPTER 18.09 ZONING DISTRICTS AND MAP Sections: 18.09.010 Zoning District Classifications 18.09.020 Zoning Map Adopted 18.09.025 Zoning Map Amendment 18.09.026 Zoning Map Amendment 18.09.027 Zoning Map Amendment 18.09.030 Zone Boundaries 18.09.010 Zoning District Classifications: For the purposes of this title, the city is divided into the following districts: "Ag" - Agricultural “BP” - Business Park "C-1" - Central Business District “C-1A” - Transitional Commercial "C-2" - General Commercial and Business "C-R" - Conservation and Reclamation "H-I" - Heavy Industrial "L-I" - Light Industrial “MLIP” - Moses Lake Industrial Park ‘NC” - Neighborhood Commercial "P" - Public "R-1" - Residential, Single Family "R-2" - Residential, Single Family and Duplex "R-3" - Residential, Multi-Family “R-4" - Rural Residential (Ord. 2455, 5/12/09; Ord. 2144, 12/9/03; Ord. 1179, 1985; Ord. 1085, 1982; Ord. 910, 1978; Ord. 810, 1977; Ord. 786 1976) 18.09.020 Zoning Map Adopted: This title includes a map known, cited, and referenced as the Official Zoning Map of the City of Moses Lake, which shows the location and boundaries of the various zoning districts, references and other information shown thereon, which map is incorporated by reference as part of this title. A true and correct copy of the Official Zoning Map shall be kept in the Community Development Department, and shall be revised to reflect all zoning map amendments within ten days of said amendments. Said zoning map shall contain the date of initial adoption and the date of each subsequent revision. The city adopts in its entirety the 1996 digitized zoning map which is derived from the 1976 comprehensive zoning map as amended as the official zoning map for the city in compliance with the intent of RCW Chapter 35.63 as adopted and hereafter amended. (Ord. 2144, 12/9/03; Ord. 1761, 3/25/97; Ord. 785,1976) 18.09.025 Zoning Map Amendment: All the existing property zoned I-1, Industrial, as of November 9, 1981 be changed from its existing I-1, Industrial Zone, to L-I, Light Industrial. (Ord. 2144, Moses Lake Council Packet 7-9-19, Page 95 12/9/03; Ord. 1085, 1982) 18.09.026 Zoning Map Amendment: All the existing property zoned C-4, Highway Commercial, as of July 23, 1985 be changed from its existing C-4, Highway Commercial Zone to C-2, General Commercial and Business Zone. (Ord. 2144, 12/9/03; Ord. 1179, 1985) 18.09.027 Zoning Map Amendment: The Zoning Map of the City of Moses Lake shall be changed as follows: A. The following described property shall be changed from its existing zoning to Public: Skateboard Park - Lot 2, McCosh Park Plat Carpenter Park - Lot 8, Block 3, Sunset Park Addition and Tax #1333, Auditors File #950407013 Juniper Park - Lot 16, Block 1, Lakeview Terrace Neppel Park - A parcel of land in the Southeast Quarter of Section 15, Township 19 North, Range 28, E.W.M., Grant County, Washington, described as follows: Beginning at the Southeast corner of said Section; thence North along the East line of said Section, a distance of 255.31 feet; thence S53̊40'54"W, a distance of 415 feet, more or less, to the South line of said Section 15, and the true point of beginning; thence West along the South line of said Section, 210 feet to a point 10 feet distant and Easterly of the centerline of Railroad's mainline track as it exists as of May 1, 1994; thence bearing Southwesterly along and 10 feet Southeasterly from said mainline track centerline, a distance of 2125 feet; thence S37̊17'24"E, 42.00 feet to the Easterly boundary of the Railroad's right of way; thence Easterly along the Railroad's right of way to the true point of beginning. Grape Drive Ballfields Well No. 11 - Municipal Tract #5 Short Plat Well No. 9 - Municipal Tract No. 3 Reservoir #1 - Tax #5112 in Lot 16, Block 1, Lakeview Terrace #1 Pelican Horn Substation - Tax #8321 and Well #8 - Municipal Tract #1 B. The following described property shall be changed from its existing Agriculture Zone to R-1, Single Family Residential: Montlake East #6 - Lots 1, 2, 3, 13, 14, 15, 16,17, 18 19, and 20, Montlake East #7 - Lots 3, 4, 5, 6, 7, 8, and 9 Montlake East #8 - Lots 6 and 7 C. The following described property shall be changed from its existing zoning to R-2, Single Family and Two Family Residential: Ferguson Short Plat No. 3 - Lots 2 and 3 D. The following described property shall be changed from its existing zoning to C-2, General Commercial and Business: Tax #8944, Auditors File #920819028 Tax #1730, Auditors File #920819028 E. The following described property shall be changed from its existing zoning to CR - Conservation and Reclamation: Moses Lake Council Packet 7-9-19, Page 96 Marsh Island F. The following described property shall be changed from its existing zoning to C-2, General Commercial and Business: Bell Group Plat No. 1 and Lot 16, Western Addition (Ord. 2144, 12/9/03; Ord. 1761, 3/25/97) 18.09.030 Zone Boundaries: A. Zone boundaries, unless otherwise indicated, are lot lines or the center line of streets and alleys as shown on the official Zoning Map. Where the street layout actually on the ground varies from that shown on the Zoning Map, the designations shown on the map shall be applied to the streets as actually laid out so as to carry out the intent and purposes of this title. Where the location of the zone boundaries are shown on the Zoning Map to be other than street, alley, or lot lines, the depth of the zone shall be the same as that measured by scale on the official Zoning Map. B. If a boundary line cuts a property having a single ownership as of record at the time of the passage of the ordinance codified in this title, the property may be used in conformance with the zoning designations and boundaries as shown on the official Zoning Map. A property owner in this case may apply to the Planning Commission for permission to make use of all his property in accordance with the less restrictive zone. (Ord. 2455, 5/12/09; Ord. 2144, 12/9/03; Ord. 786, 1976) Moses Lake Council Packet 7-9-19, Page 97 CHAPTER 18.10 CITYWIDE REGULATIONS Sections: 18.10.010 Intent 18.10.020 Lot Design Standards 18.10.030 Community Street and Utility Standards and City Design Standards 18.10.040 Vehicular Movement 18.10.050 Environmental Review 18.10.060 Shoreline Areas 18.10.070 Lands Below 1050' Elevation 18.10.075 Critical Areas 18.10.080 Structures Over Easements or Right-of-Way 18.10.090 Maintenance of Lots 18.10.100 Maintenance of City Right-of-Way 18.10.110 Vehicle Maintenance 18.10.120 Issuance of a Business License or a Certificate of Occupancy 18.10.130 Non-Conforming Uses 18.10.140 Household Pets 18.10.150 Height Limitation 18.10.160 Planned Development District 18.10.170 Appeals 18.10.180 Variances 18.10.190 Prohibited 18.10.010 Intent: This chapter contains general regulations that apply to all zones in the city. (Ord. 2144, 12/9/03) 18.10.020 Lot Design Standards: Lots shall be subdivided in compliance with the applicable zoning requirements and Chapter 17.28 of this title entitled "Design Standards." (Ord. 2144, 12/9/03) 18.10.030 Community Street and Utility Standards and City Design Standards: Uses must be in compliance with Chapter 12 of the City Community Street and Utility Standards and City Design Standards in effect at the time of issuance of a building permit except that enlargement, alteration, replacement, or repair 18.10.040 Vehicular Movement: A. Vehicular movement and parking shall be consistent with the existing pattern of vehicular movement and parking. Streets shall be in compliance with city Design Standards. B. Vehicle movement and parking generated from new developments shall not exceed the design capacity of collector or minor streets. C. The City Engineer may impose special standards on curb cuts in areas where curb cuts could cause traffic or safety problems. (Ord. 2144, 12/9/03) 18.10.050 Environmental Review: Environmental information shall be prepared and submitted in accordance with the guidelines established under the State Environmental Policy Act of 1971, as amended, and the Moses Lake Municipal Code, as amended. (Ord. 2144, 12/9/03) 18.10.060 Shoreline Areas: All property developed within two hundred feet (200') of the high water line of Moses Lake or its associated wetlands, and any associated uses relying on the shoreline for such use shall conform with the city's Shoreline Management Plan. (Ord. 2144, 12/9/03) 18.10.070 Lands Below 1050' Elevation: All land below the 1050' elevation that is associated with the lake is zoned C-R, Conservation and Reclamation, and the regulations found in MLMC 18.45 apply. (Ord. 2144, 12/9/03) 18.10.075 Critical Areas: The City of Moses Lake’s critical areas ordinances must be met where applicable. These ordinances include: Moses Lake Council Packet 7-9-19, Page 98 A. MLMC 18.53, Flood Hazard Areas B. MLMC 19.03, Classification and Designation of Resource Lands and Critical Areas and Regulations for the Conservation and Protection of Resource Lands and Critical Areas C. MLMC 19.06, Classification and Designation of Wetlands and Regulations for the Conservation and Protection of Wetlands. (Ord. 2144, 12/9/03) 18.10.080 Structures Over Easements or Right-of-Way: No building or structure shall be constructed or placed over dedicated right-of-way or over a public utility or municipal easement, except as specifically allowed in other sections of this Code. This section shall not be construed to prohibit permitted signage. In commercial zones, awnings, roof overhangs, and similar structures may project over city sidewalk when attached to buildings sited on property line and fronting on a city street subject to review and approval by the Community Development Director and Building Official. (Ord. 2144, 12/9/03) 18.10.090 Maintenance of Lots: Lots shall be maintained so as to not create a fire hazard and shall be free of litter, debris, garbage, unsightly material, or weeds. (Ord. 2144, 12/9/03) 18.10.100 Maintenance of City Right-of-Way: The property owner shall be responsible for the maintenance of city right-of-way from the back side of the curb, including but not limited to sidewalks, planter strips, driveways, and landscaping. Where there is no curb, the property owner shall be responsible for the maintenance from the edge of asphalt, back of ditch, or traveled way. (Ord. 2144, 12/9/03) [Note: Underground improvements such as sewer and water are addressed in 13.05.240 and 13.07.050. Duty to maintain sidewalk is also addressed in 12.12.060] 18.10.110 Vehicle Maintenance: There shall be no maintenance of vehicles on city right-of-way. Oil and gasoline shall not be dumped on paved city streets or into catch basins or storm sewers. (Ord. 2144, 12/9/03) 18.10.120 Issuance of a Business License or a Certificate of Occupancy: No certificate of occupancy or business license may be issued by the city until the premises in question have been inspected and found by the Building Official to be in compliance with the provisions and requirements of this Title. (Ord. 2144, 12/9/03) 18.10.130 Non-Conforming Uses: Any land use, structure, lot of record or sign which was legally established prior to the effective date of this ordinance or subsequent amendment to it and which could not be permitted to be established as a new use in a zone in which it is located by the regulations of this ordinance, may be permitted to continue as a legal non-conforming use in compliance with Chapter 18.69 of this title entitled "Non-Conforming Uses." (Ord. 2144, 12/9/03) 18.10.140 Household Pets: A residence shall not keep more than three (3) household pets (cats and dogs) which are over four (4) months old; provided however, that any person who is legally blind and/or physically disabled may apply to the City Council for permission to keep more than the number of dogs stated herein as comfort dogs. A comfort dog is a dog which provides significant comfort and companionship to the blind and/or disabled person. In determining whether to permit the keeping of comfort dogs in excess of the number permitted herein, the City Council shall consider how the blind and/or disabled person came to own more than the permitted number of dogs, whether all dogs at the residence are maintained in compliance with Chapter 6.05, and whether there have been complaints of other code violations at the residence address related to Chapter 8.14. Any approval given by the City Council shall be specific to the identified comfort dog and upon the expiration of that comfort dog, it may not be replaced if the number of dogs in the residence would exceed the number permitted herein. (Ord. 2359, 10/23/07; Ord. 2144, 12/9/03) [Number and type of pets is regulated in MLMC Title 6, Animals] 18.10.150 Height Limitation: In addition to the height limits found in each zone, the height of structures over thirty-five feet (35') height may be limited by the provisions of MLMC 18.52, Grant County Airport Zoning. (Ord. 2144, 12/9/03) 18.10.160 Planned Development District: A planned development district may be allowed in any zone, following the standards and procedures in MLMC 18.67, Planned Development District. (Ord. Moses Lake Council Packet 7-9-19, Page 99 2144, 12/9/03) 18.10.170 Appeals: Any decision made by any administrator, officer, board, or commission in carrying out the provisions of this title may be appealed as provided for in Chapter 20.11 of the Moses Lake Municipal Code. (Ord. 2144, 12/9/03) 18.10.180 Variances: A variance of the bulk regulations of this Title may be obtained through the Hearing Examiner in compliance with the provisions of MLMC 18.80, Hearing Examiner. (Ord. 2144, 12/9/03) 18.10.190 Prohibited: The following shall be prohibited in all zones: A. Public nuisances, as defined in MLMC 8.14. B. Abandoned structures or buildings in a state of disrepair, as defined in MLMC 16.08, Dangerous Buildings, and MLMC 8.14, Nuisances, 8.14. C. Other than where specifically allowed by this code, storage in sea-going containers, railroad cars, cabooses; car, truck, or van bodies or parts of bodies, semi trailers, or any other similar unit which detaches from a trailer, chassis, or frame. (Ord. 2144, 12/9/03) Moses Lake Council Packet 7-9-19, Page 100 CHAPTER 18.12 AG, AGRICULTURAL ZONE (Note: Staff recommends that this chapter be deleted as not compliant with the Growth Management Act or the City of Moses Lake Comprehensive Plan) Moses Lake Council Packet 7-9-19, Page 101 CHAPTER 18.20 RESIDENTIAL ZONES Sections: 18.20.010 Purpose 18.20.020 Additional Requirements 18.20.030 Allowed Uses 18.20.040 Prohibited 18.20.050 Development Standards for Residential Zones 18.20.055 Accessory Dwelling Units 18.20.060 Accessory Uses, Buildings, or Structures 18.20.070 Flag Lots 18.20.080 Lots Fronting on Curved Streets 18.20.090 Drainage 18.20.100 Recreational Equipment Parking and Storage 18.20.110 Satellite Receiving Antennas 18.20.120 Fences, Walls, and Hedges 18.20.130 Residential Density 18.20.140 Performance Standards 18.20.150 Performance Standards Residential Structures 18.20.160 Keeping of Livestock in the R-4 Zone (Prior Ordinances - RR, Rural Residential Zone: Ord. 1933, 5/9/00; Ord. 1591, 1993; Ord. 1561, 1993; Ord. 1377, 1989; Ord. 1318, 1988; Ord. 1244, 1986; Ord. 1124, 1983; R-1 Zone: Ord. 1934, 5/9/00; Ord. 1861, 7/13/99; Ord. 1820, 10.27/98; Ord. 1762, 3/25/97; Ord. 1750, 1/28/97; Ord. 1712, 3/12/96; Ord. 1592, 1993; Ord. 1562, 1993; Ord. 1482, 1991; Ord. 1378, 1989; Ord. 1319, 1988; Ord. 1202, 1986; Ord. 1121, 1983; R-2 Zone: Ord. 1935, 5/9/00; Ord. 1862, 7/13/99; Ord. 1821, 10/27/98; Ord. 1763, 3/25/97; Ord. 1755, 2/25/97; Ord.1752, 2/11/97; Ord. 1713, 3/12/96; Ord. 1593, 1993; Ord. 1563, 1993; Ord. 1483, 1991; Ord. 1379, 1989; Ord. 1320, 1988; Ord. 1203, 1986; Ord. 1123, 1982; Ord. 1122, 1983; R-3 Zone: Ord. 1936, 5/9/00; Ord. 1863, 7/13/99; Ord. 1822, 10/27/98; Ord. 1764, 3/25/97; Ord. 1756, 2/25/97; Ord. 1753, 2/1/97; Ord. 1714, 3/12/96; Ord. 1594, 1993;Ord. 1564, 1993; Ord. 1484, 1991; Ord. 1380, 1989; Ord. 1321, 1988; Ord. 1271, 1987; Ord. 1204, 1986; Ord. 1123, 1982; R-4, Residential Zone: Ord. 1938, 5/9/00; Ord. 1864, 7/13/99; Ord. 1823, 10/27/98; Ord. 1804, 6/9/98; MH, Mobile Home Subdivision Zone: Ord. 1937; 5/9/00; Ord. 1595, 1993; Ord. 1565, 1993; Ord. 810, 1977) 18.20.010 Purpose: The purpose of this chapter is to provide for: A. The specific characteristics of residential development that may take place in Moses Lake; B. A consistent and compatible residential land use pattern; C. The residential housing needs of Moses Lake citizens; D. The public safety needs of Moses Lake citizens. The R-1, Single Family Residential Zone is intended to provide for and to protect single family residences in specified low density residential areas and to preserve land for single family residential uses. Residential density generally ranges from one to four dwelling units per acre. The R-2, Single Family and Two Family Residential Zone is intended to provide for and to protect single family and two (2) family residences in specified low density areas and to preserve land for single family and two (2) family residential uses. Residential density generally ranges from four (4) to eight (8) dwelling units per acre. Moses Lake Council Packet 7-9-19, Page 102 The R-3, Multi-Family Residential Zone is intended to accommodate medium to high density residential uses and to preserve land for such residential uses. Residential density generally ranges from six (6) to fifteen (15) dwelling units per acre. The zone may also serve as a transitional buffer area between commercial areas and low-density residential areas. Limited commercial uses are permitted as conditional uses. The R-4, Residential Zone is intended to provide areas to accommodate a low density residential use pattern. The zone provides land which may be converted from the residential reserve designation to a development district. Land uses permitted in the zone and the standards applicable to it are designed so that future, more intensive development is not precluded. This zone is appropriate for properties which may not be suitable for dense urban development due to public facility limitations that cannot be corrected by extending existing facilities or upgrading existing facilities at a reasonable cost. Equestrian opportunities and keeping of animals consistent with the size of the property may be allowed. (Ord. 2144, 12/9/03) 18.20.020 Additional Requirements: Additional requirements are found in other chapters of the Municipal Code and other adopted City regulations, including but not limited to the following: A. MLMC 18.10, Citywide Regulations B. MLMC 18.45, Conservation and Reclamation Zone C. MLMC 18.49, Site Plan Review (for non-residential projects only) D. MLMC 18.51, Conditional and Unmentioned Uses E. MLMC 18.53, Flood Hazard Areas F. MLMC 18.54, Off-Street Parking and Loading G. MLMC 18.55, Home Occupations H. MLMC 18.57, Landscaping I. MLMC 18.58, Signs J. MLMC 18.60, Factory Built Homes K. MLMC 18.65, Manufactured Home Parks L. MLMC 18.23, Residential Redevelopment Areas Multi-Family Housing Tax Exemption M. MLMC 19.03, Classification and Designation of Resource Lands and Critical Areas and Regulations for the Interim Conservation and Protection of Resource Lands and Critical Areas N. MLMC 19.06, Classification and Designation of Wetlands and Regulations for the Conservation and Protection of Wetlands O. City of Moses Lake Shoreline Master Program (Ord. 2409, 8/12/08; Ord. 2144, 12/9/03) 18.20.030 Allowed Uses: A. The Residential Land Uses table indicates where categories of land uses may be permitted and whether those uses are allowed outright or by conditional use permit. Only residential zones are included in this table. Land uses not listed are prohibited unless allowed through the process specified in MLMC 18.20.020.D. Further interpretation of these zones may be obtained as specified in MLMC 20.03.020.B. Land uses are also subject to any footnotes contained within this chapter. B. The symbols used in the table represent the following: Moses Lake Council Packet 7-9-19, Page 103 1. An “A” in a table cell indicates that the use is allowed subject to the applicable standards in this code in the zone listed at the top of the table. 2. A “C” in a table cell indicates that the use is allowed by conditional use permit, subject to the conditional use provisions in MLMC 18.51 and any additional standards specified. 3. An “X” in a table cell indicates the use is not allowed in the zone listed at the top of the table. C. Procedural requirements for permits are described in Moses Lake Municipal Code Title 20. D. Uses similar to those listed may be established as allowed or conditionally allowed through the interpretation procedures in MLMC 20.03.020.B. In determining whether a use should be permitted, the Community Development Director shall refer to the purpose statements found in MLMC 18.20.010 and the 1987 latest version of the Standard Industrial Classification Manual North American Industry Classification System. TABLE 1: LAND USES IN RESIDENTIAL ZONES USE CATEGORIES R-1 R-2 R-3 R-4 Residential Single family detached dwelling A A A A Single family attached dwelling, each unit on its own lot of record A A A X Factory built residential structure not on a permanent chassis A A A A Factory-built housing constructed to the standards of the State Building Code A A A A Manufactured home A A A A Duplex X A A X Multi-family dwelling units X X A X Condominium (in compliance with MLMC 18.67) A A A A Rental of apartment appurtenant to single family residence X C C C Accessory dwelling unit (in compliance with 18.20.055) A A A X Boarding house for not more than 3 people X C C X Manufactured Home Park (in compliance with MLMC 18.65) X C C X Temporary occupancy of recreational vehicle1 X C C X Commercial Adult Family Home2 A A A A Assisted Living Facility X X C X Family Day Care3 A A A A Day Care Center–in home4 C C C X Day Care Center–not in home5 X X C X Moses Lake Council Packet 7-9-19, Page 104 TABLE 1: LAND USES IN RESIDENTIAL ZONES USE CATEGORIES R-1 R-2 R-3 R-4 Home Occupation (in compliance with MLMC 18.55) A A A A Professional Office X X C X Golf course C C C C Clubs, lodges, assembly halls X X C X Athletic clubs X X C X Boarding houses X X C X Clinics, hospitals X X C X Hotels, motels X X C X Marinas X X C X Recreational Vehicle Parks (in compliance with MLMC 18.71) X X C X Commercial uses not specifically listed X X X X Cryptocurrency Mining X X X X Data Centers/Server Farms X X X X Transportation, Communication, and Utilities Wireless communication facilities, in compliance with MLMC 18.78 X X X X Local utilities, below ground A A A A Local utilities, above ground C C C C Regional utilities C C C C Public and Institutional Park, playground, athletic field, other non-commercial recreation A A A A sSchools–public and private C C C C Churches and church structures or additions which may exceed 30' in height, and appurtenant uses C C C C Cemeteries C C C C Agricultural Commercial cultivation of land for agricultural products, vineyards, gardening, fruit growing, greater than ¼ acre X C X C X C X C Commercial cultivation of land for agricultural products, vineyards, gardening, fruit growing, less than ¼ acre A A A A Moses Lake Council Packet 7-9-19, Page 105 TABLE 1: LAND USES IN RESIDENTIAL ZONES USE CATEGORIES R-1 R-2 R-3 R-4 Keeping of livestock, poultry other than chickens regulated by MLMC 6.07, rabbits, or bees (in compliance with MLMC 18.20.160) X X X A ?? Selling of agricultural products raised or grown on premises X X X A Stables, riding academies, commercial dog kennels X X X C Commercial produce stand (selling of seasonal agricultural products) X X X C Miscellaneous Accessory use appurtenant to any primary use and not otherwise prohibited A A A A Removal of soil or other natural materials for the purpose of sale or use as fill material6 X X X X Cargo containers X X X X Footnotes for Table 1 1. A. The following criteria shall be met: 1) Applicant must be a non-profit organization. 2) The request is associated with a construction project which requires a conditional use permit. 3) The location and siting of the RV units shall comply with MLMC 18.65.080 Setbacks and Separations of Manufactured Homes, MLMC 16.36 Fire Apparatus Access, and MLMC 16.48 Fire Hydrants. B. In addition to any other conditions the Planning Commission sets on the project, the following requirements shall be stipulated as conditions of the conditional use permit: 1) The duration of the conditional use permit shall be specified and shall not be allowed to exceed the life of the building permit. 2) The number of RV units to be allowed. 3) The RV site shall be left free of litter, debris, or other evidence of RV occupation upon the completion or removal of the use. 4) A solid waste disposal plan shall be provided. 2. An adult family home shall be licensed by the State of Washington Department of Social and Health Services, and a city business license shall be required. 3. Family day care homes shall be licensed by the State of Washington Department of Social and Health Services and shall operate in compliance with the licensed capacity requirements for family day care homes. Certification by the office of child care policy licensor as providing a safe passenger loading area, and a city business license shall be required. The building and lot shall comply with all building, fire, safety, and health code requirements, and shall conform to the lot size, building size, setbacks, and lot coverage standards of the zone, except for legal nonconforming structures. Signage shall not be allowed. Hours of operation may be limited to facilitate neighborhood compatibility, while also providing appropriate opportunities for persons who use family day care and who work a non-standard shift. Proof that adjacent property owners have been notified in writing of the intent to locate and maintain such a facility shall be required. 4. This shall be a day care facility that provides for the care of no more than 20 children in the family abode of the person holding the license issued by the Washington State Department of Social and Health Service. Day care centers must be in compliance with the following Moses Lake Council Packet 7-9-19, Page 106 requirements: A. Outdoor play areas shall not be located in front yards. B. One on-site parking space is required for each employee in addition to the required resident parking. C. An on-site, off-street loading and unloading area shall be required. D. A city business license shall be required. E. Signage shall not be permitted in the R-1, R-2, or R-4 Zones. F. No structural or decorative alteration which would alter the character or be incompatible with the surrounding residences shall be permitted. G. The use and structures shall be in compliance with zoning regulations and State Building Code requirements. H. Day care centers shall be licensed by the State of Washington, Department of Social and Health Services and shall operate in compliance with the licensed capacity requirements as determined by the State of Washington, Department of Health Services, unless the Planning Commission stipulates fewer children. I. The Planning Commission may impose conditions to mitigate any potential adverse impacts on the surrounding area. 5. Subject to the following conditions: A. Day care facilities shall be licensed by the State of Washington, Department of Social and Health Services and shall operate in compliance with the licensed capacity requirements as determined by the State of Washington, Department of Health Services, unless the Planning Commission stipulates fewer children. B. One (1) on-site parking space shall be required for each employee on the largest shift. C. An on-site loading and unloading area shall be required. 