Final 2024 0716 Study Session Agenda PacketMoses Lake City Council
Dustin Swartz, Mayor | Judy Madewell, Deputy Mayor | Don Myers, Council Member | Mark Fancher, Council Member
Deanna Martinez, Council Member | David Skaug, Council Member | Victor Lombardi, Council Member
Tuesday, July 16, 2024
Moses Lake Civic Center – 401 S. Balsam
Joint Meeting with Planning Commission
Special Meeting Agenda
Call to Order – 5:30 p.m.
Development Code Update Study Session
(Continued from 6 meetings in June, and July 2)
This meeting will be focused on completing review of home occupations and
short term rentals, followed by the review of attached redline drafts in Chapters 15.100,
400, and 700.
Adjournment
Next Regular Council Meeting is scheduled for July 23, 2024
NOTICE: Individuals planning to attend the in-person meeting who require an interpreter or special
assistance to accommodate physical, hearing, or other impairments, need to contact the City Clerk
at (509) 764-3703 or Deputy City Clerk at (509) 764-3713 at least 24 hours in advance of the meeting.
Link to information on the development code update can be found from the homepage cityofml.com.
Part 15.100 ADMINISTRATION
Chapter 15.105 DEFINITIONS
Chapter 15.110 MEASUREMENTS
Chapter 15.120 GENERAL PROVISIONS
Chapter 15.125 ADMINISTRATIVE CODE INTERPRETATIONS
Part 15.100 Administration Page 2 of 55
Chapter 15.105
DEFINITIONS
Sections:
15.105.001 A Definitions.
15.105.002 B Definitions.
15.105.003 C Definitions.
15.105.004 D Definitions.
15.105.005 E Definitions.
15.105.006 F Definitions.
15.105.007 G Definitions.
15.105.008 H Definitions.
15.105.009 I Definitions.
15.105.010 J Definitions.
15.105.011 K Definitions.
15.105.012 L Definitions.
15.105.013 M Definitions.
15.105.014 N Definitions.
15.105.015 O Definitions.
15.105.016 P Definitions.
15.105.017 Q Definitions.
15.105.018 R Definitions.
15.105.019 S Definitions.
15.105.020 T Definitions.
15.105.021 U Definitions.
15.105.022 V Definitions.
15.105.023 W Definitions.
15.105.024 X Definitions.
15.105.025 Y Definitions.
15.105.026 Z Definitions.
15.105.001 A Definitions.
“Accessory Dwelling Unit” “ADU” means 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.
“Accessory Dwelling Unit, Attached” means an accessory dwelling unit that is attached to or
part of the principal dwelling. Examples include converted living spaces, basements, attics,
attached garages, additions, or any combination thereof, that also meet the base definition
of an ADU.
“Accessory Dwelling Unit, Detached” means an accessory dwelling unit that is separate and
detached from the principal dwelling that also meets the base definition of an ADU.
Examples include converted garages or new standalone construction.
Part 15.100 Administration Page 3 of 55
“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.
“Accessory Structure” means 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.
“Adjoining” means next to, abutting.
“Activity Trail” means trails or paths that are designated for bicycle and pedestrian use.
Activity trails are typically ten feet (10') wide, unobstructed trails, with four feet (4') or more
of clearance on each side, and ten feet (10') of vertical clearance. Activity trails may be
widened sidewalks, designated roadway lanes, or separate trails from sidewalks or streets.
The Activity Trail Master Plan that was adopted by City Council provides guidance on the
construction of activity trails and their locations.
“Additional Work” means all work that is required to finish an incomplete project so that it
is acceptable per the terms of the permit. Costs of additional work include all costs for work
as well as all costs for enforcement actions required to obtain payment for additional work.
“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.
“Adult Arcade, Adult Panorama Theater, Adult Panorama” means any place to which the
public is permitted or invited and where coin operated or slug operated or electronically,
electrically, or mechanically controlled still or motion picture machines, projectors, or other
image producing devices are maintained to show images to persons in booths or viewing
rooms where the images so displayed depict or describe “specified sexual activities” or
“specified anatomical areas.”
“Adult Cabaret or Adult Entertainment Business” means an establishment to which
customers are invited or permitted access, and which, for consideration of any kind, offers
adult materials to such customers when any live, video, or film materials are displayed to
customers while on the premises. Adult entertainment businesses include, but are not
limited to, any adult mini-theater, adult motion picture theater, adult arcade, or live adult
entertainment establishments.
“Adult Entertainment” means:
1. Any exhibition, performance or dance of any type conducted in a premises where
such exhibition, performance, or dance involves a person who is unclothed or in
such costume, attire, or clothing as to expose any portion of the female breast
below the top of the areola or any portion of the pubic region, anus, buttocks, vulva
Part 15.100 Administration Page 4 of 55
or genitals, or wearing any device or covering exposed to view which simulates the
appearance of any portion of the female breast below the top of the areola or any
portion of the pubic region, anus, buttocks, vulva or genitals, or human male
genitals in a discernibly turgid state, even if completely and opaquely covered; or
2. Any exhibition, performance or dance of any type conducted in a premises where
such exhibition, performance or dance is distinguished or characterized by a
predominant emphasis on the depiction, description, simulation, or relation to the
following specified sexual activities:
a. Human genitals in a state of sexual stimulation or arousal,
b. Acts of human masturbation, sexual intercourse or sodomy, or
c. Fondling or other erotic touching of human genitals, pubic region, buttocks or
female breast; or
Any exhibition, performance or dance which is intended to sexually stimulate any
member of the public and which is conducted on a regular basis or as a substantial
part of the premises activity. This includes, but is not limited to, any such exhibition,
performance or dance performed for, arranged with or engaged in with fewer than
all members of the public on the premises at that time, with separate consideration
paid, either directly or indirectly, for such performance, exhibition or dance and
which is commonly referred to as table dancing, couch dancing, taxi dancing, lap
dancing, private dancing or straddle dancing.
“Adult Entertainment Establishment (Live)” means any building or portion of a building to
which any member of the public is invited or admitted and where any employee or
entertainer, on a regular basis or as a substantial part of the premises activity, conducts any
exhibition, performance, or dance of any type which contains:
1. Specified sexual activities;
2. Any display of specified anatomical areas; or
3. Any conduct intended to sexually stimulate any member of the public, including but
not limited to any such exhibition, performance, or dance performed for, arranged
with, or engaged in with fewer than all members of the public on the premises at
that time, with separate consideration paid either directly or indirectly for such
activity, and commonly referred to as table dancing, couch dancing, taxi dancing, lap
dancing, private dancing, or straddle dancing.
“Adult Entertainment Manager” means any person who manages, directs, administers or is
in charge of the affairs and/or conduct of any portion of any activity involving adult
entertainment occurring at any adult cabaret or adult entertainment business, and includes
assistant managers working with or under the direction of a manager to carry out such
purposes.
“Adult Entertainment Operator” means any person applying for or operating, conducting, or
maintaining any adult entertainment business.
“Adult Entertainment Operator Control Person” means all partners, corporate officers and
directors and any other individuals in the Adult Entertainment Operator’s business
Part 15.100 Administration Page 5 of 55
organization who hold a significant interest in the adult entertainment business, based on
the responsibility for management of the adult entertainment business.
“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 (1) but not more than six (6)
adults who are not related by blood or marriage to the person or persons providing the
services.
“Adult Material” means material, conveyed or communicated by live performance, still
photograph, printed or pictorial matter, motion picture film, slide, video cassette, digital
video disk, recorded graphic or visual imagery, human conduct, or any other medium, which
material is intended to provide sexual stimulation or sexual gratification, and which is
distinguished or characterized by an emphasis on matter depicting, describing, or relating to
specified sexual activities or specified anatomical areas. “Adult material” also includes any
instrument, device, or paraphernalia designed for use in connection with specified sexual
activities.
“Adult Mini Theater” means an enclosed or drive-in theater used for presenting material
distinguished or characterized by an emphasis on matters depicting, describing or relating to
“specified sexual activities” or “specified anatomical areas” for observation by patrons
therein.
“Adult Motion Picture Theater” means an enclosed or drive-in theater with a capacity of 8 or
more persons used for presenting material distinguished or characterized by an emphasis on
matters depicting, describing, or relating to “specified sexual activities” or “specified
anatomical areas” for observation by patrons therein.
“Adult Panorama Theater or Adult Panorama” means any place to which the public is
permitted or invited and where coin operated or slug operated or electronically, electrically,
or mechanically controlled still or motion picture machines, projectors, or other image
producing devices are maintained to show images to persons in booths or viewing rooms
where the images so displayed depict or describe “specified sexual activities” or “specified
anatomical areas.”
“Adult Entertainment Applicant Control Persons” means all partners, corporate officers and
directors and any other individuals in the Applicant’s business organization who hold a
significant interest in the adult cabaret or adult entertainment business, based on
responsibility for management of the adult cabaret or adult entertainment business.
“Adult Entertainment Cabaret” means any room, place, or space whatsoever in the City in
which any music, singing, dancing, or other similar entertainment is permitted in connection
with any hotel, restaurant, café, club, tavern, eating place, directly selling, serving, or
providing the public, with or without charge, food or liquor. The words “music and
entertainment” as used herein, shall not apply to radios or mechanical devices.
Part 15.100 Administration Page 6 of 55
“Adult Entertainment Employee” means any and all persons, including managers,
entertainers and independent contractors, who work in or at or render any services directly
related to the operation of an adult entertainment business.
“Adult Entertainer” means any person who provides live adult entertainment within an
adult entertainment business as defined herein whether or not a fee is charged or accepted
for entertainment.
“Adult Entertainment, Member of the Public” means any customer, patron, club member, or
person, other than an employee as defined herein, who is invited or admitted to a cabaret.
“Affordable Housing” means housing used as the primary residence of an affordable housing
qualified household. Unless otherwise specified, the price of affordable units is based on
that amount a household can afford to pay for housing, when household income is less than
eighty percent (80%) of the median annual income, adjusted for household size, as
determined by the United States Department of Housing and Urban Development.
“Affordable Housing Unit” means, for the purposes of the MLUDC, housing reserved for
occupancy by eligible households and affordable to households with annual incomes below
eighty percent (80%) of the regional median income, adjusted for household size, and no
more than thirty percent (30%) of the monthly household income is paid for monthly
housing expenses. Housing expenses for ownership housing include mortgage, property
taxes, property insurance, and homeowner dues. Housing expenses for rental housing
include rent and appropriate utility allowance.
“Agricultural/Agriculture Lands” means lands that are not already characterized by urban
growth and are of long-term commercial significance for the commercial production of
horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products, or of
berries, grain, hay, straw, turf, seed, livestock, and Christmas trees not subject to excise tax.
“Airport Approach Surface” means a surface longitudinally centered on the extended
runway centerline, extending outward and upward from the end of the primary surface and
at the same slope as the approach zone height limitation slope. In plan the perimeter of the
approach surface coincides with the perimeter of the approach zone.
“Airport Conical Surface” means a surface extending outward and upward from the
periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000
feet.
“Airport Elevation” means the highest point of an airport’s usable landing area measured in
feet from sea level.
“Alley” means a service way providing a secondary means of public access to abutting
property and not intended for general traffic circulation.
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“Alteration” means any change, addition or modification in construction or occupancy or
any change, addition, or modification to a site, building or occupancy.
“Amusement Park” means a tract or area used principally as a permanent location for
amusement devices, rides and structures, and usually having booths for games or
refreshments. For seasonal operations and portable equipment see “Fairgrounds”.
“Antenna, Alternative Support Structures” includes flat roofs of buildings that are greater
than thirty-five feet in height above the street grade upon which such buildings front, bell
towers, clock towers, water towers, church steeples, street light standards, traffic light and
traffic sign structures, bill boards and commercial signs, and other man-made structures and
devices that extend vertically from the ground to a sufficient height or elevation to
accommodate the attachment of antennas at an altitude or elevation that is desirable for
wireless communications signal transmission and reception.
“Antenna” means any exterior apparatus designed for telephonic, radio, data, internet, or
other communications through the sending and/or receiving of radio frequency signals
including, but not limited to, equipment attached to an antenna support structure or
alternative antenna support structure for the purpose of providing wireless services.
“Antenna, Attached” means a wireless communication antenna which is fixed to an
alternative antenna support structure.
“Antenna Support Structure” means a structure or device specifically designed, constructed
and/or erected for the purpose of attaching, mounting or otherwise affixing antennas at a
height, altitude, or elevation which is significantly above the base of such structure; antenna
support structures include the following: Lattice Tower and Monopole Tower.
“Apartment” means a building or portion of a building arranged or designed to be occupied
by three or more families living independently of each other.
“Applicant” means the person, party, firm, corporation, or other legal entity that proposes
any activity. The Applicant is either the owner of the land on which the proposed activity
would be located, or the designated representative authorized to act on behalf of the owner
of the land, or both.
“Arcade” means a continuously covered area which functions as a weather protected
extension of the publicly accessible space which it abuts.
“Aquifer Recharge Areas” means areas which serve as critical groundwater recharge areas
and which are highly vulnerable to contamination from intensive land uses within these
areas.
“Area of Shallow Flooding” means a designated zone AO, AH, AR/AO or AR/AH (or VO) on a
community’s flood insurance rate map (FIRM) with a one percent chance or greater annual
Part 15.100 Administration Page 8 of 55
chance of flooding to an average depth of one to three feet where a clearly defined channel
does not exist, where the path of flooding is unpredictable, and where velocity flow may be
evident. Such flooding is characterized by ponding or sheet flow. Also referred to as the
sheet flow area.
“Area of Special Flood Hazard” means the land in the flood plain within a community subject
to a one percent (1%) or greater chance of flooding in any given year. Designation on flood
insurance rate maps always includes the letters A, AO, AH, A1-30, AE, A99, AR (V, VO, V1-30,
VE). Definitions of each zone are established by the Federal Emergency Management
Agency (FEMA). “Special flood hazard area” is synonymous with the phrase “area of special
flood hazard”.
“Articulation” means the giving of emphasis to architectural elements (like windows,
balconies, entries, etc.) that create a complimentary pattern or rhythm, dividing the large
buildings into smaller identifiable pieces.
“Auto Wrecking Yard” means any area, lot, land, parcel, building, structure, or part thereof
where buying, selling, or dealing in vehicles of a type required to be registered under
Washington State law, for the purpose of wrecking, dismantling, disassembling, or
substantially changing the form of a vehicle, or buying or selling integral secondhand parts,
in whole or in part is taking place.
“Auto Repair” means a building or portion thereof designed and used for storage, repair or
servicing of motor vehicles or boats as a business.
“Assisted Living” means an establishment which provides living quarters and a variety of
limited personal care and supportive health care to individuals who are unable to live
independently due to infirmity of age, physical or mental handicap, but who do not need the
skilled nursing care of a convalescent or nursing home.
“Average Daily Traffic” means the total average volume of traffic that passes or is estimated
to pass a point or segment of a roadway facility, in both directions, during a twenty-four (24)
hour period that does not include weekends. When the average daily traffic is required to
be provided for future estimates, it shall be based on industry standard calculations.
15.105.002 B Definitions.
“Base Flood” means the flood having a one percent (1%) chance of being equaled or
exceeded in any given year. Also referred to as the “100-year flood.”
“Base flood elevation (BFE)” means the elevation to which floodwater is anticipated to rise
during the base flood.
“Basement” means any area of the building having its floor sub-grade (below ground level)
on all sides.
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“Bed and Breakfast” means an owner-occupied dwelling which temporarily houses guests
for profit. A bed and breakfast does not include a rooming house.
“Best Available Science” means current scientific information used in the process to
designate, protect, or restore critical areas that is derived from a valid scientific process
following WAC 365-195-900 through 365-195-925.
“Binding Site Plan” means an alternative procedure for the orderly and efficient division of a
single lot of a recorded plat into parcels.
“Block” means a group of lots, tracts, or parcels bounded by streets, pedestrian access ways,
and other private internal circulation routes that allow for public access.
“Boarding House or Lodging House” means an establishment with lodging for five or more
persons on a weekly or longer basis with a central kitchen and dining area maintained
exclusively for residents and their guests, for compensation.
“Brewery” means an establishment which manufactures fermented malt beverages on site.
A brewery may sell products manufactured on site for on-premises and off-premises
consumption but does not meet the requirements to be considered a brewpub.
“Brewpub” means a restaurant that manufactures up to 5,000 barrels of fermented malt
beverages per year on premises as an accessory use. Such an accessory use shall not occupy
more than thirty percent (30%) of the gross floor area of the restaurant.
“Buildable Area/Building Envelope” means the net area of a site where construction can
legally and reasonably take place, after minimum open space, landscaping, setback and any
other applicable zoning requirements have been applied.
“Building” means any structure having a roof supported by columns or walls used or
intended to be used for the shelter or enclosure of persons, animals, or property of any
kind. (See “Structure.”)
“Building Area” means the total square footage of the building, including basements and
mezzanines.
“Building height” means the vertical distance measured from the average grade to the
highest point on the roof, ridge, or parapet wall.
“Building Official” means the Building Official of the City of Moses Lake or the Building
Official’s designated representative.
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15.105.003 C Definitions.
“Caliper” means the diameter of a tree in inches as measured according to specifications
promulgated by the American Association of Nurserymen in American Standard For Nursery
Stock, ANSI Z60,1-1990.
“Campground, Public” means a City owned facility which provides passive recreation
activities such as beaches, trails, camping sites, horticultural exhibits, or interpretive
centers.
‘Campground, Private” means a facility under private ownership which provides passive
recreation activities such as beaches, trails, camping sites, horticultural exhibits, or
interpretive centers.
“Cargo Containers or Containers” are standardized reusable vessels that were: (1) originally,
specifically, or formerly designed for or used in the packing, shipping, movement or
transportation of freight, articles, good or commodities; and/or (2) designed for or capable
of being mounted or moved by rail, truck, or ship by means of being mounted on a chassis
or similar transport device. This definition includes the terms “transport containers” and
“portable site storage containers.
