2019 0813 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
Study Session
August 13, 2019, 6 PM
Study Session – 6 pm
Budget Goals and Priorities
Presented by Kevin Fuhr, Interim City Manager
The purpose of the study session is to allow the City Council to discuss matters informally and in greater detail than permitted at formal
Council meetings. While all meetings of the Council are open to the public, study session discussions are generally limited to the
Council, staff, and consultants.
Regular Meeting Agenda
August 13, 2019, 7 PM
Call to Order – 7 pm
Roll Call
Pledge of Allegiance
Summary Reports:
Mayor’s Report
a. Appointment of Troy White to the Parks & Recreation Advisory Board
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
#1 North Central Regional Library System Strategic Planning – Barbara Walters, Executive Director
pg 3
Moses Lake Council Packet 8-13-19, Page 1
August 13, 2019, City Council Meeting – Page 2
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.
#2 pg 19
a. City Council Meeting Minutes dated July 23 and 29, 2019
b. Bills and Checks
c. Lakeshore Easements Resolution 3773
d. Nouryon Pulp and Performance Chemical Wastewater Discharge Permit
e. SGL Wastewater Discharge Permit
f. Award Coolidge Water Main Installation Bid
g. Reject Pioneer Sidewalk, Curb, and Catch Basin Bids
h. Award ADA Ramp and Stormwater Upgrades Bid
Old Business
#3 MLMC Title 18 Zoning Update Ordinance 2929 – Third Presentation Motion
pg 105 Presented by Kris Robbins, Community Development Director
Summary: Council to review and consider adoption
New Business
#4 Intent to Implement HB 1406 Affordable Housing Resolution 3774 Motion
Pg 209 Presented by Kevin Fuhr, Interim City Manager
Summary: Council to review and consider adoption
#5 Support .3% Sales Tax Initiative Resolution 3775 Motion
pg 213 Presented by Kevin Fuhr, Interim City Manager
Summary: Council to review and consider adoption
#6 6708 College Parkway Request to Connect to Water and Sewer Motion
Pg 217 Presented by Fred Snoderly, Municipal Services Director
Summary: Council to review and approve connection with an extra territorial agreement
Administrative Reports
Council Communications and Reports
Executive Session
Performance of a Public Employee pursuant to RCW 42.30.110(1)(g)
Adjournment
Moses Lake Council Packet 8-13-19, Page 2
Strategic Plan 2019 - 2021
Moses Lake Council Packet 8-13-19, Page 3
On November 8, 1960, rural
residents of our five-county service
area voted to create a regional
library system. For the previous two
years, the Columbia River Regional
Library Demonstration Project had
been operating bookmobiles in the
area – providing access to books
and building support for public
library service.
On January 19, 1961, the first board
meeting of our newly formed Inter-
County Rural Library District was held,
and the first item on the agenda was
adopting a name. The Chelan County
library district had been using the
name North Central Regional Library,
and as the new group would be taking
over its headquarters, keeping the
name made sense.
Fifty-eight years later, one thing has
become abundantly clear: our name
is confusing. From newspaper articles
dating back as far as the 1970s to current
partnerships with other organizations
– we are almost always referred to
incorrectly. While the word “Regional”
gets moved around or sometimes even
forgotten, “North Central Washington”
always sneaks its way in.
IDENTITY: What’s in a Name?
Moses Lake Council Packet 8-13-19, Page 4
We understand. The phrase
“North Central Washington” means
something to people. NCW is a
unique place, with a unique identity
– and we’re proud to call it home to
our 30 libraries, 2 bookmobiles, and
mail order service.
Our new name embraces this place
that we all have in common and
reflects our commitment to serve you.
Right here. Just as we always have.
NCW LIBRARIES
This change will take time. Please be patient
with us as we slowly roll out our new name in
our physical and digital spaces.
Moses Lake Council Packet 8-13-19, Page 5
Andrew Carnegie famously said, “A library outranks any other one thing
a community can do to benefit its people.” We wholeheartedly agree.
We are proud that the 30 public libraries and two bookmobiles we
operate in North Central Washington are connecting our diverse
populations with vital resources and opportunities. They are bringing
people together to create strong and resilient communities.
It is our desire that every person who enters our libraries feels welcome,
and every person engaging with us online is able to easily navigate the
myriad of resources we offer.
We feel privileged to have worked alongside the individuals whose
practical and visionary insights shaped this plan. We know it will
provide us with an invaluable guide over the next three years.
Cheers,
Dana & Gail
LETTER FROM THE BOARD
Dana Schmidt,
Board Chair
2017-2018
Gail Huntley,
Board Chair 2019
Working on the strategic plan required us all to cast aside
assumptions and doubts, stretch our imaginations, and think
about how we want our patrons to experience their library.
DENISE SOROM, BOARD OF TRUSTEES
Moses Lake Council Packet 8-13-19, Page 6
Our 2019-2021 Strategic Plan is firmly rooted in the idea that libraries
play a vital role in our communities. They provide free access to
education, information, and a wealth of resources in a safe environment.
Libraries are a lifeline – not a luxury – for many people.
Over the next three years, your library system will strive to fulfill this
promise. This plan will guide our decision making. It will focus our work
and keep us energized as we expand our offerings, build partnerships,
and find ways to serve more people than ever before.
It is critical work, and it will continue long after this plan ends. Our
long-term goal, which we are beginning here, is nothing less than to be a
library system that evolves alongside you. We want to continue listening
so that we can become ever more attuned to the needs of our patrons, our
communities, and our world at large.
I would like to extend my gratitude to everyone who helped make this plan
a reality. From elected officials and community leaders, to staff members
and residents, this is our common vision. Let’s turn it into reality.
Warm Regards,
Barbara
LETTER FROM THE DIRECTOR
Barbara Walters
Director
BOARD MEMBERS
GAIL HUNTLEY, CHAIR –––––––––––––––– GRANT COUNTY
KATHLEEN ALLSTOT –––––––––––––––––– GRANT COUNTY
JIM BRUCKER ––––––––––––––––––– OKANOGAN COUNTY
ALEC MCKAY –––––––––––––––––––––––DOUGLAS COUNTY
DENISE SOROM –––––––––––––––––––– CHELAN COUNTY
JIM MITCHELL –––––––––––––––––––––– CHELAN COUNTY
KATHERINE MEADE ––––––––––––––––––––FERRY COUNTY
Moses Lake Council Packet 8-13-19, Page 7
Together with our new mission and vision, our 2019-
2021 Strategic Plan provides a framework for the future
of our library system. And there is a lot to look forward to.
The five strategic directions, ten objectives, and twenty-
five goals we have adopted comprise an ambitious plan
that will keep us motivated and focused over the next
three years. We will be strengthening our core services,
building community partnerships, and aligning our
resources to provide more than we ever have before.
PLANNING FOR OUR FUTURE
IDENTITY / MISSION
Long Term VISION / DIRECTIONS
Medium Term OBJECTIVES / GOALS
Short Term
This strategic plan gives us a roadmap for delivering
services to all of the unique communities in NCW.
KATHLEEN ALLSTOT, BOARD OF TRUSTEES
Moses Lake Council Packet 8-13-19, Page 8
READINGS
»501 Consultants. NCRL Survey
Report. March 30, 2018.
»Aspen Institute Dialogue on
Public Libraries. Rising to the
Challenge: Re-Envisioning Public
Libraries. Washington, D.C., The
Aspen Institute, October 2014.
»Center for the Future of Libraries.
Trends. American Library
Association, www.ala.org/tools/
future/trends. Accessed August
2018.
»Lance, Keith Curry. “America’s
Star Libraries.” Library Journal,
vol. 142, no. 20, 2017, pp. 34.
»United for Libraries. A Library
Board’s Practical Guide to Strategic
Planning. Bryn Mawr, PA, United
for Libraries: A division of the
American Library Association,
March 2016.
TEAM PROCESS
We began our strategic planning
process in late 2016 by looking
outward. We developed a survey
that we distributed at our libraries
and online, and our librarians
held one-on-one interviews with
158 community leaders, partners,
and stakeholders. We surveyed
and interviewed members of our
staff, and sent all of the data we
gathered to be analyzed by 501
Consultants.
Strategic Planning Team
• Barbara Walters, Executive Director
• Angela Morris, Director of Public Service
• Kim Neher, Project Manager
• Aaron Payne, Senior Graphic Designer
• Courtney Tiffany, Wenatchee Branch Manager
• Daniel Klayton, Tonasket Librarian
• Emily Patterson, Curlew Librarian
• Suzy Nieto, Entiat Librarian
• Luke Ellington, Bookmobile Outreach Manager
• Dana Schmidt, Former Board Member
• Denise Sorom, Board Member
• Gail Huntley, Board Member
Other Contributors
• Brianna More, Human Resources Manager
• Chad Roseburg, Associate Director of IT
• Matt Neumann, IT & Systems Manager
• Abby Osborn, Children’s Services Manager
• Jessica Lynch, Teen Services Manager
• Amanda Brack, Adult Services Manager
• Erin Fischer, Staff Development Coordinator
• Sarah Fletcher, Library Systems Manager
• Betsey Stahler, Collection Development Manager
• Anni Ponder, Bilingual Outreach
• Heather Inczauskis, STEM Outreach Coordinator
• Aaron Loeffelbein, Branch Group Manager
• ...and ALL NCRL STAFF!
Planning was put on hold during a change of
leadership, and we resumed our work in the spring of
2018. We formed a strategic planning team to review
the community data we had gathered, research state
and national trends in public library service, and begin
developing a framework for our plan. Our Board of
Trustees used this information to draft new mission
and vision statements. In November, nearly 200 staff
members gathered to provide feedback and generate
ideas – which were then refined by the strategic
planning team, the administrative team, and at least
one representative from every department.
Moses Lake Council Packet 8-13-19, Page 9
MISSIONThe foundation for everything that we do.
Connecting the
people of North
Central Washington
to vital resources
and opportunities
that foster individual
growth and strengthen
communities.
Cashmere Library’s Beer & Bots event, held at Milepost 111 Brewery in Cashmere.Moses Lake Council Packet 8-13-19, Page 10
You Grow With Us
We keep you connected to our changing world and
your own curiosity. We listen and respond to your
wants and needs with dependable and evolving
services, entertaining and thought-provoking
content, culturally enriching activities, and access to
new technologies.
We Build Community Together
We celebrate the diversity of North Central
Washington, bringing together people of all
backgrounds and from all walks of life. Our
welcoming and comfortable facilities provide a place
for you to gather and exchange ideas – and we are
just as likely to meet you out in the community as in
one of our libraries. We work alongside you to build
partnerships, facilitate connections, and contribute to
your community’s sense of identity and civic vitality.
You Trust Us
We are a trusted resource for every
member of our diverse communities.
We provide you with exceptional
customer service from an unbiased
perspective and always respect your
right to privacy and intellectual
freedom.
You Learn With Us
When you need information, we
can help you find it. Whether you’re
teaching your child to read, learning a
new language, developing a new skill,
or updating your resume, our robust
collections and compelling programs
make lifelong learning fun.
VISION The future we can achieve, together.
Snake education program at the Winthrop Library with a U.S. Forest Service snake expert.
Moses Lake Council Packet 8-13-19, Page 11
STRATEGIC DIRECTIONTo achieve our vision, we will...
EMBRACE INNOVATION & CURIOSITY ––––––––––––––––1
ENHANCE USER EXPERIENCE –––––––––––––––––––––––2
ACTIVELY LISTEN & RESPOND –––––––––––––––––––––––3
CULTIVATE COMMUNITY PARTNERSHIPS –––––––––––––4
STRENGTHEN ORGANIZATIONAL HEALTH –––––––––––––5
Community discussion with author and musician Dar Williams at the NCRL Distribution Center.
These strategic directions take our mission and vision
statements on a transformative journey. They provide
clear priorities for the work we have ahead of us.
GAIL HUNTLEY, BOARD OF TRUSTEES
Moses Lake Council Packet 8-13-19, Page 12
OBJECTIVE 1.1
Spark curiosity and bridge the digital divide by
ensuring access to broadband internet and current technologies.
Current State
• Broadband usage in our service area is only 47.7% (compared
with 65.2% in Washington State), and some of our most rural
communities lack the infrastructure to expand affordable access.
• In our five counties, 15.8% of people are living below the poverty
line and 62% of children attending public school qualify for free or
reduced lunch due to low family income.
• People with lower incomes are less likely to have access to
technologies that allow them to fully participate in modern society
– whether they need to apply for a job, learn a new skill, or connect
with a loved one.
GOALS
»Partner with local governments and other organizations
that are interested in expanding rural broadband access
through statewide programs and initiatives. 2019-2021
»Offer a core set of technologies and devices at our
libraries for public use. 2020-2021
»Provide access to Microsoft Office and other software
on our public access computers. 2020-2021
1 Broadband usage is defined by the Federal Communications Commission (FCC)
as 25 Mbps or faster.
2 Microsoft. Microsoft Airband: An update on connecting rural America.
news.microsoft.com/rural-broadband/. 2018.
3 United States Census Bureau / American FactFinder. 2013-2017 American
Community Survey 5-Year Estimates.
4 Office of Superintendent of Public Instruction, Washington State, 2017-2018
Washington Public School Free and Reduced-Price Meal Eligibility Report.
5 United States Census Bureau / American FactFinder. 2013-2017 American
Community Survey 5-Year Estimates.
6 OECD, Time for the U.S. to Reskill?: What the Survey of Adult Skills Says.
doi.org/10.1787/9789264204904-en. 2013.
7 National Council for Adult Learning, Adult Education Facts That Demand Priority
Attention. www.ncalamerica.org/publications.html. 2015
8 Pew Research Center, Lifelong Learning and Technology. March 2016.
OBJECTIVE 1.2
Help our users navigate the world by providing
programs, services, and collections that inspire creativity, encourage innovation, and build literacy skills.