6. Excavation for the purpose of on-site construction or landscaping is permitted. (Ord. 2799, 2/23/16; Ord. 2456, 5/12/09; Ord. 2409, 8/12/08; Ord. 2144, 12/9/03) 18.20.040 Prohibited: The following are prohibited in residential zones: A. Outside storage, collection, or dumping of any junk, scrap, garbage, unsightly material, litter, or debris except as may be contained in an approved garbage collection container. B. Outside storage, collection, or dumping of dismantled, partly dismantled, or wrecked vehicles, trailers, machinery, or their parts. C. Any use which does not or is not capable of conforming with the requirements of this chapter. (Ord. 2144, 12/9/03) 18.20.050 Development Standards for Residential Zones: A. Purpose: This section establishes the site requirements and development standards for uses in the residential zones. The standards and rules are established to provide flexibility in project design, prevent fire danger, provide adequate access and circulation, reduce incompatibilities, and prevent overloading of infrastructure due to the impacts of development. B. Explanation of table: Development standards are listed down the left column of the table and the residential zones are identified across the top row. The matrix cells contain the Moses Lake Council Packet 7-9-19, Page 107 requirements of each zone. The footnotes identify particular requirements applicable to a specific use, standard, or zone. TABLE 2: DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES Development Standards R-1 R-2 R-3 R-4 Minimum lot size (in square feet)1 7000 7000 6000 32,670 Minimum lot size for a corner lot (in square feet) 7700 7700 6600 32,670 Minimum lot size for a two-family dwelling (in square feet)1 ---- 8000 6000 ---- Additional lot area per dwelling unit in excess of 2 dwelling units (in square feet) ---- ---- 1200 ---- Minimum lot depth 100' 100' NS 150' Minimum lot depth on an arterial 120' 120' 120' 150' Minimum lot width2 65' 65' NS 100' Minimum lot width, corner lot 70' 70' NS 150' Minimum lot width for a two-family dwelling ---- 70' NS ---- Minimum street frontage for flag lots 20' 20' 20' 40' Front yard and exterior side yard setback3 - garage 25' 25' 20' 25' Front yard and exterior side yard setback3 - living space 20’ 20’ 15’ 25’ Front yard and exterior side yard setback3 - porches, covered entryways, and similar unenclosed building projections 15’ 15’ 15’ 25’ Interior side yard setback3 (each side) If lot is 65' wide or less If lot is more than 65' 5' 6' 5' 6' 5' 5' 20' 20' Rear yard setback3 25' 25' 5' 25' Rear yard setback3, corner lot less than 70' in width 10% of lot depth 10% of lot depth 5' ---- Rear yard setback3, corner lot 70' or greater in width 15% of lot depth 15% of lot depth 5' 25' Setback from the ordinary high water mark of Moses Lake5 : See the City of Moses Lake Shoreline Master Program (SMP) 20' or 20% of lot depth, which ever is less See SMP 20' or 20% of lot depth, which ever is less See SMP 20' or 20% of lot depth, which ever is less See SMP 20' or 20% of lot depth, which ever is less See SMP Maximum lot coverage for multi-family structures ---- ---- 50% ---- Moses Lake Council Packet 7-9-19, Page 108 TABLE 2: DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES Development Standards R-1 R-2 R-3 R-4 Minimum open space for multi-family ---- ---- 1000 SF + 100 SF per unit6 Maximum height of primary structure7 30' 8 30' 8 40' 9 30' 11 Maximum height of detached accessory structure 16' 10 16' 10 16' 10 35' 11 Minimum width of narrowest portion of main residential structure 20' 20' 20' 20' Maximum height of floor level above grade (single level residential structures) 18" 18" 18" 18" Minimum required number of covered12 parking spaces, in addition to off-street parking required in MLMC 18.54 1 1 0 1 NS= No Standard Footnotes for Table 2 1. Exceptions: A. In the R-1 and R-2 zone, lots platted prior to 1961 shall have a minimum lot size of six thousand (6000) square feet. B. In the R-1, R-2, and R-3 zone, a building permit may be issued to a platted non-conforming lot that contains at least five thousand (5000) square feet and otherwise meets the underlying performance standards of the zone in at least eighty percent (80%) of the minimum bulk dimensions of width, depth, and building setback line. 2. In the R-1 and R-2 zone, lots platted prior to 1961 shall have a minimum lot width of sixty feet (60'). 3. Setbacks A. Within the setback area shown in Table 2, no building or structure (as defined in 18.06) shall be allowed, except flagpoles, signage, fencing, slope stability structures, window wells, and open steps and platforms having no roof covering. Eaves, cornices, and awnings may project into the required setback no more than two feet (2'). B. The setbacks shown in the table are zoning setbacks. Larger setbacks may be required by the State Building Code, State Fire Code, sight distance requirements, or landscaping requirements (MLMC 18.57). C. There shall be no side yard setback requirement for single family dwelling units sharing a common wall or attachment when each dwelling is on its own lot of record. D. To determine the interior side setback requirement in the R-1 and R-2 zones, the lot width shall be measured at the front setback line for rectangular lots. For all other lot shapes, the average of the width at the front setback line and rear setback line shall be used to calculate the required interior side setback. Moses Lake Council Packet 7-9-19, Page 109 E. Within the setback area shown in Table 2, attached appurtenances such as, but not limited to, awnings, porch covers, and pergolas may encroach into the required rear yard setback no more than fifteen feet (15'). Any such attached appurtenance shall remain open and shall not be enclosed with walls for the purpose of creating habitable living space. 5. Setback from the ordinary high water mark of Moses Lake: A. This setback does not apply to water-dependent structures such as docks or boathouse. Structures located within a lakefront rear yard shall be in compliance with Chapter 18.45 entitled C-R Zone and the Shoreline Master Program. B. Lawfully existing structures built prior to the adoption of this ordinance shall not be required to comply with this setback. Building permits for lots in subdivisions approved prior to the adoption of this ordinance shall not be required to meet this setback. Subdivisions approved after the adoption of this ordinance and the request for building permits on lots in these subdivisions shall meet this setback. 6. Open space shall not include parking areas or driveways and shall be usable outdoor area for recreation and landscaping. The smallest dimension of the open space area shall be not less than fifteen feet (15'). 7. The following structures are exempt from the building height restriction and may be erected higher than thirty feet (30') so long as the structure permitted is a distance from all property lines not less than its height and it meets any additional conditions as noted: A. Church spires, steeples, and bell towers. Other portions of a church building may exceed thirty feet (30') if addressed as part of the conditional use permit for the building. B. Flag poles. C. Non-commercial antennas and towers related to wireless transmissions and relays, if permitted by law, so long as those towers are no higher than necessary to reasonably accommodate the use including the use of the shortest structure possible and crank-up or telescoping devices are used whenever possible. D. Water reservoirs. 8. In the R-1 and R-2 zones, a primary structure may be constructed up to thirty-five feet (35') in height under the following conditions: A. The interior side yard setback must be at least ten feet (10') with one additional foot of setback for each additional foot of building height over thirty feet (30') to a maximum required setback of fifteen feet (15'). B. A minimum lot size of twelve thousand five hundred (12,500) square feet. 9. In the R-3 Zone a primary structure may be constructed up to forty feet (40') in height under the following conditions: A. The rear yard and interior side yard setback must be at least ten feet (10') with one additional foot of setback for each additional foot of building height over thirty feet (30') to a maximum required setback of fifteen feet (15'). B. A minimum lot size of twelve thousand five hundred (12,500) square feet. 10. A detached accessory building in a residential zone may exceed sixteen feet (16') in height under the following conditions: A. Minimum lot size of fifteen thousand (15,000) square feet. B. Minimum lot width of eighty feet (80'). Moses Lake Council Packet 7-9-19, Page 110 C. Accessory building, primary structure, and impervious surfaces combined do not cover more than fifty percent (50%) of lot. D. Any building over sixteen feet (16') in height must be consistent with the exterior of the primary structure in architectural style, siding, paint, roof pitch, and roofing material. If the primary structure has multiple roof pitches, the accessory building need only match one of them. E. Interior side yard and rear yard setbacks as required by current code plus one additional foot for each additional foot in height over sixteen feet (16'). F. Building to be no taller than 26' or the height of the house, whichever is less. G. Blank wall facades created by an accessory building over sixteen feet (16') in overall height and twenty-four feet (24') in width or length will require one window, with one (1) additional window required for each additional twelve feet (12') in width or length. Window trim shall match the window trim on the front of the house. 11. In the R-4 Zone, a primary or accessory structure may be constructed up to thirty-five feet (35') when the interior side yard setback is increased by one foot (1') of setback for each additional foot of building height over thirty feet (30'). 12. In a garage or carport constructed to the standards of the State Building Code. (Ord. 2721, 7/8/14; Ord. Ord. 2651, 7/24/12; Ord. 2510, 8/11/09; Ord. 2409, 8/12/08; Ord. 2144, 12/9/03) 18.20.055 Accessory Dwelling Units A. Purpose: 1. To regulate the establishment of accessory dwelling units within or in conjunction with single-family dwellings while preserving the character of single-family neighborhoods. 2. To provide affordable housing options. 3. Make possible for adult children to provide care and support to a parent or other relatives in need of assistance. 4. To provide the opportunity for homeowners to gain security, companionship and the extra income necessary to help meet the rising costs of home ownership. 5. To provide infill housing opportunities and efficient land use throughout residential zones in the City. B. Accessory dwelling units (ADU) shall meet all of the following standards: 1. In the R-1, R-2, and R-3 zones, an ADU may be created within, or detached from, any existing or new single-family dwelling as a subordinate use. 2. No more than one ADU may be created per legal lot of record. 3. Only the property owner, which shall include title holders and contract purchasers, may apply for an ADU. The property owner must occupy either the primary dwelling or the ADU as their principal residence for at least six months of the year. 4. One off-street parking space shall be provided in addition to off-street parking that is required for the primary dwelling, 5. The ADU shall be designed to maintain the appearance of the primary dwelling as a single-family dwelling. Roof pitches and material, siding, trim, color, and windows of any new construction to house the ADU shall be similar and complementary to the primary dwelling. Moses Lake Council Packet 7-9-19, Page 111 6. In no case shall a detached ADU be less than 200 square feet, and no less than 300 square feet when part of the primary residence. No ADU shall be more than 800 square feet, excluding any related parking and stair areas. 7. The ADU shall include, at a minimum, kitchen, bathroom and sleeping facilities. 8. Detached accessory dwelling units shall meet front, rear and side yard accessory structure setback requirements. 9. If a separate outside entrance is necessary for an ADU located within the primary dwelling, that entrance must be located either on the rear or side of the building. 10. A home occupation may be permitted in either the primary dwelling or the ADU but not in both. 11. An ADU shall not be subdivided or otherwise segregated in ownership from the primary dwelling unit unless the resulting lots meet all of the required minimum development standards 12. An address for an ADU shall be the same as the primary dwelling unit with a “B” added to the end of the address number. 13. The design and construction of the ADU shall conform to all applicable codes. 14. The property owner shall file a restrictive covenant with Grant County’s auditor’s office for the subject property prior to final building inspection approval for the ADU. The recorded information shall: a. Identify the property by address and legal description b. State that the owner(s) resides in either the principal or accessory dwelling unit. c. State that the owner(s) will notify any prospective purchasers of the limitations of the ADU. d. State that the ADU shall not be subdivided or otherwise segregated in ownership from the primary dwelling unit unless the resulting lots meet all of the required minimum development standards for the zone. e. Provide, upon proper notice, for the removal of the ADU within 2 years, if any of the requirements of this title are violated. (Ord. 2745, 1/13/15) 18.20.060 Accessory Uses, Buildings, or Structures: A. All accessory uses, buildings, and structures must be customarily incidental and subordinate to the principal building or use of the lot upon which it is located. B. Where there is a question regarding the inclusion or exclusion of a particular accessory use within any zone classification, the Community Development Director shall have the authority to make the final determination. The determination shall be based upon the general standards of this section and on an analysis of the compatibility of the use or structure with the predominant surrounding land use pattern and with the permitted principal uses of the zone classification. C. The following structures are customarily incidental to residential uses: 1. Carports or garages for the sole use of occupants of premises and their guests, attached or detached, for storage of motor vehicles, boats, and/or recreational vehicles. 2. Greenhouses, private and non-commercial. Moses Lake Council Packet 7-9-19, Page 112 3. Storage buildings for yard maintenance equipment and household goods. D. Accessory uses, buildings, and structures, other than fences and retaining walls, are prohibited from being located on a lot prior to a legal principal use. E. In the R-4 Zone, accessory buildings or structures intended for the keeping and maintenance of livestock shall be in compliance with Section 18.20.160.G of this chapter. F. Detached accessory buildings or structures are permitted in compliance with the use and bulk regulations and performance standards of this chapter, provided that: 1. The height of the accessory building or structure shall not exceed the maximum height listed in Table 2. 2. Detached accessory buildings or structures shall comply with the front and side yard setback requirements of this chapter. 3. There shall be no required rear yard setback except as required by the State Building Code. For the purposes of this section only, on a through lot, the Community Development Director may determine that one of the frontages of a through lot functions as a rear lot line and therefore does not require a rear yard setback for a detached accessory structure. In making such a determination, the Community Development Director shall consider the orientation of the primary structure on the lot and the development of other lots in the same area or neighborhood. 4. No detached accessory building or structure shall be constructed on or over right-of- way or on or over a public utility or municipal easement. 5. For structures accessory to residential uses in the R-1, R-2, and R-3 Zones, the total ground area of accessory structures may not exceed sixty percent (60%) of the total living area of the primary dwelling unit, unless all of the following conditions are met: a. The total area of all detached accessory structures does not exceed the size of the primary dwelling unit, or eight hundred and fifty (850) square feet, whichever is less. b. No more than thirty-five percent (35%) of the lot may be covered by buildings. c. The roof pitch of the accessory building(s) shall be at least three (3) vertical to twelve (12) horizontal. 6. The accessory building shall be at least five feet (5') from the primary building on the lot. Separation between accessory buildings shall be as regulated by the State Building Code. (Ord. 2206, 5/24/05; Ord. 2144, 12/9/03) 18.20.070 Flag Lots: A. Flag lots shall have a minimum frontage on a dedicated right-of-way, as shown in Table 2. B. The flag pole portion of the lot shall not be considered in determining compliance with the requirements of this chapter. C. Private driveways shall be maintained and clear of obstruction to allow for access by emergency vehicles. (Ord. 2144, 12/9/03) 18.20.080 Lots Fronting on Curved Streets: The required width of residential lots fronting on curved streets, including cul-de-sac bulbs, may be reduced to not less than forty feet (40') provided that the required lot area is obtained within one hundred twenty feet (120') of the front property line abutting a curved street and that there shall be a minimum sixty-five foot (65') lot width at the front building line on the lot. (Ord. 2144, 12/9/03) 18.20.090 Drainage: Roofs shall drain in such a manner that water will not flow onto a public sidewalk. Water discharged from evaporative air conditioners shall be controlled by the owner so as to not discharge into a sanitary sewer unless approved by the City Engineer, and shall not flow onto a Moses Lake Council Packet 7-9-19, Page 113 city street or onto adjacent lots. Paved areas exceeding two hundred (200) square feet in area shall be provided with approved drainage disposal systems on the property, except in areas where adequate storm drainage systems are available. (Ord. 2144, 12/9/03) 18.20.100 Recreational Equipment Parking and Storage: Recreational equipment, including camping trucks, motor homes, camping trailers, boats, boat trailers, and similar equipment may be parked or stored on premises. Recreational equipment stored or parked within side yard setbacks shall be permissible provided the occupants of the adjoining property consent thereto. (Ord. 2144, 12/9/03) 18.20.110 Satellite Receiving Antennas: Satellite receiving antennas shall be sited in compliance with the front and side yard setback requirements of this chapter. (Ord. 2144, 12/9/03) 18.20.120 Fences, Walls, and Hedges: A. Solid fencing shall not obscure sight at intersection. B. All corner lots shall maintain a vehicular sight triangle for safety purposes. A sight triangle shall be formed by measuring from the intersection of the extended curb line or the traveled right-of-way (if no curbs exist) of the adjacent street to a distance of fifty feet (50') from the corner point. The third side of the triangle is the straight line connecting the two (2) fifty foot (50') sides. Within the area comprising the triangle, no fence, shrub, or other physical obstruction higher than thirty-six inches (36") above the established street grade shall be permitted . See Figure 1. C. Fences and walls shall not exceed four feet (4') above finished ground level outside of the vehicle sight triangle in any front yard or corner lot exterior side yard, except for the following: 1. In the R-4 Zone, chain link, woven wire, or split rail fences, not to exceed five (5) feet in height are permitted. Fences of other materials and sight-obscuring fences shall not exceed 4’. 2. For a corner lot in the R-1, R-2, or R-3 Zone, the street frontage along the side of the house may have a fence up to six feet (6') in height, provided that the fence is set back from the sidewalk at least five feet (5'), and the area between the fence and the sidewalk is maintained in irrigated landscaping that meets the requirement of a Type IV street frontage buffer as specified in MLMC 18.57 at a minimum. The six foot (6') fence may extend no closer to the street frontage along the front of the house than twenty-five feet (25)' or even with the front of the house, whichever is more. The sight triangle provisions of MLMC 18.20.120.B must also be met. 3. When one of the frontages of a through lot is a primary or secondary street, sight obscuring fences not exceeding six feet (6') in height may be built inside the property line to within five feet (5') of the sidewalk abutting the primary or secondary street, provided the following requirements are met unless otherwise approved by the Planning Commission: a. The adjacent strip of land between the fence and the back of the adjacent sidewalk shall be improved by the property owner concurrent with the fence installation. b. The property owner shall provide a treatment plan for the strip of land as part of the building permit application process. c. The treatment plan shall provide for minimum treatment with grass, decorative rock, 1 Moses Lake Council Packet 7-9-19, Page 114 wood, bark, or any combination of such materials or similar materials in a manner that will minimize disturbance by natural elements or pedestrians. Additional landscaping is encouraged. d. Approved landscaping, installed between the fence and the property line shall be permanently maintained in a healthy growing condition. Dead, diseased, and dying material shall be replaced immediately. Planted areas shall be maintained clear of rubbish and debris. e. Fences proposed along Valley Road, Yonezawa Boulevard, Grape Drive, Division Street, and Nelson Road shall be three-dimensional, capped or framed, with twelve inch (12") wide pilasters located a maximum of sixteen feet (16') apart. Pilasters shall be of contrasting materials. The use of durable materials, such as masonry, is strongly encouraged. Masonry columns a minimum of two feet (2') wide may be placed every forty-eight feet (48') maximum if used in place of pilasters. All wood materials used must be painted or stained. Fences that are not consistent with the conditions specifically stated in this section may be allowed subject to the approval of the Planning Commission. f. Lots contained within subdivisions may not apply for an individual fence permit unless the majority of the lots with arterial street frontage within that subdivision have already legally constructed six foot (6') high fencing along the frontage. If less than the majority of said lots have six foot (6') high fencing, then a subdivision fence pursuant to 18.20.120.K is required. D. Fences and walls shall not exceed eight feet (8’) above finished ground level in any interior side or rear yard. E. Fences along walkways, pedestrian paths, or activity trail links open to the public shall be no more than four feet (4') solid or six feet (6') open in height or a combination of both with a maximum of four feet (4') solid portion starting from the top of the walkway, pedestrian path, or activity trail. Fencing located within the front or exterior side yard setback area may not exceed 4' in height. All fencing materials must be located inside the property line, and a landscaping treatment is required for the exterior side of the fence up to the hard surface pathway. This area shall be maintained by the property owner. The landscaping treatment plan is required in conjunction with the fence permit application and shall include a minimum treatment of grass, decorative rock, wood, bark, or any combination of such materials, or similar materials, in a manner that will minimize disturbance by natural elements or pedestrians. Additional landscaping is encouraged. F. All fences in residential zones shall be constructed of material commonly used in residential fence construction, such as wood, masonry, ornamental iron, chain link, and similar material. Fences of synthetic materials that have the functional equivalence of natural or traditional material may be substituted. Fences shall not be made of tires, or similar salvage materials, not originally designed as structural components of fences or buildings G. Electric fences and barbed wire fences shall be prohibited, except in the R-4 Zone where they may be used to contain livestock. Such fences shall not be located within the front yard setback area or along property lines adjacent to other residential and commercial zones and shall be removed when the livestock use has been discontinued. Electric fences shall be posted with permanent signs every fifty feet (50') stating that the fence is electrified. All electric fences and appliances, equipment, and materials used in connection therewith shall be listed or labeled by a qualified testing agency and shall be installed in accordance with manufacturer’s specifications and in compliance with the National Electrical Code. H. Responsibility of Owners and Occupants: 1. It shall be the responsibility of the owner and/or occupant of the property where a fence is erected to maintain the structure in good repair at all times. When a portion of the fence exceeding twenty five percent (25%) of the street frontage is found to be in a deteriorated condition and/or in need of repair, including, but not limited to, broken or missing structural components, and/or the fence is substantially less than perpendicular Moses Lake Council Packet 7-9-19, Page 115 to grade, the Building Official, or his or her authorized agent, may order the fencing to be repaired, replaced or removed depending on the condition of the fence. Such order shall be in writing. If the fencing is ordered to be replaced, then new fencing shall meet the current regulations. 