“Churches, Temples, Synagogues, Etc.” means a facility operated for worship, prayer,
meditation or similar activity by an organization granted tax exempt status by the Federal
Internal Revenue Service. Also known as “Religious Facility”.
“City” means the City of Moses Lake, Washington, a municipal corporation.
“City Engineer” means the Public Works Director or the Public Works Director’s designee.
“Clearview Triangle” see “Sight Distance Triangle”.
“Clearing” means the removal of brush, grass, ground cover, or other vegetative matter
from a site which exposes the surface of the site.
“Clinic” means a place where group medical services are performed, not including the
overnight housing of patients.
“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.
“Cluster Housing Developments” means detached and/or attached dwelling units arranged
in close groups similar to cottage housing with a buffer zone for critical areas and/or
outdoor recreation which may be on individual lots.
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“Co-location” means (1) mounting or installing an antenna facility on a preexisting structure,
and/or (2) modifying a structure for the purpose of mounting or installing an antenna facility
on that structure; provided, that, for purposes of eligible facilities requests, “co-location”
means the mounting or installation of transmission equipment on an eligible support
structure for the purpose of transmitting and/or receiving radio frequency signals for
communications purposes.
“Commercial Building” means churches, schools, and buildings classified under the State
Building Code within the occupancy groups A, B, E, F, H, I, M, R-1, and S.
“Commercial Coach” means a structure transportable in one (1) or more sections that is
built on a permanent chassis and designed to be used for commercial purposes with or
without a permanent foundation when connected to the required utilities. A commercial
coach is labeled with a black insignia in compliance with Washington State Department of
Labor and Industries regulations.
“Commercial Lodging, Business or Tourist” means transient lodging provided for a fee or
charge in a hotel, motel, boarding house, bed and breakfast, short term stay use or other
granting of any similar license to use real property for a period of less than thirty (30) days.
“Commercial Lodging, Convention” means transient lodging provided for a fee or charge in a
hotel, motel, boarding house, bed and breakfast, short term stay use or other granting of
any similar license to use real property for a period of less than thirty (30) days associated
with a convention center.
“Commercial Significance, Long Term” means the growing capacity, productivity, and soil
composition of the land for long-term commercial production, in consideration with the
land’s proximity to population areas, and the possibility of more intense use of the land.
“Community Development Director” refers to the designated City employee responsible for
overseeing the Community Development Department of the City of Moses Lake, or the
Community Development Director’s designee.
“Community Center” means a structure owned and operated by a nonprofit public or
private corporation and used as a public meeting place for recreation, education, and the
general good of the community.
“Community Garden” means privately or public owned land used for the cultivation of fruits,
vegetables, plants, flowers, or herbs by multiple users. Community gardens may be divided
into separate plots for cultivation by one or more individuals or may be farmed collectively
by member of the group and may include common areas maintained or used by group
members.
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“Compensatory Mitigation” means mitigation for wetland losses or impacts resulting from
alteration of wetlands and/or their buffers. It includes, but is not limited to, creation,
enhancement, and restoration.
“Composting Facility” means a location where organic municipal solid waste is collected and
stored in a controlled setting in accordance with state law. The stored materials can be
used as compost fertilizer for plants. These facilities will often be a centralized location
within municipal programs and include the collection of leaf and yard waste.
“Comprehensive Plan” means the generalized coordinated land use policy statement of the
City of Moses Lake adopted pursuant to the Growth Management Act.
“Conference Center” means an establishment developed primarily as a meeting facility,
including only facilities for recreation, overnight lodging, and related activities provided for
conference participants.
“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.
“Condominium Dwelling” means a dwelling unit, established under Chapters 64.32 or 64.34
RCW, owned separately from any other unit within the same building, if any, and the lot on
which the building is located is owned in common by all dwelling unit owners.
“Congregate Care / Assisted Living” means a dwelling providing shelter and services for the
elderly which may include meals, housekeeping, and personal care assistance.
“Contractor Construction Services” A use which combines administrative offices with on-site
storage of equipment or materials
“Construction Plans” means the maps, drawings, and specifications that are stamped by a
professional engineer, that show and describe the specific location and design of
improvements to be installed or constructed.
“Construction Site Operator” means a person, firm, corporation, subdivider, developer,
contractor, property owner, or any agent of a property owner who causes construction
activity.
“Contaminant” means any chemical, physical, biological, or radiological material that is not
naturally occurring and is introduced into the environment by human action, accident, or
negligence.
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“Cooperative” means a group of more than one, but not more than four qualified medical
marijuana patients and/or designated providers who share responsibility for growing and
processing marijuana only for the medical use of the members of the cooperative.
“Cottage Housing” means single dwelling units grouped together in clusters with shared
common open spaces, parking, access, amenities, and facilities on a single lotresidential
units on a lot with a common open space that either (a) is owned in common; or (b) has
units owned as condominium units with property owned in common and a minimum of
twenty percent (20%) of the lot size as open space.
“Courtyard Apartments” means attached one or two stories dwelling units centered on a
shared outdoor open space or garden and only accessed by courtyard from the street (and
not by an interior corridor).up to four attached dwelling units arranged on two or three
sides of a yard or court.
“Critical Area/Wetland Enhancement” means actions performed to improve the condition of
existing degraded wetlands and/or buffers so that the functions they provide are of a higher
quality (e.g., increasing plant diversity, increasing wildlife habitat, installing environmentally
compatible erosion controls, removing non-indigenous plant or animal species, removing fill
material or garbage, etc.).
“Critical Areas” means an area or combination of areas or ecosystems which include
wetlands, aquifer recharge areas, frequently flooded areas, geologically hazardous areas,
and fish and wildlife habitat conservation areas. See MLUDC Chapter 15.515.
“Critical Facility” means a facility for which even a slight chance of flooding would represent
a major risk. Critical facilities include, but are not limited to, schools, nursing homes,
hospitals, police, fire and emergency response installations, installations which produce,
use, or store hazardous materials or hazardous waste of a type and amounts deemed to be
inappropriately located in a 100-year floodplain.
“Cryptocurrency Mining” means the operation of specialized computer equipment for the
primary purpose of mining one (1) or more blockchain based cryptocurrencies such as
Bitcoin. This activity typically involves the solving of algorithms as part of the development
and maintenance of a blockchain which is a type of distributed ledger maintained on a peer-
to-peer network. Typical physical characteristics of cryptocurrency mining include
specialized computer hardware; high density load (HDL) electricity use; a high energy use
intensity (EUI) where the operating square footage as determined by the utility is above two
hundred fifty (250) kWh/ft2/year and with a high load factor in addition to the use of
equipment to cool the hardware and operating space. 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.
“Cul De Sac” means a street with no outlet, commonly referred to as a dead end street.
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“Cul De Sac Bulb” means the circular turn around at the end of a cul-de-sac
“Cultivation” means the planting, growing, harvesting, drying, or processing of marijuana
plants or any part thereof.
15.105.004 D Definitions.
“Dangerous Waste” means those wastes designated by the Revised Code of Washington
(RCW) or Washington Administrative Code (WAC) as dangerous or extremely hazardous
waste.
“Data Center/Server Farm/Cluster” means 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.
“Data Maps” means a series of maps that are maintained by the Community Development
Department for the purpose of graphically depicting the boundaries of resource lands and
critical areas.
“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.
“Day Care Center, Adult or Child, Level 1 & 2” means an establishment for group care of
nonresident adults or children. See MLUDC Chapter 15.605.
“Dead-End Street” means a municipal or private street that has a single egress via the
intended route. Cul-de-sac streets are considered dead-end streets.
“Dedication” means the deliberate appropriation of land by an owner for any general and
public uses, for which the owner reserves no other rights than such as are compatible with
the full exercise and enjoyment of the public uses to which the property has been
appropriated.
“Density” means the number of dwelling units within a given unit of land.
“Developer” means a legal property owner who has completed municipal improvements as
a result of ordinances that required the improvements as a pre-requisite to further property
development. May include the Applicant, or agent of the Applicant.
“Development” means the physical extension and/or construction of urban land uses.
Development activities include, but is not limited to: subdivision of land; change in intensity
of use of land; construction, reconstruction, demolition or partial demolition or alteration of
buildings, roads, utilities, and other facilities; commencement of drilling (except for a
Part 15.100 Administration Page 15 of 55
permitted well or to obtain soil samples), mining, or excavation; grading, deposit of fill
materials; and clearing of natural vegetation cover, etc.
“Development (as pertains to the special flood hazard area)” means the division of a parcel
of land into two or more parcels; the construction, reconstruction, conversion, structural
alteration, relocation, or enlargement of any structure; any manmade change to improved
or unimproved real estate, including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations or storage equipment or
materials located within the area of special flood hazard; and use of land or water or the
intensification or expansion of the use of land or water.
“Development Agreement” means a contract between an Applicant and the City defining
their respective roles and responsibilities for final approval of a land development.
“Development Application” means a written request completed by an Applicant, seeking
City approval for a development. This could include any land use or environmental permit,
license or action applied for and regulated by the MLUDC, including but not limited to
building permits, subdivisions, binding site plans, planned development district overlays,
rezones, mobile home parks, home occupations or conditional use permits.
“Development Code” means any code associated with or regulating development, including
but not limited to the MLUDC.
“Director” means the City of Moses Lake Community Development Director or designee,
unless otherwise specified.
“Distillery” means a facility which produces spirits for consumption, the sales and
distribution of which are subject to regulation by the Washington State Liquor Control
Board.
“District” means a zoning district unless otherwise defined.
“Disposal, Industrial” means the storage, processing, or disposal of dangerous waste shall be
subject to the regulations of the Washington State Department of Ecology.
“Division of Land” means the division of any land into two (2) or more lots, tracts, or parcels.
“Docket” means the process for determining which proposed annual comprehensive plan
amendments will be considered during the annual review process. See MLUDC Chapter
15.240.
“Domicile” as it pertains to marijuana cooperatives means a person’s true, fixed, primary
permanent home and place of habitation and the tax parcel on which it is located. It is the
place where the person intends to remain and to which the person expects to return when
the person leaves without intending to establish a new domicile elsewhere.
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“Driveway” means a private access that is constructed in accordance with the Community
Street and Utility Standards.
“Dual Frontage Properties” refers to properties that have street frontage on two opposite
boundaries, one of which is the street address and primary access.
“Dwelling” means any building or portion thereof designed or used for a residence or
sleeping place of one (1) or more persons.
“Dwelling, Cottage” “Cottage” means a small single-family swelling that is clustered with
other similar units surrounding a common open space. See MLUDC Chapter 15.415 for
special cottage housing provisions.
“Dwelling Unit” means one (1) or more habitable rooms for one (1) family with facilities for
living, sleeping, cooking, eating, and sanitation.
“Dwelling, Live-Work Units” are a type of Mixed Use development that combines
commercial or manufacturing space within the same structure as a residential living space
that is designed for that business owner.
“Dwelling, Multifamily” means a building or portion thereof designed or used as a residence
and containing more than four (4) dwelling units.
“Dwelling, Single-family” means a dwelling designed or used for residence and containing
only one (1) dwelling unit, or one dwelling unit with an attached or detached accessory
dwelling unit used, intended, or designed to be used, rented, leased, let, or hired out to be
occupied for living purposes, intended for occupancy by one family which may be either the
lot owner or a renter.
“Dwelling, Two (2) Dwelling or Duplex” a building designed or used for residential purposes
and containing two (2) dwelling units.
15.105.005 E Definitions.
“Earth/Earth Material” means naturally occurring rock, soil, stone, sediment, organic
material, or combination thereof.
“Easement” means a grant of one (1) or more rights in property by the property owner to
and for the use by the public, the City, a corporation, or another person or entity. See also
Municipal Easement, Private Easement, and Public Utility Easement.
“Easement, Municipal” means an easement that is accepted by the City for constructing,
maintaining, and servicing municipal improvements, and for permitted public and private
uses.
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“Easement, Private” means an easement that is provided to an individual or group of
individuals. Any property rights related to private easements shall only belong to those
individuals to whom the private easement is provided.
“Easement, Public Utility” means a nonexclusive easement granted to public utility providers
for the express use of locating public utilities.
“Electric Vehicle Charging Station” means a power supply device that supplies electrical
power for recharging plug-in electric vehicles (including battery electric vehicles, electric
trucks, electric buses, neighborhood electric vehicles and plug-in hybrid vehicles).
“Emergency Housing” means a facility whose primary purpose is to provide temporary or
transitional shelter and supportive services to the homeless in general or to a specific
population of the homeless for no more than sixty (60) days.
“Engineer” means a City employee who is designated by the Public Works Director to
oversee a particular construction project.
“Entertainment” means any exhibition or dance of any type, pantomime, modeling, or any
other performance.
“Erosion” means the wearing away of the earth’s surface as a result of the movement of
wind, water, or ice.
“Erosion Hazard Areas” means areas which are areas likely to become unstable, such as
bluffs, steep slopes, and areas with unconsolidated soils. Areas which have been rated as
severe or very severe for building site development on slopes by the United States
Department of Agriculture Soil Conservation Service Soil Survey for Grant County are
included within this definition.
“Excavation” means the manual and or mechanical removal of earth material or fill.
“Existing and Ongoing Agricultural Activities” means those activities conducted on lands
defined in RCW 84.34.020 (2).
“Exhibition Halls and Museums” means public facilities designed to increase the
community’s understanding and appreciation of natural and cultural history which may
include components such as exhibit, display, educational and research facilities; interpretive
kiosks; wildlife viewing areas; scenic overlooks; self-guided trails and interpretive signs and
labels.
15.105.006 F Definitions.
“Façade” means one (1) or more exterior walls of a building that face one (1) direction,
including parapets and openings such as doors and windows.
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“Family” means one or more persons, either related or unrelated, living together as a single
housekeeping unit, as distinguished from a group occupying a boarding or lodging house or
hotel.
“Fairgrounds” means a seasonal use operated for profit offering portable facilities and
equipment for recreation and entertainment.
“Fill/Fill Material” means a deposit of earth material, placed by human or mechanical, and
which is not defined as solid waste according to Chapter 70.95 RCW.
“Filling” means the act of placing fill material on any surface.
“Final Plat” means the plat of the final subdivision. An approved final plat is a final plat that
has been approved, with conditions. Final major and short plats are approved as provided in
the MLUDC. All approved final plats will be signified by a written notice of final plat approval
that is prepared by the Director, with the conditions of approval listed in the notice.
“Fish and Wildlife Habitat Areas” means areas which, in a natural state, serve as an
important habitat for locally important species, including, but not limited to, riparian
ecosystems, naturally occurring ponds under twenty (20) acres; or areas in which rare,
threatened, or endangered species have a primary association.
“Flood Insurance Rate Map (Firm)” means the official map on which the Federal Insurance
Administration has delineated both the areas of special flood hazards and the risk premium
zones applicable to the community.
“Flood Insurance Study” means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Insurance Rate Maps, and the water
surface elevation of the base flood.
“Flood or Flooding” means a general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland or tidal waters and/or the
unusual and rapid accumulation of run-off of surface waters from any source.
“Floodway” means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation more than one foot (1').
“Franchise” means a special privilege conferred by the City to an individual or corporation,
which special privilege does not belong to the general public.
“Franchise Permit” means a permit that authorizes a franchisee to install, remove, or
replace existing or proposed municipal improvements.
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“Freeway Interchange Sign” means a freestanding 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.
“Freeway Sign” means a freestanding 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.
“Frequently Flooded Areas” means areas within the City of Moses Lake which are
determined to be at risk of having one percent (1%) or greater chance of experiencing a
flood in any one (1) year, with those areas defined and identified on the Federal Emergency
Management Administration (FEMA) Flood Insurance Rate Maps for the City of Moses Lake.
“Fueling or Service Stations” means any area of land, including the structures thereon, that
is used for the sale of gasoline or other motor fuels, oils, lubricants and auto accessories
(including areas for storage) and which may or may not include, lubricating and other minor
servicing but no painting operation
“Full-Time” means at least eleven (11) months out of the year.
“Funeral Home” means a building or part thereof used for human funeral services. Such
building may contain space and facilities for (a) embalming and the performance of other
services used in the preparation of the dead for burial; (b) the performance of autopsies and
other surgical procedures; (c) the storage of caskets, funeral urns and other related funeral
supplies; (d) the storage of funeral vehicles; and (e) facilities for cremation.
“Fruit or Vegetable Stand” means any facility from which seasonal fresh fruits or vegetables
produced within the state of Washington are sold to the public. Fruit or vegetable stand
includes roadside stands, farmer's markets, trucks or other conveyances and temporary
open air parking lot stands other than those owned or operated by retail grocery stores.
Such facilities may or may not be owned, leased, or otherwise operated by the producer of
the fruits or vegetables.
15.105.007 G Definitions.
“General Plan” means the General Plan of the City as adopted by the City Council (same as
Comprehensive Plan).
“Geologically Hazardous Areas” means areas designated within the City of Moses Lake
which are not suited for siting commercial, residential, or industrial development because of
their susceptibility to erosion, sliding, earthquake, or other geological events. These areas
shall include erosion hazard areas, landslide hazard areas, and seismic hazard areas.
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“Golf Course” means an area of land where nine or 18 holes of golf is played. A golf course
may, or may not, include putting course and driving range. A golf course does not include
miniature golf which is defined as Indoor Amusement, Recreation and Entertainment.
“Grade (Ground Level)” means the average of the finished ground level at the center of all
walls of a building.
“Grading” means any excavating, filling, clearing, leveling, or contouring of the ground
surface of a site.
“Gross Floor Area” means all floor area within the exterior walls of a building, including
areas in halls, storage, and partitions.
“Group R-1 and R-2 Occupancies” means occupancies as defined by the currently adopted
State Fire Code.
15.105.008 H Definitions.
“Habitat Management Plan” means a report prepared by a qualified wildlife biologist for the
management of fish and wildlife habitat areas.