Current State
• In our five counties, 19.8% of people over the age of 25 do not have
a high school diploma or equivalent (as compared with 9.2% in
Washington State and 12.7% nationally).
• 1 in 6 adults in the United States have low literacy skills and
nearly one in three have weak numeracy skills. Nationally, low
literacy costs the U.S. $225 billion or more each year in non-
productivity in the workforce, crime, and loss of tax revenue due to
unemployment.
• In a national study, 74% of adults reported pursuing personal
learning in the last year, with 81% of them learning in physical
places like schools, community centers, and libraries. A large
majority of these adults said learning helped them feel more
capable and well-rounded, opened up new perspectives about their
lives, or made them feel more connected to their local community.
GOALS
»Develop individualized plans that outline how each
of our libraries will enhance their offerings in four
areas: community partnerships, access to resources,
programs, and services. 2020
EMBRACE INNOVATION & CURIOSITY
Moses Lake Council Packet 8-13-19, Page 13
OBJECTIVE 2.1
Provide access to experiences and materials by
developing evolving, welcoming, and easy-to-navigate spaces and service models.
Current State
• Our 30 libraries and 2 bookmobiles had over one million visits in
2018, but some of the spaces we occupy have accessibility issues or
otherwise don’t meet the needs of staff and the public.
• 53% of interviewed stakeholders mentioned infrastructure when
asked about pressing issues facing our library system, and 37%
prioritized building updates and more physical space when asked
what might increase use of the library in their community.
• With over 10,000 users and 29,000 sessions per month, our
online public access catalog receives more visitors than some of our
public libraries, but staff and library patrons have reported that it
can be difficult to navigate and use.
GOALS
»Conduct thorough facility condition assessments
to determine whether our library spaces meet
community and staff needs. 2019-2020
»Evaluate our integrated library system and online
public access catalog from both staff and patron
perspectives. 2019
»Define, explore, and engage a culture of service
excellence. 2020-2021
OBJECTIVE 2.2
Develop a cohesive and professional presence in our
communities.
Current State
• 66% of interviewed stakeholders believe that marketing and
community engagement will increase use of the library in their
community. The need to increase public awareness of library
services was specifically mentioned 50 times.
• We offer library card holders free access to 26 online resources,
including Rosetta Stone, Consumer Reports, and The New York
Times. However, only a small fraction of people in our service area
regularly use them, and 51% of respondents to our public survey
indicated that they were not aware we provided these resources.
• With 30 public library locations over five counties, we have a broad
reach. However, our librarians consistently report that people don’t
realize that their library is part of a larger system, or that their
library card provides access to the full scope of physical and digital
resources we provide.
GOALS
»Address gaps in public awareness by developing a
comprehensive communications plan that provides
direction for public relations, brand strategy, and
marketing efforts. 2019-2020
»Help people find connection and value in our entire library
system through an initial rebranding rollout. 2019-2020
9 NCRL Annual Use Report, Library Visits. 1,067,488 visits in 2018.
10 501 Consultants. NCRL Survey Report: Stakeholder Interviews. March 30, 2018.
11 NCRL Annual Use Report, Google Analytics: OPAC. 124,609 users and
348,926 sessions in 2018.
12 501 Consultants. NCRL Survey Report: Stakeholder Interviews. March 30, 2018.
13 NCRL Annual Use Report: Online Resources. 2018.
14 501 Consultants. NCRL Survey Report: Public Survey. March 30, 2018.
ENHANCE USER EXPERIENCE
Moses Lake Council Packet 8-13-19, Page 14
OBJECTIVE 3.1
Better understand and respond to the changing needs
and desires of our diverse communities – including non-users and underserved populations – by soliciting feedback and analyzing available data.
Current State
• At 14,497 square miles, our library system serves an area that is
roughly the size of Massachusetts and Connecticut combined. This
region includes agricultural and farming communities, tourist
destinations, towns of all sizes, and some of the most remote places
in Washington State.
• With 1,965 responses to our public survey, we heard from less
than 1% of the population we serve, and 94% of respondents were
already regular library users.
• In our five counties, 24% of people speak Spanish at home, and
46% of these Spanish speakers have limited English language
skills. However, only 0.02% (44) of the public survey responses we
received were in Spanish.
GOALS
»Develop a bilingual/bicultural advisory committee to
help us better serve Spanish-speaking populations. 2019
»Promote data-driven decision-making throughout
our organization by making internal and external data
points centralized, organized, and accessible. 2019-2021
OBJECTIVE 3.2
Expand our capacity to respond swiftly to acute needs
and changes within our communities.
Current State
• There have been more than 20 large wildfires in our five county area
over the past two years, many of which threatened homes and forced
the evacuation of thousands of people. Corresponding flooding and
other natural disasters have also had a widespread impact.
• All five of our counties have unemployment rates higher than
both state and national averages. At 11.9%, Ferry County’s
unemployment rate is the highest in Washington State.
• Employment options in our most rural communities are limited,
meaning that changes made by one major employer can lead to
community-wide issues such as joblessness and rising poverty rates.
GOALS
»Develop plans that define and address how we handle
emergencies in our libraries and how we support
acute needs in our communities. 2021
»Provide resources and training to help our staff connect
people in crisis with the resources they need (including
employment, housing, food, health, and more). 2021
ACTIVELY LISTEN & RESPOND
15 501 Consultants. NCRL Survey Report: Public Survey. March 30, 2018.
16 United States Census Bureau / American FactFinder. 2013-2017 American
Community Survey 5-Year Estimates.
17 501 Consultants. NCRL Survey Report: Public Survey. March 30, 2018.
18 Northwest Interagency Coordination Center, 2017 Annual Fire Report and NW
Large Incident Summary (YTD). gacc.nifc.gov/nwcc/predict/intelligence.aspx. 2018.
19 Employment Security Department, Monthly Employment Report December 2018.
esd.wa.gov/labormarketinfo/monthly-employment-report.Moses Lake Council Packet 8-13-19, Page 15
OBJECTIVE 4.1
Collaborate with civic leaders to further community
goals and address challenges.
Current State
• In interviews with our librarians, stakeholders repeatedly
emphasized their desire to partner with our library system to
better understand community needs and collaborate to meet them.
• When asked what their communities will need to be successful in
the future, over 50% of stakeholders spoke about a general lack
of resources, services, and learning opportunities to meet current
community needs.
• When asked how our library system could better serve our
communities, the most frequent response from our staff was to
encourage strong relationships with civic leaders and community
groups. However, many of our staff members have asked for
additional support in building these relationships.
GOALS
»Offer tools and training to staff on making
presentations to community groups. 2020
»Identify and regularly connect with key stakeholders
in each community. 2019
OBJECTIVE 4.2
Develop strategic partnerships to engage new users and
strengthen communities.
Current State
• Only 24.5% of people living in our service area have used their library
card to borrow an item from one of our libraries in the last two years.
• Over 30% of stakeholders noted a belief that our library system
needs to build partnerships to stay in touch with what their
communities need.
• Public survey respondents, staff, and stakeholders overwhelmingly
agreed that we should partner with school districts to provide
resources to parents and children.
• 26 of our 30 libraries have an active Friends of the Library group.
These volunteer-run organizations provide invaluable support to
their local libraries by fundraising and promoting library use in
their communities. Several Friends of the Library groups have led
capital campaigns and other efforts to renovate their local library.
GOALS
»Develop individualized plans that outline how each
of our libraries will enhance their offerings in four
areas: community partnerships, access to resources,
programs, and services. 2020
»Develop individualized community partnership plans
for all internal departments. 2020
»Improve communication with and demonstrate
appreciation for Friends of the Library groups. 2020
CULTIVATE COMMUNITY PARTNERSHIPS
20 501 Consultants. NCRL Survey Report: Stakeholder Interviews. March 30, 2018.
21 501 Consultants. NCRL Survey Report: Stakeholder Interviews. March 30, 2018.
22 501 Consultants. NCRL Survey Report: Staff Survey. March 30, 2018.
23 NCRL Annual Use Report: Active Borrowers. 63,234 active borrowers from 2017-2018.
24 501 Consultants. NCRL Survey Report: Stakeholder Interviews. March 30, 2018.
25 501 Consultants. NCRL Survey Report: Finding Summary. March 30, 2018.Moses Lake Council Packet 8-13-19, Page 16
OBJECTIVE 5.1Recruit and retain a workforce that reflects and is equipped to serve the diverse people of North Central Washington.
Current State
• By definition, public libraries are a resource for every member of the
community. However, access can be inadvertently limited if certain
populations do not feel welcome or accepted.
• 31% of people living in our service area identify as Hispanic or Latino.
• 24% of people living in our service area speak Spanish at home, but
only 9% of our regularly scheduled staff are able to speak Spanish
fluently for work.
• Only 0.02% of the public survey responses we received were in
Spanish, making it clear that we need to greatly increase our efforts
to connect with this population.
GOALS
»Offer a pay differential for staff that use Spanish
language skills for their work. 2019
»Investigate a learning mechanism for current staff to
gain Spanish language skills. 2019
»Provide ongoing cultural awareness, diversity, and
anti-bias training for all staff. 2019-2021
OBJECTIVE 5.2
Foster a culture that both maintains high standards of
integrity and accountability, and empowers staff to be creative and resilient.
Current State
• From Curlew in the north to Mattawa in the south, our libraries are
spread over a vast service area that is nearly 14,500 square miles.
• 20 of our 30 libraries have just one full- or part-time staff member
regularly scheduled to work.
• In 2018, we employed 116.64 FTE (full time equivalent staff) to
serve a population of 258,088, which is 19.2% lower than the
average public library staffing rate in Washington State.
• Our 2018 operating revenue per capita was just $45.93, while the
Washington State average for public libraries is $61.26.
• In 2018, we had 234 volunteers give 8,074 hours of their time to
our library system.
GOALS
»Provide ongoing skills training and development
opportunities that staff can access anywhere, any
time by selecting and deploying an online learning
platform. 2019-2020
»Improve internal communications through the
development of a comprehensive communications
plan. 2019-2020
»Develop comprehensive, position-oriented training
plans that are based on core competencies. 2019
»Develop a sustainable staffing plan that will help us
attract qualified candidates and provide exceptional
service in our communities. 2019-2021
»Establish a volunteer appreciation plan. 2021
STRENGTHEN ORGANIZATIONAL HEALTH
26 United States Census Bureau / American FactFinder. 2013-2017 American
Community Survey 5-Year Estimates.
27 United States Census Bureau / American FactFinder. 2013-2017 American
Community Survey 5-Year Estimates.
28 501 Consultants. NCRL Survey Report: Public Survey. March 30, 2018.
29 United States Census Bureau / American FactFinder. 2013-2017 American
Community Survey 5-Year Estimates.
30 Institute of Museum and Library Services, Public Libraries Survey:
Washington State Profile. Fiscal Year 2016.
31 Institute of Museum and Library Services, Public Libraries Survey:
Washington State Profile. Fiscal Year 2016.
32 NCRL Annual Use Report: Volunteers. 2018.Moses Lake Council Packet 8-13-19, Page 17
Connect With Us
ncrl.org | 800-426-READ | info@ncrl.org
16 N. Columbia St. Wenatchee, WA 98801
Socialize With Us
Moses Lake Council Packet 8-13-19, Page 18
MOSES LAKE CITY COUNCIL
July 23, 2019
CALL TO ORDER
The regular meeting of the Moses Lake City Council was called to order at 7 p.m. by Mayor
Liebrecht in the Council Chambers of the Civic Center, 401 S. Balsam St., Moses Lake,
Washington.
ROLL CALL
Present: Mayor Liebrecht; Deputy Mayor Curnel; Council Members Jackson, Myers, Leonard,
Riggs, and Hankins.
PLEDGE OF ALLEGIANCE
Grant County Sheriff Tom Jones led the Council in the Pledge of Allegiance.
SUMMARY REPORTS:
MAYOR’S REPORT Mayor Liebrecht thanked Grant County Sheriff Tom Jones and Interim City Manager Kevin Fuhr for taking her and Deputy Mayor Curnel on a tour of the jail facility on Monday.
CITY MANAGER’S REPORT New City Employee Interim Police Chief David Sands introduced and administered the oath of office to Police Officer Caitlin Carter.
PRESENTATIONS
City Manager Recruitment Process Greg Prothman, Owner of The Prothman Company, provided a written proposal to the Interim City Manager and highlighted the proposal contents to Council. If hired, he would plan to do a
national search, a dozen or more interviews to narrow to a small pool of candidates, facilitate an
open house for the public and candidates, coordinate interview panels, and conduct background investigations. (Council direction to staff was given during Administrative Reports)
Criminal Justice .3% Sales Tax Initiative Grant County Sheriff Tom Jones gave a PowerPoint presentation showing statistics and dollar
figures to substantiate the need for a new facility and additional staffing. Interim Police Chief
Dave Sands provided a draft wish list for City staffing if this initiative passes.
Action taken: Council Member Jackson moved to have staff bring back a resolution for Council’s support of the initiative, second by Council Member Leonard. The motion carried 7 – 0.
CONSENT AGENDA
#1 a. City Council meeting minutes dated July 9, 2019b.Claims in the amount of $673,900.38; claim checks in the amount of
Moses Lake Council Packet 8-13-19, Page 19
$1,265,867.45; prepaid claim checks in the amount of $37,060.46; and payroll checks in the amount of $478,521.17
c.Award 2019 Seal Coat Project Bidd.Award Stratford Rd Water Main Replacement Bide.Award Stratford Rd Signalization Project Proposalf, Crossroads North Phase VI Plat Improvements Resolution 3772
Action taken: Council Member Riggs moved to approve the Consent Agenda, second by Council Member Myers. The motion carried 7 – 0.
OLD BUSINESS
#2 MLMC 10.12.045 Prohibiting Parking on Sidewalks Ordinance 2928 – Second Presentation First presentation occurred on July 9. Changes are being presented to increase the penalty, decrease repeat violations, and to shorten the period for compliance. Council requested staff to take extra efforts to notify the public of the changes.