2. The provisions of this section shall not apply to fences, walls, or shrubbery owned or maintained by the city, or to fences constructed or maintained by any other governmental body or agency, for which the principal purpose is inherent to public safety. I. An installation permit shall be required for the construction, erection, or installation of a fence or wall. All permit applications shall be reviewed and approved by the Building Official and the City Engineer for vehicular and pedestrian safety. Fences and walls exceeding six feet (6') in height are regulated by the State Building Code and require a building permit and associated fees. J. Additional information about fences is contained in MLMC 12.28. K. Subdivision Fencing: Border fences or walls not to exceed six feet (6') in height along streets bordering the subdivision and tapering to no higher than three feet (3') at street intersections and/or subdivision entrances may be permitted for new subdivisions under the following conditions: 1. The subdivision must be designed for interior street access to all lots abutting the border street(s). 2. If such a fence is proposed it must be for all or a majority of the arterial street frontage the subject lots abut. Individual fences taller than forty-eight inches (48") on independent lots will not be permitted in the required set back areas. 3. Fences shall be three-dimensional, capped or framed, with twelve inch (12") wide pilasters located a maximum of sixteen feet (16') apart. Pilasters shall be of contrasting materials. The use of durable materials, such as masonry, is strongly encouraged. Masonry columns a minimum of two feet (2') wide may be placed every forty-eight feet (48') maximum if used in place of pilasters. All wood materials must be painted or stained. 4. The fence may be installed along the public right-of-way line provided there is a minimum of five feet (5') of irrigated landscaping between the fence and the street improvements (sidewalk, curb, gutter, street trees). Border fences may not extend into the front yard on corner lots. 5. A five foot (5') width of landscaping is required between the fence and the abutting arterial, except that if the arterial is SR-17 than landscaping must comply with section 18.57.040. Landscaping for all other arterials must include one of the following landscaping options: a. Deciduous trees planted at an average spacing of twenty-five feet (25'), and a mix of evergreen and deciduous shrubs, spaced no further than 4' apart that do not exceed a height of four feet (4'), and non living groundcover; or b. Deciduous trees planted at an average spacing of twenty-five feet (25'), and live groundcover. 6. The type and design of the fence and landscaping shall be reviewed and approved by the Planning Commission, and may be concurrent with the subdivision review process. The review shall include the fence material, landscaping, maintenance and the timing of the installation of fence and landscaping. All applications for subdivision fencing or walls shall be reviewed by the City Engineer for vehicular and pedestrian safety. 7. All landscaping elements, plant materials, and street trees shall be planted or installed by the developer and permanently maintained pursuant to MLMC 18.57.090 by a homeowner’s association. In the absence of a homeowner’s association, (i.e. if it is Moses Lake Council Packet 7-9-19, Page 116 disbanded) landscaping shall be maintained by the individual property owner. 8. A homeowner’s association, or similar organization, is required and shall perpetually maintain the fence and the landscaping. The developer and/or homeowners association shall provide evidence of such perpetual maintenance. The Community Development Director shall approve the evidence of the homeowners’ association, 9. An irrigation system designed for the health of the street trees on arterial streets maintained by the homeowner’s association or individual owner shall be required. (Ord. 2688, 9/19/13; Ord. 2623, 7/26/11; Ord. 2456, 5/12/09; Ord. 2400, 6/10/08; Ord. 2269, 8/8/06) 18.20.130 Residential Density: No more than one (1) single family dwelling unit or one (1) two-family dwelling unit shall be permitted as a principal use on any individual lot except as allowed through the Planned Unit Development process (MLMC 18.67). (Ord. 2144, 12/9/03) 18.20.140 Performance Standards: Uses within the residential zones shall not inflict upon adjacent property smoke, dirt, dust, glare, odors, steam, vibration, noise, electrical interference, or excessive hazard. Noise in the residential zones shall not exceed the standards set forth in Chapter 8.28 of the Moses Lake Municipal Code entitled Noise Control. (Ord. 2144, 12/9/03) 18.20.150 Performance Standards Residential Structures: A. Roof construction shall be of non-reflective materials. B. Wheels and tongue of all manufactured homes not located in manufactured home parks shall be removed. C. All manufactured homes shall be new and previously untitled and shall bear the insignia of approval by the State of Washington or the U. S. Department of Housing and Urban Development indicating compliance with the National Manufactured Housing Construction Safety Standards Act of 1974 (effective June 15, 1976). D. Residential structures shall be constructed with a perimeter masonry or concrete foundation that is in accordance with the State Building Code. E. Residential structures shall have a hard surfaced route from the main entrance of the residence to the street. This route may be directly from the entrance to the street, or may be from the entrance to the driveway. F. All required off-street parking spaces shall be paved. The access route from the street to the parking spaces shall also be paved, unless the street is not improved with paving. H. The front-facing facade of an attached garage shall have articulation from the rest of the facade. This may be provided by a setback, trellis, change in roof line, or other architectural technique approved by the Community Development Director. I. All buildings on the same lot should generally use similar materials and styles to provide a cohesive appearance. They may vary in individual features and accents. (Ord. 2799, 2/23/16; Ord. 2400, 6/10/08; Ord. 2144, 12/9/03) 18.20.160 Keeping of Livestock in the R-4 Zone: A. Large livestock shall be defined as horses, mules, donkeys, burros, cattle, buffalo, sheep, goats, llamas, emus, ostriches and similar animals. B. Small livestock shall be defined as rabbits, guinea pigs, chickens, ducks, geese, turkeys, and other similar fowl. C. Not more than one (1) animal from the large livestock category shall be kept for each twenty thousand (20,000) square feet of area of lot area of the parcel of land upon which the animals are kept, except that three (3) goats or sheep may be considered the equivalent to one (1) Moses Lake Council Packet 7-9-19, Page 117 large livestock. D. Not more than fifteen (15) animals or fowl of the small livestock category shall be kept for each five thousand (5,000) square feet of lot area of the parcel of land upon which the animals are kept. E. Livestock, rabbits, fowl, and bees shall be cared for in such a manner as will not create a nuisance such as noise, odors, air pollution, waste, vibration, traffic, physical hazard, or health hazard. F. The keeping of swine shall be prohibited. G. Pens, barns, stables, coops, corrals, or other structures used for the containment or housing of large livestock, shall not be located closer than one hundred feet (100') to any neighboring residential structure; structures used for the containment of small livestock shall not be located closer than twenty feet (20') from any neighboring residential structure. (Ord. 2144, 12/9/03) Moses Lake Council Packet 7-9-19, Page 118 CHAPTER 18.30 COMMERCIAL ZONES Sections: 18.30.010 Purpose 18.30.020 Additional Requirements 18.30.030 Allowed Uses 18.30.040 Prohibited 18.30.050 Development Standards for Commercial Zones 18.30.060 Performance Standards 18.30.070 Health Requirements 18.30.080 Septic Tanks 18.30.090 State Building Code, State Fire Code, State Mechanical Code, and State Plumbing Code Requirements 18.30.100 Commercial Coaches and Recreational Vehicles 18.30.110 Outside Storage 18.30.120 Fences and Walls 18.30.130 Buffer Strips 18.30.140 Storm Water and Drainage 18.30.150 Ground Floor Windows 18.30.160 Pedestrian Standards (Prior Ordinances - C-1, Central Business District Zone: Ord. 2032, 10/9/01; Ord. 1939, 5/9/00; Ord. 1824, 10/27/98; Ord. 1625, 1994; Ord. 1401, 1989; Ord. 1381, 1989; Ord. 1326, 1988; Ord. 1322, 1988; Ord. 1180, 1985; C-2, General Commercial and Business Zone: Ord. 2033, 11/9/01; Ord. 1990, 11/14/00; Ord. 1905, 12/28/99; Ord. 1830, 11/10/98; Ord. 1825, 10/27/98; Ord. 1626, 1994; Ord. 1481, 1990; Ord. 1402, 1989; Ord. 1382, 1989; Ord. 1364, 1989; Ord. 1327, 1988; Ord. 1323, 1988; Ord. 1181, 1985) 18.30.010 Purpose: The purpose of this chapter is to provide for: A. A well-distributed system of community-based retail, service, neighborhood convenience, and regional-based retail uses; B. Land uses that meet the needs of local residents and attract regional populations; C. Land areas within the city to meet the needs of commercial development. The C-1, Central Business District, Zone is intended to provide for a variety of retail business uses and services and to preserve land for such uses. It is a unique pedestrian-oriented commercial district that is the major retail, office, entertainment, and arts center for the community. Complementary residential uses are encouraged. The C-1A, Transitional Commercial, Zone is intended to be a transition zone between the C-1 and C-2 zones and to provide an area for future expansion of the C-1 zone. The C-2, General Commercial and Business, Zone is intended to provide for the general commercial and business activity of the city and to preserve land for such uses. It is intended to complement the downtown and help meet the other community needs, as well as provide an area for large scale shopping centers and other uses oriented to vehicle traffic. The NC, Neighborhood Commercial, Zone provides for small-scale shopping areas that offer convenience goods and personal services for the daily needs of nearby neighborhoods. This zoning district is designed to reduce trips by providing convenient shopping. The allowed uses serve the neighborhood. Uses that tend to draw traffic into the neighborhood are not allowed. (Ord. 2781, 9/8/15; Ord. 2144, 12/9/03) 18.30.020 Additional Requirements: Additional requirements are found in other chapters of the Municipal Code and other adopted City regulations, including but not limited to the following: Moses Lake Council Packet 7-9-19, Page 119 A. MLMC 18.10, Citywide Regulations B. MLMC 18.31, Additional Requirements in the Neighborhood Commercial Zone C. MLMC 18.45, Conservation and Reclamation Zone D. MLMC 18.49, Site Plan Review E. MLMC 18.51, Conditional and Unmentioned Uses F. MLMC 18.53, Flood Hazard Areas G. MLMC 18.54, Off-Street Parking and Loading H. MLMC 18.57, Landscaping I. MLMC 18.58, Signs J. MLMC 18.78, Personal Wireless Service Facilities K. MLMC 19.03, Classification and Designation of Resource Lands and Critical Areas and Regulations for the Conservation and Protection of Resource Lands and Critical Areas L. MLMC 19.06, Classification and Designation of Wetlands and Regulations for the Conservation and Protection of Wetlands M. City of Moses Lake Shoreline Master Program (Ord. 2144, 12/9/03) 18.30.030 Allowed Uses: A. The Commercial Land Uses table indicates where categories of land uses may be permitted and whether those uses are allowed outright or by conditional use permit. Only commercial zones are included in this table. Land uses not listed are prohibited unless allowed through the process specified in MLMC 18.30.030.D. Further interpretation of these zones may be obtained as specified in MLMC 20.03.020.B. Land uses are also subject to any footnotes contained within this chapter. B. The symbols used in the table represent the following: 1. An “A” in a table cell indicates that the use is allowed subject to the applicable standards in this code in the zone listed at the top of the table. 2. A “C” in a table cell indicates that the use is allowed by conditional use permit, subject to the conditional use provisions in MLMC 18.51 and any additional standards specified. 3. An “X” in a table cell indicates the use is not allowed in the zone listed at the top of the table. C. Procedural requirements for permits are described in MLMC Title 20. D. Uses similar to those listed may be established as allowed or conditionally allowed through the interpretation procedures in MLMC 20.03.020.B. In determining whether a use should be permitted, the Community Development Director shall refer to the purpose statements found in 18.30.010 and the 1987 latest version of the North American Industry Classification System Standard Industrial Classification Manual. Moses Lake Council Packet 7-9-19, Page 120 LAND USES IN COMMERCIAL ZONES USE CATEGORIES C-1 C-2 C-1A NC1 Retail Retail uses (other than those listed below) A A A A1 Food stores A A A A2 Eating and drinking places A A A A3 Drinking places A A A C4 Open sales lots in conjunction with the principal use which must be in an enclosed adjoining building5 X A A X Daily outdoor merchandise display6 A A A A Sidewalk sales A A A A Christmas tree sales, non-profit organization sales or activities associated with a seasonal event7 A A A A Vehicle sales lot8 X A A X Gasoline stations9 C A A C10 Drive thru for a permitted use C A A X C Wholesale Wholesale use as an accessory use to a permitted retail use A A A X Wholesale use when not associated with a retail use X A A X Services Service uses (other than those listed below) A A A A11 Professional Offices, other than medical/dental/psychiatric A A A A12 Medical/dental/psychiatric office or clinic C A A X C12 Hospitals X C C X Clubs, lodges, assembly halls A A A X Lodging and assembly A A A X Recreational Vehicle Parks (in compliance with MLMC 18.71) X C C X Banking and financial services A A A X C12 Repair and maintenance, including vehicles and appliances13 C A A X Child care, day care A A A A Veterinarian, small animals (pets) C14 C C X Veterinarian, large animals (livestock) X X X X Moses Lake Council Packet 7-9-19, Page 121 LAND USES IN COMMERCIAL ZONES USE CATEGORIES C-1 C-2 C-1A NC1 Animal boarding X C C X Drive thru for a permitted use C A A X Adult entertainment facilities, in compliance with MLMC 18.73 X A X X Cultural, recreational, and entertainment uses A A A A1 Cryptocurrency Mining, in compliance with MLMC 18.74 A A A X Data Centers/Server Farms, in compliance with MLMC 18.74 A A A X Transportation, Communication, and Utilities Wireless communication facilities, in compliance with MLMC 18.78 A A A X Local utilities, below ground A A A A Local utilities, above ground C C C C Regional utilities C C C X Private or public passenger transportation systems15 A A A A Airports, landing strips, and air transportation facilities X C X X Heliports C C C X Industrial and Storage On-site hazardous waste treatment and storage facilities16 C C C C Off-site hazardous waste treatment and storage facilities X X X X Wrecking yards, salvage yards, or junk yards X X X X Light manufacturing when subordinate to a retail sales outlet and contained in a building A A A X Storage, warehousing, and distribution, not associated with a retail business X A A X Construction site storage in sea-going containers or semi-trailers17 A A A A Permanent storage in cargo container, in compliance with MLMC 18.76 X C C X Temporary storage in cargo container, in compliance with MLMC 18.76 X C C X Outside storage in conjunction with a principal use which is in an enclosed adjoining building X A A X Public and Institutional Moses Lake Council Packet 7-9-19, Page 122 LAND USES IN COMMERCIAL ZONES USE CATEGORIES C-1 C-2 C-1A NC1 Park, playground, athletic field, other non-commercial recreation A A A X Outdoor recreational, entertainment, or amusement facilities A A A A1 Festivals or other outdoor celebrations A A A A Schools, public and private C C C C Churches C C A C C18 Libraries A A A C Residential Manufactured or mobile home park X X X X Occupancy of trailers or recreational vehicles (except in an RV park) X X X X Residential use in conjunction with a commercial structure A19 C C19 A20 Multi-family residential use, not in conjunction with a commercial structure C21 C C21 X Assisted Living Facility X C C X Adult Family Home22 in an existing residence A A A A Family Day Care Home23 in an existing residence A A A A Residential uses in a basement or upper story A A A A Miscellaneous Accessory use appurtenant to any primary use and not otherwise prohibited A A A A Removal of soil or other natural materials for the purpose of sale or use as fill material24 X X X X Keeping of livestock, poultry, rabbits, or bees X X X X Footnotes for Table 1 1. All uses in the NC Zone are limited to those selling products and providing services to the immediate neighborhood without attracting a significant number of patrons from outside the neighborhood. No single use shall exceed ten thousand (10,000) square feet. Uses that have outdoor sales require a conditional use permit. Drive thru not allowed. 2. Limited to ten thousand (10,000) square feet of gross floor area. 3. Includes establishments that serve liquor with meals. Limited to five thousand (5,000) square feet of gross floor area. Drive thru not allowed. 4. Limited to five thousand (5,000) square feet of gross floor area. 5. Provided display is on private property and does not interfere with parking, traffic, or pedestrian movement. Moses Lake Council Packet 7-9-19, Page 123 6. Daily open merchandise display is permitted on private property when conducted in conjunction with the principal operation which is in an enclosed adjoining building provided that such merchandise is taken in and stored in an enclosed building at the close of each business day and that the display shall not interfere with parking, traffic, or pedestrian movement. 7. The listed outdoor temporary/seasonal uses are permitted outright not to exceed thirty (30) days in duration. Temporary structures associated with the listed uses are permitted and shall be exempt from the requirement for compliance with the State Building Code. The siting of temporary structures shall be approved by the Building Official. 8. All areas where vehicles are stored must be improved with hard surface paving. A street frontage buffer as specified in MLMC 18.57.040.A is required, even if landscaping is not otherwise required. Loudspeakers are prohibited. 9 Gas pumps shall be set back twenty-five feet (25') from property lines 10. Sales of tires, batteries, or other automobile parts is prohibited. Repair work is prohibited. 11. Limited to establishments selling products and providing services to the immediate neighborhood without attracting a significant number of patrons from outside the neighborhood. In the personal services category (SIC 72), funeral homes, crematories, and related uses; tattoo parlors, and Turkish baths are prohibited. No single use shall exceed ten thousand (10,000) square feet and office uses are limited to two thousand (2,000) square feet. 12. Limited to two thousand (2,000) square feet. Engineering, accounting, research, management, and related services (SIC 87) is not allowed. 13. In the C-1 and C-1A Zones, repair and maintenance, where allowed, shall take place entirely within an enclosed building. 14. No outdoor boarding allowed. 15. A bus garage or similar facility is allowed only in the C-2 Zone. 16. In compliance with the performance standards of the State of Washington siting criteria for on-site hazardous waste treatment and storage facilities and the requirements of this chapter; provided that, on-site hazardous waste treatment and storage facilities are accessory to and subordinate to a primary use which is a generator of hazardous waste. On-site means generated on the same, geographically contiguous, or bordering property. 17. Construction storage facilities may be located ten (10) days prior to start of construction and shall be removed within ten (10) days of finish of construction. Start of construction shall be defined as ten (10) days prior to the physical presence of construction activity on the site for which a building permit has been issued. Finish of construction shall be defined as the date of issuance of a Certificate of Occupancy. 18. Allowed only as a subordinate use. 19. Existing residential uses may remain. For new residential uses, at least 50% of the ground floor area must be designated for retail, service, public, or commercial uses except that properties that front on Third Avenue may not use any of the ground floor area for residential uses. Off-street parking for residential tenants must be provided, in compliance with MLMC 18.54. 20. When located adjacent to a residential zone, the allowed residential density is the same as the adjoining residential zone. See MLMC 18.31.050. 21. In the C-1 and C-1A Zones, multi-family use is not allowed for properties that front on 3rd Avenue. Moses Lake Council Packet 7-9-19, Page 124 22. Adult family homes shall be licensed by the Department of Social and Health Services, and a city business license shall be required. 23. Family day care homes shall be licensed by the State of Washington Department of Social and Health Services Early Learning and shall operate in compliance with the licensed capacity requirements for family day care homes. Certification by the office of child care policy licensor as providing a safe passenger loading area, and a city business license shall be required. The building and lot shall comply with all building, fire, safety, and health code requirements, and shall conform to the lot size, building size, setbacks, and lot coverage standards of the zone, except for legal nonconforming structures. 24. Excavation for the purpose of on-site construction or landscaping is permitted. This material may be sold or used as fill. (Ord. 2781, 9/8/15; Ord. 2457, 5/12/09; Ord. 2144, 12/9/03) 18.30.040 Prohibited: The following are prohibited in commercial zones: A. Collection or dumping of any junk, scrap, garbage, unsightly material, litter, or debris except as may be contained in an approved garbage collection container. B. Collection or dumping of dismantled, partly dismantled, or wrecked vehicles, trailers, machinery, or their parts. C. Any use which does not or is not capable of conforming with the requirements of this chapter. (Ord. 2781, 9/8/15; Ord. 2144, 12/9/03) 18.30.050 Development Standards for Commercial Zones: A. Purpose. This section establishes the development standards and site requirements for uses in the commercial zones. The standards and rules are established to provide flexibility in project design, prevent fire danger, provide adequate access and circulation, reduce incompatibilities, and prevent overloading of infrastructure due to the impacts of development. B. Explanation of Table. Development standards are listed down the left column of the table and the commercial zones are identified across the top row. The matrix cells contain the requirements of each zone. The footnotes identify particular requirements applicable to a specific use, standard, or zone. Additional requirements for the NC zone are found in MLMC chapter 18.31. TABLE 2: DEVELOPMENT STANDARDS IN COMMERCIAL ZONES Development Standards C-1 C-2 C-1A NC Minimum lot size NR NR NR See MLMC 18.31.020 Maximum lot size NR1 NR NR1 3 acres Maximum building height 4 stories or 62' 100’? 2 4 stories or 62' 100’? 2 4 stories or 62' 100’? 2 See MLMC 18.31.040 Minimum Front yard setback3 NR 15' NR See MLMC 18.31.030.A Maximum front setback 0' 4 NR NR See MLMC 18.31.030.A Exterior side yard setback3 NR 15' 0' See MLMC 18.31.030.B Moses Lake Council Packet 7-9-19, Page 125 TABLE 2: DEVELOPMENT STANDARDS IN COMMERCIAL ZONES Development Standards C-1 C-2 C-1A NC Interior side yard setback3 NR NR NR See MLMC 18.31.030.B Rear yard setback3 NR NR NR See MLMC 18.31.030.C Landscaping required (MLMC 18.57) New parking lots only Yes New parking lots only Yes. Additional requirements at MLMC 18.31.060 Buffer requirements NR MLMC 18.30.130 MLMC 18.57 18.30.130 NR MLMC 18.30.130 MLMC 18.30.130 and 18.31.060 Signage MLMC 18.58 MLMC 18.58 MLMC 18.58 MLMC 18.58 and 18.31.090 Outside storage allowed No MLMC 18.30.110 MLMC 18.30.110 No Fencing requirements MLMC 18.30.120 MLMC 18.30.120 MLMC 18.30.120 MLMC 18.30.120 and 18.31.060 Parking required (MLMC 18.54) For residential only Yes For residential and lodging only Yes Ground floor window standards MLMC 18.30.150 NR MLMC 18.30.150 MLMC 18.30.150 Pedestrian requirements NR MLMC 18.30.160 NR MLMC 18.30.160 NR= No Requirement for the zone. Other regulations may apply. Footnotes for Table 2 1. No maximum lot size; however, any use over two (2) acres requires Planning Commission approval as a conditional use. 2. The Planning Commission may allow buildings or structures to be erected to an additional height after a public hearing and examination of the location and upon due proof to the satisfaction of the Commission that the additional height will not be detrimental. 3. Setbacks: A. Within the setback area shown on Table 2, no building or structure (as defined in 18.06.610) shall be allowed, except flagpoles, street furniture, transit shelters, signage, fencing, slope stability structures, and improvements less than thirty inches (30") above grade, including decks, patios, walks, and driveways. Some of these structures and improvements require a permit. Eaves, cornices, and awnings may project into the required setback no more than two feet (2'). B. The setbacks shown in the table are zoning setbacks. Larger setbacks may be required by the State Building Code, State Fire Code, sight distance requirements, or landscaping requirements (MLMC 18.57). 