“Hazard to Air Navigation” means any obstruction determined to have a substantial adverse
effect on the safe and efficient utilization of the navigable airspace.
“Hazardous Substance” means any material that exhibits any of the characteristics or
criteria of hazardous waste, inclusive of waste oil and petroleum products, and which
further meets the definitions of “hazardous waste” pursuant to Chapter 173-303 WAC.
“Hazardous Waste” means all dangerous and extremely hazardous waste as defined in the
Revised Code of Washington (RCW) or Washington Administrative Code (WAC).
“Heliport Primary Surface” means the area of the primary surface coincides in size and
shape with the designed takeoff and landing area of a heliport. This surface is a horizontal
plane at the elevation of the established heliport elevation.
“Hillsides” means geologic features with slopes of fifteen percent (15%) or greater. (Vertical
Distance)/H (Horizontal Distance) x 100= Slope %.
“Home Occupation” means any endeavor conducted for financial gain or profit in a dwelling
unit where the endeavor is not generally characteristic of activities for which dwelling units
are intended or designed; provided, that endeavors where the only activities include the
receipt of mail, the use of a telephone, the occasional commercial delivery of goods and
materials not inconsistent with such deliveries in residential neighborhoods, and occasional
vehicular traffic not inconsistent with such vehicular traffic in residential neighborhoods, are
not considered home occupations subject to permitting requirements under the MLUDC.
Part 15.100 Administration Page 21 of 55
“Horizontal Surface” means a horizontal plane 150 feet above the established airport
elevation, the perimeter of which in plan coincides with the perimeter of the horizontal
zone.
“Hospital” means a building requiring a license pursuant to Chapter 70.41 RCW and
designed and used for the medical, surgical diagnosis, treatment and housing of persons
under the care of doctors and nurses and including ancillary uses such as cafeterias, florists
and patient- and visitor-related services. Rest homes, nursing homes, convalescent homes
and clinics are not included.
“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. Institutions housing persons under legal restraint or
requiring medical attention or care, bed and breakfasts and boarding houses are not
included within the scope of this definition.
15.105.009 I Definitions.
“Impervious Groundcover” means a surface that is covered with material that is resistant to
infiltration of water including conventionally surfaced streets, roofs, sidewalks, concrete
flatwork, driveways, parking lots and other oiled, graveled, graded or compacted surface
that impedes the natural infiltration of surface water.
“Impervious Surface.” Any structure or other nonvegetated surface affixed to the ground
that prevents or retards the entry of water into the soil layer, or that causes water to run off
the surface in greater quantities or at an increased rate of flow from the flow rate prior to
addition of such surface. “Impervious Surfaces” include, without limitation: structures,
including eaves; vehicular, bicycle, pedestrian or other circulation facilities constructed of
solid surfaces, including pavement, concrete, u grouted brick or stone; solid decks, patios,
sport courts, swimming pools, hot tubs and similar recreation facilities; and landscape
features, including sheds, arbors, and play structures.
“Improvements” means any combination of pavement, curb, gutter, sidewalk, walkway,
street sign, drainage structure, bike path, sewer, water, gas, street lights,
telecommunications, electricity, or other utility or structure.
“Improvements, Municipal” means any or all sewer mains and appurtenances, water mains
and appurtenances, asphalt pavement, sidewalks, drainage structures, and other permanent
structures that are constructed for the benefit of the public as approved and accepted by
the City.
“Improvements, Municipal Street” means curbs and gutters, asphalt pavement, storm
drainage systems, sidewalks, street lighting, traffic controls, and other similar roadway
improvements that are constructed for the benefit of the public and are maintained by the
City.
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“Improvements, Required” means improvements that are mandatory as a condition of
development. Required improvements shall be constructed in conformance with the
Community Street and Utility Standards.
“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 (2) 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.
“Indoor Amusement, Recreation and Entertainment” means establishments engaged in
providing amusement or entertainment for a fee or admission charge, including but not
limited to activities such as dance halls, studios, bowling alleys, billiard and pool
establishments, in-door rinks, miniature golf courses, video arcades, indoor swimming pools,
expositions, game parlors, batting cages.
“Indoor Firing or Gun Range” means an area provided with targets for the controlled
practice of shooting.
“Industry, Heavy” means industrial uses that are not specifically defined elsewhere in the
MLUDC, that can be described in one of the following four ways: Primary processing or
manufacturing or repair operations not specifically defined elsewhere in the MLUDC or this
definition. For illustrative purposes, heavy industrial uses include (if they meet the
thresholds of this definition), but are not limited to:
• Coal cleaning plants with thermal dryers; coke oven batteries; carbon black plants
(furnace process); petroleum refineries; petroleum storage and transfer units
(except retail gasoline stations); and bulk fuel dealers;
• Facilities used in the primary or secondary production of metals (e.g., primary zinc,
copper, or lead smelters; primary aluminum ore reduction plants; iron and steel
mills; sintering plants; secondary metal production plants; and blacksmith shops);
• Portland cement plants;
• Sawmills and pulp mills;
• Incinerators with the capacity to charge more than 250 tons of refuse per day;
• Lime plants; phosphate rock processing plants; sulfur recovery plants; and
hydrofluoric, sulfuric, or nitric acid plants;
• Fossil fuel combustion (except for electricity generation) totaling more than 250
million BTUs per hour of heat input;
• Fabrication of motor vehicles, manufacturing equipment, durable goods, or pre-
fabricated homes or home components;
• Drycleaner processing plants that use large quantities of PERC or comparable
petrochemical solvents;
• Manufacture of plastic products (except assembly of parts that are manufactured
elsewhere);
Part 15.100 Administration Page 23 of 55
• Hot mix asphalt plants; and
• Meat processing involving butchering of large animal carcasses.
“Industry, Light” means a category of uses that involves research and development,
assembly, remanufacturing, compounding, packaging, testing, or treatment of products,
generally from previously prepared materials or components, with limited outside storage
and limited truck traffic, external impacts, or risks, such that the use is not defined as
"Heavy Industry". Light industry also includes wholesaling, warehousing, and distribution
uses that involve fewer than 12 truck trips per day. For illustrative purposes, light industrial
uses may include:
• Assembly, testing, repair, or refurbishing of products, instruments, electronics,
office and computing machines, and fixtures using pre-manufactured components;
• Offices of general contractors; specialty subcontractors; tradesmen; or
telecommunications providers which include:
• Overhead door access to indoor storage of tools, parts, and materials;
• Parking of commercial vehicles or a fleet of cars, vans, or light trucks that are used in
the business; or limited outdoor storage areas;
• Food production (e.g., commercial kitchen or bakery) and packaging, but not meat
processing involving butchering of large animal carcasses;
• Medical marijuana-infused products manufacture; or
• Restaurants;
• Beverage production (alcoholic and non-alcoholic) and bottling;
• Furniture making or refinishing;
• Manufacture of textiles or apparel;
• Screen printing of apparel (except low volume screen printing at a retail store);
• Printing and publishing, except copy centers, and except printing presses that
require a Stationary Source permit or Title V permit for air emissions;
• Research, development, and testing laboratories (e.g., for development of products,
equipment, or materials), if not classified as ""office"" or ""heavy industry"";
• Disassembly of consumer electronics and/or appliances into component parts,
where all operations and storage are within an enclosed building;
• Manufacture of glass products (e.g., windowpanes, bottles and jars), including hand-
blown products;
• Fabrication of building materials such as countertops, drywall, and cut stone (if not
classified as heavy industry);
• Manufacture or compounding of pharmaceutical products, dietary supplements,
health and beauty products, and herbal products;
• Packaging of products; or
• Storing, selling, and/or distributing merchandise for or to retailers; industrial,
commercial, institutional, or professional business users; or wholesalers, except that
except that wholesale membership clubs that offer memberships to the general
public are not Light Industrial uses.
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“In-Kind Mitigation” means to replace wetlands with substitute wetlands whose
characteristics and functions and values are intended to replicate those destroyed or
degraded by a regulated activity.
15.105.010 J Definitions.
15.105.011 K Definitions.
“Kennel” means any lot or premises on which four (4) or more dogs over four (4) months of
age are kept.
15.105.012 L Definitions.
“Land Surveyor” means an individual licensed in the State of Washington to perform land
surveys in accordance with the provisions of state law.
“Landscaped” means an area in lawn, shrubbery, wood chips, rock, or other material that is
maintained and kept free of debris and other nuisances.
“Landslide Hazard Areas” means areas which are susceptible to risk of mass movement due
to a combination of geologic, topographic, and hydrologic factors.
“Lattice Tower” means a vertical support structure consisting of a network of crossed metal
braces, forming a tower which may be three, four, or more sided.
“Laundromat” means a facility providing machines for the washing and drying of clothes and
personal items. This definition does not include an industrial facility providing laundry, dry
cleaning, linen supply, and uniforms on a regional basis.
“Larger Than Utility Runway” means a runway that is constructed for and intended to be
used by propeller driven aircraft of greater than 12,500 pounds maximum gross weight and
jet powered aircraft.
“Lease” means a contract or agreement whereby one (1) party grants to another party
general or limited rights, title, or interest in real property. This definition is intended to
apply to those agreements that are ordinarily considered “ground leases” and does not
apply to those which are ordinarily considered “space leases”.
“Legal Property Owner” means the person, firm, or corporation who is listed in records of
the Grant County Assessor as the owner of said property.
“Liquor” means all beverages defined in RCW 66.04.200.
“Local Improvement District” means a financing method that is authorized by RCW Chapters
35.43 - 35.53 to make municipal improvements whereby the legal property owners who
benefitted must repay the cost of the improvements to the City over a period of years.
Part 15.100 Administration Page 25 of 55
“Lot” means a fractional part of real property, within the boundaries of a recorded plat,
having fixed boundaries, being of sufficient area and dimension to meet requirements in the
MLUDC for lot width, lot depth, and lot area and capable of being used under the
regulations of the City, including both the building site and all required yards and open
spaces .
“Lot, Corner” 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.
“Lot, Depth” means the horizontal distance between the front and rear property lines
measured in the mean direction of the side property lines.
“Lot, Flag” means a lot that has a narrow strip (the "pole") connecting the main body (the
"flag") to a public street. The pole is driveway and does not meet the minimum street
frontage requirements. The pole is not included in the lot size calculation for zoning and
building purposes.
“Lot, Inside” means a lot other than a corner lot.
“Lot, Irregular” means a lot which is neither in the shape of a rectangle or a square.
“Lot, Parcel” means a fractional part of a binding site plan having fixed boundaries.
“Lot, Tract” means a fractional part of divided land having fixed boundaries with a specified
function with or without frontage that is not a building lot for the purpose of development
outside the specified function (examples, stormwater control, utility, parks, or other uses for
recreational purposes). Tract may be any area and configuration that supports the specified
function and may not be used for any other purpose.
“Lot, Through” 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.
“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.
“Lowest Floor” means the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access
or storage, in an area other than a basement area, is not considered a building’s lowest
floor, provided that such enclosure is not built so as to render the structure in violation of
the applicable non-elevation design requirements.
15.105.013 M Definitions.
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“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.
“Maintenance Bond” means a form of security or surety, provided by the Applicant and
approved by the City Attorney, that guarantees improvements after acceptance by City
Council.
“Makerspace/Incubator Space” means workspace created to offer startups and new
ventures access to the resources within a single structure which is a temporary space for
new businesses, with the expectation that business will expand and move out within two
years.
“Manufactured Home” means a structure, transportable in one (1) or more sections, which
is built on a permanent chassis and is designed for use with or without a permanent
foundation when connected to the required utilities and built in accordance with regulations
adopted under the National Manufactured Housing Construction and Safety Act of 1974 (42
U.S.C. 5401 et seq.). A commercial coach, recreational vehicle, or motor home is not a
manufactured home. For flood plain management purposes the term “manufactured home”
also includes park trailers, travel trailers, and other similar vehicles placed on a site for
greater than one hundred eighty (180) consecutive days. For insurance purposes the term
“manufactured home” does not include park trailers, travel trailers, and other similar
vehicles.
“Marijuana or Marihuana” means, as defined in RCW 69.50.101, all parts of the plant
Cannabis, whether growing or not, with a THC concentration greater than three-tenths
percent (0.3%) on a dry weight basis; the seeds thereof; the resin extracted from any part of
the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the
plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber
produced from the stalks, oil or cake made from the seeds of the plant, any other
compound, manufacture, salt, derivative, mixture or preparation of the mature stalks
(except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant
which is incapable of germination.
“Marijuana Processor” means, as defined in RCW 69.50.101, a person licensed by the State
Liquor and Cannabis Board to process marijuana into useable marijuana and marijuana-
infused products, package and label useable marijuana and marijuana-infused products for
the sale in retail outlets, and sell useable marijuana and marijuana-infused products at
wholesale to marijuana retailers.
“Marijuana Producer” means, as defined in RCW 69.50.101, a person licensed by the State
Liquor and Cannabis Board to produce and sell marijuana at wholesale to marijuana
processors and other licensed marijuana producers.
Part 15.100 Administration Page 27 of 55
“Marijuana Production, Processing, and Retail Sales” means any reference to marijuana
production, processing and retail sales shall refer only to recreational marijuana production,
processing and retail sales.
“Marijuana Retailer” means, as defined in RCW 69.50.101, a person licensed by the State
Liquor and Cannabis Board to sell useable marijuana and marijuana-infused products in a
retail outlet.
“Marijuana-infused Products” means, as defined in RCW 69.50.101, products that contain
marijuana or marijuana extracts, are intended for human use, and have a THC concentration
greater than three-tenths percent (0.3%) and no greater than sixty percent (60%). The term
“marijuana-infused products” does not include either useable marijuana or marijuana
concentrates.
“May” means a permissive condition approved at the discretion of the Community
Development Director, Plat Administrator, Public Works Director, Hearing Examiner, or City
Council as allowed by the MLUDC.
“Micro (Tiny) Homes” means detached dwelling unit no larger than 400 square feet.
“Mineral Lands” means lands that are not already characterized by urban growth and are of
long-term commercial significance for the extraction of aggregate and mine resources,
including sand, gravel, and valuable metallic substances.
“Miniature Golf Course” means an informal version of golf played on a series of short
constructed obstacle courses.
“Mitigation (work wetland purposes)” means to avoid, minimize, or compensate for adverse
wetland impacts.
“Mixed Use” means a structure or multiple structure development that allows for two or
more different land uses within such structure or development. Mixed Use developments
can be either vertical or horizontally mixed, and could include employment uses such as
office, retail, and/or lodging along with higher-density residential uses, and in some cases,
community or cultural facilities.
“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).
“Modular Homes” means dwelling units that have parts that are manufactured in a factory
and assembled or placed on the site.
“Modulation, Architecture” means a design approach that subdivides a system into smaller
parts. A modular system is characterized by functional partitioning into discrete scalable and
Part 15.100 Administration Page 28 of 55
reusable modules, rigorous use of well-defined modular interfaces, and making use of
industry standards for interfaces. Together, articulation and modulation and their interval
create a sense of building scale.
“Monopole Tower” means a vertical support structure consisting of a single vertical metal,
concrete or wooden pole, typically round or square, and driven into the ground or attached
to a foundation.
“Moses Lake” means the body of water named Moses Lake along with all associated ponds,
wetlands and tributaries, and the waters of the state, unless the usage of the phrase is
clearly tied to the Moses Lake City Council, the City of Moses Lake, the Moses Lake
Municipal Code, MLUDC, or the Port of Moses Lake.
“Moses Lake Municipal Code” “MLMC” means the municipal code of the City of Moses Lake.
“Moses Lake Unified Development Code” “MLUDC” means Title 15 of the MLMC.
“Motel” See “Hotel.”
“Motor Vehicle Wash” means facilities for the washing of passenger cars and light trucks as
either a principal use or accessory to fueling stations, convenience stores or similar
permitted uses.
“Movie Theatre” means an enclosed building or drive-in facility used for presenting, for
commercial purposes, motion pictures, films, video cassettes, or any other such material,.
“Mulch” means material (such as decaying leaves, bark, or compost) spread around or over
a plant to enrich or insulate the soil. Decorative rock is considered mulch.
“Multiple-Building Complex” means a group of structures housing two or more retail, office,
or commercial uses sharing the same lot, access, or parking facilities, or a coordinated site
plan. Each multiple-building complex shall be considered a single use.
“Multiple-Tenant Building” means a single structure housing two or more retail, office, or
commercial uses sharing the same lot, access, or parking facilities, or a coordinated site
plan. Each multiple-building complex shall be considered a single use.
15.105.014 N Definitions.
“National Fire Protection Association Standards” means codes, standards, and
recommended practices for fire and life safety as published by the National Fire Protection
Association.
“New Construction” means structures for which the “start of construction” commenced on
or after the effective date of the MLUDC.
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“NFPA” means the National Fire Protection Association.
“Nonconforming Use” means the use of any land or building which does not conform to the
use regulations of the MLUDC for the zone in which it is located.
“Nonprofit Corporation” means an organization that does not distribute its surplus funds to
owners or shareholders, but instead uses them to help pursue its goals, and that is certified
by the Secretary of State of the State of Washington as a nonprofit corporation. The term
“nonprofit corporation,” as used herein, does not refer to an organization’s federal tax code
status.
“Non-Residential Property” shall mean all properties that are billed as commercial accounts
per Chapter 13.12 MLMC.
“Non-Stormwater” means discharge to a stormwater system that is not composed entirely
of stormwater.
“Nursery or Greenhouse, Wholesale “ means a place where young plants and trees are
grown for sale or for planting elsewhere.