Action taken: Council Member Riggs moved to adopt Ordinance 2928, second by Council Member Hankins. The motion carried 7 – 0.
#3 MLMC Title 18 Zoning Update Ordinance 2929 – Second Presentation
First presentation occurred on July 9. The main purpose of the update is to add a new section relating to cryptocurrency mining operations, server farms, and data centers. The Planning Commission conducted a Public Hearing on June 13, 2019, and recommends approval of the amendments. Council suggested changes to bring back for consideration. There will also be a definition change to cryptocurrency as suggested by the City
Attorney. A few Council Members expressed concern of the expired moratorium and discussion ensued regarding the moratorium Work Plan.
Action taken: Council Member Hankins moved to set a new moratorium, based on the old one, for 90-days for Council to approve final amendments, second by Council Member Jackson. The
motion carried 5 – 2, Council Members Myers and Leonard were opposed.
NEW BUSINESS
#4 Electric Vehicle Charging Station Location Lease Options
Energy Northwest provided a presentation to Council on July 9 regarding the pilot project of installing charging stations statewide. Staff included a draft Interlocal Agreement in the meeting packet.
Action taken: Council Member Jackson moved to authorize the Interim City Manager to execute
the agreement with the location at the library and fee based on assessed value, second by Council
Member Hankins. The motion carried 7 – 0.
Moses Lake Council Packet 8-13-19, Page 20
ADMINISTRATIVE REPORTS
Community Development Director Kris Robbins advised Council that the Port of Moses Lake
has completed a Land Use Capacity Analysis for their request to the County to expand the Urban Growth Boundary. The study was provided to the City and will be used for the analyses that are needed as part of an impact fee process, as well as any modifications to the Urban Growth Area. This will be a $50k savings for the City. Staff will now focus on completing the remaining park and fire impact fee analyses.
Finance Director Cindy Jensen distributed the annual budget message and calendar for 2020. The biggest focus in the next cycle will be to implement wage adjustments that will result from the compensation study. She also advised that staff have fallen behind on the annual financial report due to the turnover in accounting positions and lack of efficiency with the financial
preparation software that has not been fully implemented. Staff wanted to inform Council of the need to hire an outside firm to complete the financial statements and to free up staff’s time in order to implement the new accounting software. There will be no need for a budget amendment due to the payroll breaks in filling vacant positions.
Interim City Manager Kevin Fuhr requested direction from Council on moving forward with the search for a new City Manager. Action taken: Mayor Liebrecht moved to authorize the Interim City Manager to execute a contract with The Prothman Company, second by Council Member Hankins. The motion carried
6 – 1, Council Member Leonard was opposed. COUNCIL COMMUNICATIONS AND REPORTS Council Member Riggs met with Interim City Manager Kevin Fuhr, Council Member Hankins
and representatives from the Housing Authority of Grant County to discuss solutions for homeless individuals and future funding opportunities under HB1406. A resolution will be presented to Council on August 13 for the City’s intent to implement HB1406 for affordable housing.
Council Member Leonard commended staff for the quality of the current exhibit at the museum named Bomber Boys. Mayor Liebrecht recognized Port of Moses Lake Executive Director Jeff Bishop for sharing their
recent study and findings. She expressed appreciation to the Port and Sheriff offices for working
with the city. ADJOURNMENT
The regular meeting was adjourned at 8:32 p.m.
______________________________________ Karen Liebrecht, Mayor
Moses Lake Council Packet 8-13-19, Page 21
ATTEST__________________________________ Debbie Burke, City Clerk
Moses Lake Council Packet 8-13-19, Page 22
MOSES LAKE CITY COUNCIL
Monday, July 29, 2019
CALL TO ORDER
The special meeting of the Moses Lake City Council was called to order at 7 p.m. by Mayor
Liebrecht in the Council Chambers of the Civic Center, 401 S. Balsam St., Moses Lake,
Washington.
ROLL CALL
Present: Mayor Liebrecht; Deputy Mayor Curnel; Council Members Jackson, Myers, Riggs, and
Hankins. Council Member Leonard participated via phone.
EXECUTIVE SESSION
Mayor Liebrecht called an Executive Session at 7 p.m. to be held for 20 minutes to discuss
performance of a public employee pursuant to RCW 42.30.110(1)(g) with no further business to
follow. Mayor Liebrecht made one extension for 20 additional minutes and a final extension for five minutes.
ADJOURNMENT
The special meeting was adjourned at 7:45 p.m.
______________________________________
Karen Liebrecht, Mayor
ATTEST____________________________________ Debbie Burke, City Clerk
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STAFF REPORT
To: Kevin Fuhr, Interim City Manager
From: Fred Snoderly, Municipal Services Director
Date: August 7, 2019
Proceeding Type: Consent Agenda
Subject: Resolution No. 3773 – Accept Easements for Lakeshore Drive
Reconstruction Project
Legislative History:
• First Presentation: August 13, 2019
• Second Presentation:
• Requested Action: Motion
Staff Report Summary
Staff requests that the City Council accept the easements given to the City of Moses Lake for
operation and maintenance of fire hydrants that are being moved due to the reconstruction of
Lakeshore Drive.
Background
With the reconstruction of Lakeshore Drive, it is necessary to relocate the existing hydrants to
behind the new sidewalk. Due to the narrow right of way in this area there is not enough room to
place the hydrants without going on to private property. Staff has acquired small area easements
from the adjacent property owners and we request they be accepted and staff will file the
easements with Grant County.
Fiscal and Policy Implications
None
Moses Lake Council Packet 8-13-19, Page 57
Options
Option Results
• Move to adopt the Resolution as
presented
Easements will be filed.
• Take no action The City will not have easements and will
have to relocate hydrants into the sidewalk
area.
Staff Recommendation
Staff recommends City Council adopt the Resolution as presented.
Attachments
A. Resolution 3773
Legal Review N-A
Moses Lake Council Packet 8-13-19, Page 58
RESOLUTION NO. 3773 A RESOLUTION ACCEPTING EASEMENTS TO THE CITY OF MOSES LAKE FOR LAKESHORE DRIVE RECONSTRUCTION PROJECT Recitals: 1. Resolution No. 238 provides all grants of real estate, or any interest therein, to the City of Moses Lake, shall not be accepted until a resolution has been duly passed by the City Council. 2. Six easements have been presented to the City from Don and Vera Kottowitz, Patrick Heeren, Moses Lake School District #161, Cleon and Elizabeth Claassen, Irma Willis, and Sean and Shilo Collette. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOSES LAKE AS FOLLOWS:
Easements for municipal purposes for the following described properties are hereby accepted by the City of Moses Lake: Attachment A - Kottowitz Attachment B - Hereen
Attachment C - MLSD Attachment D - Claassen Attachment E - Willis Attachment F - Collette ADOPTED by the City Council on August 13, 2019. ________________________________ Karen Liebrecht, Mayor
ATTEST:
_____________________________________ Debbie Burke, City Clerk
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STAFF REPORT
To:
From:
Date:
Proceeding Type:
Subject:
Kevin Fuhr, Interim City Manager
Fred Snoderly, Municipal Services Director
July 22, 2019
Consent Agenda
Renewal-Industrial Waste Discharge Permit No. 5, Nouryon Pulp
and Performance Chemicals LLC
Legislative History:
•First Presentation: August 13, 2019
•Second Presentation:
•Action:
Staff Report Summary
Attached is a copy of the proposed Industrial Waste Discharge Permit No. 5 for Nouryon Pulp and
Performance Chemicals LLC. Previously, this permit was under the name of Akzo Nobel. Staff
discussed the permit with representatives from Nouryon Pulp and Performance Chemicals LLC
and then prepared the waste discharge permit, which closely resembles the permit that has been
issued by the Department of Ecology (DOE). Pat Ealy, Plant Manager, has signed the proposed
permit.
Background
Nouryon Pulp and Performance Chemicals LLC is a significant user and is required to have an
industrial waste discharge permit from the DOE and the City of Moses Lake. All discharge permits
expire in five years and are required to be renewed to continue discharging to the City’s
wastewater system.
Fiscal and Policy Implications
There are no fiscal implications
Moses Lake Council Packet 8-13-19, Page 78
Options
Option Results
• Authorize the City Manager to
execute the permit.
The industry will continue to discharge their
wastewater to the City’s system.
• Take no action. The industry will have to pursue other options
for their wastewater.
Staff Recommendation
Staff recommends City Council approve and authorize the Interim City Manager to execute the
Industrial Waste Discharge Permit No. 5 for Nouryon Pulp and Performance Chemicals LLC.
Attachments
A. Industrial Waste Discharge Permit No. 5
Legal Review N-A
Moses Lake Council Packet 8-13-19, Page 79
CITY OF MOSES LAKE
INDUSTRIAL WASTE DISCHARGE PERMIT NO.5
Nouryon Pulp and Performance Chemicals LLC
2701 Road N N.E.
MOSES LAKE,WASHINGTON 98837
EFFECTIVE DATE:August 1,2019
EXPIRATION DATE:July 31,2024
INTRODUCTION
This wastewater discharge permit ishereby granted bytheCity ofMoses Lake,Washington,referred toastheCity,toNouryon Pulp
and Performance Chemical LLC,referred toasthePermitteer This permit is issued inconjunction with the Washington State
Department ofEcology Permit No.ST-0008078.This permit authorizes Nouryon Pulp and Performance Chemicals todischarge
process wastewater from their Moses Lake Plant into theCity's POTW in accordance with theconditions contained within thispermit.
Thepermitbecomeseffectiveas ofthe datesigned.
GENERAL CONDITIONS
1. All discharges andactivitiesauthorized hereinshallbe consistent withthetermsand conditions ofthispermit. The
discharge ofanypollutant morefrequently than,orata level inexcessof,that identified and authorized by,thispermitshall
constitutea violationofthetermsand conditionsofthispermit. Wheneverthe Permitteerefusesto take correctiveactionor
continues a violation,the imposition ofcivilpenaltiesor termination ofthispermitmayresult,or both.Termination ofthis
permitmayrequiredisposalof the processwastewaterinsome mannerotherthan intothe privateseweror sidesewer
tributary to the City's POTW at the expense ofthe Permittee.
2. Anyfacilitychangeswhichwillresultina significantdeviationin characterofpollutantsdischargedto the POTW,fromthat
herein specified,mustbe reported totheCity.Significant adverse deviations in character of pollutants shallbeapproved by
the Citybefore itsacceptance intothe sewer system. No significantchangeshall be made untilplans have been approvedand
a new or modifiedpermit has been issued. In no case are any new connections,increasedflows,or significantchanges in
wastewater characteristics permitted that will cause violation ofthe effluent limitations specified herein.
3. The diversion or bypass ofany discharge from any pre-treatment facility utilized by the Permittee to maintain compliance
with the terms ofthis permit is prohibited except where unavoidable to prevent loss oflife or severe property damage. The
procedure outlined in paragraph 4 ofthis General condition shall be followed in the event ofsuch a diversion or bypass to the
City system.
4. In the event the Permittee is unable to comply with any ofthe conditions ofthis permit because ofa breakdown of
equipment or facilities, due to actions on the part ofthe Permittee,the Permittee shall:
a. Take immediate action to stop, contain, and clean up the unauthorized discharge and correct the problem.
b. Immediately notify the City so steps can be taken to prevent damage to the POTW.
c. Submit a written report within fifteen (IS)business days ofoccurrence describing the breakdown, the actual quantity
and quality ofthe resulting waste discharge,corrective action taken, and the steps taken to prevent a recurrence.
d. Pay reasonable costs incurred by the City which are associated with a breakdown, accident, or other cause which can
be demonstrated as attributable to such event.
e. Pay a penalty for each occurrence ofnon-conformance with the conditions ofthis permit as established by city
ordinance.
NouryonPulpand Performance ChemicalsLLC Discharge PermitNo. 5
Page 1Moses Lake Council Packet 8-13-19, Page 80
GENERAL CONDITIONS (continued)
5.Compliance with theabove requirements does notrelieve thePermittee from responsibility tomaintain continuous
compliance with theconditions ofthispermit ortheresulting liability forfailure to comply.
6.The Permittee shall adequately maintain and efficiently operate alltreatment or control facilities orsystems installed orused
bythePermittee to achieve compliance with theterms andconditions ofthispermit.
7.After written notice ofone ofthefollowing,the Permittee has ten(10)days,from thedate ofthe notice,torequest a hearing
before theCity Council.Intheevent theCity Council determines a violation has occurred,thepermit may beamended,
suspended, or revoked in whole or in part.
a. Violationofanytermsor conditionsofthis permit.
b.Obtaining thispermitby misrepresentation or failureto fullydiscloseall relevant facts.
c. A change inanycondition thatrequires a permanent reduction orelimination of permanent discharge tothesewerage
system.
8. The Permittee shall,at all reasonable times,allow authorized representatives oftheCityto:
a. Enterthatportionofthe premisesby escortwheneverrequestedwhereaneffluentsourceor disposalsystemis
locatedor inwhichanyrecordsarerequiredto bekeptunderthetermsand conditions ofthispermit.
b. Inspectany monitoring equipment or monitoring method required bythispermit.
c. Sample any discharge ofpollutants.
d. Have immediate availability to test results and test methods.
9. Nothinginthis permitshallbe construedas excusingthe Permitteefromcompliancewithany currentfederal,state,or local
statutes, ordinances, or regulations. Should the State's Waste Discharge Permit be revised in a manner to cause more
stringentlimitationson the POTWdischarge,the requirementscontained hereinmay be revised after writtennotice.
10. The Permittee has ten (10) days to request a hearing before the City Council. The City will provide the Permittee an
opportunity for a hearing before the City Council ifrequested, and, dependent on the magnitude ofthe changes, the
Permittee, City, and DOE may negotiate a compliance schedule under which to make the changes necessary to come into
compliance with the more stringent limits.