4. Portions of the building may be set back further than the maximum setback to allow for Moses Lake Council Packet 7-9-19, Page 126 features that encourage pedestrian use and activity along the street, such as building modulation, pedestrian plazas or courtyards, covered or recessed entryways, commercial uses or displays (such as vendors, newsstands, or cafes), public art (such as water features or sculptures), or seating and/or planter areas. (Ord. 2781, 9/8/15; Ord. 2599, 12/28/10; Ord. 2457, 5/12/09; Ord. 2144, 12/9/03) 18.30.060 Performance Standards: Uses within the commercial zones shall not inflict upon adjacent property smoke, dust, dirt, glare, odors, steam, vibration, electrical interference, excessive hazard or noise which exceeds the maximum permissible limits as herein defined. A. Air Quality: Emissions from combustion and incineration, emissions from sources emitting hazardous air pollutants, and emissions of suspended particles or fugitive dust shall not exceed the standards set forth in Chapter 173-400 WAC, General Regulations for Air Pollution. Where such emissions could be produced as a result of accident or equipment malfunction, safeguards standard for safe operation in the industry shall be taken. Polluted air streams shall be treated with the best available control technology. B. Heat, Glare, and Humidity (Steam): Any activity producing humidity in the form of steam or moist air, or producing heat or glare shall be carried on in such a manner that the heat, glare, or humidity is not perceptible at or beyond the property line. Artificial lighting shall be hooded or shaded so that direct light of high intensity lamps will not result in objectionable glare. C. Odors: Any use producing odors shall implement best available practices and use best available technology be carried on in such a manner so that offensive or obnoxious odor shall not be perceptible to a person of normal sensitivity at or beyond the property line. D. Vibration: Every use shall be so operated that the ground vibration inherently and recurrently generated from equipment other than vehicles is not perceptible without instruments at any point beyond the property line. E. Electromagnetic Interference: Electric fields and magnetic fields shall not be created that adversely affect the public health, safety, and welfare, including but not limited to interference with the normal operation of equipment or instruments or normal radio, telephone, or television reception from off the premises where the activity is conducted. This section does not apply to telecommunication facilities which are regulated by the FCC under the Federal Telecommunication Act of 1996 or its successor. F. Noise: Noise within the Commercial Zones must not exceed the maximum permissible noise levels set forth in WAC 173-60-040 and this chapter as measured at the property line of the noise source. Maximum Permissible Environmental Noise Levels Noise Source Property Receiving Noise by Zone Residential Commercial Industrial Commercial Zone 57 dBA* 60 dBA 65 dBA *Between the hours of 10 p.m. and 7 a.m., the noise limitations of the foregoing table shall be reduced by ten (10) dBA for residential receiving property. At any time of the day or night the applicable noise limitations may be exceeded for any receiving property by no more than: 1. 5 dBA for a total of fifteen (15) minutes in any one hour period. 2. 10 dBA for a total of five (5) minutes in any one hour period. 3. 15 dBA for a total of one and a half (1.5) minutes in any one hour period. Moses Lake Council Packet 7-9-19, Page 127 Exemptions to the maximum permissible noise level cited in this chapter shall be as enumerated in WAC 173-60-050, Maximum Environmental Noise Levels Exemptions. G. Fire and Explosive Hazard: The manufacture, use, processing, or storage of flammable liquids, gases, or solids shall be in compliance with the State Fire Code, the State Building Code, National Fire Protection Association standards, and any other state or nationally recognized standards that may apply to the particular use, building, or process. (Ord. 2457, 5/12/09; Ord. 2144, 12/9/03) 18.30.070 Health Regulations: All uses must be in compliance with all current health regulations. (Ord. 2144, 12/9/03) 18.30.080 Septic Tanks: A commercial use not on city sanitary sewer is allowed only by conditional use permit and only in the C-2 zone. (Ord. 2144, 12/9/03) 18.30.090 State Building Code, State Fire Code, State Mechanical Code, and State Plumbing Code Requirements: All uses in the commercial zones must be in compliance with the applicable requirements of the State Building Code, the State Fire Code, the State Mechanical Code, and the State Plumbing Code except as may be provided in this chapter. (Ord. 2457, 5/12/09; Ord. 2144, 12/9/03) 18.30.100 Commercial Coaches and Recreational Vehicles: Other than a recreational vehicle in a recreational vehicle park, the only allowed use of a commercial coach or recreational vehicle is as a temporary office for a period of time not to exceed one hundred twenty (120) days in duration in specific instances where a permanent structure housing an existing licensed business has been destroyed or damaged to the extent that it is rendered unusable. The siting of temporary structures shall be approved by the Building Official and shall not require site plan review in conformance with MLMC 18.49. Temporary structures shall maintain a twenty foot (20') separation from property lines and/or other buildings or structures. (Ord. 2144, 12/9/03) 18.30.110 Outside Storage: Outside storage is permitted in the C-1A and C-2 Zone when conducted in conjunction with the principal use which is in an enclosed adjoining building. Screening may be required by the Planning Commission as part of site plan review. Outside storage is prohibited in the other commercial zones. (Ord. 2781, 9/8/15; ord. 2144, 12/9/03) 18.30.120 Fences and Walls: Fences and walls not exceeding eight feet (8') in height may be permitted subject to the requirements of this section. All fences and walls will require a fence permit to be issued by the Building Official prior to construction or installation. Electric and barbed wire fences are prohibited, except that security fences containing barbed wire may be permitted subject to review by the Building Official regarding the safety of such a fence. All applications for permits to construct or install fences or walls shall be reviewed by the Building Official and City Engineer for vehicular and pedestrian safety. Additional information about fences is contained in MLMC 12.28. (Ord. 2144, 12/9/03) 18.30.130 Buffer Strips: Site plan review by the Planning Commission will be required for any contiguous commercial and residential development. Buffer strips, in addition to the perimeter landscaping requirements in Chapter 18.57, may be required by the Planning Commission to separate developed contiguous commercial and residential uses from each other in order to eliminate nuisances. The Planning Commission may allow or require screening fences, walls, plantings, or berms or any combination thereof. (Ord. 2144, 12/9/03) [Site plan review no longer required] 18.30.140 Storm Water and Drainage: A. Each use shall provide for approved on-site or off-site detention or control of excess storm water run off or drainage resulting from the use. No use shall cause down stream property owners to receive storm water run off at a higher peak flow than would have resulted from the same event had the use or improvement not been present. B. Storm water run off or drainage shall be controlled and contained on-site except where adequate off-site storm drainage systems are available. Storm water run off and/or drainage resulting from a use must be controlled so that water will not flow on to a public sidewalk or Moses Lake Council Packet 7-9-19, Page 128 on to adjacent property. Drainage into city storm sewer or onto a city street must be approved by the City Engineer. (Ord. 2144, 12/9/03) 18.30.150 Ground Floor Windows: A. Purpose: In pedestrian-oriented commercial areas, blank walls on the ground level of buildings are limited in order to: 1. Provide a pleasant, rich, and diverse pedestrian experience by connecting activities occurring within a structure to adjacent sidewalk area. 2. Encourage compatible design between residential and commercial uses. 3. Encourage surveillance/security opportunities by restricting fortress-like facades at street level. 4. Avoid a monotonous pedestrian environment. B. Required Amount of Window Area: 1. Where ground floor window standards are required, exterior walls on the ground floor that are within thirty feet (30') of a street lot line shall meet the general window standard below. However, on corner lots, the general standard needs to be met on only one (1) street frontage. On the other street, the requirement is one half (½) the general standard. The general standard shall be met on the street that has the highest classification on the Comprehensive Plan’s Existing Arterial Function Classification and Street Plan, Map TE-1 or its successor. If the streets have the same classification, the applicant may choose on which street to meet the general standard. 2. General Standard: The windows shall be at least forty percent (40%) of the length and twenty percent (20%) of the ground level wall area. Ground level wall area includes all exterior walls up to nine feet (9') above finished grade. The requirement does not apply to walls of residential units or to parking structures when set back at least five feet (5') and landscaped consistent with MLMC 18.57 in the C-1 and C-1A zone or 18.31.060 in the NC zone. 3. Qualifying Window Features: Required window areas shall be either windows that allow views into working areas or lobbies, pedestrian entrances, or display windows set into the wall. Doors and display cases attached to the outside wall do not qualify. The bottom of the windows shall be no more than four feet (4') above the adjacent exterior grade. 4. The applicant may submit a ground floor window plan that differs from the specific criteria set forth in this section, except that the amount of window area may not be less than the amount required in this chapter. The applicant shall clearly and in detail state what adjustments of requirements are being requested and the reasons that such adjustments are warranted. The request shall be accompanied by supplemental data, such as sketches and statistical information, that is necessary to support the adjustment. The Planning Commission may approve, modify, or deny the requested adjustment. In approving the alteration request, the Planning Commission shall make the following findings: a. The alteration would be in keeping with and preserve the intent of the zone; and b. The alteration would not be contrary to the public interest. (Ord. 2144, 12/9/03) 18.30.160 Pedestrian Standards: A. Purpose: The pedestrian standards encourage a safe, attractive, and usable pedestrian circulation system in all developments. They ensure a direct pedestrian connection between the street and buildings on the site, and between buildings and other activities within the site. In addition, they provide for connections between adjacent sites, where feasible. Moses Lake Council Packet 7-9-19, Page 129 B. Standards: The standards of 18.30.160 apply to all development in the C-2 and NC zones. An on-site pedestrian circulation system shall be provided. The system shall meet all standards of this section. C. Required Connections: 1. Connection to the Street: The system shall connect all adjacent streets to the main entrance. One (1) of the connections should be no longer than the straight-line distance from the entrance to the closest sidewalk. It may not be more than twenty feet (20') longer or one hundred twenty percent (120%) of the straight-line distance, whichever is less. 2. Connection to Neighboring Uses: The system shall connect to all adjacent properties. The connections shall extend to the property line and connect to paths or sidewalks on neighboring properties or to the likely location of connections on those properties. When no connections exist on a neighboring property and extending a connection would create a safety hazard or it is not possible to determine the likely location of future connections on that property, the City of Moses Lake may enter into a legally binding agreement with the owner of the property being developed to construct the connection to the neighboring use when the property on which the use is located develops or redevelops. This agreement shall run with the land and be recorded in Grant County’s real property records. 3. Internal Connections: The system shall connect all buildings on the site and provide connections to other areas of the site, such as parking areas, bicycle parking, recreational areas, common outdoor areas, and any pedestrian amenities. D. Materials: 1. The circulation system shall be paved and be at least five (5') wide. 2. Where the system crosses driveways, parking areas, and loading areas, the system shall be clearly identifiable through the use of elevation changes, speed bumps, a different paving material, or other equally effective methods. Striping does not meet this requirement. 3. Where the system is parallel and adjacent to an auto travel lane, the system shall be a raised path or be separated from the auto travel lane by a raised curb, bollards, landscaping, or another physical barrier. If a raised path is used, the ends of the raised portions shall be equipped with curb ramps. E. Lighting: The on-site pedestrian circulation system shall be lighted to an intensity where the system can be used at night by employees, residents, and customers. Lighting should be at a height appropriate for a pedestrian pathway system. (Ord. 2144, 12/9/03) Moses Lake Council Packet 7-9-19, Page 130 CHAPTER 18.40 INDUSTRIAL ZONES Sections: 18.40.010 Purpose 18.40.020 Additional Requirements 18.40.030 Allowed Uses 18.40.040 Prohibited 18.40.050 Development Standards for Industrial Zones 18.40.060 Performance Standards 18.40.070 Containment Within a Building: In the L-I and MLIP Zones 18.40.080 Commercial Coach 18.40.090 Temporary Structures 18.40.100 State Building Code, State Fire Code, State Mechanical Code, and State Plumbing Code Requirements 18.40.110 Storage Areas 18.40.120 Fences and Walls 18.40.130 Buffer Strips 18.40.140 Storm Water and Drainage (Prior Code - L-I, Light Industrial Zone: Ord. 1940, 5/9/00; Ord. 1403, 1989; Ord. 1383, 1989; Ord. 1328, 1988; Ord. 1082, 1982; M-I, Medium Industrial Zone: Ord. 1941, 5/9/00; Ord. 1404, 1989; Ord. 1384, 1989; Ord. 1329, 1988; Ord. 1083, 1982; H-I, Heavy Industrial Zone: Ord. 1942, 5/9/00; Ord. 1405, 1989; Ord. 1385, 1989; Ord. 1330, 1988; Ord. 1084, 1982) 18.40.010 Purpose: The purpose of this chapter is to provide for: A. Business and manufacturing employment opportunities for existing residents of the city and those in the adjacent area; B. A variety of industrial uses, in limited and appropriate areas, to accommodate existing and new industries and minimize adverse impacts to the environment and surrounding uses; C. Protection of residential and other uses from adverse impacts from manufacturing and industrial uses; D. Protection of industrial areas from other uses that may interfere with the purpose and efficient operation of those areas. The Moses Lake Industrial Park (MLIP) Zone is intended to accommodate small scale light industrial uses such as contractor shops, vehicle repair, storage, and distribution. The Light Industrial (L-I) Zone is intended to accommodate a variety of light industrial uses including but not limited to manufacturing, warehousing, distribution operations, processing and fabricating, and to preserve land for such use. Except that the Light Industrial zoned property within one thousand feet (1,000') of West Broadway or Marina shall provide areas for all types of service and commercial establishments in addition to light industrial uses. The Heavy Industrial (H-I) Zone is intended to accommodate heavy industrial uses and to preserve land for such uses at locations that will permit less restrictive industrial performance standards and bulk regulations than are required in the L-I Zone, thereby providing greater flexibility to accommodate a variety of heavy industrial uses including but not limited to manufacturing, fabricating, processing, warehousing, distribution operations, and assembly. (Ord. 2216, 7/26/05; Ord. 2144, 12/9/03) 18.40.020 Additional Requirements: Additional requirements are found in other chapters of the Municipal Code and other adopted city regulations, including but not limited to the following: A. MLMC 18.10, Citywide Regulations Moses Lake Council Packet 7-9-19, Page 131 B. MLMC 18.45, Conservation and Reclamation Zone C. MLMC 18.49, Site Plan Review D. MLMC 18.51, Conditional and Unmentioned Uses E. MLMC 18.53, Flood Hazard Areas F. MLMC 18.54, Off-Street Parking and Loading G. MLMC 18.57, Landscaping H. MLMC 18.58, Signs I. MLMC 19.03, Classification and Designation of Resource Lands and Critical Areas and Regulations for the Conservation and Protection of Resource Lands and Critical Areas J. MLMC 19.06, Classification and Designation of Wetlands and Regulations for the Conservation and Protection of Wetlands K. City of Moses Lake Shoreline Master Program (Ord. 2459, 5/12/09; Ord. 2144, 12/9/03) 18.40.030 Allowed Uses: A. The Industrial Land Uses table indicates where categories of land uses may be permitted and whether those uses are allowed outright or by conditional use permit. Only industrial zones are included in this table. Land uses not listed are prohibited unless allowed through the process specified in MLMC 18.40.030.E. Further interpretation of these zones may be obtained as specified in MLMC 20.03.020.B. Land uses are also subject to any footnotes contained within this chapter. B. The uses are arranged in three (3) categories. There are primary uses, those uses the industrial zones were designed to accommodate; accessory uses; and other uses that are compatible with or support the primary uses, or are not appropriate for other zones because of impacts. C. The symbols used in the table represent the following: 1. An “A” in a table cell indicates that the use is allowed subject to the applicable standards in this code in the zone listed at the top of the table. 2. A “C” in a table cell indicates that the use is allowed by conditional use permit, subject to the conditional use provisions in MLMC 18.51 and any additional standards specified. 3. An “X” in a table cell indicates the use is not allowed in the zone listed at the top of the table. D. Procedural requirements for permits are described in MLMC Title 20. E. Uses similar to those listed may be established as allowed or conditionally allowed through the interpretation procedures in MLMC 20.03.020.B. In determining whether a use should be permitted, the Community Development Director shall refer to the purpose statements found in 18.40.010 and the 1987 latest version of the North American Industry Classification System Standard Industrial Classification Manual. TABLE 1: LAND USES IN INDUSTRIAL ZONES USE CATEGORIES MLIP L-I H-I Primary uses Assembly of parts A A C Moses Lake Council Packet 7-9-19, Page 132 TABLE 1: LAND USES IN INDUSTRIAL ZONES USE CATEGORIES MLIP L-I H-I Bus barns and maintenance facilities C A X Hazardous waste treatment and storage, from off-site X X C Hazardous waste treatment and storage, generated on-site1 A A A Machine shop A A A Manufacturing, processing, or packaging of products using raw materials C C C Manufacturing, processing, or packaging of previously prepared materials2 A A A Manufacturing, processing, or packaging of food products, excluding meat products, seafood products, distilling, fermenting, canning, slaughtering, rendering, curing, and tanning C A A Manufacturing, processing, or packaging of food products such as meat products, seafood products, distilling, fermenting, and canning. Excludes slaughtering, rendering, curing, and tanning X C A Slaughtering, rendering, curing, and tanning X X C Outside storage as a primary use3 X A A Printing, publishing, and allied products manufacturing including such processes as lithography, etching, engraving, binding, and blueprinting A A A Recycling collection site and recycling facilities C A A Solid waste processing facilities X X C Storage, warehousing, and distribution facilities A A A Technological uses such as scientific research, testing and experimental development laboratories C A A Transportation services such as freight consolidation, shipping documents preparation, rental of railroad cars, packing and crating A A A Uses that serve the agricultural industry, such as feed and seed stores, farm equipment repair and sales, and agricultural services such as soil preparation services, lawn care services, potato curing, seed cleaning, and sorting, grading, packing, and packaging of fruits and vegetables A A A Welding or metal fabrication A A A Wrecking yards, salvage yards, or junk yards X A A Accessory Uses Accessory use appurtenant to any primary use and not otherwise prohibited A A A Construction site storage in cargo containers or semi-trailers4 A A A Day care, primarily for children of on-site employees or customers C A A Dwelling unit for on-site security or maintenance personnel and family5 C A A Offices related to permitted uses conducted on the same site A A A Moses Lake Council Packet 7-9-19, Page 133 TABLE 1: LAND USES IN INDUSTRIAL ZONES USE CATEGORIES MLIP L-I H-I Storage in cargo container, in compliance with MLMC 18.76 C C C Other allowed uses Animal shelter, kennel, or veterinary clinic with outdoor boarding of animals or care of livestock C A C Building material or lumber yard, retail or wholesale X A X Commercial and service uses that are permitted in the C-2 Zone shall be allowed within 1,000' of West Broadway or Marina X A or C6 X Commercial recreation requiring large land area and/or generating noise, such as go-carts, target shooting, race tracks, etc X C C Contractors establishments, including offices, shops, and storage yards A A X Equipment shelter10 X X A Government or public facilities compatible with the intent of the zone, such as maintenance shops, substations, well houses, lift stations, local and regional utilities A A A Industrial laundry or dry cleaning plant C A A Mini-storage A A X Nurseries and greenhouses for the growing and sale of plants A7 A X Power generating facilities X C A Public park A A A Repair and service of vehicles and equipment A A X Retail and wholesale sales of goods or products manufactured on site, or utilized in manufacturing, repairing, or servicing activities which are permitted in the zone A A A Sales or service use, which primarily serve the needs of the industrial district or its employees without attracting a significant number of patrons from outside the district, are compatible with the permitted types of industrial uses, and will not interfere with the orderly development of the industrial area, including but not limited to the following examples: 1. Sale and rental of electronic equipment, forklifts, heavy equipment, trucks, and office equipment 2. Services: dry cleaner, barber shop, shoe repair, sandwich shop, restaurant, espresso stand, vehicle wash, gas station, convenience store. These uses must be located on an arterial street or within 1000’ of similar types of uses.8 3. Professional and business services, such as engineering, mailing, copying, fumigating, servicing of fire extinguishers, sign painting and lettering 4. Other retail and service uses within the same structure as a permitted manufacturing, warehousing, distribution, or office use and occupying no more than 20% of the floor area, unless a larger area is approved by the Planning Commission A A C Storage buildings for private use A X X Moses Lake Council Packet 7-9-19, Page 134 TABLE 1: LAND USES IN INDUSTRIAL ZONES USE CATEGORIES MLIP L-I H-I Surface mining, including extraction from deposits of rock, gravel, sand, earth, and minerals, along with rock crushing and related accessory activities.9 X X C Towing services or vehicle impound yards A A A Wireless communication facility, in compliance with MLMC 18.78 A A A Cryptocurrency Mining, in compliance with MLMC 18.74 A A A Data Centers/Server Farms, in compliance with MLMC 18.74 A A A Footnotes for Table 1 1. In compliance with the performance standards of the State of Washington siting criteria for on-site hazardous waste treatment and storage facilities and the requirements of this chapter; provided that, on-site hazardous waste treatment and storage facilities are accessory to and subordinate to a primary use which is a generator of hazardous waste. On-site means generated on the same, geographically contiguous, or bordering property. 2. Previously prepared materials are those which have been subjected to a process of dilution, blending, separation, waste extraction, refinement, or similar process so that further preparation, treatment, or processing does not generate raw refuse matter in quantity or form which would preclude prompt and effective removal of such matter from the site. 3. Other than contractors yards. 4. Construction storage facilities may be located ten (10) days prior to start of construction and shall be removed within ten (10) days of finish of construction. Start of construction shall be defined as ten (10) days prior to the physical presence of construction activity on the site for which a building permit has been issued. Finish of construction shall be defined as the date of issuance of a Certificate of Occupancy. 5. The sole purpose of the dwelling is to furnish housing for an employee, including family, engaged in on-site security or maintenance. Only one such residence is allowed per site. 6. Allowed if allowed in the C-2 and conditional use if a conditional use in the C-2. 7. Wholesale sales only. 8. In the H-I Zone these uses shall not exceed one thousand (1,000) square feet in total per lot area. 9. The submission requirements of a conditional use permit for surface mining, rock crushing, and related accessory activities shall include the following information: A. Vicinity Map. General vicinity map of the proposed area. B. Topography and site map. Property limits and accurate contours of existing ground details of terrain and area drainage as well as the boundaries and dimensions of the site. C. Grading Plan. Dimensions, elevations or finished contours to be achieved by the grading, proposed drainage channels, and related construction. D. Storm Drainage and Erosion Control Plan. A conceptual storm drainage and erosion control plan shall be submitted with each application and shall be approved by the City prior to the mining permit being approved. A final storm drainage and erosion control plan must be approved prior to any materials being removed. The plan must also address the continued maintenance and operation of the storm drainage and erosion control Moses Lake Council Packet 7-9-19, Page 135 system, and, if determined necessary by the city, a performance bond or similar financial guarantee shall also be provided to guarantee the maintenance and operation of the system. E. Location of development. Location of any crushers, sorters, scales, buildings, or structures on the property where the work is to be performed, and the location of any buildings or structures on land of adjacent property owners which are within 50' of the property, or which may be affected by the proposed operation. F. Dust Control. A dust control plan shall be submitted which shows how dust or other particulate matter will be controlled within the mining site and on the public streets. Reasonable precautions shall be taken with storage, transportation, processing, roadways and other open areas so as to prevent dust or other particulate matter from becoming airborne. G. Department of Natural Resources Permit. Prior to a surface mining operations permit being applied for the owner/operator shall submit evidence from the State of Washington Department of Natural Resources that the state considers the proposal as a surface mine and will require a permit and reclamation plan. H. A written statement describing how the proposal meets the requirements of MLMC 18.51.010, Conditional and Unmentioned Uses. (Ord. 2800, 2/23/16; Ord. 2775, 7/14/15; Ord. 2646, 3/27/12; Ord. 2216, 7/26/05; Ord. 2144, 12/9/03) 10. May be a modular or mobile structure. Mobile or modular equipment shelters must be approved and tagged by the Washington State Department of Labor and Industries before placement and use in the City of Moses Lake. This includes equipment shelters that can be entered by personnel. If cargo containers are used for the shelter, the container shall be painted to match other buildings or structures on the site. The shelter shall be placed on a concrete slab or foundation and anchored to the ground in compliance with the requirements of the City of Moses Lake Building Division. 