15.105.015 O Definitions.
“Office, General” means buildings from which professional, administrative, financial, clerical,
brokering, real estate, and limited technical services are provided. The phrase includes, but
is not limited to, the following types of businesses:
Accounting, auditing and bookkeeping;
Advertising and graphic design (but not mailing services, which are classified as
“business services”);
Architectural, engineering, and surveying services;
Attorneys and court reporters;
Banks, savings and loans, credit agencies, and investment companies;
Brokering of motor vehicles, commodities, and other items where the thing
brokered is not stored on-site for any length of time;
Business incubators (unless the businesses being incubated are classified as another
type of use, such as light industry);
Computer programming and data recovery services;
Corporate headquarters;
Data processing and word processing services;
Detective agencies;
Government offices;
Insurance;
Interior design;
Real estate sales and off-site rental offices;
Research and development (not including on-site manufacturing or fabrication, and
not including marijuana uses);
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Retail catalog, internet, and telephone order processing, but not warehousing; and
Virtual office service
“Office, Medical” means office space used for the examination or treatment of patients on
an outpatient basis (with no overnight stays by patients), generally by appointment. The
phrase "Medical Office" includes medical laboratories to the extent necessary to carry out
diagnostic services for the medical office's patients. The phrase includes, but is not limited
to, the following types of businesses:
Chiropractors, licensed massage therapists, and acupuncturists;
Dentists;
Medical doctors (physicians, pediatricians, obstetricians, gynecologists, radiologists,
geriatricians, general and specialist surgeons, podiatrists, ophthalmologists,
anesthesiologists, etc.);
Midwives;
Nutritionists and homeopaths;
Optometrists;
Occupational therapists, physical therapists, or speech therapists;
Psychiatrists, clinical psychologists, clinical social workers, and marriage and family
therapists;
Physiatrists, physiotherapists, orthotics, prosthetics, recreational therapists,
audiologists, respiratory therapists, rehabilitation counselors, prosthetic technicians,
and personal care assistants; and
Other comparable health care professionals.
“Office, Personal Services” See “Personal Services Uses.”
“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.
“Outdoor Commercial Recreation or Amusement” means establishments engaged in
providing amusement or entertainment for a fee or admission charge, including but not
limited to activities such as racetracks, golf courses, amusement parks, amusement and
bathing beaches, riding academies, carnival operations, ball fields, play fields, skate parks,
horse shows, marinas, yacht clubs, BMX courses, paintball, golf driving ranges, and coasters.
“Outdoor Stadium, Arena, Amphitheatre, or Drive-In Theater” means a sports arena with
tiers of seats for spectators.
“Outdoors” means any location that is not indoors within a fully enclosed and secure
structure as defined herein.
“Out-of-Kind Mitigation” means to replace wetlands whose characteristics do not closely
approximate those destroyed or degraded by a regulated activity.
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“Owner” See Property Owner.
15.105.016 P Definitions.
“Park” means an area of land that is owned or controlled by the City, that is set aside or
maintained by the City, and is used for recreation and relaxation of the public.
“Park Structure” means all rocks, buildings, cages, pens, monuments, signs, fences, benches,
structures, apparatus, equipment, or other park property.
“Parking Aisle” means an off-street space used for or designated for the parking of motor
vehicles, together with the area required to provide reasonable access to and from each
space.
“Parking Lot” means any area of land, a yard or other open space area, used for or
designated for the parking of motor vehicles. and the temporary storage of automobiles or
other motorized vehicles.
“Parking Space” means a space of a size adequate to temporarily park a motor vehicle which
has access to a public street or alley.
“Parks, Recreation and Cultural Services Director” means the Parks, Recreation and Cultural
Services Director of the City of Moses Lake or the Parks, Recreation and Cultural Services
Director’s designated representative.
“Paved” means a hard surfaced area of Portland cement or asphaltic concrete with a base
approved by the City Engineer.
“Paver District” means the area of the City that is bounded by the center of Pioneer Way
from Fifth Avenue to Chestnut Street; the northwest side of Broadway Avenue from
Chestnut Street to Dogwood Street; the center of Dogwood Street from Broadway Avenue
to Fourth Avenue; the southeast side of Fourth Avenue from Dogwood Street to Balsam
Street; the center of Balsam Street from Fourth Avenue to Fifth Avenue; the northwest side
of Fifth Avenue from Balsam Street to Pioneer Way; and the area on the southwest half of
Ash Street from Fourth Avenue extending one hundred fifty feet (150') southeast. Detail A-1
of the Community Street and Utility Standards depicts the Paver District Boundaries and is
incorporated by reference and made part of this definition.
“Pedestrian Path” means a path that provides unobstructed pedestrian access between
existing sidewalks and activity trails through mid-block right-of-way.
“Performance Bond” means any security or surety bond approved by the City Attorney as a
guarantee that required improvements will be satisfactorily completed within a specified
period of time.
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“Permanent Erosion Control” means continuous on-site and off-site control measures that
are needed to control conveyance or deposition of earth, turbidity, or pollutants after
development, construction, or restoration.
“Permanent Residential Occupancy” means multi-unit housing that provides either rental or
owner occupancy on a non-transient basis. This includes owner-occupied or rental
accommodation that is leased for a period of at least one (1) month. This excludes hotels
and motels that predominantly offer rental accommodation on a daily or weekly basis.
“Permittee” means a person, firm, or corporation that has obtained a permit from the City
in accordance with the respective section of the MLUDC.
“Permitted Use” means any use authorized or permitted alone or in conjunction with
another use in a specified district and subject to the limitations of the regulations of such
use district.
“Person” means any individual, partnership, corporation, trust, incorporated or
unincorporated association, marital community, joint venture, governmental entity, or
other entity or group of persons however organized.
“Personal Services Use, Office” means a business that is engaged in the provision of
informational, instructional, personal improvement, personal care, or similar services within
an enclosed building, including but not limited to:
Art or music schools;
Beauty and barber shops;
Boxing or kickboxing instruction;
Cooking instruction;
Driving schools;
Fitness centers;
Handicraft or hobby instruction;
Laundry and dry-cleaning retail outlets;
Martial arts instruction;
Portrait shops or photography studios;
Shoe repair;
Swim instruction;
Tailor/alterations shops; or
Yoga instruction.
“Picnic Areas” means areas in City parks that are designated as picnic areas by the Parks,
Recreation and Cultural Services Director.
“Place of Assembly” means a building, portion of a building, or property in which people
assemble for civic, educational, religious, social, or cultural purposes. This use includes
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facilities used for worship and accessory celebratory events; meeting halls; event centers;
fraternal organizations; outdoor assembly areas; and private clubs.
“Planning Commission” means the body created pursuant to MLMC Section 2.08.710.
“Plantlife” means all trees, plants, shrubs, vegetation, and all of their living or decaying
parts.
“Plat” means a map or representation of a subdivision.
“Plat Administrator” means the Community Development Director or the Community
Development Director’s designee charged with administering land development regulations.
“Potential Discharge to Moses Lake” means stormwater that might discharge from the
property into Moses Lake or the City’s stormwater system that discharges to Moses Lake;
and includes areas where debris is tracked out into the right-of-way and might enter Moses
Lake or the City’s stormwater system that discharges to Moses Lake.
“Pre-Application Meeting” means an informal meeting where the Applicant introduces the
general idea of a proposed subdivision, binding site plan, or other development to City staff.
“Precision Instrument Runway” means a runway having and existing instrument approach
procedure utilizing an Instrument Landing System (ILS) or a Precision Approach Radar (PAR).
It also a runway for which a precision approach system is planned and is so indicated on an
approved airport layout plan or any other planning document.
“Preliminary Plat” means a dimensional drawing of a proposed subdivision that
accompanies an application for a preliminary subdivision and shows the proposed layout of
dedications, lots, blocks, and other elements of a proposed subdivision. The preliminary plat
shall be the basis for the approval or disapproval of the proposed layout of a subdivision.
“Primary Street” means a street classification as defined in the Community Street and Utility
Standards. The Community Street and Utility Standards includes a list of all primary streets
in the City. Primary streets are arterial streets that carry the majority of traffic that enters
and exits urban areas and that carry the majority of through traffic. Primary streets have
either fully-controlled or partially-controlled accesses. Primary streets include interstate
highways, state highways, and other specific streets as listed in the Community Street and
Utility Standards.
“Primary Surface” means a surface longitudinally centered on a runway. When the runway
has a specially prepared hard surface, the primary surface extends two hundred (200) feet
beyond each end of the runway; for military runways or when the runway has no specially
prepared hard surface, or planned hard surface, the primary surface ends at each end of
that runway. The elevation of any point on the primary surface is the same as the elevation
of the nearest point on the runway centerline.
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“Professional Engineer” means an individual licensed in the State of Washington to practice
engineering in accordance with the provisions of state law.
“Property Line, Front” 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.
“Property Line, Rear” 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.
“Property Line, Side” means any lot line other than a front or rear lot line.
“Property Owner” means the property owner of record according to the Grant County
Assessor’s Office and includes all part owners, joint owners, tenants in common, joint
tenants, and tenants by the entirety, of the whole, or a part of such building or land.
“Public Nuisance” means nuisances that are defined and enforced in Chapter 8.14 MLMC.
“Public Place” means all dedicated rights-of-way, municipal easements, and properties that
are deeded to the City of Moses Lake.
“Public Utility” means a privately or publicly owned and operated business whose services
are so essential to the general public as to justify the granting of a franchise by the City.
“Public Works Director” means the designated City employee responsible for overseeing the
Public Works Department of the City of Moses Lake, or the Public Works Director’s
designee.
15.105.017 Q Definitions.
15.105.018 R Definitions.
“Recording” means the act of the Grant County Auditor to accept a document, place it in the
Grant County archives, and provide a unique auditor’s file number for said document.
“Recreational Park Trailer” means a trailer-type unit that is primarily designed to provide
temporary living quarters for recreational, camping, or seasonal use.
“Recreational Vehicle” means a vehicular type unit that is primarily designed as temporary
living quarters for recreational camping, travel, or seasonal use that either has its own
motive power or is mounted on or towed by another vehicle. Recreational vehicles include
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camping trailers, fifth-wheel trailers, motorhomes, travel trailers, and truck campers. A
recreational vehicle that is sold or leased in the State of Washington is required to have
either a state-plan or self-certified insignia from the Washington State Department of Labor
and Industries that signifies compliance with Chapter 296-150R WAC and ANSI A119.2.
“Recreational Vehicle (RV) Park” means a tract or parcel of land within a major or short
subdivision which is divided according to an approved binding site plan, and has been
developed to rent or lease park spaces to guests.
“Recreational Vehicle Park Space” means an improved plot of ground with a definite
boundary that is located within a recreational vehicle park for the set-up and temporary
occupancy of a recreational park trailer, recreational vehicle, or tent.
“Recycling Collection Center” means a collection point for small refuse items, such as bottles
and newspapers, located either in a container or a small structure.
“Rehabilitation Improvements” means modifications to existing structures, that are vacant
for twelve (12) months or longer, that are made to achieve a condition of substantial
compliance with existing building codes or modification to existing occupied structures
which increase the number of multi-family housing units.
“Rendering Plant” means a facility that converts waste animal tissue into stable, usable
materials. Rendering can refer to any processing of animal products into more useful
materials, or, more narrowly, to the rendering of whole animal fatty tissue into purified fats
like lard or tallow.
“Renumeration” means compensation, money, rent or other bargained for consideration
given in return for occupancy, possession, or use of real property.
“Residential Property” means all properties that are billed as residential accounts per
Chapter 13.12 MLMC.
“Residential Targeted Area” means an area within an urban center that has been designated
by the City Council as lacking sufficient, available, desirable, and convenient residential
housing to meet the needs of the public.
“Resource Extraction (minerals)” means the quarrying and mining of minerals or materials
including, but not limited to, surface mining of sand, gravel, and rock and the primary
reduction, treatment, and processing of minerals or materials together with the necessary
buildings, structures, apparatus, and appurtenances including rock crushing, washing,
sorting and asphalt mixing.
“Restaurant, Sit-Down” means a restaurant at which all food and drink is consumed on the
premises.
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“Restaurant, Fast Food” means an establishment which offers quick food service which is
accomplished through a limited menu of items already prepared and held for service, or
prepared, fried, or griddled quickly, or heated in a device such as a microwave oven. Orders
are not generally taken at the customer’s table, and food is generally served in disposable
wrappings or containers. There is only limited table service.
“Restaurant, Take-Out” means a restaurant that offers a take-out service whereby food may
be consumed off the premises. A take-out restaurant may have seating facilities.
“Restoration” means the re-establishment of a viable wetland from a previously filled or
degraded wetland site.
“Retail” means 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.
“Right-of-Way” means land or real property, dedicated or deeded to the City, County, State,
or federal agencies, to be used for improvements, and for permitted public and private uses.
“Rough In Inspection” means an inspection performed by the Washington State Department
of Labor and Industries to approve the electrical work up to and including all junction boxes.
“Runway” means a defined area on an airport prepared for landing and takeoff of aircraft
along its length.
15.105.019 S Definitions.
“Sanitary Dumping Station” means a facility for receiving body waste and liquid waste that is
discharged from recreational park trailer and recreational vehicle holding tanks.
“Salvage Yard” means a lot, land or structure, or part thereof, used for the collecting,
storage and sale of waste paper, rags, scrap metal or discarded material; or for the
collecting, dismantling, storage, salvaging or sale of parts of machinery or vehicles not in
running condition.
“Scale” means the scale of a plat, site plan, or record of survey that is the proportion that
the map is drawn to with reference to the actual surveyed distances.
“School, Elementary and Secondary” means 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.
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“School, Pre” means an institution primarily engaged in academic instruction for children of
pre-kindergarten age.
“Security” means a performance bond, maintenance bond, covenant, or alternative
collateral provided by the Applicant to the City, and approved by the City Attorney, that
guarantees events will occur in accordance with the agreement attached to the security.
“Seismic Hazard Areas” means areas which are susceptible to severe damage from
earthquakes as a result of ground shaking, slope failure, settlement, or soil liquefaction.
“Self-Storage/Mini-Storage” means a building for short term self-service storage of personal
goods and materials for a fee or rent.
“Service Area” means 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.
“Setback/Yard” means the distance between the property line and permitted building.
“Setback Line, Building” means the distance beyond which the footprint or foundation of
the building or structure shall not extend.
“Sexual Conduct” means any act of:
1. Sexual intercourse within its ordinary meaning, occurring upon any penetration,
however slight;
2. Any penetration of the vagina or anus, however slight, by an object;
3. Any contact between persons, involving the sex organs of one person, whether
clothed or unclothed, and the mouth or anus of another, whether clothed or
unclothed;
4. Masturbation, manual or instrumental, of oneself or of one person by another; or
5. Touching of the sex organs or anus, whether clothed or unclothed, of oneself or of
one person by another.
“Shall” means a mandatory condition. Where requirements are described with “shall,” the
requirements are mandatory.
“Short Plat” means a map or representation of a short subdivision.
“Short Term Rental” means the use of an approved vacation rental dwelling by any person
or group of persons who occupies or is entitled to occupy a dwelling unit for remuneration
for a period of less than thirty (30) calendar days, counting portions of days as full days, but
in no event for less than twenty-four (24) consecutive hours.
“Should” means an advisory condition. Where the word “should” is used, it is considered to
be advisable usage; recommended but not mandatory.
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“Sidewalk, Municipal” means sidewalks constructed within the right-of-way, municipal
easement, or other public place for the use of the public.
“Sight Distance Triangle” means a sight triangle 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. Also known as a “Clearview Triangle.”
“Sign” means letters, figures, symbols, or logos, with or without illumination, on any
medium, including its structural component parts, used or intended to attract attention to
the subject matter that identifies, advertises, or promotes a product, good, service, place,
person, firm, merchandise, point of sale, or business. A sign also includes any item attached
to sign structures, such as balloons, streamers, pennants, flags, inflatables, or similar devices
intended to attract attention.
“Sign Face” means one (1) dimension of a sign that contains the visual message.
“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.
“Sign Structure” means the horizontal and vertical support for a sign.
“Sign, Abandoned” means any sign located on property that is vacant and unoccupied for a
period of six months or more, or any sign which pertains to any occupant, business, or event
unrelated to the present occupant or use that is not an allowed off-premises sign.
Abandoned sign also includes signs that are broken, defaced, faded, rusted, peeled, or
otherwise deteriorated and are not repaired within thirty days after the City provides notice
of the condition.
“Sign, Architectural Appendage” 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.
“Sign Area” means that area contained within a single continuous perimeter enclosing the
entire sign or sign cabinet, but excluding any support or framing structure that does not
convey a message.
“Sign, Banner” means any sign of lightweight fabric or similar material that is mounted to a
pole or building at one or more edges that is not a “flag” as defined herein.
“Sign, Billboard” means a large outdoor advertising sign containing a message, commercial
or otherwise, usually unrelated to the use or activity on the property on which the sign is
Part 15.100 Administration Page 39 of 55
located or to any use or activity in the immediate area (such as is the case with an off-
premises sign) and which is customarily leased for commercial purposes.
“Sign, Building” 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.
“Sign, Cabinet” means the module or background containing the advertising message but
excluding sign supports, architectural framing, or other decorative features which contain
no written or advertising copy.
“Sign, Carried” means a hand-held or carried sign held or carried by a person.
“Sign, Changeable Copy” means a sign that is designed to easily rotate or alternate
messages by mechanical. Examples of changeable copy signs are reader boards with
removable letters.
“Sign, Community” means a temporary sign that promotes, celebrates, or commemorates a
community event, public awareness, community service, holiday season, or similar public
function.
“Sign, Construction” means a temporary standing or portable sign that is nonilluminated. A
construction sign provides information about a construction project.
“Sign, Digital” means a changeable copy sign with LED (or other similar light source) text,
graphics or, symbols over a nonilluminated background.
“Sign, Directional (traffic)” means a sign which only identifies a business or activity and
directs traffic to that business or activity.
“Sign, Directory” 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.
“Sign, Double-Face” means two (2) sign faces which are identical in size and message and
either are displayed back-to-back or within a thirty degree (30°) interior angle.
“Sign, Electronic” means an on-premises advertising sign having a signboard display that can
be changed by an electrical, electronic, or computerized process.
“Sign, Electrical” means a sign or sign structure in which electrical wiring, connections, or
fixtures are used as part of the sign proper
“Sign, Flag” means a piece of cloth, attached to a staff, with distinctive colors, patterns or
symbols.