11. This permit does not constitute authority for discharge into public waters ofWashington State. Any such discharge by the
Permittee shall be subject to applicable regulations administered by the Department ofEcology.
12. The costs incurred bythe City in handling, treating, monitoring, and disposing ofthe Permittee's process wastewater shall be
borne by the Permittee in the rate structure. The City may set forth the various fees in a separate ordinance.
13. The Permittee shall make application for permit renewal at least 180days prior to the expiration date ofthe permit. In the
event that the City does not respond within the allotted 180day period, the existing permit shall remain in force until the
revised permit is issued.
14. The Permitteeshall submit payment offees associatedwith this permit as set forth inthe fee scheduleadopted bythe City of
Moses Lake. The City may revoke this permit ifthe permit fees are not paid.
NouryonPulpand Performance ChemicalsLLC Discharge PermitNo. 5
Page 2Moses Lake Council Packet 8-13-19, Page 81
Effluent Limits
During theperiod ofthis permit,thePermittee is authorized todischarge process wastewater tothePOTW subject tothespecified
flow,concentration,andmonitoring requirements.Process wastewater shallbe monitored anddischarged tothePOTW andshallnot
exceed a maximum daily flow of 180,000 gallons perdayanda maximum monthly average of 150,000 gallons a day.Theeffluent
limitations forthedischarge tothePOTWareshowninTableOne,Effluent Limits,ofthis permit.
Effluent characteristic limitsnotlistedinthispermitshallbeassetforthinChapter13.05,SewerRegulations,andCityofMosesLake
Municipal Code as ofthe date ofthis permit.
Inordertomeettheeffluentlimitations,the Permittee shallprovidefacilities as specified herein.Whenrequired,pretreatment and
storage facilities shallbedesigned andoperated bythe Permittee ina manner suchthatthewastewater discharge tothe POTW isin
compliance withtheeffluentlimits.During emergency conditions,orwhentheeffluentdoesnotmeetthe conditions ofthispermit,
the Permittee shall divert the flow, collect the wastewater, and re-treat the effluent. If the permit effluent limitations cannot be
achieved bytheonsitetreatment system,theeffluentshallbe collected andsentoffsitefor disposal inaccordance with applicable
regulations.
Beginning onthe issuance dateandlastingthruthe expiration dateofthis permit,the Permittee is authorized to discharge process
wastewaterto the City's POTWsubjectto the following limitations:
Discharge Limits
TABLEONE:Effluent Limits
Effluent Limits Outfall #001
Parameter Average Monthly •Maximum Daily b
Flow 150,000 Gallons per day 180,000 Gallons per day
Biological Oxygen Demand (BOD5)300 lbs./day —
Total Suspended Solids (TSS)350 lbs^day —
Total Dissolved Solids (TDS)1315 lbsiday 21681bs7day
Parameter Minimum Maximum
PH 6.0 11.0
Sodium Chloritec ——
a Average Monthlyeffluent limit means the highest allowable average ofdaily discharges over a calendar month. To calculate the discharge value to compare
to the limit, you add the value ofeach daily discharge measured during the calendar month and divide this sum by the total numberofdaily discharges
measured.
bMaximum Dailveffluentlimitmeansthehighestallowable dailydischarge.Thedailvdischargemeansthe discharge of a pollutantmeasured duringa
calendar day. For pollutants with limits expressed in units ofmass, calculate the daily discharge as the total mass ofthe pollutant discharged over the day.
For other units ofmeasurement,the daily discharge is the average measurement ofthe pollutant over the day. This does not apply to pH.
c Process wastewater from the sodium chlorite manufacturingprocess is not allowed to dischargeto the City's POTW
Nouryon Pulp and Performance Chemicals LLC Discharge Permit No. 5
Page 3Moses Lake Council Packet 8-13-19, Page 82
Monitoring Requirements
The Permittee shallmonitorthe wastewater andproduction according to the followingscheduleintabletwo.
Table Two:Monitoring Requirements
Final Wastewater Effluent Outfall #001 (POTW)
Parameter Units Sampling Frequency Sample Type
Flow,(Avg.Monthly,
Maximum Daily)Gallons/day (GPD)Continuousa Metered
pH (Minimum;Maximum)c Standard Units Continuousa Metered
Conductivity (Avg.Monthly,
Maximum Daily)Umhos/cm Continuousa Metered
Turbidity (Avg.Monthly,
Maximum Daily NTU 1/weekb 24-Hour Compositec
Total Dissolved Solids(TDS)
(Avg.Monthly;Max Daily)
lbs/day 1/weekb 24-Hour Time Compositec
Calculated
Total Suspended Solids(TSS)
(Avg. Monthly;Max Daily)
lbs./day 1/week b 24-HourTime Compositec
BOD5 (Max.Daily)lbs./day 1/quarter d 24-Hour Time Compositec
503 Metals ug/1 1perpermit cyclef 24-Hour Time Compositec
aContinuous means the uninterruptedexcept forbrieflength oftime forcalibration,power failure,or unanticipatedequipment repair
or maintenance.Sample shall be taken four times a day when continuous monitoring is not possible.
b1/week means one(1)during each calendar weekandonarotational basis throughout the days oftheweek,exceptweekends and
holidays.
c24-hour Composite samples shall be comprised ofa flow-proportional samples collected by an electronically controlled device.
d1/quarter meansthatBOD samples shallbetakenaminimum of 1time ineachofthe4 quarters ofthe year.(Jan,Feb,March)(April,
May, June) (July,Aug.Sept.)(Oct.,Nov,Dec) and can be taken to coincide with the State permit requirements.
eThe Permittee shall report the instantaneous maximum and minimum pH monthly.Do not average pH values.
f503 metal shallbe tested the lastyearofthe permitcycle. (As, Cd, Hg, Se, Cu, Zn, Ni, Mo)
Reporting and Record Requirements
The Permitteeshallmonitor andreport in accordancewith the conditions set forth in this permit. Falsificationofthe information
submittedto Ecology orto the City ofMoses Lake is aviolation ofthe terms andconditions ofthis permit.
Monitoring Results required bythispermit shall besubmitted in paper form bythe 15th day ofthemonth following the sampling
period.A copy ofthe DMR in Ecology"Paris"format will be accepted solongasit isaccompanied by the electronic signature form.
Submitacopy ofthe DMRbythe 15th dayofthemonth following the monitoring period to:
City ofMoses Lake
P.O.box 1579
Moses Lake,WA 98837
Attn:Wastewater Division
Nouryon Pulp and PerformanceChemicals LLC Discharge Permit No. 5
Page 4Moses Lake Council Packet 8-13-19, Page 83
Waste Preventative Practices
Waste preventive practices shallbeusedtoreduceor eliminate contaminant loading tothe POTW.Thesewill include,butnot
Be limited to, the following:
a.The Permittee shall provide access tothemonitoring and flow control station forauthorized representatives oftheCity
during normal business hoursandintheeventofan emergency.
b.The pretreatment and storage systems shall bemaintained continuously insatisfactory andeffective condition bythe
Permitteeand shallbe subjectto periodicinspectionbythe City.
c. The Permittee shalldesignate a representative whoseresponsibilities shallinclude theoperation andmaintenance ofthe
pretreatment andstoragefacilities,monitoring andpermitcompliance,andallotheraspectsoftheprocesswastewater
discharge.TheCityshall beableto contact therepresentative onanymatter related totheprocess wastewater discharge
to the POTW at any time.
d. The Permitteeshall be held liablefor all damagesdirectly attributableto its wastewaterdischarge,exclusiveofnormal
wearandtear.Permittee shallnotbejointlyandseverallyliableforthedamagecausedbyanyotherparty,andshallonly
be liablefor itspro-ratioshareofany liabilitydirectlyattributableto suchwastedischarge. Liabilityfordamagesmay
includedamages tothesewagecollection system,pumpstations,sewagetreatmentplant,and receiving water
degradation.
e. The following requirements shall apply:
In the event that a hazardous petroleum or radioactive material spill reaches the POTW, the City shall be notified
immediately.
Contact
1. Public Works Department 764-3951
2. Multi-Agency Communications Center 762-1160 non-emergency
3.Multi-Agency Communications Center 911 emergency
Reporting Permit Violations
The Permittee shall take the following action when it violates or is unable to comply with any permit conditions.
a. Immediately take action to stop, contain, and cleanup unauthorized discharges or otherwise stop the noncompliance and
correct the problem.
b. When the Permittee has become aware ofan unauthorized discharge, or a permit violation, the City ofMoses Lake shall
be contacted within 24-hours by phone or E-mail.
c. Limitsuniqueto the State Permitshall only be reportedto the City inthe case of a permit violation.
d. In the event ofpermit conflict the State permit shall takes precedence.
Nouryon Pulpand Performance Chemicals LLC Discharge Permit No.5
Page 5Moses Lake Council Packet 8-13-19, Page 84
Contact
1.Public Works Department
2.Tonv Pfluger,Wastewater Division Supervisor
764-3951
764-3966or lpfluger@citvofml.com
Permittee Contact Information
The Permittee authorizes the following personnel to be contacted regarding this permit.
DMR Contact:
I.Jacob St.Mary (509)765-2889 Ext 502 jacob.stmarv^nourvon.com
Facility Contact: (Site Manager)
1.Pat Ealy (509)765-2889 pat.ealv@nourvon.com
The Permittee shall notify the City whenever the contact(s)shown are revised.
GLOSSARY
City:The City of Moses Lake,a municipal corporation ofthe State of Washington,or itsduly authorized agents or representatives.
Composite Sample:A mixture ofgrab samples collected at thesame sampling pointat different times,formed eitherby continuous
samplingor by mixingdiscretesamples. May betime-composite(collectedat constanttime intervals)or flow-proportional (collected
either as a constant volume at time intervals proportional to stream flow or collected by increasing the volume of each aliquot as the
flow increased while maintaining a constant time interval between the aliquots.
Constituent:Any ofthe pollutants or potential pollutants found in the process wastewater.
Effluent Limits: Flow,concentration,pH, and mass loading limitations for wastewater discharged to the POTW by the Permittee.
Monitoring: The program of flow and constituent determination outlined to insure compliance with the effluent limitations and to
definethe flowand constituent levelsinan expandedscope for the wastewaterdischargedto the POTW.
Permittee: Nouryon Pulp and Performance Chemical LLC
POTW: The system of gravity sewers, force mains, pumps stations, and sewage treatment plants owned by the City of Moses Lake.
Process Wastewater: Water discharged as a by-product ofany ofthe various industrial processes.
Nouryon Pulp and Performance Chemicals LLC Discharge Permit No.5
Page 6Moses Lake Council Packet 8-13-19, Page 85
In witness whereof, the parties hereto have caused this permit to be executed in duplicate by their respectively authorized officers or
representatives.
Date
°-?//•?-As
NouryonPulpand Performance ChemicalsLLC
CITY OF MOSES LAKE
Municipal Services Department
S.321 Balsam
P.O.Drawer 1579
Moses Lake,WA 98837
By:
City Manager
Nouryon Pulp and Performance Chemical
2701 Road "N"N.E.
MOSES LAKE,WASHINGTON 98837
Patrick feny. Plant Manager
Discharge Permit No. 5
Page 7Moses Lake Council Packet 8-13-19, Page 86
INTRODUCTION
CITY OF MOSES LAKE
INDUSTRIAL WASTE DISCHARGE PERMIT NO. 20
SGL Composites,LLC
8781 RandolphRoadN.E.
MosesLake,Washington98837
Effective Date:September 1,2019
ExpirationDate:September30,2024
This wastewater discharge permit ishereby granted bythe City ofMoses Lake,Washington,referred toas the City,toSGL
Automotive Carbon Fiber LLC,referred to as the Permitteer This permit isissued inconjunction with the Washington State
Department ofEcology Permit No.ST 0501273.This permit authorizes SGL Composites,LLC todischarge wastewater from their
Moses Lake Plant into the City's POTW in accordance with the conditions contained within this permit The permit becomes
effectiveasofthedatesigned.
GENERAL CONDITIONS
1.Alldischarges and activities authorized herein shall beconsistent with the terms and conditions ofthis permit The
discharge of any pollutant more frequently than,oratalevel inexcess of,that identified and authorized by,this permit shall
constitute a violation oftheterms andconditions ofthispermit Whenever the Permittee refuses totakecorrective action or
continues aviolation,theimposition ofcivil penalties ortermination ofthis permit may result,orboth.Termination of this
pennit may require disposal ofthe wastewater insome manner other than into the private sewer orside sewer tributary tothe
City's POTWattheexpenseofthePermittee.
2. Any facility changes which willresult inasignificant deviation in character ofpollutants discharged tothePOTW,from that
herein specified,must bereported totheCity.Significant adverse deviations incharacter ofpollutants shall beapproved by
theCitybefore itsacceptance into thesewersystem.No significant change shall bemade until plans havebeenapproved and
anewormodified permit hasbeen issued.Innocase are anynewconnections,increased flows,orsignificant changes in
wastewater characteristics permitted thatwillcause violation oftheeffluent limitations specified herein.
3. Thediversion orbypass ofanydischarge from anypre-treatment facility utilized bythe Permittee to maintain compliance
withthetermsofthispermitis prohibited exceptwhereunavoidable to prevent lossoflifeor severe property damage.The
procedure outlinedin paragraph 4 ofthis General conditionshallbe followedintheevent ofsuchadiversionorbypassto the
City system.
4. IntheeventthePermittee is unable to complywithanyoftheconditions ofthispermitbecause ofa breakdown of
equipmentor facilities,dueto actions onthe part ofthe Permittee,the Permittee shall:
a. Take immediateactionto stop, contain,andcleanupthe unauthorizeddischarge andcorrectthe problem.
b.Immediately notify the City so steps can be taken to prevent damageto the POTW.
c. Submit a writtenreportwithin fifteen (15) businessdays ofoccurrencedescribingthe breakdown,the actualquantity
andqualityofthe resultingwaste discharge,correctiveactiontaken, andthe stepstaken to preventa recurrence.
d. Payreasonable costsincurred bytheCitywhichare associated witha breakdown,accident,orothercause whichcan
bedemonstrated as attributableto such event.
e. Any permit noncompliance constitutes aviolation ofchapter 13.05 ofthe Moses Lake Municipal Codeandis
grounds forenforcement action in accordancewith thatcode.