18.40.040 Prohibited: The following are prohibited in industrial zones: A. Any use which does not or is not capable of conforming with the purpose and requirements of this chapter. B. Any use determined by the Planning Commission to pose excessive hazard to the public health, safety, and general welfare. (Ord. 2144, 12/9/03) 18.40.050 Development Standards for Industrial Zones: A. Purpose: This section establishes the development standards and site requirements for uses in the industrial zones. The standards and rules are established to provide flexibility in project design, prevent fire danger, provide adequate access and circulation, reduce incompatibilities, and prevent overloading of infrastructure due to the impacts of development. B. Explanation of Table: Development standards are listed down the left column of the table and the industrial zones are identified across the top row. The matrix cells contain the requirements of each zone. The footnotes identify particular requirements applicable to a specific use, standard, or zone. TABLE 2: DEVELOPMENT STANDARDS IN INDUSTRIAL ZONES Development Standards MLIP L-I H-I Minimum lot size NR NR NR Maximum lot size NR NR NR Moses Lake Council Packet 7-9-19, Page 136 TABLE 2: DEVELOPMENT STANDARDS IN INDUSTRIAL ZONES Development Standards MLIP L-I H-I Maximum building height 3 stories or 50'1 3 stories or 50'1 NR2 Front yard setback3 NR NR NR Exterior side yard setback3 NR NR NR Interior side yard setback3 NR NR NR Rear yard setback3 NR NR NR Landscaping requirements none MLMC 18.57 MLMC 18.57 Minimum landscaped buffer along residential zoned property 15' 15' 25' Buffer requirements MLMC 18.40.130 MLMC 18.40.130 MLMC 18.40.130 Signage MLMC 18.58 MLMC 18.58 MLMC 18.58 Outside storage MLMC 18.40.110 MLMC 18.40.110 MLMC 18.40.110 Fencing requirements MLMC 18.40.120 MLMC 18.40.120 MLMC 18.40.120 Parking requirements MLMC 18.54 MLMC 18.54 MLMC 18.54 Containment within a building MLMC 18.40.070 MLMC 18.40.070 NR NR= No Requirement for the zone. Other regulations may apply. Footnotes for Table 2 1. The Planning Commission may allow buildings or structures to be erected to an additional height after a public hearing and examination of the location and upon due proof to the satisfaction of the Commission that such additional height will not be detrimental to the surrounding properties. 2. Subject to the provisions of Chapter 18.52 of this title entitled "Airport Zone." 3. Setbacks. A. Within the setback area shown on Table 2, no building or structure (as defined in 18.06.610) shall be allowed, except flagpoles, street furniture, transit shelters, signage, fencing, slope stability structures, and improvements less than thirty inches (30") above grade, including decks, patios, walks, and driveways. Some of these structures and improvements require a permit. B. The setbacks shown in the table are zoning setbacks. Larger setbacks may be required by the State Building Code, State Fire Code, sight distance requirements, or landscaping requirements (MLMC 18.57). (Ord. 2459, 5/12/09; Ord. 2144, 12/9/03) 18.40.060 Performance Standards: The maximum permissible limits of the Performance Standards for the industrial zones shall be as designated in Table 3. Moses Lake Council Packet 7-9-19, Page 137 TABLE 3: PERFORMANCE STANDARDS Performance Standards L-I & MLIP H-I Air Quality Air emissions shall meet applicable state and federal regulations, including but not limited to Chapter 173-400 WAC. Where emissions could be released as a result of accident or equipment malfunction, standard safeguards for safe operation of the industry involved shall be taken. Odors Any use producing odors shall implement best available practices and use best available technology be carried on in such a manner so that offensive or obnoxious odor shall not be perceptible to a person of normal sensitivity at or beyond the property line. Any use producing odors implement best available practices and use best available technology be carried on in such a manner so that offensive or obnoxious odors shall not be perceptible to a person of normal sensitivity at or beyond the Heavy Industrial Zone boundary line. Heat and Humidity Any use or activity producing heat or humidity in the form of steam or moist air shall be carried on in such a manner that the heat or humidity is not perceptible at or beyond the property line. Glare Any activity producing glare shall be carried on in such a manner that the glare is not perceptible at or beyond the property line. Artificial lighting shall be hooded or shaded so that direct light of high intensity lamps will not result in glare when viewed from public streets or neighboring properties. Vibrations Every use shall be so operated that any air or ground vibration recurrently generated from equipment other than vehicles is not perceptible without instruments at any point on or beyond the property line. Hazardous Materials The manufacture, use, processing or storage of hazardous materials shall be permitted in accordance with the regulations of the State Building Code, State Fire Code, the National Fire Protection Association standards, and any other state or nationally recognized standards that may apply to the particular use, building, or process. Industrial Wastes The storage, processing, or disposal of dangerous waste shall be subject to the regulations of the Washington State Department of Ecology. Electromagnetic Interference Electric fields and magnetic fields shall not be created that adversely affect the public health, safety, and welfare, including but not limited to interference with the normal operation of equipment or instruments or normal radio, telephone, or television reception from off the premises where the activity is conducted. This section does not apply to telecommunication facilities which are regulated by the FCC under the Federal Telecommunication Act of 1996 or its successor. Moses Lake Council Packet 7-9-19, Page 138 TABLE 3: PERFORMANCE STANDARDS Performance Standards L-I & MLIP H-I Noise Noise emanating from a use or activity within an industrial zone which exceeds the maximum permissible noise levels set forth in WAC 173.60.040 and this chapter shall not be permitted. Maximum Permissible Environmental Noise Levels from a Noise Source in an Industrial Zone: Property Receiving Noise by Zone Residential Commercial Industrial 60 dBA* 65 dBA 70 dBA 50 dBA* *Between the hours of 10 p.m. and 7 a.m. the noise limitations shall be reduced by 10 dBA for receiving property in residential zones. At any hour of the day or night the applicable noise limitations may be exceeded for any receiving property by no more than: 1. 5 dBA for a total of 15 minutes in any one hour period 2. 10 dBA for a total of 5 minutes in any one hour period 3. 15 dBA for a total of 1.5 minutes in any one hour period Exemptions to the maximum permissible noise levels cited in this chapter shall be as enumerated in WAC 173-60-050, Maximum Environmental Noise Levels Exemptions. (Ord. 2459, 5/12/09; Ord. 2144, 12/9/03) 18.40.070 Containment Within a Building: In the L-I and MLIP Zones: All industrial uses including but not limited to manufacturing, processing, warehousing, distribution, and fabrication shall be carried on within a building. This is not to be construed as prohibiting open sales lots or outside storage subject to Section 18.40.110 of this chapter. (Ord. 2144, 12/9/03) 18.40.080 Commercial Coach: A commercial coach may be used as an office in the L-I and H-I zones in association with an existing building. A commercial coach is not allowed in the MLIP zone, except under the provisions of MLMC 18.40.090, Temporary Structures. (Ord. 2144, 12/9/03) 18.40.090 Temporary Structures: A commercial coach or recreational vehicle may be used as a temporary office for a period of time not to exceed one hundred twenty (120) days in duration in specific instances where a permanent structure housing an existing licensed business has been destroyed or damaged to the extent that it is rendered unusable. The siting of temporary structures shall be approved by the Building Official, and shall not require site plan review in compliance with MLMC 18.49. Temporary structures shall maintain a twenty foot (20') separation from property lines and/or other buildings or structures. (Ord. 2144, 12/9/03) 18.40.100 State Building Code, State Fire Code, State Mechanical Code, and State Plumbing Code Requirements: All uses in the industrial zones must be in compliance with the applicable requirements of the State Building Code, the State Fire Code, the State Mechanical Code, and the State Plumbing Code except as may be provided in this chapter. (Ord. 2459, 5/12/09; Ord. 2144, 12/9/03) 18.40.110 Storage Areas: All storage located on a lot which adjoins a residential or commercial zone shall be wholly within a building or enclosed by a sight obscuring screen not less than eight feet (8') in height. All storage shall be kept in a manner so that it will not create a fire hazard or a nuisance. In the case of the open storage of combustible material, a roadway shall be provided and maintained to permit free access of fire trucks at any time. This shall not be construed to Moses Lake Council Packet 7-9-19, Page 139 prohibit open sales lots. (Ord. 2144, 12/9/03) 18.40.120 Fences and Walls: Fences and walls not exceeding eight feet (8') in height may be permitted subject to the requirements of this section. All fences, walls, or screening plantings will require a fence permit to be issued by the Building Official prior to construction or installation. Electric fences are prohibited. Security fences containing barbed wire may be permitted subject to review by the Building Official regarding the safety of such a fence. All applications for permits to construct or install fences or walls shall be reviewed by the Building Official and City Engineer for vehicular and pedestrian safety. Additional information about fences is contained in MLMC 12.28. (Ord. 2144, 12/9/03) 18.40.130 Buffer Strips: Site plan review by the Planning Commission will be required for any contiguous industrial and residential development. Buffer strips, in addition to the perimeter landscaping requirements in Chapter 18.57, may be required by the Planning Commission to separate developed contiguous industrial and residential uses from each other in order to eliminate nuisances. The Planning Commission may allow or require plantings, screening fences, walls, sound deadening walls, berms, or any combination thereof. Buffer strips shall be suitably landscaped and maintained. (Ord. 2144, 12/9/03) 18.40.140 Storm Water and Drainage: A. Each use shall provide for approved on-site or off-site detention or control of excess storm water run off or drainage resulting from the use. No use shall cause down stream property owners to receive storm water run off at a higher peak flow than would have resulted from the same event had the use or improvement not been present. B. Storm water run off or drainage shall be controlled and contained on-site except where adequate off-site storm drainage systems are available. Storm water run off and/or drainage resulting from a use must be controlled so that water will not flow on to a public sidewalk or on to adjacent property. Drainage into city storm sewer or onto a city street must be approved by the City Engineer. (Ord. 2144, 12/9/03) (Commercial uses permitted in this Light Industrial zone per Ordinance No. 2216) Moses Lake Council Packet 7-9-19, Page 140 CHAPTER 18.50 RECREATIONAL MARIJUANA BUSINESSES Sections: 18.50.010 Intent 18.50.020 Applicability 18.50.030 Definitions 18.50.040 Environmental Performance Standards 18.50.050 Development Requirements 18.50.060 Site Requirements 18.50.070 Building Allowance, Height, Size, Placement, Setback Requirements 18.50.080 Off-Street Parking 18.50.090 Landscaping, Buffering, Fencing, and Solid Waste Receptacles 18.50.100 Building and Development Guidelines 18.50.120 Security 18.50.130 Violations 18.50.010 Intent: In November, 2012, Washington voters passed Initiative 502, which establishes precedent for the production, processing and retail sale of marijuana for recreational purposes. Pursuant to RCW Title 69 and the requirements of Chapter 314-55 WAC, the State has adopted rules establishing a state-wide regulatory and licensing program for recreational marijuana uses. It is the intent of these regulations to ensure that such state-licensed uses are located and developed in a manner that is consistent with the desired character and standards of this community and its neighborhoods, minimizes potential incompatibilities and impacts, and protects the public health, safety and general welfare of the citizens of Moses Lake. Recognizing the voter-approved right to establish certain types of recreational marijuana businesses, it is also the intent of these regulations to provide reasonable access to mitigate the illicit marijuana market and the legal and personal risks and community impacts associated with it. (Ord. 2731, 9/23/14) 18.50.020 Applicability: The provisions of this Section shall apply only within the City limits as currently adopted. The specific development standards provided in this Section shall be in addition to the zoning and development standards generally applicable to the proposed use and the relevant zoning district. (Ord. 2731, 9/23/14) A. No use that purports to be a recreational marijuana producer, processor or retailer, as defined and regulated herein and in WAC 314-55, that was engaged in that activity prior to the enactment of this ordinance shall be deemed to have been a legally established use or entitled to claim legal non-conforming status. B. For purposes of this Section and the standards applicable to state-licensed recreational marijuana uses, the terms and definitions provided in RCW Title 69 and WAC 314-55 shall generally apply unless the context clearly indicates otherwise. (Ord. 2731, 9/23/14) 18.50.030 Definitions: All definitions used in this chapter apply to this chapter and only and, except as otherwise revised below, shall have the meaning established pursuant to RCW Title 69 and WAC 314-55, as the same exist now or as they may later be amended. Selected definitions have been included below for ease of reference. A. Marijuana or marihuana: Marijuana or marijuana as defined in RCW 69.50.101 means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant Moses Lake Council Packet 7-9-19, Page 141 which is incapable of germination. B. Marijuana Processor: Marijuana Processor as defined in RCW 69.50.101, means a person licensed by the state liquor control 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. Marijuana Producer: Marijuana Producer as defined in RCW 69.50.101, means a person licensed by the state liquor control board to produce and sell marijuana at whole sale to marijuana processors and other licensed marijuana producers. D. Marijuana-Infused Products: Marijuana-infused Products as defined in RCW 69.50.101, means products that contain marijuana or marijuana extracts, are intended for human use, and have a THC concentration greater than 0.3 percent and no greater than sixty percent. The term “marijuana-infused products” does not include either useable marijuana or marijuana concentrates. E. Marijuana Retailer: Marijuana Retailer as defined in RCW 69.50.101, means a person licensed by the state liquor control board to sell useable marijuana and marijuana-infused products in a retail outlet. F. Marijuana Production, Processing and Retail Sales: As used in this ordinance, any reference to marijuana production, processing and retail sales shall refer ONLY to RECREATIONAL marijuana production, processing and retail sales. G. Cultivation: Cultivation means the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof. H. Indoors: Indoors means within a fully enclosed and secure structure that complies with the International Building Code, as adopted by the City of Moses Lake, that has a complete roof enclosure supported by connecting walls extending from the ground to the roof, and a foundation, slab, or equivalent base to which the floor is securely attached. The structure must be secure against unauthorized entry, accessible only through two or more lockable doors, and constructed of solid materials that cannot be easily broken through. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement. I. Outdoors: Outdoors means any location that is not “indoors” within a fully enclosed and secure structure as defined herein. J. Useable Marijuana: Useable Marijuana means dried marijuana flowers. The term “useable marijuana” does not include marijuana-infused products. (Ord. 2731, 9/23/14) 18.50.040 Environmental Performance Standards: A. Failure of the enforcing officer to require such information shall not be construed as relieving the operator and/or the proprietor from compliance with the environmental performance standards of this title. B. Marijuana producers, processors and retail sales shall incorporate best available odor control technology and best available practices provisions to ensure that offensive or obnoxious odors shall not be perceptible to a person of normal sensitivity at or beyond the property line and that emissions do not exceed Washington Clean Air Act regulations as contained in Chapter 70.94 RCW. (Ord. 2731, 9/23/14) 18.50.050 Development Requirements: A. Marijuana producers, marijuana processors, and marijuana retailers shall only be permitted as allowed under RCW 69.50 and WAC 314-55 and shall only be operated by persons or entities holding a valid marijuana license from the Washington State Liquor Control Board issued under Chapter 314-55 WAC and any other applicable state laws and regulations. Moses Lake Council Packet 7-9-19, Page 142 B. Marijuana producers, marijuana processors, and marijuana retailers shall only be allowed with in the City of Moses Lake municipal boundaries if appropriately licensed by the State of Washington and in possession of a current business license issued by the City of Moses Lake, and operated consistent with the requirements of the State and all applicable City ordinances, rules, requirements, and standards. C. Marijuana producers, marijuana processors, and marijuana retailers shall be the primary use at a location, and shall only be allowed within the City of Moses Lake in those zoning districts where it is specifically identified as an allowed use. 1. Marijuana retailers shall only be allowed in the C-1A Transitional Commercial and C-2 General Commercial and Business zones defined and identified in MLMC Chapter 18.30. 2. Marijuana producers and processors shall only be allowed in the H-I, Heavy Industrial Zone, L-I, Light Industrial Zone, and the Moses Lake Industrial Park defined and identified in MLMC Chapter 18.40. D. The production, processing, selling, or delivery of marijuana, marijuana-infused products, or useable marijuana may not be conducted alone or in association with any business establishments, dwelling unit, or home occupation located in any of the following zoning districts in the City of Moses Lake: Business Park (BP) Central Business District (C-1) Conservation and Reclamation (C-R) Neighborhood Commercial (NC) Public (P) Residential, Single Family (R-1) Residential, Single Family and Duplex (R-2) Residential, Multi-Family (R-3) Rural Residential (R-4) E. Marijuana production and marijuana processing facilities shall be designed to include controls and features to prevent odors from traveling off-site and being detected from a public place, the public right of way, or properties owned or leased by another person or entity. F. Marijuana retailers shall not include drive-thru, exterior, or off-site sales. Marijuana retailers shall not be located in a mobile or temporary structure. G. In accordance with WAC 314-55-147, marijuana retail sales shall not be open to the public between the hours of 12 a.m. and 8 a.m. H. Signage for marijuana production, processing and retail businesses shall be subject to the requirements of WAC 314-55-155 and MLMC Chapter 18.58, whichever is more restrictive. No off-premises signage is permitted. I. Displays against or adjacent to exterior windows shall not include marijuana or marijuana paraphernalia. J. As provided in RCW 69.50.331 and WAC 314-55-050, marijuana producers, marijuana processors, and marijuana retailers, shall not be allowed to locate within 1,000 feet of public parks, playgrounds, recreation/community centers, libraries, child care centers, schools, game arcades and public transit centers. For purposes of this standard, these uses are defined in WAC 314-55. The methodology for measuring the buffers shall be as provided in WAC 314-55. It shall be the responsibility of the owner or operator of the proposed state-licensed marijuana use to demonstrate and ensure that a proposed location is not within one of the buffers. K. An existing non-conforming use located within a zoning district that would otherwise not permit marijuana uses, such as an old convenience store in a residential district, shall not Moses Lake Council Packet 7-9-19, Page 143 be allowed to convert to a marijuana use. L. Marijuana producers, marijuana processors and marijuana retailers shall connect to all City of Moses Lake utilities. M. Marijuana production, processing and retail sales are not permitted as a home occupation under MLMC Chapter 18.55. N. Retail marijuana sales may not be located within any other businesses, and may only be located in buildings with other uses only if the marijuana business is separated by full walls and with a separate entrance. No more than one marijuana retail business shall be located on a single parcel. O. Marijuana production, processing and retail sales are subject to all applicable requirements of Title 69 RCW and Chapter 314-55 WAC and other state statutes, as they now exist or may be amended. P. Marijuana production, processing and retail sales must take place within fully enclosed and indoor facilities. Q. No marijuana production, processing, or delivery of marijuana shall be visible to the public nor may it be visible through windows. A screened and secured loading dock, approved by the Director shall be required. The objective of this requirement is to provide a secure, visual screen from the public right of way and adjoining properties, and prevent the escape of orders when delivering or transferring marijuana, useable marijuana, and marijuana-infused products. R. All marijuana producers, processors and retailers shall allow inspection of the site and facilities by City personnel including law enforcement for compliance with all applicable state and local permits and licenses at any time during regular business hours. S. An application for a recreational marijuana business shall include the following information in addition to any application requirements required by the underlying zone: 1. The application shall be made by: a. A marijuana State Liquor Control Board licensee; or b. an applicant for a State Liquor Control Board marijuana license. The application shall include a copy of the State issued license or a copy of the license application on file with the State Liquor Control Board. A City business license shall not be issued for a recreational marijuana business unless the applicant is a State Liquor Control Board marijuana licensee; 2. A map drawn to scale showing that the proposed recreational marijuana business is at least 1,000 feet from all uses specified in RCW 69.50.331 and WAC 314-55-050. A survey prepared by a surveyor licensed in the state of Washington may be required by the Director; and T. A recreational marijuana business shall meet all security requirements as required by WAC 314-55-083 and shall provide proof of such operational security system prior to issuance of a City business license. U. All fertilizers, chemicals, gases, and hazardous materials shall be handled in compliance with all applicable local, state and federal regulations. No fertilizers, chemicals, gases or hazardous materials shall be allowed to enter a sanitary sewer or storm sewer system, nor be released into atmosphere outside of the structure where the business is located. (Ord. 2770, 5/26/15; Ord. 2731, 9/23/14) 18.50.060 Site Requirements: Shall meet all requirements set forth in the underlying zone. (Ord. 2731, Moses Lake Council Packet 7-9-19, Page 144 9/23/14) 18.50.070 Building Allowance, Height, Size, Placement, Setback Requirements: Shall meet all requirements set forth in the underlying zone. (Ord. 2731, 9/23/14) 18.50.080 Off-Street Parking: Off-street parking shall be provided in accordance with MLMC Chapter 18.54. (Ord. 2731, 9/23/14) 18.50.090 Landscaping, Buffering, Fencing and Solid Waste Receptacles: Landscaping shall be provided in accordance with MLMC Chapter 18.57. (Ord. 2731, 9/23/14) 18.50.100 Building and Development Guidelines: Developments shall comply with the requirements of MLMC Chapter 16.02, Building Permits. (Ord. 2731, 9/23/14) 18.50.120 Security: Shall meet all security requirements as required by WAC 314-55-083 and shall provide proof of such operational security system prior to issuance of a business license. In addition to the security requirements in Chapter 314-55 WAC, during non-business hours, all recreational marijuana producers, processors, and retailers shall store all useable marijuana, marijuana-infused product, and cash in a safe or in a substantially constructed and locked cabinet. The safe or cabinet shall be incorporated into the building structure or securely attached thereto. For useable marijuana products that must be kept refrigerated or frozen, these products may be stored in a locked refrigerator or freezer container in a manner approved by the Director, provided the container is affixed to the building structure. (Ord. 2731, 9/23/14) 18.50.130 Violations: Violations of this chapter shall be subject to enforcement action as provided in the Uniform Controlled Substances Act, Title 69 RCW, as well as, subject to enforcement actions for violations of the Moses Lake Municipal Code. (Ord. 2731, 9/23/14) Moses Lake Council Packet 7-9-19, Page 145 CHAPTER 18.54 OFF-STREET PARKING AND LOADING Section: 18.54.010 Purpose 18.54.020 Applicability 18.54.030 General Parking Standards 18.54.040 Specific Parking Requirements 18.54.050 Location of Parking Area 18.54.060 Bicycle Facilities Standards 18.54.070 Specific Loading Requirements 18.54.080 ADA Accessibility 18.54.090 Development & Maintenance 18.54.100 Onsite Drainage 18.54.110 Waivers and Exceptions 18.54.010 Purpose: A. To provide adequate and aesthetically pleasing parking facilities in proportion to individual land use needs. B. To reduce the demand for parking and promote alternative means of transportation as an important and integral mode of transportation which enables healthy lifestyles, is affordable, and reduces greenhouse gas emissions. C. To reduce adverse water quality effects of contaminated runoff that originates from paved parking surfaces. D. To provide accessible, attractive, well-maintained and screened off-street parking facilities. E. To provide the necessary bicycle parking facilities for a bicycle friendly community. F. To ensure that there will be efficient, convenient, and safe flow of traffic in a lot. 18.54.020 Applicability: A. Other than the exceptions listed in 18.54.020B & 18.54.110, the requirements of this chapter shall apply to all of the following: 1. New development. 