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“Sign, Flashing” means an electric sign or a portion thereof (except changing message
centers) which changes light intensity in a sudden transitory burst, or which switches on and
off in a constant pattern in which more than one-third of the nonconstant light source is off
at any one time.
“Sign, Freestanding” means any sign supported by one or more uprights, poles, or braces in
the ground.
“Sign, Freeway” means a freestanding sign designed and placed to attract the attention of
freeway traffic.
“Sign Height” means the vertical distance measured from the grade below the sign or upper
surface of the nearest street curb, whichever permits the greatest height, to the highest
point of the sign.
“Sign, Home Occupation” means an on-site sign that advertises a home occupation.
“Sign, Off-Premises Directional” means an off-premises sign with directions to a particular
business.
“Sign, Off-Premises” means a sign advertising or promoting merchandise, service, goods, or
entertainment sold, produced, manufactured, or furnished at a place other than on the
property where the sign is located.
“Sign, On-Premises Directional” means a sign directing pedestrian or vehicular traffic to
parking, entrances, exits, service areas, or other on-site locations of a particular business.
“Sign, On-Premises Sign” means a sign incidental to a lawful use of the premises on which it
is located, advertising the business transacted, services rendered, goods sold, or products
produced on the premises or the name of the business or name of the person, firm, or
corporation occupying the premises.
“Sign, Permanent” means a sign constructed of weather resistant material and intended for
permanent use and that does not otherwise meet the definition of “temporary sign” or fall
under any other provision of the sign code.
“Sign, Portable” means a sign made of wood, metal, plastic, or other durable material that is
not attached to the ground or a structure. This definition includes sandwich boards, and
portable reader boards if placed on private property. This definition also includes trailered
signs. Signs placed on public or street right-of-way, including public sidewalks, require
review under Chapter 12.14 MLMC.
“Sign, Projecting” means a sign, other than a wall sign, that is attached to and projects from
a structure or building face.
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“Sign, Roof” means any sign erected or constructed as an integral part or is essentially part
of a normal roof structure of any building design, where any portion of the face of which is
situated above the roof line to which it is attached, and which is wholly or partially
supported by said building.
“Sign Setback” means the horizontal distance from the property line to the nearest edge of
the sign cabinet or sign.
“Sign, Temporary” means any sign; poster; placard; stake sign or sign not placed in the
ground with concrete or other means to provide permanent support, stability, or rot
prevention; banner; pennant; valance; or advertising display constructed of cloth, paper,
canvas, cardboard, or other light nondurable materials used temporarily and is not
permanently mounted, painted, or otherwise affixed to a permanent structure or building.
Temporary signs may only be made of nondurable materials including, but not limited to,
paper, corrugated board, flexible plastics, foamcore board, or signs painted with water
soluble paints or chalks. Signs made of other materials shall be considered permanent and
are subject to the permanent sign regulations of the sign code.
“Sign, Trailered” means any sign located on or affixed to a trailer or vehicle normally
licensed by the state as a trailer, or any sign that has its own wheels, or is located on or
affixed to its own wheels, capable of being used to move the sign from location to location.
Trailered sign does not mean signs that are permanently or temporarily affixed to motor
vehicles other than trailers, such as passenger cars, trucks, or recreational vehicles.
“Sign, Wall” means any on-premises sign attached to or painted directly on, or erected
against and parallel to, the wall, façade, or fascia of a building.
“Sign, Wayfinding” means an off-premises 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.
“Sign, Window” means any sign, pictures, symbol, or combination thereof, designed to
communicate information about a business, person, product, event, sale, or service, placed
inside a window or upon the window panes or glass and visible from the exterior of the
window.
“Significant Impact” means a meaningful change or recognizable effect to the ecological
function and value of a wetland, which is noticeable or measurable, resulting in a loss of
wetland function and value.
“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
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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.
“Site Plan” means a drawing that depicts all proposed and existing improvements and land
conditions.
“Slaughterhouse” means a place where animals are slaughtered for food.
“Sleeping Shelter” means a structure that is used for the purpose of sleeping by indigent
persons on a temporary basis.
“Slope” means an inclined ground surface, the inclination of which is expressed as a ratio or
percentage. The percentage is determined by the following formula:
“Skating Rink” See Indoor Amusement, Recreation and Entertainment
“Small Cell Wireless Facility” means a wireless communications facility where each antenna
is located inside an enclosure of no more than three (3) cubic feet in volume, or, in the case
of an antenna that has exposed elements, the antenna and all of its exposed elements could
fit within an imaginary enclosure of no more than three (3) cubic feet; and all other
associated wireless equipment is not larger than twenty-eight (28) cubic feet in volume.
“Small Satellite Dish” means a satellite dish with a diameter of one meter or less in all zones.
“Special Hazard District Development” means the construction or alteration of structures,
dredging, dumping, filling, or removal of earth of any temporary or permanent nature
“Species of Local Importance” means a species of animal which are of local concern due to
their population status or their sensitivity to habitat manipulation. This term also includes
game species.
“Specific Anatomical Areas” means less than completely or opaquely covered: human
genitals, pubic hair, vulva; buttocks, anus; and female breasts below a point immediately
above the top of the areola; and human male genitals in a discernibly turgid state, even if
completely or opaquely covered.
“Specified Sexual Activities” means human genitals in a state of sexual stimulation or
arousal; acts of human masturbation, sexual intercourse, or sodomy; or fondling or other
erotic touching of human genitals, pubic region, buttocks, or female breast.
Part 15.100 Administration Page 43 of 55
“Stacked Flats” mean two-story dwelling units, one over the other. Both units have doors
that open out onto the streetdwelling units in a residential building of no more than two
stories on a residential zoned lot in which each floor may be separately rented or owned.
“Stealth” means the design and technology that minimizes the aesthetic and visual impact
of wireless communication facilities by camouflaging, disguising, screening, architecturally
integrating, and/or the incorporation of colors and design features to blend into the
surrounding environment.
“Start of Construction” means substantial improvement, and the date the building permit
was issued, provided the actual start of construction, repair, reconstruction, placement, or
other improvement was within one hundred eighty (180) days of the permit date. The actual
start either the first placement of permanent construction of a structure on a site, such as
the pouring of slab or footings, the installation of piles, the construction of columns, or any
work beyond the stage of excavation; or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets and/or walkways; nor does
it include excavation for a basement, footings, piers, or foundation or the erection of
temporary forms; nor does it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part of the main structure.
For substantial improvements, the start of construction the first alteration of any wall,
ceiling, floor, or other structural part of the building, whether or not that alteration affects
the external dimensions of the building.
“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 .
“Storage Yard” means a location for outdoor storage of: operable equipment and materials
for off-site processing, construction projects, or right-of-way maintenance; and / or
recreational vehicles, boats, trucks, commercial vehicles, and passenger vehicles. A storage
yard may include an accessory office or caretaker facility. The phrase "storage yard" does
not include storage of wrecked or inoperable vehicles (see salvage yard) and accessory
outdoor storage.
“Storage, Dangerous Waste” 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.
“Stormwater Fee” means the service charge established under Title 13 MLMC for parcels of
real property to fund the costs of stormwater management and for operating, maintaining
and improving the City’s stormwater system.
Part 15.100 Administration Page 44 of 55
“Stormwater System” means all the pipes, swales, ditches, culverts, street gutters,
detention ponds, retention ponds, constructed wetlands, infiltration devices, catch basins,
oil/water separators, biofiltration swales, outfalls, underground injection wells, and other
items for conveying, treating, or containing stormwater and non-stormwater.
“Stormwater Utility” means the stormwater utility, created by Chapter 13.03 MLMC.
“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.
“Street” means a public right-of-way which provides the primary of access to the abutting
property.
“Street and Utility Construction Bond” means a performance and maintenance bond that is
provided to the City, on forms that are provided by the City, in an amount stipulated by the
City of at least ten thousand dollars ($10,000), that guarantees completion of work
authorized by a Street and Utility Construction Permit, and that provides for a two (2) year
maintenance bond for the work that is authorized by a Street and Utility Construction
Permit.
“Street and Utility Construction Permit” means a permit that authorizes the permittee to
install, remove, replace, or repair existing or proposed municipal improvements.
“Street Frontage” means the length in feet of a property line(s) or lot line(s) bordering a
public street. For corner lots, each street-side property line shall be a separate street
frontage. The frontage for a single use or development on two or more lots shall be the sum
of the individual lot frontages.
“Street, Municipal” means a municipal roadway that is provided for the benefit of the public
within dedicated right-of-way, City-owned property, or municipal easements.
“Street, Private” means a way that is privately built and maintained which affords the
primary of access to a planned development district, manufactured or mobile home park,
or recreational vehicle park.
“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.
“Structure” means a combination of materials constructed and erected permanently on or
under the ground or attached to something having a permanent location on or under the
ground. Not included are residential fences, retaining walls less than thirty (30) inches in
Part 15.100 Administration Page 45 of 55
height, rockeries less than thirty (30) inches in height and similar improvements of a minor
character. For the purposes of this definition, regulations for the Shoreline Master Program,
a different definition applies.
“Structure, Nonconforming” means a structure conforming with respect to use, but does not
conform with respect to height, setback, coverage, or other requirements of the MLMC.
“Subdivider” means a person, firm, or corporation that undertakes to create a short or
major subdivision
“Subdivision” means either a “short subdivision” or “major subdivision,” depending on the
context.
“Subdivision Bond” means a surety or other security bond that is provided by the Applicant
and approved by the City Attorney that guarantees that certain improvements will be
completed within a specific period of time.
“Subdivision, Major” means the division or redivision of land, for the purpose of sale, lease,
or transfer of ownership. Major subdivisions are required whenever the subdivision consists
of ten (10) or more lots, or includes lands that have been subdivided by a short subdivision
within the previous five (5) years.
“Subdivision, Short” means the division or redivision of land into nine (9) or fewer lots,
tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership.
“Substantial Damage” means damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would equal or exceed fifty
percent (50%) of the market value of the structure before the damage occurred.
“Substantial Improvement” means any repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the
structure either before the improvement or repair is started, or, if the structure has been
damaged and is being restored, before the damage occurred. For the purpose of this
definition, substantial improvement is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the building commences, whether or not that
alteration affects the external dimensions of the structure. The term does not, however,
include either:
“Substrate” means the soil, sediment, decomposing organic matter, or combination, located
on the bottom surface of the wetland.
15.105.020 T Definitions.
“Tent” means a confined space, collapsible, light-weight shelter that is set up for recreation
or vacation purposes.
Part 15.100 Administration Page 46 of 55
“Townhouse” means a multi-story dwelling which is attached to one or more similar houses
by shared walls
“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.
“Transitional Housing” means temporary housing provided to transitional persons for a
period of thirty-one (31) calendar days to twenty-four (24) months by nonprofit
organizations, public housing authorities, establishments of religion, or other organizations
or partnerships formed to promote public welfare, for the purpose of facilitating movement
of said persons to independent living.
“Transitional Person” means an adult or child who lacks a fixed, regular, and adequate
nighttime residence. This definition excludes any persons who are abusing alcohol,
prescription drugs, or other controlled substances.
“Transitional Surfaces” means surfaces that extend outward at 90 degree angles to the
runway centerline and the runway centerline extended at a slope of seven feet (7')
horizontally for each foot vertically from the sides of the primary and approach surfaces to
where they intersect the horizontal and conical surfaces. Transitional surfaces for those
portions of the precision approach surfaces, which project through and beyond the limits of
the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of
the approach surface and at 90 degree angles to the extended runway centerline.
“Treatment (dangerous waste)” means treatment of dangerous waste shall be as defined in
state law.
“Tree” means a woody perennial plant, typically having a single stem or trunk growing to a
considerable height and bearing lateral branches at some distance from the ground.
“Turf Grass” means a type of grass that are for lawns, golf courses, sports fields, and
playgrounds. Turf grasses differ from the ornamental grass varieties in that they are thicker,
stronger, and grow in dense patches carpeting the ground. Ornamental grasses are typically
perennial and include the sedges (Cyperaceae), rushes (Juncaceae), restios (Restionaceae),
and cat-tails (Typhaceae).
15.105.021 U Definitions.
“Undeveloped Property” means property that is unaltered by the actions, construction, or
addition to such property by man, or addition to such property by man of impervious
groundcover, or physical manmade improvements, or conditions of any kind that change
Part 15.100 Administration Page 47 of 55
the hydrology of the property or its soil from its natural state, so long as stormwater runoff
from said property causes no detriment to the City’s stormwater system.
“University or College, Vocational Schools” means an educational institution designed for
instruction, examination, or both, of students in many branches of advanced learning,
conferring degrees in various faculties, and often embodying colleges and similar
institutions and a school in which people learn how to do a job that requires special skills.
“Urban Center” means a compact, identifiable district containing several business
establishments, adequate public facilities, and a mixture of uses and activities, where
residents may obtain a variety of products and services.
“Useable Marijuana” means dried marijuana flowers. The term “useable marijuana” does
not include marijuana-infused products.
“Utilities, Local” means 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
wastewater lines and pump stations, electrical distribution lines and substations, natural gas
distribution pipelines, local telecommunication facilities, and stormwater retention and
conveyance systems.
“Utilities, Regional” means 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; wastewater interceptors, pump stations, and treatment
facilities; electrical transmission substations and lines one hundred fifteen (115) kV and
greater, regional natural gas pipelines and gate stations, and regional telecommunication
facilities.
“Utility Line” means pipe, conduit, cable, or other similar facility by which services are
conveyed to the public or individual recipients. Such services shall include, but are not
limited to, water supply, electric power, gas, and communications.
“Utility Runway” means a runway that is constructed for and intended to be used by
propeller driven aircraft of 12,500 pounds maximum gross weight and less.
15.105.022 V Definitions.
“Variance” means a grant of relief from development code requirements which permits
construction in a manner that would otherwise be prohibited by this ordinance.
“Veterinarian” means the offices of one or more licensed veterinarians, including operating
space, and space in which health care, pet grooming, or pet day care for animals are
provided.
Part 15.100 Administration Page 48 of 55
“Violation” means any violation by the owner or any occupant of any provision of the
MLUDC, any provision of the Moses Lake Municipal Code, or any violation of state law.
“Visual Runway” means a runway intended solely for the operation of aircraft using visual
approach procedures.
15.105.023 W Definitions.
“Waiver” means a permanent deviation that allows alterations to the requirements of the
Community Street and Utility Standards, the MLUDC, or the Moses Lake Municipal Code.
“Warehousing” means the use of a building primarily for the long-term storage of goods and
materials .
“Wetland Buffer Zone” means a designated area contiguous or adjacent to a wetland that is
required for the continued maintenance, function, and structural stability of the wetland.
“Wetland Creation” means the producing or forming of a wetland through artificial from an
upland (non-wetland) site.
“Wetland Site” means any parcel or combination of contiguous parcels, or right-of-way or
combination of contiguous rights-of-way under the Applicant’s ownership or control where
the proposed project impacts a wetland(s).
“Wetland Specialist” means a person with a minimum of a four (4) year degree in wildlife
sciences, biology, environmental science, or an equivalent academic background who also
has experience in performing wetland delineations, analysis of wetland functions and values
and project impacts, and wetland mitigation and restoration techniques. The person must
be familiar with the approved federal Wetland Delineation Manual and applicable regional
supplements, the Washington State Wetland Rating System for Eastern Washington, and the
City of Moses Lake Wetlands Ordinance.
“Wetland(s) “ means areas that are inundated or saturated by surface water or ground water
at a frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not
include those artificial wetlands intentionally created from non-wetland sites, including but
not limited to, irrigation and drainage ditches, grass lined swales, canals, detention facilities,
retention facilities, wastewater treatment facilities, farm ponds, and landscape amenities or
those wetlands created after July 1, 1990, that were unintentionally created as a result of
the construction of a road, street, or highway. Wetlands may include those artificial
wetlands intentionally created from non-wetland areas to mitigate the conversion of
wetlands.
“Wheeler Corridor Heavy Industrial Area” means the area within City limits, located east of
Road L and zoned Heavy Industrial .
Part 15.100 Administration Page 49 of 55
“Wholesale” means 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.
“Wildlife Biologist” means a person having a minimum of a Bachelor’s degree in wildlife
biology, wildlife science, wildlife ecology, wildlife management, or zoology.
“Winery” means a facility designed for crushing, pressing, fermenting, bottling, and cellaring
wine for retail and wholesale purposes.
“Wireless Communication Facility” means an unstaffed facility for the transmission and/or
reception of radio frequency (RF), microwave or other signals for communication purposes,
typically consisting of an equipment enclosure, an antenna support structure or an
alternative antenna support structure, and one or more antennas.
“Wireless Communication Service” means providing or offering for rent, sale, lease, or in
exchange for other consideration, the transmittal and reception of voice, data, image,
graphic, and other information by the use of wireless communications facilities; this term
includes any personal wireless services as defined in the Telecommunications Act of 1996.
These include commercial mobile services, unlicensed wireless services, and common carrier
wireless exchange access services, and similar services that currently exist or that may in the
future be developed.
“Wireless Communication Service Provider” means every person or entity who provides
wireless communications service, for rent, sale, lease, or in exchange for other
consideration, through the use of wireless communications facilities, whether or not such
facilities are owned by or under the control of such person.
“Wireless Equipment Enclosure” means a small structure, shelter, cabinet, box or vault
designed for and used to house and protect the electronic equipment necessary and/or
desirable for processing wireless communications signals and data, including any provisions
for air conditioning, ventilation, or auxiliary electricity generators.
15.105.024 X Definitions.
15.105.025 Y Definitions.
“Yard” See Setback
“Yard, Front” 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 the MLUDC.
Part 15.100 Administration Page 50 of 55
“Yard, Side” 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.
“Yard, Rear” 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 the MLUDC.
15.105.026 Z Definitions.
“Zero Lot Line Home” means a residential dwelling in which the structure adjacent to side
property line.