SGLComposites,LLC Discharge Permit No.20
Pagel
Moses Lake Council Packet 8-13-19, Page 87
GENERAL CONDITIONS (continued)
5. Compliancewith the aboverequirementsdoes not relievethe Permitteefromresponsibilityto maintaincontinuous
compliancewiththe conditionsofthis permitorthe resultingliabilityfor failure to comply.
6. The Permittee shalladequately maintainandefficiently operatealltreatmentorcontrol facilities orsystems installed orused
by the Permitteeto achievecompliancewith the terms andconditions ofthis permit.
7. After written noticeofoneofthe following,the Permittee hasten(10)days,from thedateofthenotice,to request ahearing
beforetheCity Council. IntheeventtheCity Councildeterminesaviolationhas occurred,the permitmay be amended,
suspended,orrevoked in whole or in part.
a. Violation ofany terms orconditions ofthis permit
b. Obtainingthis permitby misrepresentation or failure to fully discloseallrelevantfacts.
c. A changein any conditionthatrequiresa permanentreductionoreliminationofpermanentdischarge to the sewerage
system.
8. The Permitteeshall,atall reasonable times, allowauthorizedrepresentatives ofthe City to:
a. Enterthat portionofthe premises by escortwhenever requested where an effluent sourceor disposalsystem is
locatedor inwhichany records arerequired to bekept underthetermsandconditionsofthis permit.
b. Inspectanymonitoringequipmentormonitoringmethod required by this permit.
c. Sample any dischargeofpollutants.
d. Have immediate availabilityto test resultsandtest methods.
9. Nothinginthis permitshallbeconstruedasexcusingthe Permittee fromcompliancewith any currentfederal,state,orlocal
statutes,ordinances,or regulations.Should the State'sWaste Discharge Pennitbe revised inamannerto causemore
stringentlimitationsonthe POTW discharge,the requirements containedhereinmay berevisedafterwrittennotice.
10. The Permittee hasten(10) daystorequestahearingbeforethe City Council. The City will providethe Permittee an
opportunity forahearing beforetheCityCouncilifrequested,and,dependent onthemagnitude ofthe changes,the
Permittee,City, andDOEmay negotiateacompliancescheduleunderwhichto makethechangesnecessaryto come into
compliancewith the morestringentlimits.
11. This permitdoesnot constituteauthorityfordischargeinto publicwatersofWashington State.Any such dischargeby the
Permittee shallbe subjectto applicable regulations administered by the Department ofEcology.
12. The costs incurredby the City in handling,treating,monitoring, and disposing ofthe Permittee'sprocesswastewatershall be
borneby the Permittee inthe rate structure.The City mayset forth the various feesina separate ordinance.
13. The Permittee shall makeapplication forpermit renewal atleast180daysprior to theexpiration date ofthe permit Inthe
eventthattheCitydoesnotrespond withintheallotted 180dayperiod,uieexistingpermitshall remain in force untilthe
revised permit is issued.
14. The Permittee shallsubmit paymentoffeesassociated with this permitasset forthinthe feescheduleadoptedbythe City of
MosesLake. The City may revokethis permitifthe permitfeesarenot paid.
SGL Composites,LLC Discharge PennitNo. 20
Page2
Moses Lake Council Packet 8-13-19, Page 88
Effluent Limitations
During theperiod of this pennit,the Permittee isauthorized to discharge Wastewater totheCity's POTW,subject tothespecified
flow,concentration,andmonitoringrequirements.Wastewatershallbe monitoredanddischarged to the POTW andshallnotexceed a
maximum daily flow of 5,000 gallons per day and the maximum spontaneous discharge of effluent shall not exceed 250 gallons per
minute. Ifthe spontaneous discharge oftheeffluentexceeds250 gallons perminute,the Permittee shall operate andmaintain a flow
controlsystem on the discharge.Effluent limits forthe discharge to theCity's POTW areshown inTable 1:Eftluent Limits, Outfall
No.002.Outfall No.002 istheSampling point prior todischarge to theCity's POTW.
Effluent characteristic limitsnotlistedinthis permitshall beasset forth in Chapter 13.05,Sewer Regulations,andCity ofMoses Lake
Municipal Code as ofthe date ofthis permit.
Inorderto meetthe effluent limitations,the Permittee shallprovide facilities as specified herein.When required, pretreatment and/'or
storagefacilitiesshallbe designed and operatedby the Permitteeina mannersuch thatthe wastewater is in compliance with the flow
and concentration limitationsestablishedherein. Duringemergencyconditions,orwhen the effluent is subjectto not meetingthe
conditions ofthis permit, the Permitteeshalldivert the flow, collect the wastewater and re-treatthe effluent.If the permit effluent
limitations cannot be achieved by the onsite treatment system,the effluent shall be collected and sent offsite fordisposal in
accordance with applicable regulations.
Beginning on the date ofissuance and lasting thru the expiration date ofthis permit, the Permittee is authorized to discharge process
wastewater to the City ofMoses Lake POTW subject to the following limitations:
Discharge Limits
Table 1 Effluent Limits Outfall 002
Parameter Maximum Daily"
Flow, gpd 5,000 gpd
pH s.u.6.0-11.0 s.u.
Biochemical Oxygen Demand (BODs),mg/L lOlbs./day
Total Suspended solids (TSS),mg/L 12 lbs./day
aMaximum Daily effluent limit meansthe highestallowabledaily discharge.The daily discharge meansthe discharge
ofa pollutant measured during acalendar day.For pollutants with limits expressed in units of mass,calculate thedaily
discharge as the total mass of the pollutant discharged over the day.For other units of measurement,the daily
discharge isthe average measurement ofthe pollutantover the day.
= l corner,far:en,"•9 u I'•/•-/**)r&34 This does not apply to pH.
5GL Composites.LLC Discharge Permit No.20
Page 3
Moses Lake Council Packet 8-13-19, Page 89
Monitoring Requirements
The Permittee must monitor the wastewater and production according to the following schedule:
Final Wastewater Discharge-Sampling point (Outfall 002)
Parameter Units Sampling Frequency Sample Type
Flow (avg; max)Gallons/day (gpd)Continuous*Metered
Total Suspended Solids (TSS)mg/L 1/quarterb 24-Hour Compositef
TSS Ibs./day 1/quarter b Calculatedc
Biochemical Oxygen Demand
(BOD5)
mg/L 1/quarterb 24-HourComposite'
BOD5 Ibs./day 1/quarterb Calculatedc
Total Dissolved Solids (TDS)Mg/L 1/quarterb 24-HourComposite'
TDS Ibs./day 1/quarterb Calculated c
PH Standard Units 1/weekc Grabd
Ammonia(as N)mg/L 1/quarterb 24-HourCompositef
503 Metals ug/1 1/permitcycle8 24-HourCompositef
•Continuous means uninterruptedexcept forbrief lengths oftime forcalibration, for power failure,or forunanticipated equipment repairor
maintenance. The Permittee must sample at least6 times when continuous monitoring is not possible.
b1/quarter means thatsamples willbe taken a minimum of1timeineach ofthe4 quarters ofthe year.(Jan,Feb.March)(April,
May, June) (July. Aug. Sept.) (Oct., Nov, Dec) and can be taken to coincide with the State permit requirements.
c1/week meansone (1) duringeach calendar week andon a rotational basisthroughoutthe days ofthe week, except weekends and
holidays.
dGrab meansan individual sample collected overa fifteen (15)minute,orless,period.
'Calculated effluentlimitmeans thehighest allowable daily discharge.The daily discharge means the discharge of a pollutant measured during a
calendar day.For pollutants withlimitsexpressed in unitsofmass,calculate thedailydischarge asthe total massofthe pollutant discharged over
the day. .
,07'dn v~(ccncsnr,'r'r:OT •rr'3'-)v ({'f^a>!l)*S.3-;This does not apply to pH.
f 24-hour Composite samples must be comprised ofa flow-proportional samples collected byan electronically controlled device.
8503 metal shall be tested the last year ofthe permit cycle. (As, Cd, Hg, Se, Cu, Zn, Ni, Mo)
SGL Composites,LLC Discharge Permit No. 20
Page 4
Moses Lake Council Packet 8-13-19, Page 90
Reporting and Record Requirements
The Permittee must monitor and report in accordance with the conditions set forth in this permit Falsification ofthe information
submitted to Ecology or to the City ofMoses Lake is aviolation ofthe terms and conditions ofthis permit
Monitoring Results required by this permit will be submitted in paper form by the 15*day ofthe month following the sampling
period.Acopy ofthe DMR in Ecology "Paris"format will be accepted so long as itis accompanied by the electronic signature form.
Submit acopy ofthe DMR bythe 15*day ofthe month following the monitoring period to:
City ofMoses Lake
P.O.box 1579
Moses Lake,WA 98837
Attn:Wastewater Division
Waste Preventative Practices
Waste preventive practices shall beused toreduce oreliminate contaminant loading tothe POTW.These will include,but not
Belimitedto,die following:
a.The Permittee shall provide access tothe monitoring and flow control station for authorized representatives of the City
during normal business hours and intheeventofanemergency.
b. The pretreatment and storage systems shall bemaintained continuously insatisfactory and effective condition bythe
Permittee andshall besubject to periodic inspection bythe City.
c. The Permittee shall designate a representative whoseresponsibilities shall include dieoperation and maintenance ofdie
pretreatment and storage facilities,monitoring andpermit compliance,andallother aspects oftheprocess wastewater
discharge.TheCityshall beable to contact therepresentative on any matter related tothe process wastewater discharge
to the POTW atany time.
d. The Permittee shall beheldliable forall damages directly attributable to itswastewater discharge,exclusiveofnormal
wear andtear.Permittee shall notbejointlyandseverally liable for thedamage caused byanyother party,and shall only
be liable foritspro-ratio share ofanyliability directly attributable tosuchwaste discharge.Liability for damages may
include damages tothe sewage collection system,pumpstations,sewage treatment plant,andreceiving water
degradation.
e. The followingrequirementsshallapply:
Inthe event thata hazardouspetroleumorradioactivematerialspill reachesthe POTW, the City shallbe notified
immediately.
Contact
1. Public Works Department 764-3951
2.Multi-Agency Communications Center 762-1160 non-emergency
3.Multi-Agency Communications Center 911 emergency
SGLComposites,LLC Discharge Permit No.20
Page5
Moses Lake Council Packet 8-13-19, Page 91
Reporting Permit Violations
The Permittee shall takethe following action when it violates or is unable to comply with anypermit conditions.
a.Immediately take action tostop,contain,andcleanup unauthorized discharges or otherwise stopthenoncompliance and
correct the problem.
b.When the Permittee has become awareofan unauthorized discharge,ora permitviolation,theCityof MosesLakeshall
be contacted within 24-hours by phone or E-mail.
c.Limits uniqueto theStatePermitshallonlybe reported to theCityinthecaseofa permitviolation.
d. Intheeventof permitconflictthe Statepermitshall takes precedence.
Contact
1. Public Works Department
2. Tony Pfluger, WastewaterDivisionSupervisor
764-3951
764-3966 or tpfluHer@citvorml.com
PermitteeContact Information
The Permitteeauthorizes the followingpersonnel to be contacted regardingthis permit.
DMR Contact:
1.David Heller 509-762-4633
Facility Contact: (Site Manager)
I.Jennifer Smith 509-762-4642
The Permittee shall notify the City whenever the contact(s) shown are revised.
SGL Composites, LLC Discharge Permit No. 20
Page 6
Moses Lake Council Packet 8-13-19, Page 92
GLOSSARY
Crtyi The City ofMoses Lake,amunicipal corporation ofthe State ofWashington,or its duly authorized agents or representatives.
Composite Sample:Amixture ofgrab samples collected at the same sampling point at different times,formed either by continuous
sampling or by mixing discrete samples.May be time-composite (collected at constant time intervals)or flow-proportional (collected
either as aconstant volume at time intervals proportional tostream flow or collected by increasing the volume ofeach aliquot as the
flow increased while maintaining aconstant time interval between the aliquots.
Constituent Anyofthepollutants orpotential pollutants found intheprocess wastewater.
Effluent Limits:Flow,concentration,pH,and mass loading limitations for wastewater discharged tothe POTW bythe Permittee.
Monitoring:Theprogram offlow and constituent determination outlined toinsure compliance with theeffluent limitations and to
define die flow and constituent levels inanexpanded scope for thewastewater discharged tothePOTW.
Permittee:SGL Composites, LLC
POTW:Thesystem ofgravity sewers,force mains,pumps stations,and sewage treatment plants ownedbytheCityofMoses Lake.
Process Wastewater Waterdischarged asaby-product ofanyofthevarious industrial processes.
SGL Composites,LLC Discharge Pennit No.20
Page7
Moses Lake Council Packet 8-13-19, Page 93
Inwitness whereof,the parties heretohavecausedthis permitto be executed induplicateby theirrespectivelyauthorizedofficers or
representatives.
Date
Date
SGL Composites, LLC
CITY OF MOSES LAKE
MunicipalServices Department
S321 Balsam
P.O.Drawer 1579
Moses Lake,WA 98837
By:
City Manager
SGL Composites, LLC
8781 Randolph Road N.E.
MOSES LAKE,WASHINGTON 98837
By:
Discharge PermitNo. 20
Page 8
Moses Lake Council Packet 8-13-19, Page 94
STAFF REPORT
To: Kevin Fuhr, Interim City Manager
From: Fred Snoderly, Municipal Services Director
Date: August 7, 2019
Proceeding Type: Consent Agenda
Subject: Award 2019 Coolidge Water Main Installation Project
Legislative History:
• First Presentation:
• Second Presentation:
• Requested Action:
August 13, 2019
Motion
Staff Report Summary
On August 7, staff opened bids for the 2019 Coolidge Water Main Installation Project. The City
received four (4) bids for the work. The low bid was $204,151.40 and the Engineer’s Estimate was
$227,588.95.