2. Replacement or improvement of more than 25% of existing impervious surfaces on a developed site. 3. A 25% or greater expansion of an existing parking lot. 4. Any addition, remodel, alteration, or repair of a structure that increases the gross floor area by more than twenty percent (20%) or where the cost of the addition, remodel, alteration, or repair exceeds twenty-five percent (25%) of the existing assessed value of the structure. 5. Change of occupancy (per the building code). B. Exceptions: 1. No off-street parking shall be required for home occupations or for businesses located within the C-1 Central Business District and the C-1A Transitional Commercial Zone. 2. Preservation and maintenance. The following parking area maintenance practices are exempt from the requirements of this chapter: a. pothole and square cut patching Moses Lake Council Packet 7-9-19, Page 146 b. crack sealing c. vegetation maintenance d. overlaying existing asphalt or concrete pavement with bituminous surface treatment (BST or “chip seal”) 18.54.030 General Standards: A. The parking and/or loading areas shall have reasonable access and a capacity according to the use of the property listed in the following sections. Where a use is not listed, the Community Development Director shall determine the required parking and/or loading space based on similar uses for which the requirements are specified or based on an analysis of likely parking needs. B. Wheel or bumper stops shall be required to prevent vehicles from overhanging walkways, property lines or other limits of a parking facility and to prevent damage to landscaping. C. Residential Uses: regulations refer to MLMC 8.52. D. Parking lot landscaping shall comply with MLMC Chapter 18.57, Landscaping. E. Parking lots in the C-2 and NC zones must comply with pedestrian standards of MLMC 18.30.160. F. Carpool Parking: 1. For industrial, commercial, and institutional uses where there are more than 50 parking spaces on the site, the following standards must be met: a. Five spaces or five percent of the parking spaces on the site, whichever is less, must be reserved for carpool use. More spaces may be provided, but are not required. b. Signs must be posted, or painted within the spaces, indicating that these spaces are reserved for carpool use. G. Litter Receptacles: All off-street parking areas serving retail uses and restaurants shall provide at least one outdoor litter receptacle within the parking area or at the building entrance. One additional outdoor litter receptacle shall be provided within the parking area or at the building entrance for each seventy-five (75) parking spaces located on the site. H. Except for compact car spaces, each parking space shall be no less than 9 feet wide and 20 feet long. I. Ten percent of the total spaces required may be for compact cars only. These spaces must be designated. Each compact space shall be at least 8 feet wide and 16 feet long and shall be clearly identified as a compact car space by painting the word "COMPACT" in capital letters, a minimum of 8 inches high, on the pavement at the base of the parking space and centered between the striping. J. A building that has mixed occupancies shall provide parking for each use as required in MLMC 15.54.040. 18.54.040 Specific Parking Requirements: A. A minimum of two parking spaces are required: I ADA parking stall and 1 9 x 20 parking stall. Parking will be rounded up.(Except single family residential) LAND USE REQUIRED PARKING RESIDENTIAL Moses Lake Council Packet 7-9-19, Page 147 Accessory Apartment 1 per dwelling unit Duplex 2 per dwelling unit Manufactured Home Park 2 per dwelling unit plus 5% total for guest parking Studio and 1 Bedroom Apartment 1 per unit, plus 5% of total for guests Multi-Family 2 per unit for two or more bedrooms Senior Citizen Dwellings/Apartments 1 per unit Single family Homes (Including Manufactured homes) 2 per unit RETAIL BUSINESS Appliance and furniture sales/service 1 per 1,000 square feet of display area Automobile sales/rentals 1 per 400 gross square feet of inside display area, 1 per 2,000 gross square feet of outside display area Building supply and home improvement 1 per 1,000 gross square feet of warehouse area Convenience store 1 per 350 gross square feet, plus 2 for every 2.5 seats of on-site seating, but not less than 10. Service area at gas pumps shall not be counted as parking spaces Equipment rental shop 1 per 300 gross square feet of retail, office or shop use, 1 per 1,000 gross square feet of outdoor storage or display area Espresso/latte stand (no seating) 1, plus 1 per employee Greenhouse/nursery 1 per 400 gross square feet of indoor retail, 1 per 1,000 gross square feet of outdoor display or storage area Landscape materials sales 3 plus 1 per employee Motor vehicle parts sales/service 1 per 300 gross square feet Print shop 1 per 400 gross square feet Recreational vehicle sales and service 1 per 3,000 gross square feet of display area Restaurant 1 per 100 gross square feet, except when located in a shopping center Retail i.e.: Grocery store, Drug Store, Shoe store, etc 1 per 250 gross square feet Shopping centers 4.5 per 1,000 square feet of gross leasable area (GLA) for centers having GLA less than 400,000 gross square feet, and 5 per 1,000 gross feet of GLA for centers having a GLA over 400,000 gross square feet Tavern 1 per 4 seats SERVICE Animal clinic/veterinary 1 per 250 square feet of gross indoor floor area Assisted living facility 1 per 4 residents, plus 1 per staff on largest shift Automobile/truck/RV/motorcycle service/painting, repair, body and fender work 1 per 300 gross square feet of building minus service bays, plus 2 per service bay Banks, savings & loan, etc 2.5 per 1000 gross square feet Barber shop and beauty shops 2 per station Carpenter shop 1 per 600 gross square feet Carwash 1 per employee 2 spaces per stall for drying purposes Day care, child and adult 1 per employee, plus 1 per 10 children or adults Dry cleaning, linen, laundry 1 per 500 square feet, plus 1 per employee Funeral home 1 per 4 seats or 8 lineal feet of bench in chapel area Hospital 1 per 4 patient beds; plus one space per doctor, plus 1 per each 3 additional employees Hotel/Motel 1 per guest room, plus 1 per shift employee for the largest shift Kennel/animal boarding/shelter 3, plus 1 per shift employee Laboratories 1 per 600 gross square feet Medical/dental clinic 1 per each doctor or dentist, plus 1 per 250 gross square feet Office, professional and general 1 per 250 gross square feet Moses Lake Council Packet 7-9-19, Page 148 18.54.050 Location of Parking Area: A. Residential: Required parking space shall be located adjacent to the residence. B. Commercial, Industrial, Public, and Institutional: Required parking shall be on site or within three hundred feet (300') of the building. Businesses located within a Central Business District and Commercial Transitional Zone shall be exempt from the parking requirement. 18.54.060 Bicycle Facilities Standards: A. Off-street parking areas shall contain at least one bicycle parking space for every twelve spaces required for motor vehicles except as follows: 1. If there are less than twelve parking spaces, no bicycle facilities, are required. 2. The director may reduce bike parking facilities when it is demonstrated that bicycle activity is unlikely to occur at that location. For additional requirements see MLMC 18.54.110. 3. The director may require additional spaces when it is determined that the use or its location will generate a high volume of bicycle activity. Such a determination will include but not be limited to the following uses: a. Park/playfield b. Library/museum/arboretum c. Elementary/secondary school d. Sports club Recreational vehicle park/campground 1 per RV site/campsite, 1 per employee INDUSTRIAL Industrial warehouses, freight terminals, manufacturing, etc 1 per shift employee on the maximum shift Brewery, winery and/or distillery 1 per shift employee on the maximum shift, plus 1 per 4 seats in any tasting room or other visitor facility Showroom (appurtenant to industrial use) 1 per 500 gross square feet of display area PUBLIC & SEMI PUBLIC Auditorium, theaters, stadium 1 per 4 fixed seats or 8 lineal feet of bench seating Church or other place of worship 1 per 4 seats or 8 lineal feet of bench seating College or university 1 per 2 students, plus 1 per employee Community hall, club or lodge 1 per 200 gross square feet Dance, exhibition and assembly halls 1 per 75 square feet of gross floor area of main assembly room Golf course 2 per hole Golf driving range/training center 2 per designated driving station on driving range and 1 per 500 square feet of putting/chipping green Libraries 1 per 400 gross floor area Sports field 20 per acre of site Swimming pool 1 per 100 gross square feet of water surface area Tennis, racquetball and similar courts 2 per court Exercise facility/gym athletic club 1 per 100 gross square feet Fire, Police station 1 space per employee on the maximum shift Post office, postal center 1 per 200 gross square feet of public area, plus 1 per employee Racetrack 1 per each 4 fixed seats or 8 lineal feet of bench seating School, training/learning, professional, vocational and trade 1 per 2 students Schools, public and private pre-school 1.5 per teacher Schools, public and private K through 8 1 per teacher, plus 1 per other employees Schools, public and private 9 through 12 1 per 2 students, plus 1 per shift employee Transit center 1 per 200 gross square feet Skating rink 1 per 200 gross square feet Moses Lake Council Packet 7-9-19, Page 149 e. Retail business (when located along a developed bicycle trail or designated bicycle route) B. All bicycle parking shall be located on the ground level and within 100 feet of the building entrance, shall be located in safe, visible areas (ie: in view of windows, street, or sidewalk)that do not impede pedestrian or vehicle traffic flow, and shall be well lit for nighttime use. In the case of multiple businesses, bicycle parking shall be placed in multiple locations or near the center of the development. Covered bicycle parking is optional, but encouraged. See Diagram 3. Diagram 3 B. Bicycle parking shall be improved in accordance with the following requirements: 1. Bicycle racks shall enable a U-lock to lock both the frame of the bicycle and bicycle tire to the bicycle rack. 2. Bicycle racks shall support the frame of the bicycle in at least two places. 3. Bicycle parking shall not encroach upon the five-foot sidewalk or the required pedestrian connection. 4. Bicycle parking shall be secured with tamper-proof screws or be cast in place upon concrete. 5. Bicycle racks shall be a “U” bike rack. See Diagram 4. Diagram 4 a. Variations may be allowed if the above items 1-4 are met. Requests may be submitted to the Community Development Department. 18.54.070 Specific Loading Requirements: A. Other than those listed in 18.54.070.B, commercial, industrial and public utility uses, shall provide truck loading and unloading space as follows: Square Feet of Floor Area No. of Spaces Required Less than 10,000 0 10,000 - 30,000 1 30,001 - 100,000 2 100,001 and over 3 Moses Lake Council Packet 7-9-19, Page 150 B. Restaurants, office buildings, hotels, motels, hospitals and institutions, schools and colleges, public buildings, recreational or entertainment facilities, and any similar use shall provide off-street truck loading or unloading spaces as follows: Square Feet of Floor Area No. of Spaces Required Less than 30,000 1 30,000 - 100,000 2 100,001 and over 3 (Ord. 2144, 12/9/03; Ord. 786, 1976) C. Size of Loading Space: A loading space shall consist of a space not less than ten feet (10') wide, thirty-five feet (35') long, and a height clearance of fourteen feet (14'). Where vehicles generally used for loading and unloading exceed these dimensions, the required length of these spaces shall be increased. The Building Official may waive the height requirement upon receipt of evidence that such height is unnecessary. (Ord. 2144, 12/9/03; Ord. 1945, 5/9/00; Ord. 786, 1976) D. Location of Loading Area: The required off-street loading area shall be located on the same lot with the use it is intended to serve. E. Off-street parking areas used to fulfill the requirements of this title shall not be used for loading and unloading operations except during periods of the day when not required to serve parking needs. 18.54.080 ADA Accessibility: A. The type and number of Americans with Disabilities Act (ADA)-compliant parking spaces shall be subject to applicable state law, and each ADA parking space shall be considered as one parking space for the purposes of calculating required parking. 18.54.090 Development & Maintenance: A. Every parcel of land hereafter used for parking purposes shall be developed and permanently maintained in accordance with the following requirements: 1. Surfacing: a. Parking areas shall be surfaced with an asphaltic or cement binder pavement or other approved material. Parking areas shall be built on a suitable base so as to provide a durable and dustless surface and shall be so graded and drained as to properly dispose of all surface water onsite. b. Asphalt, brick, concrete paving, and interlocking paving blocks, including semi-pervious systems that retain space for vegetation, are acceptable paving materials. c. All parking surfaces shall be maintained in sound condition free of weeds, dust, trash, and debris, potholes and other hazards. d. Any parking lot adjacent to an existing paved street shall be maintained in hard surface paving, including parking spaces, access aisles, and all areas to be driven on by vehicles. 2. Striping: a. All required stalls, aisles, loading zones, fire lanes, and no parking areas, shall be striped or otherwise designated to provide for the safe loading, unloading, parking and storage of vehicles. b. Single-family residential and two-family residential are exempt from striping requirement. Moses Lake Council Packet 7-9-19, Page 151 3. Parking lot lighting a. Any lighting used to illuminate a parking lot shall be directed and shielded as to not illuminate surrounding properties. Light standards shall not exceed 18 feet in height measured from grade to the highest point of the equipment. In instances where it can be established that additional height is required for health and safety reasons, an additional five feet in height is allowed subject to review and approval by the Building Official. B. Low Impact Development (LID) is encouraged for all parking areas. In parking lot design, this can be achieved with the use of the following design features: 1. Pervious paving material 2. Flat curbing to encourage stormwater flows to drainage facilities 3. Vegetative islands and perimeter buffers, planted with native plant species tolerant of and adapted to the amount of moisture anticipated in the island or buffer 4. Vegetated islands and medians located below grade so water will flow to them 5. Vegetated, natural drainage swales 6. Creation of wetland cells planted with appropriate plant species and strategically located to capture runoff Grading across the lot to encourage runoff flows to drainage areas 18.54.100 Onsite Drainage for Parking Lots: A. It is the intent of these regulations to require the use of Best Management Practices (BMPs) per the Eastern Washington Stormwater Manual to minimize, treat, prevent and/or reduce degradation of water quality and flooding potential due to stormwater runoff from parking. The stormwater management system shall be designed, constructed, and maintained with BMPs to minimize run-off volumes, prevent flooding, reduce soil erosion, protect water quality, maintain or improve wildlife habitat, and retain all storm water on site pursuant to Chapter 13.035.030 of the Moses Lake Municipal Code. B. Infiltration of stormwater shall be accommodated to the extent possible through limitation of land disturbance and grade changes, retention of existing natural drainage areas and wetlands, and use or creation of vegetated islands, vegetated medians, and vegetated perimeter buffer strips. C. Natural drainage patterns shall be maintained to the extent practicable. The applicant must demonstrate through information provided on and in association with the proposed site plan, the existing and proposed drainage patterns and calculated flows. D. Measures that shall be considered to reduce the amount of impervious surfaces in all proposed parking lots include: 1. Provide pervious parking stall surfaces 2. Provide pervious overflow parking 3. Provide pervious snow-storage space 4. Conserve existing natural areas, including trees on-site 18.54.110 Waivers and Exceptions: Moses Lake Council Packet 7-9-19, Page 152 A. The Community Development Director may reduce bike parking facilities for patrons when it is demonstrated that bicycle activity unlikely to occur at that location, provided bike rack parking is not completely eliminated. B. An applicant may request a modification of the minimum required number of parking spaces by proving that parking demand can be met with reduced parking. In such cases, the Community Development Director may approve a reduction of up to fifty percent of the minimum required number of spaces. C. Overflow parking – overflow parking areas and event-parking areas may use turf or other pervious surfaces. Overflow parking shall be defined as off-street parking in excess of the minimum required by this chapter, not used more than fifteen times a year. All parking area for which paving is waived shall meet the minimum requirements of the State Building Code and Accessibility for Fire Prevention. All parking areas shall be constructed with proper drainage. D. When an existing building is occupied by a new use which would require greater parking and/or loading space than is provided, the Community Development Director may waive the additional parking requirement provided he finds existing development renders compliance with the requirement impractical. CHAPTER 18.58 SIGNS Sections: 18.58.010 Purpose 18.58.020 Definitions 18.58.025 Calculation of Sign Area 18.58.030 Sign Regulations 18.58.040 Sign Work Exempt From Sign Permit 18.58.050 Sign Permit Requirements 18.58.060 Interpretations and Rulings 18.58.070 Appeals 18.58.080 Variances Moses Lake Council Packet 7-9-19, Page 153 18.58.090 Non-Conforming Signs 18.58.100 Sign for Non-Conforming Use 18.58.110 Planning Commission Review and Approval 18.58.120 Violation 18.58.130 Enforcement 18.58.140 Conflict 18.58.010 Purpose: The purposes of this chapter are to: 1) ensure that signs and sign structures are designed, installed, and maintained to prevent personal injury, and to avoid traffic and property hazards and public nuisances; 2) recognize that signs are necessary for public, private, business, community, and other purposes; and 3) impose limited controls on signs so that they are compatible with surrounding property uses and enhance the appearance of the Moses Lake community. (Ord. 2144, 12/9/03; Ord. 2000, 12/12/00) 18.58.020 Definitions: A. Abandoned Sign: means a sign which no longer serves its intended purpose. B. Architectural Appendage Sign: means a building sign that is suspended from, attached to, applied to, or part of an awning, marquee, false mansard, canopy, or similar projection from the exterior walls of a building. C. Billboard: means an off-site sign that is substantial in size and construction, usually is owned by an outdoor advertising company, and contains advertising space that is for rent or lease. D. Building: means an enclosed structure for a use or occupancy. E. Building Sign: means any sign that is attached or applied to, mounted on, suspended from, painted on, or part of the exterior of a building or architectural appendage, including the roof and facade. F. Cabinet Sign: means a sign enclosure which has access for the replacement of one (1) or more sign faces and lamps, if internally-illuminated. G. Changeable Copy Sign: means a sign that is designed to easily rotate or alternate messages by mechanical means. Examples of changeable copy signs are reader boards with removable letters. H. Community Sign: means a temporary sign that promotes, celebrates, or commemorates a community event, public awareness, community service, holiday season, or similar public function. Moses Lake Council Packet 7-9-19, Page 154 I. Construction Sign: means a temporary standing or portable sign that is non-illuminated. A construction sign provides information about a construction project. J. Directional Sign: means a sign which only identifies a business or activity and directs traffic to that business or activity. K. Directory Sign: means a sign that has space which is limited to the name, address, and logo of the developed site and the names, addresses, and logos of several on-site businesses, organizations, or facilities. L. Double-Face Sign: means two (2) sign faces which are identical in size and message and either are displayed back-to-back or within 30° interior angle. M. Electronic Sign: means an on-premise advertising sign having a signboard display that can be changed by an electrical, electronic, or computerized process. N. Facade: means one (1) or more exterior walls of a building that face one (1) direction, including parapets and openings such as doors and windows. O. Flashing Sign: means a sign that has external or internal lighting which changes intensity, rotates, animates, travels, or switches on and off in a blinking manner. Examples of such lighting are lamp banks with blinking or traveling messages, traveling arrows and revolving beacons. P. Free-Standing Sign: means a sign that has vertical support which is permanently anchored in the ground. Examples are pole (or pylon), post, and monument signs. Q. Freeway Interchange Sign: means a free-standing sign that is intended to attract the attention of traffic entering or exiting an Interstate 90 OR sr 17 interchange. A freeway interchange sign is located within one thousand five hundred feet (1,500') of the interchange as measured from the centerline of Interstate 90 OR sr 17 right-of-way and the intersecting right-of-way centerline. R. Freeway Sign: means a free-standing sign that is intended to attract the attention of traffic on Interstate 90. A freeway sign is located within two hundred fifty feet (250') of Interstate 90 right-of-way. S. Garage Sale Sign: means a temporary sign for the sale of household items. T. Home Occupation Sign: means an on-site sign that advertises a home occupation as defined in Section 18.55.020 of this title. U. Incidental Sign: means a non-illuminated, on-site, convenience sign. Examples of incidental signs are credit card, telephone, and restroom signs. V. Monument Sign: means a free-standing sign in the shape of a monolith. Usually the sign is vertically supported on a base which is on a pedestal, but the sign may be a pole- covered sign. A monument sign is intended to be viewed at eye level. W. Non-Conforming Sign: means a permanent sign that was lawfully erected, installed, or otherwise displayed according to the applicable Grant County or city zoning regulations, but does not conform to the sign regulations of this chapter. X. Off-Site Sign: means a sign that is not related to an activity that is on the same site as the sign, or the sign is on a vacant site. Moses Lake Council Packet 7-9-19, Page 155 Y. Official Sign or Legal Notice: means an official sign or legal notice issued by a court, public agency, or as authorized by law or federal, county, or city authority. Z. On-Site Sign: means a sign that is related to an activity that is on the same site as the sign. AA. Permanent Sign: means any sign which is not a temporary sign as defined in Section 18.58.020.OO. BB. Pole (or Pylon) Sign: means a free-standing sign on one (1) or more upright supports in a foundation. The upright supports may be covered for aesthetic purposes. A pole sign is the same as a pylon sign. CC. Portable Sign: means a sign that either is a sign structure or is part of or affixed to a sign structure that is designed to be movable. DD. Private Warning/Directional Sign: means a permanent, portable, or temporary sign that is erected for a private purpose such as KEEP OUT, NO TRESPASSING, RIGHT TURN ONLY, STOP, SECURITY ALARM, or NO DUMPING. EE. Projecting Sign: means a type of building sign that either is: 1) mounted at right angle to a facade; 2) suspended under an architectural appendage and at right angle to a facade; or 3) a wall sign that extends eighteen (18) or more horizontal inches from the facade. FF. Public Facility Directional Sign: means a sign, in the public zone, which only identifies a public facility or activity and directs traffic to that public facility or activity. GG. Public or Recreational Identification Sign: means a sign for a public or semi-public facility or area. Examples of such signs are park, school, or hospital signs. HH. Real Estate Sign - Other: means a sign that either advertises a parcel or lot of non-residential land, or the buildings thereon, or both which is for sale, lease, or rent. II. Real Estate Sign - Residential Lot: means a sign that either advertises a parcel or lot of residential land, or the buildings thereon, or both which is for sale, lease, or rent. Residential land includes land that is vacant and within a residential zone or land that is in residential use, regardless of zone. JJ. Residential Identification Sign: means a sign that identifies a residential subdivision, planned residential development, neighborhood, condominium development, manufactured home park, multi-family residential development, or similar residential developments. KK. Residential Subdivision Sign: means a sign which