“Zoning Administrator” means the Community Development Director or designee charged
with the administration and enforcement of the MLUDC.
“Zoning Ordinance” means the Zoning Ordinance of the City as codified in the MLUDC.
“Zoo” means an establishment which maintains a collection of wild animals, typically in a
park or gardens, for study, conservation, or display to the public.
Part 15.100 Administration Page 51 of 55
Chapter 15.110
MEASUREMENTS
Sections:
15.110.010 Density Calculations.
15.110.020 Setback Measurements.
15.110.030 Building Height Plane.
15.110.010 Density Calculations. Minimum and maximum density for an individual site shall be
calculated by multiplying the gross developable acreage by the applicable number of
dwelling units.
A. Fractions. When calculation results in a fraction, the fraction shall be rounded to the
nearest whole number as follows:
1. Fractions of 0.50 and above shall be rounded up.
2. Fractions below 0.50 shall be rounded down.
B. Calculations for Determining Minimum Density—Net Area. All site areas shall be used
in the calculation of minimum allowed residential density except:
1. Existing street rights-of-way, easements, or other areas reserved or dedicated for
public use (such as parks, open space, and stormwater retention facilities); and
2. Submerged lands.
3. At the time of subdivision, property used for new roadways, trails, stormwater
facilities, or other features used by residents may be counted as part of the site area
for density calculations. Property transferred to the City for the construction of
public roadways or other public features shall be counted as part of the site area if
the City and property owner reach such an agreement prior to and as part of the
transfer.
15.110.020 Setback Measurements.
A. Front Yard Setback. The front yard is measured from the street right-of-way or the edge
of a surface improvement (sidewalk) which extends beyond a right-of-way, whichever is
closer to the proposed structure, to a line parallel to and measured perpendicularly
from the street right-of-way or the edge of the surface improvement at the depth
prescribed for each zone. For dual frontage properties, the front yard is measured from
the street right-of-way that is the property's street address and primary access.
B. Side Yard Setback. The side yard setback is measured from the side lot line adjacent to
another private property to a line parallel to and measured perpendicularly from the
side lot lines at the depth prescribed for each zone.
C. Rear Yard Setback. The rear yard setback is measured from the rear lot line adjacent to
another private property or an alley to a line parallel to and measured perpendicularly
from the rear lot lines at the depth prescribed for each zone.
D. Corner Lots. For corner lots with two street frontages, setbacks from the addressed
street side shall conform to the front yard setback for the underlying zoning district. The
setbacks for the flanking side shall conform to the exterior side yard setbacks for the
underlying zoning district.
E. Pointed/Irregular Lot. For measurements on a pointed or irregular lot refer to definition
of lot line
Part 15.100 Administration Page 52 of 55
15.110.030 Building Height Plane.
A. Maximum Height. Any building or structure or portion thereof hereafter erected in any
use district shall not exceed the maximum height specified in the district, except as
provided in subsections C, D, and E of this section, or as enumerated elsewhere in the
MLUDC.
B. Building Height. The building or structure height is the vertical distance above the
reference datum from the highest point of the structure except as provided in
subsection F of this section. The reference datum shall be selected by either of the
following, whichever yields a greater height of building:
1. Commercial Zoning Districts. The reference datum shall be measured from the
average grade level of the building perimeter, except as provided below and as
enumerated in subsections D and E of this section:
a. The reference datum for buildings, structures or multi-building complexes
located not more than ten (10) feet below the established sidewalk and/or road
right-of-way shall be measured from the reference datum of the highest
adjoining sidewalk or public road right-of-way to a maximum of ten (10) feet; or
b. The reference datum for buildings, structures or multi-building complexes
located more than ten (10) feet below the highest grade of an adjoining
sidewalk or road right-of-way shall be measured from the average distance
between the highest grade of the adjoining sidewalk or public road right-of-way
and the finished grade of the building perimeter to a maximum of twenty (20)
feet.
c. The height of a stepped or terraced building is the maximum height of any
segment of the building.
2. Residential Zoning Districts. The reference datum shall be measured from the
average grade level of the building perimeter, except as provided in subsections D
and E of this section for multifamily and commercial buildings.
3. “Average grade level” means the average of the natural or existing topography of
the lot, parcel, or tract of real property which will be directly under the proposed
building or structure. Calculation of the average grade level shall be made by
averaging the ground elevations at the midpoint of all exterior walls of the proposed
building or structure.
4. “Natural or existing topography” means the topography of the lot, parcel, or tract of
real property in its natural state immediately prior to any site preparation or
grading, including excavation or filling.
C. General Aviation. Buildings, structures, or objects proposed to be located within one
mile of a general aviation airport shall be reviewed to ensure they do not penetrate any
of the airspace surfaces on or near a general aviation airport and meet the Airport
Overlay standards. The review authority shall deny any building, structure or object that
is determined to penetrate or otherwise obstruct airspace surfaces.
D. Shoreline Master Program. The height of any buildings, structures or objects proposed
to be located within the jurisdiction of the shoreline master program shall be subject to
the height restrictions as prescribed by the applicable shoreline regulations.
Part 15.100 Administration Page 53 of 55
E. Exemptions. The following types of structures or structural components are not subject
to the building height limitation of the MLUDC except the limitations on height as
outlined in subsections C, D, and E of this section:
1. Aerials, belfries, chimneys, church spires, fire and hose towers, flagpoles,
monuments, radio or television antennas, communication towers and associated
antennas, water towers, porticos, parapet walls, elevator shafts, and mechanical
systems; and
2. Other similar projections or architectural features that have no space able to be
occupied and do not directly or indirectly affect the use or occupancy of the primary
structure; and
3. Cupolas and domes that do not project higher than twenty percent (20%) of the
average height of the principal structure
Part 15.100 Administration Page 54 of 55
Chapter 15.120
GENERAL PROVISIONS
Sections:
15.120.010 Title.
15.120.020 Law of the City.
15.120.030 Severability and Validity.
15.120.040 Enforcement.
15.120.010 Title. This title shall be and may be cited as the Moses Lake Unified Development Code of
the City of Moses Lake Development Code of the City of Moses Lake, and shall be codified in
Title 15 of the Moses Lake Municipal Code. The Moses Lake Unified Development Code may
be cited by the abbreviation MLUDC.
15.120.020 Law of the City. The contents of the MLUDC shall be prima facie the law of a general and
permanent nature of the City of Moses Lake, State of Washington, and as such shall be
entitled to recognition by all administrative bodies and tribunals of the City, the State or any
of the political subdivisions or municipal corporations of the State, and by any court. Copies
of the MLUDC shall be received as the law of the City without further proof in all courts and
administrative tribunals of the county and State.
15.120.030 Severability and Validity. If any section, subsection, sentence, clause, or phrase of the
MLUDC is for any reason held by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remaining portions of the MLUDC. The City
Council of the City of Mose Lake hereby declares that should any section, paragraph,
sentence, or word of the MLUDC be declared for any reason to be void or unconstitutional,
on its face or as applied, it is hereby provided that all other parts of the same which are not
expressly held to be void or unconstitutional shall continue in full force and effect.
15.120.040 Enforcement. The applicable Department Director or designee has authority to enforce the
requirements of the MLUDC. Enforcement of the MLUDC shall proceed under the provisions
of Chapter 1.20 MLMC. Any approval, permit, certificate, or license issued in conflict with
the provisions of the MLUDC, intentionally or otherwise, may be suspended or revoked by
the Director. The Director and the City Attorney or designee may negotiate a settlement,
compromise, or otherwise dispose of an action when to do so would be in the best interest
of the City.
Part 15.100 Administration Page 55 of 55
Chapter 15.125
ADMINISTRATIVE CODE INTERPRETATIONS
Sections:
15.125.010 Responsibility.
15.125.020 Procedure.
15.125.030 Rules of Construction.
15.125.010 Responsibility. It shall be the responsibility of the Director to review and resolve any
questions regarding the proper interpretation or application of the provisions of the MLUDC
pursuant to the procedures set forth in this Chapter. The Director’s decision shall be in
keeping with the spirit and intent of the MLUDC and of the Comprehensive Plan. The
Director’s decision shall be in writing and kept on permanent file.
15.125.020 Procedure. Any person may request in writing the Director’s interpretation of a code
provision of the MLUDC when it pertains to a specific property or project by means of a
Type I application pursuant to MLUDC Part 15.200. The Director may independently initiate
an interpretation of any conflicting or unclear provisions of the MLUDC.
15.125.030 Rules of Construction.
A. Guiding Principles. In interpreting the MLUDC, the Director shall adhere to the following
rules of construction in interpreting and applying the Code:
1. Meaning. All words used in the MLUDC shall have their normal and customary
meaning, unless specifically defined in the MLUDC.
2. Tense. Words used in the present tense include the future tense.
3. Plural. The plural includes the singular and vice versa.
4. Mandatory. The words will and shall are mandatory.
5. Permissive. The word may is permissive.
6. Gender. The masculine gender includes the feminine and vice versa.
7. Context. In determining the meaning of a word as used in the Code, regard shall be
made for the context in which the word is used.
8. Specification. General terms which follow specific terms are limited to matters
similar to those specified.
9. Exclusion. Express mention of one thing implies exclusion of another.
10. Antecedent. A qualifying phrase refers back both grammatically and legally to the
last antecedent.
11. Conjunctions. The word “or” may include “and”.
12. Superfluous words. No clause or individual words of the Code should be deemed
superfluous.
13. Binding case law. Other applicable rules of construction employed by Washington
appellate courts in interpreting legislative enactments shall apply.
Part 15.400 ZONING AND OVERLAY DISTRICTS
Chapter 15.405 ZONES, OVERLAY ZONES, AND LAND USE
Chapter 15.410 RESIDENTIAL DISTRICT STANDARDS
Chapter 15.415 HOUSING TYPE STANDARDS
Chapter 15.420 NONRESIDENTIAL AND MIXED-USE DISTRICT STANDARDS
Chapter 15.425 GRANT COUNTY AIRPORT OVERLAY DISTRICT
Chapter 15.427 MOSES LAKE MUNICIPAL AIRPORT OVERLAY DISTRICT
Part 15.400 Zoning and Overlay Districts Page 2 of 72
Chapter 15.405
ZONES, OVERLAY ZONES, AND LAND USE
Sections:
15.405.010 Purpose and Application
15.405.020 Adopted Zoning Map and Interpretation
15.405.030 Establishment of Zones.
15.405.040 Establishment of Overlay Districts.
15.405.050 Interpretation of Land Use by Zone Tables.
15.405.060 Residential Land Uses by Zone.
15.405.070 Non-Residential Land Uses by Zone.
15.405.080 Unlisted Uses.
15.405.090 Low Density Residential (R-1) Standards.
15.405.100 Medium Density Residential (R-2) Standards.
15.405.110 High Density Residential (R-3) Standards.
15.405.120 Nonresidential and Mixed Use Standards.
15.405.010 Purpose. The purpose of this Part is to establish and define the land use zones located within
and throughout the City of Moses Lake. The City is divided into zones that are established and
enforced for the following purposes:
A. To provide for the geographic distributions of zones based on land uses that reflect the
vision, goals, and policies of the Moses Lake Comprehensive Plan;
B. To provide for a consistent and compatible residential land use pattern;
C. To preserve and provide for the public safety needs of the citizens of Moses Lake.
15.405.020 Adopted Zoning Map and Interpretation. The City of Moses Lake adopts, maintains,
interprets, and enforces its Official Zoning Map according to the following:
A. The boundaries of Zones and Overlay Zones are shown upon the map entitled “Official
Zoning Map of the City of Moses Lake” (referred to hereinafter as “Zoning Map”) which is
incorporated into and made part of the MLUDC by reference.
B. The Zoning Map and all notations, references, and other information shown on it are a
part of the MLUDC and have the same force and effect as the MLUDC.
C. The Zoning Map that is on file at the City of Moses Lake Community Development Services
shall control in the event of a conflict between the map that is on file and any other
reproduction of said map, including but not limited to, maps that are made available
electronically.
D. Amendments to the Zoning Map approved by Ordinance of the City Council shall be made
administratively by the Director or designee. Technical changes to the Zoning Map that
are necessary to ensure that the Zoning Map accurately reflects zone boundaries
previously approved by Ordinance of the City Council shall also be made administratively
by the Director or designee, including subsequently discovered scrivener’s errors. Zoning
Map amendments approved by the City Council have immediate effect, unless otherwise
specified in the enabling Ordinance.
E. Amendments to the Zoning Map that stem from a privately initiated zoning change
request shall only be implemented on the Zoning Map after a Final Decision has been
rendered on the underlying zone change request, and after the time limit for which an
Part 15.400 Zoning and Overlay Districts Page 3 of 72
appeal by an interested party has expired. A duly filed and accepted appeal shall pause
the implementation of the change until resolved.
F. 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 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 the MLUDC.
In a case where it appears that the Zoning Map shows a zone boundary bisecting or
otherwise crossing an existing parcel, the Director shall make an Administrative Code
Interpretation decision that seeks to carry out the intent and purpose of the MLUDC and
any relevant Ordinance or Final Decision meant to establish the zoning boundary at the
appropriate lot line, street, or alley.
15.405.030 Establishment of Zones. In order to carry out the provisions of the MLUDC, the City is divided
into the zones set forth in Table 15.405.030, Moses Lake Zones.
Table 15.405.030 Moses Lake Zones
Zone
Classification
/Name
Abbreviation Character Purposes
Residential
Low Density
Residential R-1 Suburban
Provides for low-density residential development in
neighborhoods already characterized by one and two-
family dwellings, and in areas not suited to more
intense residential development. These purposes are
accomplished by:
1. Allowing detached single-family as the predominant
use;
2. Allowing multi-unit structures that are compatible
with a single-family aesthetic;
3. Providing design standards and guidelines that
enhance the appearance and function of uses in the
zone and their compatibility with surrounding uses.
Medium
Density
Residential
R-2
Auto-
oriented
or
Suburban
Provides for moderate density residential uses in a mix
of housing types and styles.
1. Allowing multi-family, townhomes, cottage housing,
and mixed housing type uses;
2. Providing design standards and guidelines that
enhance the appearance and function of uses in the
zone and their compatibility with surrounding uses
High Density
Residential R-3
Auto-
oriented
or Urban
Provides for multifamily residential uses in more
urbanized areas of the City in a range of styles,
including limited opportunities for mixed-use
development. This designation also serves as
transitional areas between lower-density residential
neighborhoods and non-residential areas.
Part 15.400 Zoning and Overlay Districts Page 4 of 72
1. Allowing multi-family, townhomes, cottage housing,
and mixed housing types;
2. Providing design standards and guidelines that
enhance the appearance and function of uses in the
zone and their compatibility with surrounding uses.
Commercial and Mixed Use
Central
Business
District/
Downtown
C1 Urban
core
This zone provides for a pedestrian oriented mixed-use
area that focuses less on automotive traffic. It is
intended to provide for a variety of uses to facilitate a
live, work, play environment.
Transitional
Commercial/
Downtown
C1A Urban
core
This zone provides for a pedestrian oriented mixed-use
area that focuses less on automotive traffic. It is
intended to provide for a variety of uses to facilitate a
live, work, play environment.
General
Commercial
and Business
Zone
C-2
Auto-
oriented
suburban
or urban
Facilitates economic activity in Moses Lake through
commercial development in a variety of forms and
locations. The zone orients mainly to automotive traffic
Industrial
Light
Industrial L-I Auto-
oriented
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.
Heavy
Industrial H-I Auto-
oriented
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.
These purposes are accomplished by providing design
standards and guidelines that enhance the appearance
and function of uses in the zone and their compatibility
with surrounding uses.
Public
Public P Varies
Indicates areas that are used for the variety of public
uses which are required in a city such as parks, offices,
community facilities, and schools. All publicly owned
property is to be designated “Public” unless otherwise
zoned.
Parks and
Open Space OS Natural Intended to designate areas reserved for parks or open
space uses that are generally available to the public.
Part 15.400 Zoning and Overlay Districts Page 5 of 72
15.405.040 Establishment of Overlay Districts.
A. Overlay districts are complimentary to the underlying zoning designation and may apply
additional criteria or standards along with those for the underlying zone. Any
discrepancies should be resolved in favor of the overlay district standards.
B. Overlay district are established in the following Table 15.405.040, Moses Lake Overlay
Districts.
Table 15.405.040 Moses Lake Overlay Districts
Overlay
District Abbreviation Purposes
Downtown
Creative
District
DCD
Intended to promote revitalization of Downtown Moses Lake through
targeted investments that will promote a unique sense of place,
increase the vitality of Downtown by adding housing and mixed-use
development, and reinforce Downtown’s role as a civic center for the
community.
Broadway
Revitalization
District
BRD
Intended to improve the overall viability of development in this
important gateway corridor into Downtown Moses Lake through
infrastructure investments, public-private partnerships, and land use
regulations to promote infill development.
EPA
Groundwater
Institutional
Control
Boundary
Pertains to land surrounding the Grant County Airport and is a
designated as a U.S. Environmental Protection Agency (EPA)
Superfund site due to soil and groundwater contamination resulting
from past industrial activity. The EPA has documented two
groundwater contamination plumes, and clean-up activities in the
area are ongoing. In addition to technical cleanup and remediation
measures, institutional controls, such as zoning and development
regulations, may be necessary to ensure the safety of residents and
businesses in the area. The Institutional Control Boundary delineates
the area where such controls may be necessary, as determined by the
EPA.
Municipal
Airport
Overlay
Districts
(Grant
County and
Moses Lake
Municipal)
This zone relates to the property within the boundary of the Moses
Lake Municipal Airport. The primary purposes of the Moses Lake
Municipal Airport Zone are: A. To assure that the property
comprising the Moses Lake Municipal Airport will continue to be used
in a manner that is compatible with general aviation airport and
aircraft operations. and B. To establish a framework within which
both commercial and recreational aviation and aviation-related
activities can prosper.