Background
The 2019 budget includes money for completing these improvements. This project consists of
installing 1,200 feet of water main replacing water services and replacing fire hydrants on
Coolidge Drive. It also installs catch basins and storm pipe to correct some stormwater issues in
the area.
The low bidder, Gray Excavation, of Ephrata, WA, has bid on several projects in the past. This will
be there first job working for the City
Moses Lake Council Packet 8-13-19, Page 95
Fiscal and Policy Implications
The project will require budgeted funds to be spent.
Options
Option Results
• Award the 2019 Coolidge Water Main
Installation Project to the lowest
bidder
Staff will move forward with executing a
contract with the low bidder to complete the
work.
• Take no action Staff will stop working on this project and wait
for further direction from City council.
Staff Recommendation
Staff recommends awarding the bid for the 2019 Coolidge Water Main Installation Project to Gray
Excavation in the amount of $204,151.40.
Attachments
A. Bid Summary
Legal Review
N-A
Moses Lake Council Packet 8-13-19, Page 96
Moses Lake Council Packet 8-13-19, Page 97
Moses Lake Council Packet 8-13-19, Page 98
STAFF REPORT
To: Kevin Fuhr, Interim City Manager
From: Fred Snoderly, Municipal Services Director
Date: August 8, 2019
Proceeding Type: Consent Agenda
Subject: Reject All Bids 2019 Pioneer Sidewalk, Curb and Catch Basin
Project
Legislative History:
• First Presentation:
• Second Presentation:
• Requested Action:
August 13, 2019
Motion
Staff Report Summary
On August 8, staff opened bids for the 2019 Pioneer Sidewalk, Curb and Catch Basin Project. The
City received two (2) bids for the work. The low bid was $364,098.01 and the Engineer’s Estimate
was $275,325.38.
Background
This project is to replace deteriorated sidewalk on Pioneer Way and other various areas in the City.
It also replaces catch basins and storm water infrastructure.
The bids received were well above what research shows to be the current going rate for these
types of facilities.
Moses Lake Council Packet 8-13-19, Page 99
Fiscal and Policy Implications
The project would require budgeted funds to be spent well above the existing budget.
Options
Option Results
• Award the 2019 Pioneer Sidewalk,
Curb and Catch Basin to the lowest
bidder
Staff will move forward with executing a
contract with the low bidder to complete the
work.
• Reject all bids and re-evaluate project Staff will re-evaluate the project and try to find
alternative ways to meet the City’s needs.
• Take no action Staff will stop working on this project and wait
for further direction from City council.
Staff Recommendation
Staff recommends City Council reject all bids and allow staff to re-evaluate the project and try to
find alternative ways to meet the City’s needs.
Attachments
A. Bid Summary
Legal Review
N-A
Moses Lake Council Packet 8-13-19, Page 100
Moses Lake Council Packet 8-13-19, Page 101
STAFF REPORT
To: Kevin Fuhr, Interim City Manager
From: Fred Snoderly, Municipal Services Director
Date: August 7, 2019
Proceeding Type: Consent Agenda
Subject: Award 2019 ADA Ramp & Stormwater Upgrades Project
Legislative History:
• First Presentation:
• Second Presentation:
• Requested Action:
August 13, 2019
Motion
Staff Report Summary
On August 7, staff opened bids for the 2019 ADA Ramp & Stormwater Upgrades Project. The City
received four (4) bids for the work. The low bid was $414,825.00 and the Engineer’s Estimate was
$363,735.00.
Background
The 2019 budget includes money for completing these improvements. This project consists of
upgrading stormwater infrastructure and meeting ADA accessible ramp standards at 17 locations
throughout the City.
The low bidder, Cutting Edge Earthworks, Inc. of Moses Lake, WA, has successfully worked with
the City on past projects.
Moses Lake Council Packet 8-13-19, Page 102
Fiscal and Policy Implications
The project will require budgeted funds to be spent.
Options
Option Results
• Award the 2019 ADA Ramp &
Stormwater Upgrades Project to the
lowest bidder
Staff will move forward with executing a
contract with the low bidder to complete the
work.
• Take no action Staff will stop working on this project and wait
for further direction from City council.
Staff Recommendation
Staff recommends awarding the bid for the 2019 ADA Ramp & Stormwater Upgrades Project to
Cutting Edge Earthworks, Inc. in the amount of $414,825.00.
Attachments
A. Bid Summary
Legal Review
N-A
Moses Lake Council Packet 8-13-19, Page 103
Moses Lake Council Packet 8-13-19, Page 104
STAFF REPORT
To: Kevin Fuhr, Interim City Manager
From: Kris Robbins, Community Development Director
Date: August 8, 2019
Proceeding Type: Old Business
Subject: MLMC Zoning Code Amendments Ordinance
Legislative History:
•First Presentation: July 9, 2019
•Second Presentation:
•Third Presentation:
July 23, 2019
August 13, 2019
•Requested Action: Motion
Staff Report Summary
Staff requests Council consider amendments to Title 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 Title 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.
At the July 23, 2019, City Council meeting, Council requested to modify the allowance of
cryptocurrency mining operations, server farms and data centers to be limited to the Heavy-
Industrial zone. Additionally, there was question about extending the moratorium. Staff has an
ordinance prepared in the event Council would like to impose another moratorium.
Fiscal and Policy Implications
No impact.
Moses Lake Council Packet 8-13-19, Page 105
Options
Option Results
• Adopt the amendments to Title 18 of
the Moses Lake Municipal Code.
Title 18 of the Municipal Code will be updated
incorporating minor amendments and adding
the Cryptocurrency Mining & Data Center
provisions.
• Take no action Title 18 of the Municipal Code will remain the
same.
Staff Recommendation
Staff recommends that the Moses Lake City Council adopt the amendments to Title 18 of the
Moses Lake Municipal Code at the next meeting.
Attachments
A. Draft changes to Title 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 8-13-19, Page 106
ORDINANCE NO. 2929 AN ORDINANCE AMENDING TITLE 18 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "ZONING" WHEREAS, communities planning under the Growth Management Act are required to monitor
their development regulations and be consistent with the comprehensive plan; and WHEREAS, the Moses Lake Planning Commission’s responsibility is to review and consider
modifications to the City’s Zoning Code; and WHEREAS, from time to time, the City Council may task the Planning Commission with new regulations; and WHEREAS, the City Council may enact a work plan or interim controls on specific needs or areas of concern, and WHEREAS, the Moses Lake City Code does not currently have a specific land use category for cryptocurrency mining operations, server farms, or data centers; and
WHEREAS, this interim ordinance will establish a definition of cryptocurrency mining operations, server farms, or data centers in the City of Moses Lake; and
WHEREAS, a work plan had been established and completed; and WHEREAS, the Moses Lake Planning Commission held a public hearing on June 13, 2019, for
the adoption of the regulations for cryptocurrency mining operations, server farms, or data centers in the City of Moses Lake; and WHEREAS, the Moses Lake Planning Commission also provided modification to the parking regulations and minor modification to the zoning code; and WHEREAS, the Department of Commerce has been notified and processed the review of the zoning code. NOWTHEREFORE, THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Title 18 of the Moses Lake Municipal Code entitled "Zoning" is amended as shown and attached to this ordinance.
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 or sections affected.
Section 3. Effective Date. This ordinance shall take effect and be in force five (5) days after publication. Adopted by the City Council and signed by its Mayor on August 13, 2019.
Moses Lake Council Packet 8-13-19, Page 107
_________________________________ Karen Liebrecht, Mayor ATTEST:
____________________________________
Debbie Burke, City Clerk
APPROVED AS TO FORM: _____________________________________ Katherine L. Kenison, City Attorney Date Published: August 19, 2019 Date Effective: August 24, 2019
Vote: Riggs Liebrecht Myers Jackson Curnel Leonard Hankins Aye Nay
Abstain
Absent
Moses Lake Council Packet 8-13-19, Page 108
TITLE 18 ZONING
Chapters:
18.03 General Provisions 18.09 Zoning Districts and Map
18.10 Citywide Regulations 18.12 AG, Agricultural Zone
18.20 Residential Zones 18.23 Multi-Family Housing Tax Exemption 18.30 Commercial Zones 18.31 Additional Requirements in the NC, Neighborhood Commercial Zone
18.35 Municipal Airport Zone 18.40 Industrial Zones
18.41 BP, Business Park Zone 18.45 C-R, Conservation and Reclamation Zone
18.48 P, Public Zone 18.50 Recreational Marijuana Businesses
18.51 Conditional and Unmentioned Uses 18.52 Grant County Airport Zoning
18.53 Flood Hazard Areas 18.54 Off-Street Parking and Loading
18.55 Home Occupations 18.57 Landscaping
18.58 Signs 18.60 Factory Built Homes
18.63 Vacation Rental Dwellings 18.65 Manufactured Home Parks 18.67 Planned Development District Zone 18.69 Non-Conforming Uses
18.71 Recreational Vehicle Parks 18.73 Cabarets and Adult Entertainment
18.74 Cryptocurrency Mining Operations, Service Farms and/or Data Centers 18.76 Cargo Containers 18.78 Personal Wireless Service Facilities 18.80 Hearing Examiner
18.81 Amendments and Zone Changes 18.84 Certificate of Occupancy
18.88 General Administration and Enforcement
Moses Lake Council Packet 8-13-19, Page 109
CHAPTER 18.03 GENERAL PROVISIONS Sections: 18.03.010 Title 18.03.020 Purpose 18.03.030 Scope
18.03.040 Definitions 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) 18.03.040 Definitions: For the purposes of this title certain words and terms used herein are defined as follows. All words used in the present tense include future tense; all words in plural number include singular number and all words in the singular number include the plural number, unless the natural
Moses Lake Council Packet 8-13-19, Page 110
construction of the wording indicates otherwise. 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
Moses Lake Council Packet 8-13-19, Page 111
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 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)
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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, 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) C18.06.120 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
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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 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)
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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 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
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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
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)
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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 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)
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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) [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) 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 SService 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)
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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) 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)
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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 ZZoning 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)
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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,
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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, 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
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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:
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)
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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)
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18.10.075 Critical Areas: The City of Moses Lake’s critical areas ordinances must be met where applicable. These ordinances include:
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
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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. 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)
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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)
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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.
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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
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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 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
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TABLE 1: LAND USES IN RESIDENTIAL ZONES
USE CATEGORIES R-1 R-2 R-3 R-4
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
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
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TABLE 1: LAND USES IN RESIDENTIAL ZONES
USE CATEGORIES R-1 R-2 R-3 R-4
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
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.
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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
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:
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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 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’
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TABLE 2: DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
Development Standards R-1 R-2 R-3 R-4
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% ----
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-
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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.
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
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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').
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
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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.
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.
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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.
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
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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 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
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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,
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 1
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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 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
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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 disbanded) landscaping shall be maintained by the individual property owner. 8. A homeowner’s association, or similar organization, is required and shall perpetually
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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
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are kept, except that three (3) goats or sheep may be considered the equivalent to one (1) 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)
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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.
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(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: 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
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found in 18.30.010 and the 1987 latest version of the North American Industry Classification System Standard Industrial Classification Manual.
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
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LAND USES IN COMMERCIAL ZONES
USE CATEGORIES C-1 C-2 C-1A NC1
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
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 X X X X
Data Centers/Server Farms, in compliance with MLMC 18.74 x X X 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
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LAND USES IN COMMERCIAL ZONES
USE CATEGORIES C-1 C-2 C-1A NC1
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
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
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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. 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.
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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.
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
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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
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
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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 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.
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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. 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
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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 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.
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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.
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,
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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)
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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
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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 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.
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TABLE 1: LAND USES IN INDUSTRIAL ZONES
USE CATEGORIES MLIP L-I H-I
Primary uses
Assembly of parts A A C
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
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TABLE 1: LAND USES IN INDUSTRIAL ZONES
USE CATEGORIES MLIP L-I H-I
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
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
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TABLE 1: LAND USES IN INDUSTRIAL ZONES
USE CATEGORIES MLIP L-I H-I
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
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 X X A
Data Centers/Server Farms, in compliance with MLMC 18.74 X X 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.
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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
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
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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
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
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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.
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.
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TABLE 3: PERFORMANCE STANDARDS
Performance Standards L-I & MLIP H-I
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.
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,
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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
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)
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(Commercial uses permitted in this Light Industrial zone per Ordinance No. 2216)
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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
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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 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 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)
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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. 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.
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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 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
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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, 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)
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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.
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2. Preservation and maintenance. The following parking area maintenance practices are exempt from the requirements of this chapter:
a. pothole and square cut patching 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.
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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
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
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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:
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
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
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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 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
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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
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:
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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.
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:
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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: 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.
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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
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.
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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.
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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
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which informs, alerts, directs attention to, or warns; 4) the name of a business, building, 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.
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The area of multiple signs on a structure, material, space, or device is the sum of the areas of 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.
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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 8-13-19, Page 188
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 architectural
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 façade. 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
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 8-13-19, Page 189
Sign Type
Prohibited, Allowed, or Exempt
Maximum Sign Height
Maximum Sign Area
Sign Permit
Other Sign Regulations
Free-
standing or Portable
signs for other sign
area 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
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
Moses Lake Council Packet 8-13-19, Page 190
Sign Type
Prohibited, Allowed, or Exempt
Maximum Sign Height
Maximum Sign Area
Sign Permit
Other Sign Regulations
for free-
standing or building
signage
type of sign (free-standing or
building).
Flashing P NA NA NA NA Freeway or
Freeway Interchange
or 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.