advertises the sale of lots in a residential subdivision, parcels in a manufactured home binding site plan, or lots in a residential planned development. LL. Right-Of-Way: means a corridor which either is reserved for or contains a public street, road, alley, pathway, highway, or freeway. MM. Roof Sign: means a building sign that is mounted on the roof of a building as defined in this section. A roof sign does not project beyond the vertical planes of the building facades. NN. Sandwich Board Sign: means a portable sign that is A-frame, does not exceed four feet (4') in height or two feet (2') in width, and is non-illuminated. OO. Sign: means a visual message that is displayed to attract the outdoor attention of the general public. A sign may be: 1) advertising of a generic or specific product, item, or service; 2) a promotion of an activity or event; 3) any other implicit or explicit message which informs, alerts, directs attention to, or warns; 4) the name of a business, building, Moses Lake Council Packet 7-9-19, Page 156 place, or organization; or 5) any combination of advertising, promotion, other message, or name. A sign may consist of, but is not limited to words, pictures, drawings, logos, symbols, other graphics, border, trim, frame, cabinet, background, space, material, or devices which are integral to the visual message. A sign may contain multiple visual messages which are related in content and proximity. PP. Sign Face: means one dimension of a sign that contains the visual message. QQ. Sign Height: means the vertical distance as measured from finished grade at the base of a sign or sign structure to the top of the sign. RR. Sign Structure: means the horizontal and vertical support for a sign. SS. Site: means either: 1) a parcel of unplatted land, a parcel in a binding site plan, a tract, or a lot in a subdivision; or 2) two (2) or more contiguous parcels, tracts, or lots under one (1) ownership without intervening right-of-way and identified or delineated as one (1) development site; or 3) two (2) or more contiguous parcels, tracts, or lots under different ownerships, without intervening right-of-way, and identified or delineated as one (1) development site. TT. Street Frontage: means that portion of a site boundary that borders one or more streets as defined in Section 18.06.590. UU. Temporary Sign: means a sign affixed to, applied on, or made from lightweight material, with or without a frame or backing which is designed to be displayed for a limited time including, but not limited to, a feather or tear drop sign. Examples of lightweight materials are vinyl, cardboard, card stock, corrugated plastic, and fabric. VV. Traffic Control Sign: means any permanent or temporary traffic control, traffic signal, or construction sign that is subject to: 1) the latest edition of the Standard Specifications for Road, Bridge, and Municipal Construction as published by the Washington State Department of Transportation in conjunction with the Washington State Chapter of the American Public Works Association, as amended by the City of Moses Lake Community Street and Utility Standards; and 2) the Manual on Uniform Traffic Control Devices. WW. Vehicle Sign: means a sign that is affixed or painted on a vehicle which is primarily used for transportation rather than parked for the purpose of displaying the sign. XX. Wall Sign: means a building sign that is painted or flush-mounted on a facade, fascia, or architectural appendage, less than eighteen inches (18") horizontal projection. YY. Wayfinding Sign: an off-premise sign that is part of a City-sponsored and coordinated program for the purpose of facilitating vehicular tourist and pedestrian traffic to local tourist destinations. ZZ. Wheeler Corridor Heavy Industrial Area: means the area within City limits, located east of Road L and zoned Heavy Industrial. AAA. Window or Door Sign: means a building sign that is suspended or mounted flush with an exterior window, or painted on a window or door, and directed outside. (Ord. 2719, 6/24/14; Ord. 2673, 2/26/13; Ord. 2652, 7/24/12; Ord. 2648, 4/10/12; Ord. 2625, 8/9/11; Ord. 2451, 4/14/09; Ord. 2144, 12/9/03; Ord. 2000, 12/12/00) 18.58.025 Calculation of Sign Area: The area of a sign is the smallest circle, square, or rectangle that encloses a sign face or the largest plane of a three-dimensional sign. The area of a double-face sign is the area of a single face. The area of a multiple-face sign (other than a double-face sign) is the sum of the areas of all sign faces. Only the sign portion of a structure, material, space, or device is calculated for the purpose of sign area, except that the area of a cabinet sign or sign in a frame or border shall be based on the outside dimensions of the cabinet, frame, or border. The area of multiple signs on a structure, material, space, or device is the sum of the areas of Moses Lake Council Packet 7-9-19, Page 157 all signs. The area of a sign with multiple messages is the smallest circle, square, or rectangle that encloses all of the messages. (Ord. 2144, 12/9/03; Ord. 2000, 12/12/00) 18.58.030 Sign Regulations: A. Only a sign as defined in Section 18.58.020.OO is subject to the provisions of this chapter. B. A sign type that is listed “A” in the following table is allowed to be displayed, subject to the applicable sign regulations listed in this section and in the table. C. A sign type that is listed “P” in the following table is prohibited from display, unless it is a non-conforming sign as provided in Section 18.58.090. D. A sign type that is listed “E” in the following table is exempt from the provisions of this chapter. E. A sign type that is not listed in the following table is not allowed to be displayed. F. A sign shall comply with applicable provisions of the State Building Code and Chapter 16.02 of this code entitled Building Permits. G. A sign is subject to Chapter 8.14 of this code entitled Nuisances. H. State law (RCW 70.54.090) prohibits the attachment of a sign to a utility pole. I. No sign is allowed on or over right-of-way except as approved by City Council for city streets. No sign is allowed within right-of-way of the interstate or primary system where there are no curbs. A sign may be allowed within right-of-way of the primary system where there are curbs and other streets, subject to the following conditions and circumstances: 1. A projecting sign is allowed over a sidewalk in right-of-way in the C-1 Zone and in the C-2 Zone where the building is not set back from right-of-way, provided that the sign does not project more than eighty percent (80%) of the distance between the right-of-way line and back of curb line, and there is a minimum of eight feet (8') vertical clearance under the sign 2. A political sign is allowed in right-of-way subject to the remainder of the applicable sign regulations in this section and in the following table. J. No permanent sign is allowed on or over a public utility easement. K. A permanent sign may be allowed over but not on a municipal easement, upon approval by the Municipal Services Director. L. Every sign shall be maintained in a safe and secure manner. A torn, broken, hazardous, dilapidated, or outdated sign, as determined by the Building Official, shall be repaired, replaced, or removed. M. The City Engineer shall review each application for a sign permit for sight distance. The City Engineer shall consider whether a sign would be located or constructed so as to obscure or obstruct an official traffic sign, signal, or device, or obstruct a motorist's view of approaching, merging, or intersecting traffic before approving or disapproving the application. Moses Lake Council Packet 7-9-19, Page 158 N. Internal or external sign lighting shall be shaded, hooded, site screened, or directed so that the light's intensity or brightness shall neither adversely affect adjacent or nearby property, nor create a public nuisance, nor create a traffic hazard. O. A sign may be located within the front or exterior yard (as defined in sections 18.06.630 and 18.06.650 of this title) but shall not be located in the interior side or rear yard (as defined in sections 18.06.650 and 18.06.640 of this title). P. Where electronic signs are allowed, the following conditions apply: 1. The message shall have a static display time of at least two (2) seconds after moving on to the signboard, with all segments of the total message to be displayed within ten (10) seconds. 2. Displays may travel horizontally or scroll vertically onto electronic signboards, but must hold in a static position for two (2) seconds after completing the travel or scroll. 4. Electronic signs requiring more than four (4) seconds to change from one (1) single message display to another shall be turned off during the change interval. 5. No electronic sign lamp may be illuminated to a degree of brightness that is greater than necessary for adequate visibility. In no case may the brightness exceed eight thousand (8,000) nits or equivalent candelas during daylight hours, or one thousand (1,000) nits (illuminative brightness measurement),or equivalent candelas between dusk and dawn. Signs found to be too bright shall be adjusted as directed by the City of Moses Lake. 6. Minimum height for the sign shall be thirteen feet (13') from grade of the adjacent roadway to the bottom of sign. 7. The sign background shall not be white in color. White lights shall not be used as the sign background. 8. Businesses, churches, or schools are allowed changeable signs providing that changeable displays in residential zones shall be turned off between the hours of 10 p.m. and 7 a.m. Q. No sign shall be erected or maintained if it is visible from the main traveled way of the interstate or primary system except as permitted by Washington Administrative Code Chapter 468-66 entitled HIGHWAY ADVERTISING CONTROL ACT or Revised Code of Washington Chapter 47.42 entitled HIGHWAY ADVERTISING CONTROL ACT - SCENIC VISTAS ACT. R. Signs constructed of temporary sign materials, as defined in Section 18.58.010.TT, shall not be used as a permanent sign. Any sign that does not currently meet this standard must be removed within ninety (90) days. Moses Lake Council Packet 7-9-19, Page 159 SIGN REGULATIONS Sign Type Prohibited, Allowed, or Exempt Maximum Sign Height Maximum Sign Area Sign Permit Other Sign Regulations Abandoned P NA NA NA NA Architectural Appendage A Sign may be flush- mounted or suspended under the architectura l appendage see Building sign R Sign allowed only in commercial and industrial zones. If the sign is suspended, there shall be at least 8' clearance above grade. Billboard P NA NA NA NA Building See specific types of building signs See specific types of building signs The total area of building signs shall not exceed 25% of the overall area of each facade . None of this allowance is transferable from one facade to another facade. No individual building sign shall exceed 15% of the overall area of a facade. See specific types of building signs Sign allowed in commercial, industrial, agricultural, and municipal airport zones. Allowed in R-3 Zone on a site with a conditional use, with review and approval of the Planning Commission according to Section 18.58.110 of this chapter. Changeable Copy A 25' for Free-standing, Freeway or Freeway Interchange sign, or wall height for Wall sign See Building, Freeway or Freeway Interchange, Free-standing, or Temporary Free-standing or Portable sign R Sign allowed only in commercial and industrial zones. Community A See Building or Free-standing signs. See Building, Free-standing, and Temporary Free-standing or Portable signs for other sign area regulations. R if free- standing sign; NR if building sign Sign allowed only in commercial, industrial, and public zones. Sign shall be temporary. Moses Lake Council Packet 7-9-19, Page 160 Sign Type Prohibited, Allowed, or Exempt Maximum Sign Height Maximum Sign Area Sign Permit Other Sign Regulations Construction A 8' 32 sq. ft. per street frontage per construction site NR Sign may be erected a maximum of 30 days prior to start of construction, and shall be removed within 30 days after the end of construction. Sign shall be non-illuminated. Limited to one sign per street frontage per site. Dilapidated or hazardous condition as determined by Building Official P NA NA NA NA Directional - Commercial A 6' for Free- standing sign; same as for Wall sign. 8 sq. ft. per sign R Sign allowed only in commercial zones Directional - Industrial A 15' for Free-standing sign; same as for wall sign 55 sq. ft. per sign R Sign allowed only in industrial zones Directory A Same as for Free- standing, and Freeway or Freeway Interchange sign See Building, Freeway or Freeway Interchange, or Free-standing sign R Sign allowed only in commercial and industrial zones, or on a site with a conditional use in the R-3 Zone. Prior to issuance of a sign permit, a sign for a conditional use in the R-3 Zone shall require Planning Commission review and approval according to Section 18.58.110 of this chapter. Electronic A 25' 50 sq. ft. per site. Area of electronic signs is included within the maximum area allowed for free-standing or building signage R Sign allowed only in Commercial, Industrial, and Public Zones. Additional requirements for electronic signs are found in Section 18.58.030, Sign Regulations. Electronic signs must also meet the requirements for the type of sign (free-standing or building). Flashing P NA NA NA NA Moses Lake Council Packet 7-9-19, Page 161 Sign Type Prohibited, Allowed, or Exempt Maximum Sign Height Maximum Sign Area Sign Permit Other Sign Regulations Freeway or Freeway Interchangeor Wheeler Corridor Heavy Industrial A 45' 350 sq. ft. per site R Allowed only in commercial and industrial zones. Wheeler Corridor signs allowed only in the Wheeler Corridor Heavy Industrial Area. Off-site signs shall not be allowed. Free-standing A 25' 150 square feet per site in a commercial or industrial zone, except that a site which has street frontage exceeding 300 lineal feet is allowed 150 square feet per increment of 300 lineal feet of street frontage. A site where there is a conditional use in the R-3 Zone is allowed any combination of free-standing and building signs not to exceed a total of 12 square feet, except as provided in Other Sign Regulations in this row. R Sign allowed only in commercial and industrial zones or on a site where there is a conditional use in the R-3 Zone. A site without street frontage shall be limited to one free-standing sign structure. The number of free-standing sign structures that are allowed on a site with street frontage shall be limited to two per increment of 300 lineal feet of street frontage. If a site exceeds one free-standing sign structure, then the structures shall be separated a minimum of 100 lineal feet. Landscaping (as defined in section 18.57.030.A of this title) is required around the base of a new free-standing sign. The landscaping perimeter for a pole sign shall be not less than the largest sign dimensions as vertically projected to the ground. The landscaping perimeter for all other free-standing signs shall be not less than 1' larger than the base of the sign structure. Prior to issuance of a sign permit, a free-standing sign on a vacant site, or where there is a conditional use in the R-3 Zone, shall require Planning Commission review and approval according to Section 18.58.110 of this chapter. Garage Sale A NA NA NR Sign allowed in all zones. The sign shall not be displayed for more than four consecutive days. Moses Lake Council Packet 7-9-19, Page 162 Sign Type Prohibited, Allowed, or Exempt Maximum Sign Height Maximum Sign Area Sign Permit Other Sign Regulations Government Flags E NA NA NA NA Home Occupation A Same as for Wall sign 2 sq. ft. per residential dwelling unit with home occupation license R Sign shall be a non-illuminated wall sign. Limited to one sign per residential dwelling unit with home occupation license. Incidental A Same as for Wall, Freeway, Freeway Interchange, and Freeway signs 2 sq. ft. per sign NR Shall be non-illuminated and on-site. Monument A 8' Same as for Free-standing Sign R Sign allowed only in commercial and industrial zones Non-conforming See Section 18.58.090 for limitations on non-conforming signs Official Sign or Legal Notice E NA NA NA NA Open, Closed, Business Hours, Address, or Greeting E NA NA NA NA Political (candidate or issue) A 8' 32 square feet per sign NR Shall be removed within 10 days after an election. May be located on private property with permission from property owner. May be placed in right-of-way adjacent to the private property of the abutting land owner and only with the permission of the private property owner/abutting land owner, provided that it is not in a location or condition that is prohibited. Private Warning/ Directional E NA NA NA NA Moses Lake Council Packet 7-9-19, Page 163 Sign Type Prohibited, Allowed, or Exempt Maximum Sign Height Maximum Sign Area Sign Permit Other Sign Regulations Projecting Sign A Same as for Wall or Architectura l Appendage sign See Building sign R See Section 18.58.030 I of this chapter Public Facility Directional Sign A 8' 35' sq. ft. R Sign allowed only in the public zone Public or Recreational Identification A Same as for Free-standing or Building sign See Free- standing or Building sign R Allowed in commercial, industrial, and public zones Public Zone (other than Public or Recreational Facility Identification signs) A Same as for Free-standing or Building sign see Free-standing or Building sign R Requires Planning Commission approval according to Section 18.58.110. Real Estate - Other A 8' for Free-standing Sign; wall height for Building Sign 32 sq. ft. per sign NR Shall be non-illuminated. Shall be removed from display within five days after sale, lease, or rent. Real Estate - Residential Lot A 8' 6 sq. ft. per sign NR Shall be non-illuminated. Shall be removed from display within one day after sale, lease, or rent. Residential Identification A 8' 32 sq. ft. per site R Allowed in residential zones. Requires Planning Commission review and approval according to Section 18.58.110 of this chapter. Residential Subdivision A 8' 32 sq. ft. per residential subdivision, manufactured home binding site plan or residential planned development R N/A Roof A 10' above roof height See Building sign R Allowed in commercial and industrial zones. Moses Lake Council Packet 7-9-19, Page 164 Sign Type Prohibited, Allowed, or Exempt Maximum Sign Height Maximum Sign Area Sign Permit Other Sign Regulations as measured from intersection of the roof and lowest point of the sign, sign structure, or point of attachment Sandwich Board A 4' 8 sq. ft. each face R Sign allowed only in commercial and industrial zones. May be located in right-of-way adjacent to the site that is the object of the sign with Community Development Department approval. Otherwise, sign shall be on-site. Shall be removed from display at the end of each business day. Sign which could be confused with or obstructs the view of a traffic sign or signal, as determined by City Engineer P NA NA NA NA Sign which restricts ingress to or egress from a building P NA NA NA NA Sign on vehicle other than Vehicle sign P NA NA NA NA Moses Lake Council Packet 7-9-19, Page 165 Sign Type Prohibited, Allowed, or Exempt Maximum Sign Height Maximum Sign Area Sign Permit Other Sign Regulations Temporary Sign- Flag (includes feather, teardrop, and blade shaped signs attached to a single vertical pole) A 15' 32 sq. ft. per sign. Two signs per site are allowed except where a site which has street frontage exceeding 300 lineal feet is allowed one additional 32 sq. ft. sign per increment of 300 lineal feet of street frontage. R- one time per location. Ownership change or change of business license require s new sign permit Allowed only in commercial and industrial zones. Signs shall be specific to an event for a time period not to exceed 30 days. The sign shall be anchored. When broken, torn, worn, or dilapidated, the sign shall be removed , repaired, or replaced. Shall be removed from display at the end of each business day. Temporary Sign on Fence A Height of fence 32 sq. ft. per street frontage NR Allowed only for community signs, as defined in this chapter Temporary Sign on free-standing structure or Portable A See Free-standing if on free-standing structure; 8' height if portable 32 sq. ft. per street frontage per site. If no street frontage, then 32 sq. ft. per site. The total sign area shall be restricted to one, contiguous, designated area per street frontage. The designated area shall not exceed 12 lineal feet parallel to street frontage. R - one time per location. Ownership change of business license requires new sign permit. Allowed only in commercial and industrial zones. Sign shall be repaired, replaced, or removed when torn, worn, broken, or dilapidated. Sign shall be specific to a product or event, and shall not include the business name or hours. Off-site signs shall not be allowed, except that the Planning Commission may allow a temporary sign on a vacant site pursuant to 18.58.100. Temporary Gas Pump A NA 2 sq. ft. per sign, one sign per dispenser NR NA Temporary Sign On Wall A Same as Wall sign See Building sign Signs shall be framed. One NR Allowed only in commercial and industrial zones. Sign shall be repaired, replaced, or removed when torn, worn, Moses Lake Council Packet 7-9-19, Page 166 Sign Type Prohibited, Allowed, or Exempt Maximum Sign Height Maximum Sign Area Sign Permit Other Sign Regulations sign per building allowed if unframed. broken, or dilapidated. Sign shall be specific to a product or event, and shall not include the business name or hours. Off-site signs shall not be allowed. Signs shall not be located on out buildings. Traffic Control E NA NA NA NA Vehicle A Flush- mounted to vehicle NA NR Non-illuminated Wall A The sign shall be contained within the outline of the facade. See Building sign R NA Wayfinding A N/A N/A R Signs shall not create traffic, pedestrian, or other safety hazards, and shall comply with state traffic guidelines. Signs installed must be consistent with the provisions of the Destination Development, Inc. for the branding, marketing, and signage identification. The size, type, and locations of a sign should be compatible with the area in which it is being proposed. Window or Door A The sign shall be contained within the perimeter of the window or door See Building sign NR for tempor ary sign; R for permanent sign NA A = Allowed E = Exempt NA = Not Applicable NR = Not Required P = Prohibited R = Required (Ord. 2677, 3/26/13; Ord. 2673, 2/26/13; Ord. 2652, 7/24/12; Ord.2648, 4/10/12; Ord. 2625, 8/89/11; Ord. 2617, 6/14/11; Ord. 2451, 4/14/09; Ord. 2401, 6/10/08; Ord. 2144, 12/9/03; Ord. 2000, 12/12/00) 18.58.040 Sign Work Exempt From Sign Permit: The replacement of the face or faces of a cabinet sign, maintenance of a sign or sign structure (by repair, replacement of parts, cleaning, or touch-up), and sign removal without any sign installation is exempt from the requirement for a sign permit. (Ord. 2144, 12/9/03; Ord. 2000, 12/12/00) Moses Lake Council Packet 7-9-19, Page 167 18.58.050 Sign Permit Requirements: A new sign or sign structure, or the replacement of an existing sign or sign structure, shall require an application for city review and issuance of a sign permit prior to work, except for types of signs that do not require a permit as listed in Table A, or sign work that is exempt from a sign permit. The application shall include: 1. Two (2) copies of a scaled drawing of the site plan which shows the site boundary, sidewalk and curb, driveways, buildings, other relevant site development or site limitations, and the location of the proposed building or free-standing sign or signs. The location of free-standing signs should be shown as dimension lines from nearest lot or parcel boundaries. 2. Two (2) copies of scaled plans and elevations of the sign work, including sign and sign structure dimensions, sign height, structural detail, description, drawing, or picture of the sign copy, footing details, method of sign attachment to sign structure, building, or architectural appendage, illumination, specifications, and calculations for wind loads. 3. An inventory of each and every existing sign on the site, including a description of the sign copy, type of sign, and sign dimensions. 4. The Building Official may waive the submission of plans, specifications, and calculations when the structural aspect is of minor importance. 