15.405.050 Interpretation of Land Use by Zone Tables.
A. The purpose of this Chapter is to establish where categories of land uses may be
permitted and whether those uses are allowed outright or by conditional use permit.
Permitted uses may have additional standards or criteria that apply. Land uses are also
subject to any footnotes contained within this Chapter. Land uses not listed are presumed
to be prohibited. If a proposed use is not listed, but may be substantially similar to a listed
Part 15.400 Zoning and Overlay Districts Page 6 of 72
use, an Applicant may seek clarification through a request for a Code Interpretation. See
also 15.405.080 below.
B. The symbols used in the table represent the following:
1. A “P” means “permitted as-of-right.” These uses are subject to administrative review
for compliance with the general requirements of the MLUDC, as well as any additional
criteria or standards that apply to the particular use.
2. A “C” indicates that the use is allowed by Conditional Use Permit (CUP) and is subject
to the conditional use provisions in MLUDC Chapter 15.225 and any additional
standards specified.
3. A “L” indicates that the use is “limited” and includes additional standards, criteria,
and specifications.
4. No symbol in the box indicates the use is prohibited in the zone.
C. Procedural requirements for permits are described in Part 15.200.
15.405.060 Residential Land Uses by Zone. The residential land uses that are allowed in each zone are
outlined in Table - Residential Land Uses by Zone. Housing descriptions and standards for each
housing type are within the standards sections. Permitted uses may still have additional
standards that apply to specific types of development in all or some zones.
Table 15.405.060 Residential Land Uses by Zone
Land Use
Zones
MLUDC Reference
Residential
Commercial and
Mixed Use Industrial Public
R-1 R-2 R-3 C-1 C-1A C-2 L-I H-I P
Single Family
Dwelling Unit P P P 15.410 & 15.415
Zero Lot Line Home P P P 15.410 & 15.415
Accessory Dwelling
Unit P P P 15.410 & 15.415
Duplex P P P 15.410 & 15.415
Townhouse P P P 15.410 & 15.415
Stacked Flats P P 15.410 & 15.415
Triplexes (1) P P P 15.410 & 15.415
Fourplexes (1) P P P 15.410 & 15.415
Fiveplexes P 15.410 & 15.415
Sixplexes P 15.410 & 15.415
Cluster Housing
Developments(2) P P 15.410 & 15.415
Courtyard
Apartments P 15.410 & 15.415
Cottage Housing(2) P P 15.410 & 15.415
Multi-family
Residential P P(L) P(L) C
15.410 & 15.415
L – Accessory Use on
second floor
Part 15.400 Zoning and Overlay Districts Page 7 of 72
Manufactured
Homes P P 15.410 & 15.415
Manufactured
Home Parks C C 15.410 & 15.415
Modular Homes P P P 15.410 & 15.415
Micro (Tiny) Homes
(3) P P P 15.410 & 15.415
Mixed Use
Residential
Development
P P P P
15.410 & 15.415
Other Housing (4) P P P 15.410 & 15.415
R-1 R-2 R-3 C-1 C-1A C-2 L-I H-I P
Special Residential Land Uses
Assisted Living or
Congregate Care P P P C C
Group Home P P P C C
Home Occupation P P 15.630
Short Term Rental P P P 15.650
Live-Work Unit P P C C 15.420
Nursing Home,
Memory Care,
Alzheimer’s Care
C C C (5) C(5) P
Protective Care P P P P P P
Boarding House C C C P P
RV Parks (for
housing) P 15.415
Transitional
Housing 15.415
Development conditions (footnotes):
(1) Triplexes and Fourplexes in the R-1 and R-2 Zone shall only be located on corner lots.
(2) Cluster developments including cottage housing shall comply with the subdivision and
development standards in Part. Cluster housing shall avoid critical areas in accordance with Part
15.500.
(3) Micro (Tiny) Homes shall be allowed in each zone with densities and unit allocations as outlined in
15.415.010.
(4) Other Housing types, as they may exist now or be developed in the future, shall always be subject
to all additional criteria found in referenced code sections, as well as all applicable building, fire,
and health standards.
(5) These facilities may not be located or operated on the ground floor of buildings in the Downtown
Zone.
“P” = Permitted Use; “L” = Limited Use (see section and standards); “C” = Conditional Use
Part 15.400 Zoning and Overlay Districts Page 8 of 72
Single Family Dwelling Unit
Zero Lot Line Home
Accessory Dwelling Unit (ADU)
Part 15.400 Zoning and Overlay Districts Page 9 of 72
Duplex
Townhouse
Stacked Flats
Part 15.400 Zoning and Overlay Districts Page 10 of 72
Triplex
Fourplex
Fiveplex
Part 15.400 Zoning and Overlay Districts Page 11 of 72
Sixplex
Cluster Housing Development
Part 15.400 Zoning and Overlay Districts Page 12 of 72
Courtyard Apartments
Cottage Style Housing
Part 15.400 Zoning and Overlay Districts Page 13 of 72
Multi-Family Residential
Manufactured Homes
Part 15.400 Zoning and Overlay Districts Page 14 of 72
Manufactured Home Parks
Modular Homes
Part 15.400 Zoning and Overlay Districts Page 15 of 72
Micro (Tiny) Homes
Mixed Use Residential
Part 15.400 Zoning and Overlay Districts Page 16 of 72
15.405.070 Non-Residential Land Uses by Zone. The non-residential land uses that are allowed in each
zone are outlined in Table Non- Residential Land Uses by Zone. Standards can be found within
the standards sections. Permitted uses may still have additional standards that apply to
specific types of development in all or some zones.
Table 15.405.070 Non-Residential Land Uses by Zone
Land Use
Zones
MLUDC
Reference
Residential
Commercial and
Mixed Use Industrial Public
R-1 R-2 R-3 C-1 C-1A C-2 L-I H-I P
Hospitality, Recreation, and Entertainment Uses
Exhibition Halls and
Museums P P P P
Bed and Breakfast P P P C
Brewery or Winery
(production only) P(L) P(L)
L - Micro
Brewery,
Distillery,
Winery – CUP
Brewpub P1 P1 P
Limited Winery /
Tasting Rooms (no
production)
P P Exception for
Fairgrounds
Distillery P P
Bar P P P
Campground, public P
Campground, private C C
Commercial Lodging,
Business or Tourist P P P
Commercial Lodging,
Convention P P P P
Convention Center P P P P
Community Center
or Service Clubs
P
(2)
P
(2) P (2) P P P
Fairgrounds P
Golf Course, public C C C P
Golf Course, private C C C C
Indoor Amusement,
Recreation and
Entertainment
P P P P
Indoor Firing or Gun
Range C C C C C
Part 15.400 Zoning and Overlay Districts Page 17 of 72
Movie Theatre P
Outdoor Commercial
Recreation or
Amusement
P P P P C
Outdoor Stadium,
Arena,
Amphitheatre, or
Drive-In Theater
C P
Parks P P P P P P P P P
Restaurant C (3) P P P P CUP under
2,000 sq ft
Restaurant, Fast
Food (Drive through) P P
Skating Rink P P
RV Park P C
Adult Entertainment C
Zoo C C
R-1 R-2 R-3 C-1 C-1A C-2 L-I H-I P
Commercial Uses
Electric vehicle
charging stations(4) P P P P P P P P P
Fueling or service
stations P P P
Fruit or Vegetable
Stand P
Laundromat P P P
Cannabis/Marijuana
*retail P P C
Motor vehicle wash P P P P
Motorcycle, scooter,
E-bike, ATV sales or
rental
C C P P
Office, General C C P P P P
L -Size,
location and
2nd floor,
define
Office, Medical P(L) P P P P
L -Size, 2nd
floor, location
and define
Office, Personal
Services P(L) P P P C
L -Size,
location, 2nd
floor and
define
Part 15.400 Zoning and Overlay Districts Page 18 of 72
Retail Sales and
Services P P P P C
Kennel (Indoor P P P P
Kennel (outdoor) P
Surface parking (2) P P P P P
Paid /
Accessory –
off-site
Structured parking C C P P P
Veterinarian (Large
Animal) P
Veterinarian (Small
Animal) P P P P
Nursery or
Greenhouse,
Wholesale
P P P P
R-1 R-2 R-3 C-1 C-1A C-2 L-I H-I P
Community and Institutional Uses
Airport P
Bus or Taxi Terminal C C C C
Cemetery C P
Churches, Temples,
Synagogues, etc. C C C C C P
Day Care Center,
Adult or Child,
Level 1
C C C C C P 15.605
Day Care Center,
Adult or Child,
Level 2
C C C C C C 15.605
Funeral Home P P
Essential Public
Facilities 15.625
Hospital C C
School C C C C C C C
Makers Space /
Incubator P P P P
University or
College, Vocational
Schools
P P P P
Community Garden P P P P P P P P
R-1 R-2 R-3 C-1 C-1A C-2 L-I H-I P
Part 15.400 Zoning and Overlay Districts Page 19 of 72
Industrial Uses
Concrete Products P P
Concrete
Manufacturing P
Composting Facility P P
Cryptocurrency C 15.615
Data Centers C 15.615
Disposal
Food Processing P P
Heavy Industry (L) C P
Heavy vehicle sales
or rental, including
tractor trailers, RV’s,
implements, etc.
P P P
Heavy Logistics
Center P P
Light Industry (L) P P
Light Manufacturing
Cannabis/ Marijuana
production and
processing
C C 15.635
Recycling Collection
Center P(L) P P L – up to 2,000
sq ft
Rendering Plant/
Slaughterhouse P
Resource Extraction
(minerals) C
Salvage Yard C P
Self-Storage / Mini-
storage C P P
Contractor Yard P P
Storage Yard P P
Storage of Gravel &
Equipment for
construction
P P
R-1 R-2 R-3 C-1 C-1A C-2 L-I H-I P
Governmental, Utility, and Wireless Communication
Court House P P P
Fire Station P P P P P P P P P
Jail C P
Library P P P P P
Police Station P P P P P P P P P
Public Agency or
Utility Office P P P P
Part 15.400 Zoning and Overlay Districts Page 20 of 72
Public Agency or
Utility Yard P P P
Utility Facility C P P P P
Freestanding
Communications
Tower
C C C C 15.655
Alternative Tower
Structure C C C C 15.655
Small Cell Wireless
Facility P P P P P P P P P 15.657
Other Wireless
Communication
Facilities
C C C C C C 15.655
Development conditions (footnotes):
(1) A Brewery or Winery with a retail component is limited to a maximum of 4,000 sq ft in C-1 or C-1A
and 10,000 sq ft in C-2.
(2) These facilities are allowed in residential zones so long as there is no service, sale, or use or alcohol
or cannabis products.
(3) Restaurants in the residential zones shall be no larger than 2,000 sq ft.
(4) Vehicle battery charging stations are permissible for the primary use of residents and their guests
in all residential zones. Battery charging station clusters are permitted for multifamily uses located
in the R-3 zone.
(5) Use is described as primary use on site not secondary. Grading and/or site development permit is
required.
(6) Indoor.
15.405.080 Unlisted Uses.
A. How to Determine. If a proposed use is not listed in a Land Use by Zone Table, then the
Director or designee shall determine whether the proposed use is functionally
comparable to a use that is listed in Tables 15.405.060 and 15.405.070. A request for such
a determination is considered a Code Interpretation Type I Permit. Once an official
request for a Code Interpretation is received and accepted by the Department, the
Director or designee shall determine whether the proposed unlisted use is functionally
comparable to a listed use, or not, according to the criteria and considerations in
subsection B below.
B. Decision Criteria. The following decision criteria shall be evaluated when the Director
determines whether a proposed use is functionally comparable to an allowed use:
1. Parking demand;
2. Average daily and peak hour trip generation;
3. Noise;
4. Vibration;
5. Lighting;
6. Dust;
7. Odors;
8. Potentially hazardous conditions, such as projectiles leaving the site;
Part 15.400 Zoning and Overlay Districts Page 21 of 72
9. Secondary impacts on the community (e.g., increased crime or threats to public
health, or degradation of historic resources);
10. Design of buildings and structures;
11. Character of operation;
12. Implementation of the Comprehensive Plan;
13. The latest version of the North American Industry Classification System; and
14. Any other relevant consideration.
C. Determinations.
1. If the Director determines that the unlisted use is functionally comparable to a
permitted or conditional use, then an application for approval of the unlisted use shall
be processed with the same restrictions as the listed use that it is functionally
comparable to.
2. If the Director determines that an unlisted use is most closely functionally comparable
to a prohibited use, or is not functionally comparable to any listed use, then the
unlisted use is a prohibited use.
15.405.090 Low Density Residential (R-1) Standards.
A. In General. The R-1 zone is the residential zone with larger lots and a lower density of
development. This zone is primarily focused on detached single dwelling units with
potential for accessory dwellings, but also allows attached units and small-sized multi-
unit structures that are consistent with the lower density character of the zone.
Table 15.405.090 R-1 Building Dimensional Standards
R-1 Building Dimensions Standard Reference
Front setback (for
parking/vehicle/garage) 25 feet
Front setback (residential structure) 10 feet
Rear setback 15 feet
Side setback 5 feet
Maximum building height 35 feet
Accessory dwelling unit (ADU)
maximum height (1) 24 feet 15.415.010
Accessory structure maximum height (1) 20 feet
Parking Requirements (1) 2 off street spots per principal
unit
Minimum Lot Width (1) (2)(5) 40 feet (25 on curves and cul-de-
sac)
Minimum Lot Depth(5) 75
Minimum Lot Size(5) 4,000 sq ft or 10 units per acre
Notes:
(1) Exceptions and Standards for Accessory Dwelling Units are outlined in MLUDC 15.415.010.
(2) Corner lots shall have a minimum width of 60 feet in the R-1 Zone.
(3) The minimum lot width, depth, and size may be reduced in a subdivision as long as the average
of all of the lot sizes within the subdivision remains equal to or above the minimum lot width,
Part 15.400 Zoning and Overlay Districts Page 22 of 72
depth, and size. All lots must comply with all other requirements, including but not limited to
minimums set forth in Title 16 MLMC, Buildings and Construction.
B. Density. Generally, the maximum number of residential units per lot in the R-1 Zone is
two (2) principal dwelling units. Increased density per lot is allowed under the following
circumstances:
1. Affordable Housing. If one or more of the residential units on a particular lot is
designated as “affordable housing” meeting the requirements of RCW 36.70A.635(2),
then there may be up to four (4) principal residential units on that lot.
2. Corner Lots. Triplexes and Fourplexes are allowed uses on corner lots within the R-1
Zone. Therefore, the maximum number of principal residential units is four (4) per
corner lot within the R-1 Zone, so long as the units are all within the same structure.
3. ADUs. The addition of two (2) Accessory Dwelling Units (ADUs) per lot is generally
allowed. ADUs are considered residential units (but no principal units) when
calculating per lot density. All underlying zoning standards, as well as those found in
MLUDC 15.415.010, shall always apply. The number of ADUs allowed to be
constructed on each lot in the R-1 Zone shall be as follows:
a. If the principal unit is a single-family detached unit with no other residential units
on the lot, then two (2) ADUs are permitted on that lot.
b. If the subject lot contains only two (2) principal residential units (i.e. a duplex),
then only one (1) ADU is allowed.
c. If the subject lot already contains three (3) or more residential units, then ADUs
shall not be allowed to be constructed on that lot.
C. Type of Development Allowed. The following types of residential development are
permitted in the R-1 Zone (subject to any additional standards or permit requirements):
1. Single-family residential / single-unit residential (detached).
2. Duplexes.
3. Townhouses.
4. Triplexes (on corner lots).
5. Fourplexes (on corner lots).
7. Tiny Homes.
8. ADUs.
D. Primary Entrance.
1. Residential units shall have a primary entrance that faces the street or a common
courtyard.
2. The primary entrance shall include an architectural feature such as a porch, landing,
or portico.
3. There shall be a walkway from the primary entrance to the sidewalk or driveway.
E. Landscape and Hardscape Standards. Landscaping shall comply with MLUDC Chapter
15.720.
Part 15.400 Zoning and Overlay Districts Page 23 of 72
F. Building Height Plane. Buildings shall comply with MLUDC Chapters 15.410 and 15.415.
G. Massing Standards. All principal residential dwelling structures that contain more than
one residential unit shall comply with the applicable standards found in MLUDC Chapters
15.410 and 15.415.
15.405.100 Medium Density Residential (R-2) Standards.
A. In General. The R-2 zone is the residential zone with moderate density residential uses
and a mixture of housing types at a medium density. This zone is comprised of a mixture
of housing types ranging from single dwelling units up to fourplexes. The intent of this
zone is to allow a diversity of housing types while maintaining a moderate density
neighborhood character.
Table 15.405.100 R-2 Building Dimensional Standards
R-2 Building Dimensions Standard Reference
Front setback (for
parking/vehicle/garage) 25 feet
Front setback (residential structure) 8 feet
Rear setback 10 feet
Side setback 5 feet
Maximum building height 40 feet
Accessory dwelling unit (ADU)
maximum height (1) 24 feet 15.415.010
Accessory structure maximum height (1) 20 feet
Parking Requirements (1) 2 off street spots per principal
unit
Minimum Lot Width (1) (4) 40 feet (25 on curves and cul-de-
sac)
Minimum Lot Depth(4) 75 feet
Minimum Lot Size (4) 2,700 sq ft or 10 units per acre
Notes:
(1) Exceptions and Standards for Accessory Dwelling Units are outlined in MLUDC 15.415.010.
(2) The minimum lot width, depth, and size may be reduced in a subdivision as long as the average
of all of the lot sizes within the subdivision remains equal to or above the minimum lot width,
depth, and size. All lots must comply with all other requirements, including but not limited to
minimums set forth in Title 16 MLMC, Buildings and Construction.
B. Density. Generally, the maximum number of residential units per lot in the R-2 Zone is
two (2) principal dwelling units. Increased density per lot is allowed under the following
circumstances:
1. Affordable Housing. If one or more of the residential units on a particular lot is
designated as “affordable housing” meeting the requirements of RCW 36.70A.635(2),
then there may be up to four (4) principal residential units on that lot.