Moses Lake Council Packet 8-13-19, Page 191
Sign Type
Prohibited, Allowed, or Exempt
Maximum Sign Height
Maximum Sign Area
Sign Permit
Other Sign Regulations
Garage Sale A NA NA NR Sign allowed in all zones.
The sign shall not be displayed for more than four
consecutive days. 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 Interchangeand 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
Moses Lake Council Packet 8-13-19, Page 192
Sign Type
Prohibited, Allowed, or Exempt
Maximum Sign Height
Maximum Sign Area
Sign Permit
Other Sign Regulations
location or condition that is
prohibited. Private Warning/ Directional
E NA NA NA NA
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
R N/A
Moses Lake Council Packet 8-13-19, Page 193
Sign Type
Prohibited, Allowed, or Exempt
Maximum Sign Height
Maximum Sign Area
Sign Permit
Other Sign Regulations
residential
planned developmen
t Roof A 10' above roof height as measured from intersection of the roof and lowest point of the sign, sign structure, or point of attachment
See Building sign
R Allowed in commercial and industrial zones.
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 8-13-19, Page 194
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 requires
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. Owners
hip change
of busines
s 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.
A NA NR NA
Moses Lake Council Packet 8-13-19, Page 195
Sign Type
Prohibited, Allowed, or Exempt
Maximum Sign Height
Maximum Sign Area
Sign Permit
Other Sign Regulations
Temporary
Gas Pump
2 sq. ft. per
sign, one sign per
dispenser Temporary Sign On Wall
A Same as Wall sign
See Building sign Signs shall be framed. One sign per building allowed if unframed.
NR 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. 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
temporary sign;
R for perman
ent sign
NA
A = Allowed E = Exempt NA = Not Applicable NR = Not Required P = Prohibited R = Required
Moses Lake Council Packet 8-13-19, Page 196
(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) 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
Moses Lake Council Packet 8-13-19, Page 197
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 18.280 of this Title the MLMC shall be issued. (Ord. 2315, 3/27/07; Ord. 2144, 12/9/03; Ord. 2000, 12/12/00) 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 8-13-19, Page 198
Moses Lake Council Packet 8-13-19, Page 199
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. B. Additions to manufactured home units.
Moses Lake Council Packet 8-13-19, Page 200
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) 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)
Moses Lake Council Packet 8-13-19, Page 201
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 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
Moses Lake Council Packet 8-13-19, Page 202
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) 18.65.170 Building Height: No building or structure shall exceed thirty feet (30') in height. (Ord. 2144, 12/9/03;
Moses Lake Council Packet 8-13-19, Page 203
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. H. Park roads and parking lanes shall have widths as follows:
Moses Lake Council Packet 8-13-19, Page 204
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 regulations. (Ord. 2144, 12/9/03; Ord. 1315, 1988)
Moses Lake Council Packet 8-13-19, Page 205
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 8-13-19, Page 206
CHAPTER 18.74 CRYPTOCURRENCY MINING OPERATIONS, SERVER FARMS, AND/OR DATA CENTERS Sections: 18.74.010 Purpose
18.74.020 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, server farms, and/or data centers 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, server farms, and/or data centers, 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. Cryptocurrency mining operations, server farms, and/or data centers 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 data center it shall meet blank wall limitation standards found in this code, for all zones except Industrial. 6. All cryptocurrency mining operations, server farms, and/or data centers, including all ancillary equipment/operations for purposes 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, heat, 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 buildings. 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 8-13-19, Page 207
7. Any operations of this nature 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 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 8-13-19, Page 208
STAFF REPORT
To: City Council
From: Kevin Fuhr, Interim City Manager
Date: August 5, 2019
Proceeding Type: New Business
Subject: Resolution in support of HB 1406
Legislative History:
• First Presentation: August 13, 2019
• Second Presentation:
• Action: Motion
Staff Report Summary
Resolution in support of HB 1406, a local sales tax credit against the state sales tax to help cities
provide affordable housing to persons whose income is below the sixty percent median income.
This would be a 20-year revenue stream for affordable housing.
Background
In 2019, the legislature approved a local revenue sharing program for local governments in which
cities and counties can receive up to .0146% of local sales tax in the form of a credit that can be
used towards affordable housing. The funding has been allocated for 20 years. The city is
required to adopt a resolution prior to January 28, 2020, and an ordinance to levy the tax credit
by July 28, 2020. The city has had conversations with two local affordable housing groups with
the goal of creating a partnership in which the sales tax revenue could be used to support
affordable housing to Moses Lake citizens.
Fiscal and Policy Implications
The adoption of this resolution would complete the first step in the process to allow the city to
collect up to .0146% of local sales tax as a credit back from the state.
Moses Lake Council Packet 8-13-19, Page 209
Options
Option Results
• Adopt resolution Staff will prepare an ordinance to adopt HB
1406 in order to receive a tax credit from the
State to be applied to affordable housing
programs.
• Take no action. City opts out of the sales tax credit.
Staff Recommendation
Staff recommends adoption of the resolution.
Attachments
A. Resolution
Legal Review
The following documents are attached and subject to legal review:
Type of Document Title of Document Date Reviewed by Legal Counsel
• Resolution Intent to Implement HB 1406 July 31, 2019
Moses Lake Council Packet 8-13-19, Page 210
RESOLUTION NO. 3734
A RESOLUTION OF THE CITY COUNCIL OF MOSES LAKE
DECLARING THE INTENT OF THE CITY COUNCIL TO ADOPT LEGISLATION TO AUTHORIZE A SALES AND USE TAX FOR AFFORDABLE AND SUPPORTIVE HOUSING IN ACCORDANCE WITH SUBSTITUTE HOUSE BILL 1406 (CHAPTER 338, LAWS OF 2019), AND OTHER MATTERS RELATED THERETO.
Recitals:
1. In the 2019 Regular Session, the Washington State Legislature approved, and the
Governor signed, Substitute House Bill 1406 (Chapter 338, Laws of 2019) (“SHB 1406”); and
2. SHB 1406 authorizes the governing body of a city or county to impose a local sales
and use tax for the acquisition, construction or rehabilitation of affordable housing or
facilities providing supportive housing, and for the operations and maintenance costs
of affordable or supportive housing or, if eligible, for providing rental assistance to
tenants; and
3. The tax will be credited against state sales taxes collected within the City and, therefore, will not result in higher sales and use taxes within the City and will
represent an additional source of funding to address housing needs in the City; and
4. The tax must be used to assist persons whose income is at or below sixty percent of
the City median income; and
5. The City has determined the need to assist with affordable housing for our chronically
homeless population and that imposing the sales and use tax to address this need will benefit its citizens; and
6. In order for a city or county to impose the tax, within six months of the effective date
of SHB 1406, or January 28, 2020, the governing body must adopt a resolution of
intent to authorize the maximum capacity of the tax, and within twelve months of the
effective date of SHB 1406, or July 28, 2020, must adopt legislation to authorize the
maximum capacity of the tax; and
7. This resolution constitutes the resolution of intent required by SHB 1406; and
8. The Moses Lake City Council now desires to declare its intent to impose a local sales
and use tax as authorized by SHB 1406 as set forth herein.
Moses Lake Council Packet 8-13-19, Page 211
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MOSES LAKE AS FOLLOWS:
Section 1. Resolution of Intent. The City Council declares its intent to adopt
legislation to authorize the maximum capacity of the sales and use tax authorized by SHB 1406
within one year of the effective date of SHB 1406, or by July 28, 2020.
Section 2. Further Authority; Ratification. All City officials, their agents, and representatives are hereby authorized and directed to undertake all action necessary or desirable from time to time to carry out the terms of, and complete the actions contemplated by, this
resolution. All acts taken pursuant to the authority of this resolution but prior to its effective date
are hereby ratified.
Section 3. Effective Date. This resolution shall take effect immediately upon its passage and adoption.
ADOPTED by the City Council on August 13, 2019.
________________________________ Karen Liebrecht, Mayor
ATTEST:
________________________________
Debbie Burke, City Clerk
Moses Lake Council Packet 8-13-19, Page 212
STAFF REPORT
To: City Council
From: Kevin Fuhr, Interim City Manager
Date: August 5, 2019
Proceeding Type: New Business
Subject: Resolution in support of Grant County Proposition No. 1
Legislative History:
• First Presentation: August 13, 2019
• Second Presentation:
• Action: Motion
Staff Report Summary
Resolution in support of Grant County’s Proposition No. 1, “Grant County Sales and Use Tax for
Criminal Justice Funding”. A 3/10th sales tax increase that would support the criminal justice
system throughout Grant County
Background
Grant County is proposing a sales and use tax option to be placed on the November 5, 2019
general election ballot. The sales tax funding will support criminal justice related expenses
throughout the county including but not limited to; jail expansion, additional officers/deputies,
updating and increasing equipment needs, additional funding for the prosecutor’s office and the
court system.
Through the funding, the Moses Lake Police Department would receive approximately
$1,000,000 in additional revenue that would be used to hire additional officers, detectives and
clerical staff, along with the needed equipment for those positions.
Fiscal and Policy Implications
The adoption of this resolution would allow the city to collect approximately $1,000,000 in
additional sales tax revenue to be used towards criminal justice expenses.
Moses Lake Council Packet 8-13-19, Page 213
Options
Option Results
• Adopt resolution Support Grant County’s request for sales tax
increase.
• Take no action. Nothing changes.
Staff Recommendation
Staff recommends adoption of the resolution.
Attachments
A. Resolution
Legal Review
The following documents are attached and subject to legal review:
Type of Document Title of Document Date Reviewed by Legal Counsel
• Resolution Support Sales Tax Increase July 31, 2019
Moses Lake Council Packet 8-13-19, Page 214
RESOLUTION NO. 3735
A RESOLUTION SUPPORTING GRANT COUNTY’S PROPOSITION NO. 1 “GRANT COUNTY SALES AND USE TAX FOR CRIMINAL JUSTICE FUNDING” WHICH IS TO BE PRESENTED TO THE VOT-ERS AT THE GENERAL ELECTION TO BE HELD ON NOVEMBER 5, 2019 PROPOSING TO IMPOSE A SALES/USE TAX OF THREE
TENTHS OF ONE PERCENT FOR CRIMINAL JUSTICE PURPOSES AS DEFINED IN RCW 82.14.340. Recitals:
1. The City of Moses Lake has no jail facility and uses the Grant County Jail to house per-sons arrested in the City of Moses Lake; and 2. The Grant County Jail was built in 1986 and has been operating at 200% capacity since
1997; and
3. Because of the increased population in Grant County and corresponding criminal activity, a new jail is needed as well as the corresponding additional corrections staff, prosecutorial and defense staff, court clerks, and judicial staff; and
4. The proposed sales/use tax will be imposed on all taxable retail sales and uses within the County so that all tourists, visitors, and residents will contribute to the funds for criminal justice; and
5. A portion of the funds generated by the proposed sales/use tax will go to the City of Mo-
ses Lake for the purpose of funding criminal justice purposes, including providing addi-tional police officers. 6. The Grant County Board of Commissioners has requested that the sales/use tax option be
placed on the November 5, 2019 general election ballot pursuant to Grant County
Resolution No. 19-055-CC which authorized Proposition No. 1 “Grant County Sales and Use Tax for Criminal Justice Funding”; and 7. This resolution has come before the Moses Lake City Council at its meeting of August 13,
2019 with notice thereof given in the manner required by RCW 42.17A.555; and
8. At said meeting members of the City Council and members of the public in attendance were afforded an approximately equal opportunity for the expression of opposing views.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MOSES LAKE AS FOLLOWS:
The City Council of the City of Moses Lake supports Grant County’s Proposition No. 1 “Grant County Sales and Use Tax for Criminal Justice Funding” for imposition of a sales and
Moses Lake Council Packet 8-13-19, Page 215
use tax of three tenths of one percent for criminal justice purposes as defined in RCW
82.14.340 which, if it passes, will raise monies in an equitable manner for the County and all
cities within for criminal justice purposes. ADOPTED by the City Council on August 13, 2019.
_____________________________________ Karen Liebrecht, Mayor
ATTEST: ______________________________________
Debbie Burke, City Clerk
Moses Lake Council Packet 8-13-19, Page 216
STAFF REPORT
To: Kevin Fuhr, Interim City Manager
From: Fred Snoderly, Municipal Services Director
Date: July 31, 2019
Proceeding Type: New Business
Subject: Request to Connect to City Water and Sewer - 6708 College Parkway NE
Legislative History:
• First Presentation: August 13, 2019
• Second Presentation:
• Requested Action: Motion
Staff Report Summary
Ryan Doumit DBA Coco Ventures request approval for connecting to the City’s water and sewer
systems to serve a commercial training facility located at 6780 College Parkway NE, Parcel
#171049011. The property is within the Urban Growth Area and defined as non-contiguous lands
per Ordinance #3717. The property currently is undeveloped. The request and approval will be
for water and sewer connections. The City’s water and sewer systems have the capacity to serve
the lot. Approval will be conditioned on the property owner being required to sign an extra
territorial agreement (ETA) meeting the requirements of Ordinance 3717. The ETA must be in
place before a permit is issued for connecting to city services.
Background
The water main and sewer mains located adjacent to the property to be served were installed by
the US Air Force during the construction of the Larson Air Force Base. The City took over
ownership of the utilities in approximately 1966. The property is under County jurisdiction but
the property owner wishes to connect to the City water and sewer at this time.
Moses Lake Council Packet 8-13-19, Page 217
Fiscal and Policy Implications
Per Resolution No. 3717, non-contiguous lands are required to meet the conditions of Item #6 to
consider provision of water and/or sewer utilities to the property. The city would receipt typical
fees for connections to city water and sewer and collect charges per the rates established in the
MLMC.
Options
Option Results
• Move to approve the request The owners will provide an extra territorial
agreement and connect to City water and
sewer.
• Modify the request Action would require staff to bring a revised
document to Council for consideration.