5. A completed application with an inventory of each and every sign that will be installed or removed, and the type of sign. (Ord. 2144, 12/9/03; Ord. 2000, 12/12/00) 18.58.060 Interpretations and Rulings: Recognizing that there may be ambiguities in any chapter and that it may be necessary to obtain an interpretation or ruling regarding intent, interpretation, or definition, the Community Development Director may forward a request to the Planning Commission for an interpretation or ruling regarding the application of the provisions of this chapter to any existing or proposed sign. (Ord. 2000, 12/12/00) 18.58.070 Appeals: Any decision made by any administrator, officer, board, or commission in carrying out the provisions of this chapter may be appealed as provided for in Chapter 20.11 of the Moses Lake Municipal Code. (Ord. 2144, 12/9/03; Ord. 2000, 12/12/00) 18.58.080 Variances: The Hearing Examiner shall hear and decide any request for a variance from the sign regulations contained in this chapter in accordance with Chapter 18.80 of this title. (Ord. 2144, 12/9/03; Ord. 2000, 12/12/00) 18.58.090 Non-conforming Sign: Any non-conforming sign may continue to be maintained and used in compliance with Chapter 18.69 of the Moses Lake Municipal Code entitled, "Non-Conforming Uses". Any non-conforming sign which has been abandoned at least six (6) months shall be removed or conform to the applicable sign regulations of this chapter. (Ord. 2144, 12/9/03; Ord. 2000, 12/12/00) 18.58.100 Sign for Non-Conforming Use: Any proposed sign for a non-conforming use may be allowed after review and approval by the Planning Commission upon a finding that the sign will be compatible with surrounding land uses. Conditions may be attached to an approval. (Ord. 2144, 12/9/03; Ord. 2000, 12/12/00) 18.58.110 Planning Commission Review and Approval: Any sign in this chapter that requires Planning Commission review may be approved by the Commission upon findings that the sign meets the purpose of this chapter and the sign will comply with applicable sign regulations. Conditions may be attached to an approval. (Ord. 2144, 12/9/03; Ord. 2000, 12/12/00) 18.58.120 Violation: Upon occurrence of a violation of the provisions of this chapter, the Code Enforcement Officer shall notify the responsible person representing the sign in violation that a violation of this chapter exists. A Notice of Violation and Order to Correct or Cease Activity as provided in Chapter 18.80 of this Title shall be issued. (Ord. 2315, 3/27/07; Ord. 2144, 12/9/03; Ord. 2000, 12/12/00) Moses Lake Council Packet 7-9-19, Page 168 18.58.130 Enforcement: The Code Enforcement Officer may cause the removal or demolition of an illegal sign or for failure to comply with a Notice of Violation upon seven (7) days written notice. After removal or demolition of the sign, a notice shall be mailed to the sign owner stating the nature of the work and the date on which it was performed and demanding payment of the costs as certified by the Building Official. If the amount specified in the notice is not paid within thirty (30) days of the notice, the city may institute a civil action to recover its costs. The owner of the property upon which the sign is located shall be presumed to be the owner of all signs thereon unless facts to the contrary are brought to the attention of the Code Enforcement Officer. (Ord. 2315, 3/23/07; Ord. 2144, 12/9/03; Ord. 2000, 12/12/00) 18.58.140 Conflict: If any provision of this chapter is found to be in conflict with any other provision of any local, state, or federal regulations, the provision which establishes the higher standard shall prevail. (Ord. 2144, 12/9/03; Ord. 2000, 12/12/00 Moses Lake Council Packet 7-9-19, Page 169 Moses Lake Council Packet 7-9-19, Page 170 CHAPTER 18.65 MANUFACTURED HOME PARKS Sections: 18.65.010 Intent 18.65.020 Binding Site Plan 18.65.030 Permitted Uses and General Requirements 18.65.040 Manufactured Home Parks - Where Permitted 18.65.050 Prohibited Uses 18.65.060 Density 18.65.070 Park size 18.65.080 Setbacks and Separations 18.65.090 Walkways 18.65.100 Screening 18.65.110 Landscaping and Park Maintenance 18.65.120 Space Numbering 18.65.130 Signs 18.65.140 Parking Requirements 18.65.150 Utility Requirements 18.65.160 Common Open Space 18.65.170 Building Height 18.65.180 Structures Over Public Easements or Right-of-Way 18.65.190 Use Impacts 18.65.200 Storage Area 18.65.210 Drainage and Storm Water Control 18.65.220 Roads and Streets 18.65.230 Skirting 18.65.240 Lighting 18.65.250 Additions and Separate Accessory Buildings or Structures 18.65.260 Satellite Receiving Antennas 18.65.270 Shoreline Areas 18.65.280 Park Administration 18.65.290 Permit 18.65.300 Set Up 18.65.310 Insignia Requirement 18.65.320 Variances 18.65.330 Interpretations and Rulings 18.65.340 Appeals 18.65.350 Issuance of a Business License or a Certificate of Occupancy 18.65.360 Non-Conforming Use 18.65.010 Intent: The purpose of this ordinance is to provide a means for the establishment and operation of manufactured home parks within the City of Moses Lake; to ensure a suitable living environment for owners of manufactured homes located within manufactured home parks; and, to establish standards to promote the health, safety, and general welfare. (Ord. 2144, 12/9/03; Ord. 1315, 1988) 18.65.020 Binding Site Plan: Manufactured home parks shall be established pursuant to the provisions of this chapter and Chapter 17.25 of the Moses Lake Municipal Code entitled "Binding Site Plan". (Ord. 2464, 5/12/09; Ord. 2144, 12/9/03; Ord. 1315, 1988) 18.65.030 Permitted Uses and General Requirements: Subject to the provisions of this chapter, the following uses are permitted in a manufactured home park: A. Manufactured home units. Moses Lake Council Packet 7-9-19, Page 171 B. Additions to manufactured home units. C. Accessory structures or buildings. D. Recreational facilities located within the manufactured home park and intended solely for the use of the residents or the residents guests. E. Bulk storage areas for materials and equipment owned by residents and located within the manufactured home park and limited to use by the residents. F. Buildings and structures necessary for the operation of a public utility. G. Home occupations in compliance with Chapter 18.55 of this title. H. No space shall be rented or leased within a manufactured home park except for a manufactured home unit. I. The sale of manufactured home spaces within a manufactured home park is prohibited. Manufactured home park Binding Site Plans shall not authorize the sale or transfer of ownership of a space or spaces within a manufactured home park. J. No person, company, or corporation shall establish a new manufactured home park without first complying with the provisions and standards of this chapter and obtaining all necessary permits and approval. (Ord. 2144, 12/9/03; Ord. 1566, 1993; Ord. 1315, 1988) 18.65.040 Manufactured Home Parks - Where Permitted: Manufactured home parks are permitted in the R-2, Single Family and Two Family Residential Zone, and the R-3, Multi-family Residential Zone as a conditional use subject to review and approval of the Planning Commission and in compliance with the standards and requirements of this chapter and the standards of the underlying zone. The standards and requirements of this chapter shall supersede the standards and requirements of the underlying zone. (Ord. 2144, 12/9/03; Ord. 1315, 1988) 18.65.050 Prohibited Uses: Any use not expressly permitted outright or as a conditional use in this chapter shall be prohibited, including but not limited to the following examples. A. Commercial uses except as provided in this chapter. B. Industrial uses. C. Keeping of livestock, poultry, rabbits, or bees. D. Occupancy of recreational vehicles E. Public nuisances as defined in Chapter 8.14. F. Outside storage , collection, or dumping of dismantled, partly dismantled, or wrecked vehicles, trailers, machinery or their parts. G. Outside storage or collection of any junk, scrap, garbage, unsightly material, litter, or debris. H. Abandoned sheds or buildings in a state of disrepair. I. Any use which does not or is not capable of conforming with the requirements of this chapter. (Ord. 2144, 12/9/03; Ord. 1315, 1988) Moses Lake Council Packet 7-9-19, Page 172 18.65.060 Density: Manufactured home parks shall be developed at a density of not more than ten (10) dwelling units per acre. (Ord. 2144, 12/9/03; Ord. 1315, 1988) 18.65.070 Park Size: There shall be no minimum or maximum required manufactured home park size. (Ord. 2144, 12/9/03; Ord. 1315, 1988) 18.65.080 Setbacks and Separations: Setbacks and separations in the manufactured home park shall be as follows: A. Set Backs: 1. The set back from a private road shall be ten feet (10') exclusive of hitches or towing devices. 2. The set backs from a public right-of-way shall be fifteen feet (15'). 3. The set back from the exterior park boundary not abutting upon a public right-of-way shall be ten feet (10'). Except that separate accessory buildings or structures attendant to a manufactured home unit may be located not closer than five feet (5') from the exterior property line of a manufactured home park not abutting upon a public right-of-way. 4. Attached or free standing additions to a manufactured home unit including carports, awnings, storage rooms, habitable rooms, and other similar structures or buildings shall be considered to be a part of the manufactured home unit for set back purposes. 5. Open stairs, decks, and landings no higher than the floor level of the manufactured home unit may encroach to within five feet (5') of a private road, public right-of-way, or from the exterior park boundary. B. Separations: 1. Manufactured home units and habitable additions thereto having a minimum 2 x 4 stud and sheet rock exterior wall construction or equal fire resistive wall construction shall maintain a minimum ten foot (10') separation from one manufactured home unit to another manufactured home unit of similar construction. Manufactured home units of lesser fire resistive exterior wall construction shall maintain a twenty foot (20') separation from one manufactured home unit to another manufactured home unit. 2. Attached or free standing non-habitable additions appurtenant to a manufactured home including stairs, decks, landings, awnings, carports, storage rooms, and other structures or buildings shall maintain a six foot (6') separation from another manufactured home. 3. Separate accessory buildings or structures shall not be located closer than six feet (6') from its attendant manufactured home or additions except as may be permitted by the State Building Code. 4. Separate accessory buildings or structures attendant to one manufactured home unit shall not be located closer than six feet (6') from another manufactured home unit and its attendant additions or accessory buildings or structures. (Ord. 2144, 12/9/03; Ord. 1826, 10/27/98; Ord. 1739, 1996; Ord. 1315, 1988) 18.65.090 Walkways: The manufactured home park shall contain designated hard surface pedestrian walkways to and from all service and recreation facilities; and between locations where pedestrian traffic might interfere with vehicular traffic. (Ord. 2144, 12/9/03; Ord. 1315, 1988) 18.65.100 Screening: The manufactured home park shall be enclosed on all sides with a permanently maintained Moses Lake Council Packet 7-9-19, Page 173 sight obscuring fence, wall, berm, or combination thereof six feet (6') in height and tapering to a maximum of four feet (4') in height at the park entrances as approved by the City Engineer to ensure adequate sight distance. (Ord. 2144, 12/9/03; Ord. 1315, 1988) 18.65.110 Landscaping and Park Maintenance: Landscaping shall comply with Chapter 18.57 of this title. All natural and artificial barriers, driveways, lawns, trees, landscaping, buildings, occupied and unoccupied manufactured home spaces, recreation areas, and open spaces shall be continually maintained. (Ord. 2144, 12/9/03; Ord. 1948, 5/9/00; Ord. 1315, 1988) 18.65.120 Space Numbering: Every manufactured home space shall be identified with an individual number in logical sequence which is uniformly located and clearly visible from the private street and so shown on the official binding site plan. (Ord. 2144, 12/9/03; Ord. 1315, 1988) 18.65.130 Signs: Signs identifying the manufactured home park shall conform to the applicable sign ordinance. (Ord. 2144, 12/9/03; Ord. 1315, 1988) 18.65.140 Parking Requirements: A. There shall be provided and maintained on each manufactured home space at least two (2) parking spaces. Each parking space shall contain a minimum area of one hundred eighty (180) square feet with a minimum width of nine feet (9') and minimum length of twenty feet (20'). B. In addition to occupant parking, guest parking shall be provided within the manufactured home park at a ratio of not less than .25 parking spaces for each manufactured home space. Such parking shall be hard surfaced and reserved solely for guest parking. Such parking shall be conveniently arranged throughout the manufactured home park or provided in parking lanes. (Ord. 2144, 12/9/03; Ord. 1315, 1988) 18.65.150 Utility Requirements: A. All manufactured home parks shall provide permanent electrical, water, and sewage disposal connections to each manufactured home in accordance with the applicable federal, state, and local regulations. All sewage and wastewater shall be discharged into a public sanitary sewer system. B. All water, sewer, electrical, communication, and natural gas lines shall be installed underground except for access terminals and shall be approved by the agency or jurisdiction providing the service. Public utility shut off valves, meters, and regulators shall not be located beneath manufactured home units, additions, or accessory buildings or structures. (Ord. 2144, 12/9/03; Ord. 1315, 1988) 18.65.160 Common Open Space: A minimum of four hundred thirty-five (435) square feet per manufactured home unit shall be set aside and maintained as common open space for the manufactured home park. Such space and location shall be accessible and usable by all residents of the park. Parking space(s), driveways, storage areas, and private streets are not considered to be usable open space. The open space shall be of such grade and surface suitable for active or passive recreation. The following minimum ground area per manufactured home unit shall not be included as common open space: A. Single wide - 3,200 square feet B. Double wide - 4,300 square feet C. Triple wide - 5,400 square feet Deviation from the common open space requirements of this section may be permitted by the Planning Commission as a conditional use in compliance with Moses Lake Municipal Code Chapter 18.51, entitled "Conditional and Unmentioned Uses," and the provisions of this chapter. (Ord. 2144, 12/9/03; Ord. 1315, 1988) Moses Lake Council Packet 7-9-19, Page 174 18.65.170 Building Height: No building or structure shall exceed thirty feet (30') in height. (Ord. 2144, 12/9/03; Ord. 1315, 1988) 18.65.180 Structures Over Public Easements or Right-of-Way: No building or structure shall be placed or constructed over a public utility or municipal easement or over dedicated right-of-way, except that fences may be placed over a public utility or municipal easement to the city subject to permission from the City of Moses Lake. (Ord. 2144, 12/9/03; Ord. 1315, 1988) 18.65.190 Use Impacts: Uses within a manufactured home park shall not inflict upon adjacent property or upon adjacent manufactured home units smoke, dust, glare, odor, vibration, noise, electrical interference, or excessive hazard. Noise in a manufactured home park shall not exceed the standards set forth in Chapter 8.28 of the Moses Lake Municipal Code. (Ord. 2144, 12/9/03; Ord. 1315, 1988) 18.65.200 Storage Area: A bulk storage area shall be provided for the storage of materials and equipment owned by the residents of the manufactured home park. A minimum of three hundred square feet (300') of space exclusive of driveways shall be provided for every ten (10) manufactured home units. Bulk storage areas shall be contained within the manufactured home park. Access to the storage area shall be through the manufactured home park. Access to the storage area shall not be onto a public street. A six foot (6') high sight obscuring fence shall be erected and maintained around the perimeter of the storage area. The requirements of this section shall be waived when the manufactured home park developer/ owner agrees to prohibit storage of such items in the manufactured home park and such prohibition is inscribed on the face of the binding site plan. (Ord. 2144, 12/9/03; Ord. 1315, 1988) 18.65.210 Drainage and Storm Water Control: Storm water run off or drainage shall be controlled and contained on-site except where adequate off-site storm water drainage systems are available. Storm water runoff and/or drainage resulting from the manufactured home park must be controlled so that water will not flow onto a public sidewalk or onto adjacent property except when water flows in a natural course from one property to another. Drainage into a city street gutter must be approved by the City Engineer. Manufactured home parks shall provide for on-site or off-site detention or control of excess storm water or drainage resulting from the use. The manufactured home park shall not cause down stream property owners to receive storm water run off at a higher peak flow than would have resulted from the same event had the use or improvement not been present. (Ord. 2144, 12/9/03; Ord. 1315, 1988) 18.65.220 Roads and Streets: A. All interior roads for manufactured home parks shall be private roads. All private roads shall be designed and maintained to carry emergency vehicles. B. Private road access to the manufactured home park shall be consistent with the existing pattern of vehicular movement and parking on public streets. C. Public streets shall be constructed to city design standards current at the time of construction. D. Vehicular movement, parking, and private streets shall be in compliance with the approved binding site plan. E. Vehicular movement and parking generated from a new manufactured home park shall not exceed the design capacity of public collector or public minor streets serving the new development. F. There must be vehicular and pedestrian access from a dedicated and improved public street(s) to the manufactured home park. G. Private roads and parking lanes shall have hard surface depths as proposed by a licensed engineer and approved by the City Engineer. Moses Lake Council Packet 7-9-19, Page 175 H. Park roads and parking lanes shall have widths as follows: 1. One way roads shall be a minimum of twenty-two feet (22') in width. 2. Two way roads shall be a minimum of thirty feet (30') in width. 3. Parking lanes shall be a minimum of ten feet (10') in width. I. Parking lanes shall be hard surfaced. J. A cul de sac turn around shall have a minimum pavement width of twenty feet (20') and a minimum diameter of fifty feet (50'), exclusive of any parking area. (Ord. 2144, 12/9/03; Ord. 1315, 1988) 18.65.230 Skirting: All manufactured homes shall have compatible foundation fascia of fire and weather resistant material, which must be continually maintained. (Ord. 2144, 12/9/03; Ord. 1315, 1988) 18.65.240 Lighting: Outdoor lighting shall be provided to adequately illuminate internal streets and pedestrian walkways. Lights shall be sized and directed to avoid adverse impact from glare on adjacent property. (Ord. 2144, 12/9/03; Ord. 1315, 1988) 18.65.250 Additions and Separate Accessory Buildings or Structures: A. Additions to manufactured home units and separate accessory buildings or structures shall be constructed in compliance with the standards specified by local codes including the State Building Code, the State Mechanical Code, the State Plumbing Code, the State Fire Code, and the requirements of the Department of Labor and Industries as may be applicable. B. Additions and accessory buildings or structures shall maintain the set back and separation requirements of this chapter. C. Additions or accessory structures shall not exceed sixteen feet (16') in height. (Ord. 2462, 5/12/09; Ord. 2144, 12/9/03; Ord. 1315, 1988) 18.65.260 Satellite Receiving Antennas: Satellite receiving antennas shall be sited in compliance with the set back and separation standards of this chapter. (Ord. 2144, 12/9/03; Ord. 1315, 1988) 18.65.270 Shoreline Areas: All property developed within two hundred feet (200') of the high water mark of Moses Lake or its associated wetlands as defined by the city's Shoreline Management Master Plan, and any uses relying on the shoreline for such use, shall conform with the city's Shoreline Management Master Plan. (Ord. 2144, 12/9/03; Ord. 1315, 1988) 18.65.280 Park Administration: The owner and/or authorized operator of the manufactured home park shall be responsible for ensuring the maintenance of the manufactured home park and compliance with the provisions of this chapter. (Ord. 2144, 12/9/03; Ord. 1315, 1988) 18.65.290 Permit: Prior to the location, relocation, establishment, or initial occupancy of any manufactured home, the manufactured home owner or authorized representative shall obtain a set up permit from the Building Division of the Municipal Services Department. Application for the permit shall be on forms prescribed and furnished by the Building Division. The permit fee shall be established by the Building Division. Each permit issued by the Building Division shall be valid until the manufactured home is moved to another location. (Ord. 2144, 12/9/03; Ord. 1315, 1988) 18.65.300 Set Up: All manufactured homes shall be set up in accordance with the manufactures specifications and as required by the building official in accordance with any applicable federal, state, or local Moses Lake Council Packet 7-9-19, Page 176 regulations. (Ord. 2144, 12/9/03; Ord. 1315, 1988) 18.65.310 Insignia Requirement: All manufactured homes not established as a residence within the city prior to the effective date of this ordinance shall bear the insignia of approval by the State of Washington or the U.S. Department of Housing and Urban Development indicating compliance with the 1974 National Mobile Home Construction Safety Act, (effective June 15, 1976). (Ord. 2144, 12/9/03; Ord. 1315, 1988) 18.65.320 Variances: A. Zoning: A variance of the bulk standards, the performance standards, and the dimensional standards of this chapter may be obtained through the Hearing Examiner in compliance with the provisions of Chapter 18.80 of the Moses Lake Municipal Code entitled, "Hearing Examiner". B. Design: A variance of the city design standards or of the requirements of Chapter 17.18 of the Moses Lake Municipal Code entitled "Binding Site Plan" may be obtained in compliance with Moses Lake Municipal Code Chapter 17.33 entitled "Waivers, Deferrals, and Deviations". (Ord. 2578, 8/24/10; Ord. 2462, 5/12/09; Ord. 2144, 12/9/03; Ord. 1948, 5/9/00; Ord. 1315, 1988) 18.65.330 Interpretations and Rulings: Recognizing that there may be ambiguities in any ordinance and that it may be necessary to obtain an interpretation or ruling regarding intent, interpretation, or definition, the Community Development Director may forward a request to the Planning Commission for an interpretation or ruling regarding the application of the provisions of this chapter to any existing or proposed use. (Ord. 2144, 12/9/03; Ord. 1948, 5/9/00; Ord. 1315, 1988) 18.65.340 Appeals: Any decision made by any administrator, officer, board, or commission in carrying out the provisions of this chapter may be appealed as provided for in Chapter 20.11 of the Moses Lake Municipal Code. (Ord. 2144, 12/9/03; Ord. 1948, 5/9/00; Ord. 1315, 1988) 18.65.350 Issuance of a Business License or a Certificate of Occupancy: No certificate of occupancy or business license may be issued by the city for new development until the premises have been inspected by the Building Official and found to be in compliance with the provisions and requirements of this chapter. (Ord. 2144, 12/9/03; Ord. 1315, 1988) 18.65.360 Non-Conforming Use: Any land use, structure, lot of record or sign which was legally established prior to the effective date of this ordinance or subsequent amendment to it and which could not be permitted to be established as a new use in a zone in which it is located by the regulations of this ordinance, may be permitted to continue as a legal non-conforming use in compliance with Chapter 18.69 of this title, entitled "Non-Conforming Uses". (Ord. 2144, 12/9/03; Ord. 1315, 1988) Moses Lake Council Packet 7-9-19, Page 177 CHAPTER 18.74 CRYPTOCURRENCY MINING OPERATIONS, SERVER FARMS, AND/OR DATA CENTERS Sections: 18.03.010 Purpose 18.03.020 Development Requirements. 18.74.010 Purpose: The purpose of these provisions are in conformity with the responsibilities of the City of Moses Lake to meet health, safety, and general welfare requirements and provide zoning and land use regulations pursuant to state law, and the City’s authority to regulate land use activities within its corporate limits, for the regulations of cryptocurrency mining operations, server farms, and/or data centers. 18.74.020 Development Requirements: All cryptocurrency mining operations where allowed by the district use chart, shall meet the following standards unless otherwise regulated within this code: 1. Application for a business license shall be processed as an administrative approval without notice. 2. The use of cargo containers, railroad cars, semi-truck trailer and other similar storage containers for any component of the operation is only allowed in the Industrial zones as long as the unit is new, pre-engineered and certified by the Department of Labor and Industries. 3. Prior to approving the business license, the applicant shall provide written verification from the Grant County Public Utility District (PUD) stating the following: a. Adequate capacity is available on the applicable supply lines and substation to ensure that the capacity available to serve the other needs of the planning area are consistent with the normal projected load growth envisioned by the PUD. b. Utility supply equipment and related electrical infrastructure is sufficiently sized and can safely accommodate the proposed use; and c. The use will not cause electrical interference or fluctuations in line voltage on and off the operating premises. 4. Prior to any cryptocurrency mining, a copy of the Washington State Department of Labor and Industries electrical permit and written verification that the electrical work has passed a final inspection shall be provided to the City and the PUD. 5. Data centers and Cryptocurrency mining operations shall not occupy any grade level commercial street frontage. They may be located behind, below, or above existing or proposed storefronts. If a new structure is proposed for housing a date center it shall meet blank wall limitation standards found in this code, for all zones except Industrial. 6. All data centers and cryptocurrency mining operations, including all ancillary equipment/operations for purpose such as cooling, shall be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the surrounding properties and not cause the dissemination of dust, smoke, glare, hear, vibration or noise in excess of the maximum environmental noise level established by city code or WAC Chapter 173-60 beyond the property line or affecting adjacent building. Violation of these established noise levels will result in revocation of a City Business License pursuant to city code or any other applicable penalties. Moses Lake Council Packet 7-9-19, Page 178 7. Any operations of this natural shall not take place within the front 50% of a building within the C1 zone. 8. No façade shall have more than 20% of the area exposed with apparatus (ie. vents, fans, HVAC systems, etc.) 9. Any use or activity producing air, noise, exhaust, heat or humidity in the any form shall be carried on in such a manner that it is not perceptible at or beyond the property line. 10. Electric fields and magnetic fields shall not be created that adversely affect the public health, safety, and welfare, including but not limited to interference with the normal operation of equipment or instruments or normal radio, telephone, or television reception from off the premises where the activity is conducted. 11. Noise emanating from a use or activity within an industrial zone which exceeds the maximum permissible noise levels set forth in WAC 173.60.040 and this chapter shall not be permitted. Maximum Permissible Environmental Noise Levels from a Noise Source in an Industrial Zone: Property Receiving Noise by Zone Residential Commercial Industrial 60 dBA* 65 dBA 70 dBA 50 dBA* *Between the hours of 10 p.m. and 7 a.m. the noise limitations shall be reduced by 10 dBA for receiving property adjacent to residential zones. At any hour of the day or night the applicable noise limitations may be exceeded for any receiving property by no more than: 1. 5 dBA for a total of 15 minutes in any one hour period 2. 10 dBA for a total of 5 minutes in any one hour period 3. 15 dBA for a total of 1.5 minutes in any one hour period Exemptions to the maximum permissible noise levels cited in this chapter shall be as enumerated in WAC 173-60-050, Maximum Environmental Noise Levels Exemptions. Moses Lake Council Packet 7-9-19, Page 179