• Take no action The proponent would not connect to City
utilities and pursue other options to provide
water and sewer to the property.
Staff Recommendation
Staff recommends City Council to approve to connect to the City water and sewer systems. If
approved, the owners will be required to sign an extra territorial agreement before issuing a
permit for the connections.
Attachments
A. Written Request, Vicinity Map
Legal Review N/A
Moses Lake Council Packet 8-13-19, Page 218
RECORD AND RETURN TO Legal Department City of Moses Lake P. O. Box 1579 Moses Lake, WA 98837
EXTRA TERRITORIAL UTILITY EXTENSION AGREEMENT, COVENANT RUNNING WITH THE LAND, AND POWER OF ATTORNEY Grantor: Ryan Doumit DBA Coco Ventures Grantee: The City of Moses Lake, WA Legal Desc. (Abbrev.) N/A Additional Legal on Page: 1 & 2 Assessor’s Tax Parcel No. 171049011
1. Parties: The parties to this Agreement are the City of Moses Lake, Washington (herein City), a
municipal corporation of the State of Washington, located entirely within Grant County, Washington, and Ryan Doumit DBA Coco Ventures (herein Developer).
2. Recitals:
2.1 The City is the owner of a municipal water and sewer system which operates within the City=s
limits and adjacent to real property near Moses Lake, Washington. 2,2 Developer desires to receive water and/or sewer utility service from the City for use upon Developer's real property located more than one half mile from the corporate limits of the City and located within the City’s Urban Growth Area (UGA). 2.3 The City, pursuant to Resolution No. 3509, requires that all contiguous and non-contiguous real property which receives water and/or sewer utility services from the City be subject to an agreement which affects the use of the real property served by the City utilities, restricts expansion of City utility services beyond those contracted for, and creates a covenant running with the land. 2.4 Developer is fully aware of the restrictions imposed upon Developer and Developer's successor(s), heir(s), and assign(s) by City Resolutions No. 3509 and enters into this Agreement freely and voluntarily. 3. Agreement: It is agreed by and between the parties as follows: 3.1 The City will provide the water and sewer utility services listed below to Developer at the premises stated, pursuant to the terms of this Agreement. 3.2 The real property to be serviced is located within the City’s UGA and is described per Grant County Assessor records as: PARCEL #171049011 6708 College Parkway NE Moses Lake WA
Moses Lake Council Packet 8-13-19, Page 219
TX# 8710 IN NW 32 20 28 TAX# 8710 COMMENCING AT THE INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY OF CHANUTE STREET AND THE CENTERLINE OF 32ND AVENUE; THENCE NORTH 00°52'25" WEST, 681.00
FEET ALONG THE CENTERLINE OF 32ND AVENUE TO THE TRUE POINT OF
BEGINNING, (WHICH POINT IS THE NORTHEAST CORNER OF A PARCEL
CONVEYED BY DEED RECORDED WITH THE GRANT COUNTY AUDITOR IN
BOOK 189, PAGES 653,654 AND 655, HEREINAFTER CALLED THE GRIFFIN PARCEL); THENCE CONTINUING NORTH 00°19'10" WEST ALONG THE CENTERLINE OF 32ND AVENUE, 807.48 FEET TO THE CENTERLINE OF AN EXISTING ROAD; THENCE SOUTH 46°11'05" WEST ALONG THE CENTERLINE
OF SAID EXISTING ROAD, 678.24 FEET; THENCE SOUTH 00°19'10" EAST
TO THE NORTH BOUNDARY OF GRIFFIN PARCEL, A DISTANCE OF 350 FEET
MORE OR LESS; THENCE NORTH 89°02'50" EAST ALONG THE NORTH
BOUNDARY OF THE GRIFFIN PARCEL TO THE TRUE POINT OF BEGINNING. EXCEPT THAT PORTION CONVEYED TO GRANT COUNTY FOR PUBLIC ROAD PURPOSES, UNDER QUIT CLAIM DEED RECORDED JANUARY 12, 1977
UNDER AUDITOR'S FILE NO. 644995, DESCRIBED AS FOLLOWS IN SECTION
32, TOWNSHIP 20 NORTH, RANGE 28 E.W.M., GRANT COUNTY,
WASHINGTON. COMMENCING AT THE INTERSECTION OF THE NORTHERLY
RIGHT-OF-WAY OF CHANUTE STREET AND THE CENTERLINE OF 32ND
AVENUE; THENCE NORTH 00°52'25" WEST, 681.00 FEET ALONG THE CENTERLINE OF 32ND AVENUE TO THE POINT OF INTERSECTION WITH THE CENTERLINE OF BOLLING STREET AND THE TRUE POINT OF BEGINNING;
THENCE NORTH 00°19'10" WEST ALONG THE CENTERLINE OF 32ND
AVENUE, 807.48 FEET; THENCE SOUTH 46°11'05" WEST, A DISTANCE OF
41.36 FEET; THENCE SOUTH 00°19'10" EAST, A DISTANCE OF 799.34 FEET;
THENCE NORTH 89°02'50" EAST, A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING. 3.3 This Agreement shall be filed for record in the Office of the Grant County Auditor and shall be in the nature of a covenant running with the premises. It is the intent of Developer to have this Agreement, so long as it is in force, to be considered, interpreted, and regarded as a covenant running with the land as to the premises. 3.4 All connections to the City water system or to the City sewer system shall comply with the ordinances and rules of the City with respect to the appropriate utility. Any connection to the City=s water and/or sewer system is subject to payment for the utility service of a rate established by the City which shall be subject to adjustment from time to time by the Moses Lake City Council. The availability of the utility authorized by this Agreement is subject to the capacity of the City's water system.
3.5 The water delivered pursuant to this Agreement shall be the same as other water delivered within the City’s system. The City makes no warranty as to such water quantity or quality other than it shall be delivered in accordance with the regulations applicable to city water systems. 3.6 The water service provided by the City is for one service connection to serve a commercial training facility. 3.7 The sewer utility service provided by the City is for one service connection to serve a commercial training facility.
3.8 Developer agrees and covenants that all sewer and/or water utility system components to be built and attached to the City's utility system shall be built to City standards. The standards applied by the City may include requiring construction in excess of that minimally required to
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connect the premises to City utilities where such additional construction is consistent with a City plan of service within the area of the premises. 3.9 Developer agrees and covenants that the premises will not be used in any manner or for any purpose inconsistent with or contrary to the land use controls in place as those controls now exist or as they may be from time to time altered, amended, or re-adopted. The Developer
acknowledges the premises are subject to development pursuant to regulations administered by Grant County. The Developer agrees the City may impose development conditions greater than those imposed by Grant County, but in no event greater than those imposed for similar development within the City’s limits, as a condition of receiving utility services under this Agreement. The premises currently are used in a manner consistent with the existing land use controls.
3.10 This Agreement is entered into by the City based on the utility uses identified above and the land uses identified by the Developer for the premises. Developer or the successor holder of the fee title to the premises shall be bound by this Agreement and be responsible to perform
under this Agreement. No subsequent leasehold, joint venture, or other tenancy or use agreement shall relieve the Developer or the Developer’s successor in interest from
performing under this Agreement. To continue this Agreement in effect and to continue a delivery of the identified utilities, any successor in interest shall execute an acknowledgment of this Agreement, Covenant, and
Power of Attorney in a form approved by the City.
3.11 Developer shall execute contemporaneously with this Agreement the subjoined Power of Attorney and subjoined Covenant respecting the annexation of the premises by the City. This
Power of Attorney is executed, as is this Agreement, by Developer with a full understanding that Developer may be waiving and transferring to the City a valuable right as a land owner as
respects annexation by the City. Developer waives any objection to annexation by the City. Developer acknowledges Developer has relied solely upon Developer's own legal counsel and
fully understands the legal rights Developer is or may be surrendering to the City by the execution of this Agreement and the subjoined Covenant and Power of Attorney.
3.12 Developer understands the delivery of utility services to these premises so long as they remain
outside the corporate limits of the city, is a discretionary act of the City and the execution of this Agreement and performance hereunder are not intended and shall not be considered as
an indication by the City of the intention to become a general provider of utility service beyond the terms of this contract, to these premises or any other lands located outside the corporate
limits of Moses Lake.
3.13 Developer acknowledges that so long as the premises remain outside the corporate limits of the City, any or all utility service provided under this Agreement by the City are, or may become
subject to, surcharges and/or increased charges in addition to the charges to similar customers located within the corporate limits.
3.14 Developer agrees that payment of service charges, surcharge assessments, and/or additional
charges required by City ordinances to be paid for the utility services mentioned above will in no way relieve the premises from Developer's share of any future Local Improvement District or Utility Local Improvement District payments which may be assessed to pay all or a portion of the expenses of installing main or mains, together with necessary valves, fire hydrants, pipe
fittings and all other appurtenances which may be installed to serve a district which includes the premises.
3.15 Developer agrees that in the event of a sale, gift, transfer, segregation, assignment, or device of Developer's fee interest in the premises it will disclose the existence of this Agreement.
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3.16 In the event of a breach of this Agreement by the Developer or any successor in interest, this Agreement, and all deliveries of utilities hereunder, shall be subject to termination thirty (30) days after notice to the Developer of the breach if the breach has not been cured. 3.17 In the event the premises is delivered City utilities pursuant to this Agreement and the premises become located outside the City’s UGA, this Agreement shall be deemed to have
been terminated as provided for in the provisions dealing with the term of this Agreement. The period of termination shall begin upon the date the premises become located outside the City=s
UGA unless the parties agree otherwise in writing.
3.18 The permission to obtain City utilities contained in this Agreement shall lapse and become null and void if the premises are not connected to the City’s utility system within five (2) years of the execution of this Agreement. Except there shall be no limitation for residential properties up to nine (9) lots from the date the commitment is given. 4. Term: This Agreement shall be in effect so long as Developer abides, observes, and performs this
Agreement and the premises remains outside the corporate limits of the City of Moses Lake. This Agreement may be terminated by either party giving at least eighteen (18) months written notice of termination to the other, unless a shorter notice is agreed to in writing. Upon annexation of these entire premises into the City of Moses Lake, this Agreement and the subjoined Covenant and Power of Attorney shall terminate and be of no further force or effect.
Dated: ____________________________________ Dated: _______________________________ By _______________________________________ By Ryan Doumit, President Coco Ventures Kevin Fuhr, Interim City Manager
State of Washington County of Grant
I certify that I know or have satisfactory evidence that Ryan Doumit signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act
of such party for the uses and purposes mentioned in the instrument. Dated _____________________________________ __________________________________________
Notary Public My appointment expires _______________________ State of Washington
County of Grant
I certify that I know or have satisfactory evidence that Kevin Fuhr signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the Substitute City Manager of the City of Moses Lake to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated _____________________________________ __________________________________________ Notary Public My appointment expires _______________________
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COVENANT RUNNING WITH THE LAND 1. Basis: The foregoing Extra Territorial Utility Extension Agreement shall be deemed to be a covenant running with the land affecting the entire premises described above. Such Covenant shall be recorded with the Grant County Auditor and become a covenant of record. Such Covenant shall remain in full force and effect for the life of the Extra Territorial Utility Extension Agreement. Any
attempt to cancel, restrict, or modify this Covenant independent of the Extra Territorial Utility Extension Agreement shall terminate said Agreement immediately unless such cancellation, modification, or restriction is agreed to by the Moses Lake City Council. This Covenant shall expire and be of no further force or effect upon the annexation of the entire premises described in the foregoing Extra Territorial Utility Extension Agreement into the City of Moses Lake. 2. Creation: Developer, as the owner in fee simple of the above described premises, hereby creates a covenant running with the land to affect and include the entire described premises. That Covenant shall include all the terms, conditions, limitations, and obligations of the Extra Territorial Utility Extension Agreement above.
Dated: _________________________________
By________________________________________ Ryan Doumit, President Coco Ventures
State of Washington
County of Grant
I certify that I know or have satisfactory evidence that Ryan Doumit, President Coco Ventures, signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be
the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated _____________________________________
__________________________________________
Notary Public
My appointment expires _______________________
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POWER OF ATTORNEY 1. Appointment: Developer hereby makes, constitutes, and appoints the City of Moses Lake, Washington Developer's true and lawful attorney for Developer and in Developer's name, place, and stead for the purposes stated herein. 2. Independent Advice: Developer has executed this Power of Attorney for the purposes stated after having a full understanding of the implications of the execution of this instrument. This Power of Attorney is also executed after being fully advised by Developer's own counsel as to the power being conveyed to the City of Moses Lake and with a full appreciation and waiver of any rights being abrogated. 3. Purpose: Developer appoints the City of Moses Lake as Developer's attorney for the purpose of executing any and all documents, petitions, requests, letters, or the like necessary or desirable in the process of the annexation of the premises described in the foregoing Extra Territorial Utility Extension Agreement into the corporate limits of the City of Moses Lake.
4. Termination: This Power of Attorney may be revoked by Developer only upon the termination of the
forgoing Extra Territorial Utility Extension Agreement, or upon the consent of the City of Moses Lake's City Council. The continued validity, viability, and existence of this Power of Attorney is a prerequisite of continued utility service delivery to the premises under the terms of the Extra Territorial Utility Extension Agreement by the City of Moses Lake. Termination of this Power of Attorney by
Developer shall immediately and automatically terminate the Extra Territorial Utility Extension Agreement between Developer and the City of Moses Lake. This Power of Attorney is deemed
revoked automatically upon the annexation of the entire premises described in the foregoing Extra Territorial Utility Extension Agreement into the corporate limits of the City of Moses Lake.
Dated: _________________________________
By_____________________________________
Ryan Doumit, President Coco Ventures
State of Washington County of Grant
I certify that I know or have satisfactory evidence that Ryan Doumit, President Coco Ventures, signed this
instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated _____________________________________
__________________________________________ Notary Public
My appointment expires _______________________
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