2. Corner Lots. Triplexes and Fourplexes are allowed uses on corner lots within the R-2
Zone. Therefore, the maximum number of principal residential units is four (4) per
corner lot within the R-2 Zone, so long as the units are all within the same structure.
Part 15.400 Zoning and Overlay Districts Page 24 of 72
3. ADUs. The addition of two (2) Accessory Dwelling Units (ADUs) is generally allowed.
ADUs are considered residential units (but not principal units) when calculating per
lot density. All underlying zoning standards, as well as those found in MLUDC
15.415.010, shall always apply. The number of ADUs allowed to be constructed on
each lot in the R-2 Zone shall be as follows:
a. If the principal unit is a single-family detached unit with no other residential units
on the lot, then two (2) ADUs are permitted on that lot.
b. If the subject lot contains only two (2) principal residential units (i.e. a duplex),
then only one (1) ADU is allowed.
c. If the subject lot already contains three (3) or more residential units, then ADUs
shall not be allowed to be constructed on that lot.
C. Type of Development Allowed. The following types of residential development are
permitted in the R-2 Zone (subject to any additional standards or permit requirements):
1. Single-family residential / single-unit residential (detached).
2. Duplexes.
3. Townhouses.
4. Stacked Flats.
5. Triplexes (on corner lots).
6. Fourplexes (on corner lots).
7. Cluster Housing Developments.
8. Cottage Housing Developments.
9. Tiny Homes.
10. ADUs.
11. Manufactured Home Parks.
12. Other Housing Options.
D. Primary Entrance.
1. Residential units shall have a primary entrance that faces the street or a common
courtyard.
2. The primary entrance shall include an architectural feature such as a porch, landing,
or portico.
3. There shall be a walkway from the primary entrance to the sidewalk or driveway.
E. Landscape and Hardscape Standards. Landscaping shall comply with MLUDC Chapter
15.720.
F. Building Height Plane. Buildings shall comply with MLUDC Chapters 15.410 and 15.415.
G. Massing Standards. All principal residential dwelling structures that contain more than
one residential unit shall comply with the applicable standards found in MLUDC Chapters
15.410 and 15.415.
15.405.110 High Density Residential (R-3) Standards.
A. In General. The R-3 zone is intended to be a more urbanized residential zone with the
highest density and mixture of residential uses. This zone is transitional from lower
density residential zones towards commercial or mixed-use districts. This allows for the
largest range of housing types while maintaining compatibility and a transitional form
between land uses.
Table 15.405.110 R-3 Building Dimensional Standards
Part 15.400 Zoning and Overlay Districts Page 25 of 72
R-3 Building Dimensions Standard Reference
Front setback (for
parking/vehicle/garage) 22 feet
Front setback (residential structure) 8 feet
Rear setback 10 feet
Side setback 5 feet
Maximum building height (1) 50 feet (1)
Accessory dwelling unit (ADU)
maximum height (2) 24 feet 15.415.010
Accessory structure maximum height (2) 20 feet
Lot building coverage 75%
Parking Requirements (2) 2 off street per unit 15.715
Minimum Lot Size(6) 2,000 sq ft
Maximum Density (3) 25 units per acre
Notes:
(1) The maximum building height may be increased to 50 feet if the bottom floor or base layer of
the structure is used for parking.
(2) Exceptions for Accessory Dwelling Units are outlined in MLUDC 15.415.010.
(3) The Maximum Density of 25 units per acre applies to multifamily development, not for the
purposes of determining minimum lot size.
(4) The minimum lot size may be reduced in a subdivision as long as the average of all of the lot
sizes within the subdivision remains equal to or above the minimum lot size. All lots must comply
with all other requirements, including but not limited to minimums set forth in Title 16 MLMC,
Buildings and Construction.
B. High Density Housing Density. Generally, the maximum number of residential units per
lot in the R-3 Zone is two (2) principal dwelling units. Increased density per lot is allowed
under the following circumstances:
1. Affordable Housing. If one or more of the residential units on a particular lot is
designated as “affordable housing” meeting the requirements of RCW 36.70A.635(2),
then there may be up to four (4) principal residential units on that lot.
2. ADUs. The addition of two (2) Accessory Dwelling Units (ADUs) is generally allowed.
ADUs are considered residential units (but not principal units) when calculating per
lot density. All underlying zoning standards, as well as those found in MLUDC
15.415.010, shall always apply. The number of ADUs allowed to be constructed on
each lot in the R-3 Zone shall be as follows:
a. If the principal unit is a single-family detached unit with no other residential units
on the lot, then two (2) ADUs are permitted on that lot.
b. If the subject lot contains only two (2) principal residential units (i.e. a duplex),
then only one (1) ADU is allowed.
c. If the subject lot already contains three (3) or more residential units, then ADUs
shall not be allowed to be constructed on that lot.
d. No ADUs are allowed on a lot that has multi-family development.
C. Multi-Family Residential Density. Multi-family development in the R-3 zone is allowed to
construct units up to a maximum density of 25 units per acre.
Part 15.400 Zoning and Overlay Districts Page 26 of 72
1. Courtyard apartments, cottage housing, and all other middle housing options are not
considered multi-family residential developments for the purposes of applying these
density standards.
D. Type of Development Allowed. The following types of residential development are
permitted in the R-3 Zone (subject to any additional standards or permit requirements):
1. Single-family residential / single-unit residential (detached).
2. Duplex.
3. Townhouses.
4. Stacked Flats.
5. Triplexes.
6. Fourplexes.
7. Fiveplexes.
8. Sixplexes.
9. Multi-Family Residential.
10. Courtyard Apartments.
11. Cluster Housing Developments.
12. Tiny Homes.
13. ADUs.
14. Manufactured Home Parks.
15. Other Housing Options.
E. Primary Entrance.
1. Residential units shall have a primary entrance that faces the street or a common
courtyard.
2. The primary entrance shall include an architectural feature such as a porch, landing,
or portico.
3. There shall be a walkway from the primary entrance to the sidewalk or driveway.
F. Landscape and Hardscape Standards. Landscaping shall comply with MLUDC Chapter
15.720.
G. Building Height Plane. Buildings shall comply with MLUDC Chapters 15.410 and 15.415.
H. Massing Standards. All principal residential dwelling structures that contain more than
one residential unit shall comply with the applicable standards found in MLUDC Chapters
15.410 and 15.415. All multi-family residential construction shall comply with the
applicable standards found in MLUDC Chapters 15.410 and 15.415.
15.405.120 Nonresidential and Mixed Use Standards. The below Table - Nonresidential and Mixed Use
Building Standards sets the standards for nonresidential and mixed use development.
Table 15.405.120 Nonresidential and Mixed Use Building Dimensional Standards
Building Dimensions C-1 C-1A C-2 L-I H-I P
Lot Area N/A N/A N/A N/A N/A N/A
Lot Width N/A N/A N/A N/A N/A N/A
Front Setback 0 ft. 0 ft. 15 ft. 0 ft. 0 ft. 25 ft.
Street Side 0 ft. 0 ft. 15ft. 0 ft. 0 ft. 25 ft.
Part 15.400 Zoning and Overlay Districts Page 27 of 72
Interior Side
Principal Buildings 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 10 ft.
Accessory Buildings 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 5 ft.
Rear
Principal Buildings 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 20 ft.
Accessory Buildings 0 ft. 0 ft. 0 ft. 0 ft. 0 ft. 15 ft.
Maximum Building Height
Principal Buildings 100 ft. 100 ft. 100 ft. 50 ft. N/A 45 ft.
Accessory Buildings 100 ft. 100 ft. 100 ft. 50 ft. N/A 45 ft.
Note: All structures must comply with all other requirements, including but not limited to any
minimums or maximums set forth in Title 16 MLMC, Buildings and Construction.
Part 15.400 Zoning and Overlay Districts Page 28 of 72
Chapter 15.410
RESIDENTIAL DISTRICT STANDARDS
Sections:
15.410.010 Compliance with Standards and Guidelines.
15.410.015 Design Standards and Guidelines Adopted by Reference.
15.410.020 Low Density Residential (R-1) Standards.
15.410.030 Medium Density Residential (R-2) Standards.
15.410.040 High Density and Mixed Use Residential (R-3) Standards.
15.410.030 General Residential Performance Standards.
15.410.010 Compliance with Standards and Guidelines. All residential development shall comply with
the design standards and guidelines applicable to the type of use and/or the district in which
the proposed development is located. The Director, or other decision maker so specified, shall
have the authority to apply the standards to specific development proposals as conditions of
approval. The residential district provisions in this Part generally apply to the following
development within the City:
A. All residential development.
B. All mixed use development that includes residential development
C. All alternative residential development
D. All residential subdivisions.
These standards are intended to supplement other provisions of the MLUDC and other
existing City codes applicable to developments. Where there is a conflict between the
provisions of this Chapter and other codes, the most stringent shall apply.
15.410.015 Design Standards and Guidelines Adopted by Reference.
A. Standards Adopted by Reference. This Chapter recognizes and incorporates the standard
details for construction of public improvements, as it exists now or as it may hereafter be
amended. The City Council has established by resolution the standard details for
construction of public improvements, and other matters pertaining to the MLUDC. The
standard details for construction of public improvements shall be kept by the City
Engineer or the City Clerk and may be altered or amended by resolution of the City
Council. Where conflicts or inconsistencies arise between the standard details for
construction as approved by resolution of the City Council and those in other titles, the
standard details for construction as approved by resolution of the City Council supersede
those in other titles.
B. Standards Adopted by Reference Minimum. The standards and requirements
established or referenced by the MLUDC are minimum requirements. These standards
may be increased and additional requirements may be imposed for the purpose of
mitigating identified probable significant adverse environmental impacts pursuant to the
State Environmental Policy Act, Chapter 43.21C RCW, as now established or hereafter
amended. Such additional requirements may include, but shall not be limited to, off-site
improvements to any public facility, the dedication or improvement of parks and open
Part 15.400 Zoning and Overlay Districts Page 29 of 72
spaces, and monetary contributions to any City fund established to finance the provision
of public services.
15.410.020 Low Density Residential (R-1) Standards.
A. Windows. No building shall be designed without windows on a building façade.
Exceptions may be made for zero-lot line homes as approved by the Director.
B. Siding Materials. Siding materials shall be wood, masonite, masonry, stucco, vinyl, or
other exterior siding similar in appearance to siding materials commonly used on
conventional site-built single-dwelling unit homes. The exterior siding materials shall
extend to the top of the foundation or skirting.
C. Foundation. A permanent, perimeter masonry or a concrete foundation shall be required
for all residential dwellings in the R-1 Residential District. Manufactured homes located
within residential districts other than the R-1 Residential District, shall have a perimeter
foundation or skirting that is similar in appearance to the foundations of site-built
housing. Manufactured homes shall be placed on concrete runners extending for the
length of the required blocking and eighteen (18) inches beyond the end pier. The runners
shall be no less than six (6) inches in thickness and a minimum of two (2) feet in width.
The runners will be reinforced with #4 rebar that are placed longitudinally and spaced no
more than twelve (12) inches apart. Tie-downs are required as per manufacturer’s
recommendation or as recommended by the Building Official.
D. Floor Level. The first finished floor level of a residence shall be 15 inches or less above the
top of the perimeter foundation wall. Manufactured homes may be recessed (pit-set) to
achieve this.
E. Garages. Whether attached or detached shall be setback from the front of the house a
minimum of five (5) feet. Garages cannot make up more than fifty percent (50%) of a front
facing façade.
F. Accessory. Accessory structures shall be setback a minimum of five (5) feet from the
primary structure.
Garage Standards
Part 15.400 Zoning and Overlay Districts Page 30 of 72
15.410.030 Medium Density Residential (R-2) Standards.
A. Windows. No building shall be designed without windows on a building façade.
Exceptions may be made for zero-lot line homes as approved by the Director.
B. Siding Materials. Siding materials shall be wood, masonite, masonry, stucco, vinyl, or
other exterior siding similar in appearance to siding materials commonly used on
conventional site-built single-dwelling unit homes. The exterior siding materials shall
extend to the top of the foundation or skirting.
C. Foundation. A permanent, perimeter masonry or a concrete foundation shall be required
for all residential dwellings in the R-2 Residential District. Manufactured homes located
within residential districts other than the R-2 Residential District, shall have a perimeter
foundation or skirting that is similar in appearance to the foundations of site-built
housing. Manufactured homes shall be placed on concrete runners extending for the
length of the required blocking and eighteen (18) inches beyond the end pier. The runners
shall be no less than six (6) inches in thickness and a minimum of two (2) feet in width.
The runners will be reinforced with #4 rebar that are placed longitudinally and spaced no
more than twelve (12) inches apart. Tie-downs are required as per manufacturer’s
recommendation or as recommended by the Building Official.
D. Floor Level. The first finished floor level of a residence shall be fifteen (15) inches or less
above the top of the perimeter foundation wall. Manufactured homes may be recessed
(pit-set) to achieve this.
E. Garages. Whether attached or detached shall be setback from the front of the house a
minimum of five (5) feet. Garages cannot make up more than fifty percent (50%) of a front
facing façade.
F. Access. Corner lots shall include access and building façade/entrance to each frontage for
multi-dwelling unit structures.
G. Accessory. Accessory structures shall be setback a minimum of five (5) feet from the
primary structure.
15.410.040 High Density and Mixed Use Residential (R-3) Standards.
Part 15.400 Zoning and Overlay Districts Page 31 of 72
A. In General. Multi-family Residential shall comply with the applicable sections of the City
of Moses Lake Design Standards and Guidelines which are adopted by this reference as if
fully set forth herein.
B. Building Orientation.
1. Buildings shall be oriented towards the street, not towards the alley or parking area.
2. Pedestrian entrances shall provide direct access to the public sidewalk.
3. Where parcels have multiple frontages, buildings shall be designed with orientation
towards both streets as much as feasible.
Building Articulation
C. Building Articulation—Multifamily Buildings. All multifamily buildings and residential
portions of mixed-use buildings shall include at least three of the following articulation
features at intervals of no more than thirty (30) feet along all facades facing a street,
common open space, and common parking areas:
Part 15.400 Zoning and Overlay Districts Page 32 of 72
1. Repeating distinctive window patterns at intervals less than the required interval;
2. Providing vertical building modulation. Minimum depth and width of modulation is
eighteen (18) inches and four (4) feet (respectively) if tied to a change in color or
building material and/or roofline modulation as defined in Roofline modulation of this
Section. Otherwise, minimum depth of modulation is ten (10) feet and minimum
width for each modulation is fifteen (15) feet. Balconies may not be used to meet
modulation option unless they are recessed or projected from the facade and
integrated with the building's architecture. For example, "cave" balconies or other
balconies that appear to be "tacked on" to the facade will not qualify for this option;
3. Change of roofline per Roofline modulation of this Section;
4. Providing horizontal modulation (upper level stepbacks). To qualify for this measure,
the minimum upper level stepback shall be at least five (5) feet and the treatment
shall be used consistently with other articulation elements or utilized along at least
fifty percent (50%) percent of the facade;
5. Articulating of the building's top, middle, and bottom. This includes a distinctive
ground floor or lower floor design, consistent articulation of middle floors, and a
distinctive roofline; or
6. Other methods that meet the purpose of the standards.
C. Base, Middle, and CapTop Massing Standards. In order to reduce the bulk appearance of
multi-story buildings and to maintain a pedestrian scale. The following standards shall be
met.
1. Base: Multi-story buildings with a ‘base’ ground level or single story shall orient for
pedestrian elements and scale. At least one of the following methods for base
massing standards shall apply:
a. Use of heavy materials on the ground floor such as brick, stone, or other different
materials than the middle level.
b. Multi-story buildings. Utilize a horizontal reveal line to denote the base between
the middle of the building.
c. Use of arcade, gallery or colonnade to accentuate the ground floor.
d. Utilize architectural detailing or fenestration (the arrangement of windows and
doors on the elevation of the building) to denote the ground floor.
2. Middle: The middle of a multi-story building is the less dominant part of the façade
but may consist of multiple levels and units. At least one of the following methods for
middle massing standards shall apply to multi-story projects in the any zone
permitting mixed use projects.
a. Use of stepback in massing or a minimum of five (5) feet from the ground floor
façade.
b. Utilize a change in material between the first and second floors.
c. Utilize a variation in window size between the ground floor and upper floors.
Upper floors are typically smaller window units scaled to residential units.
3. Top: At least one of the following methods for building cap massing standards shall
apply to multi-story projects in any zone permitting mixed use projects.
Part 15.400 Zoning and Overlay Districts Page 33 of 72
a. Use of a cornice (on flat roof buildings) or projecting roof lines for sloping roofs.
b. Utilize a reveal line or change in material, texture, pattering or color. Reveal lines
shall be a minimum of twenty-four (24”) from the top of the building.
D. Roofline Modulation. In order to qualify as a roofline modulation treatment in the
standards herein, rooflines shall be varied by emphasizing dormers, chimneys, stepped
roofs, gables, or a broken or articulated roofline consistent with the required articulation
interval. Modulation shall consist of either:
1. Flat Roof. For flat roofs or facades with horizontal eave, fascia, or parapet, the
minimum vertical dimension of roofline modulation is the greater of two feet or 0.1
multiplied by the wall height (finish grade to top of the wall) when combined with
vertical building modulation techniques described in this Section. Otherwise, the
minimum vertical dimension of roofline modulation is the greater of four (4) feet or
two-tenths (0.2) multiplied by the wall height;
2. Sloped Roof. A sloped or gabled roofline segment of at least twenty (20) feet in width
and a minimum slope of 6:12. The roofline must include modulated segments at no
more than the interval required per the applicable standard above; or
3. Combination. A combination of the above.
Roofline Modulation
E. Screening of Rooftop Mounted Mechanical Equipment.
Part 15.400 Zoning and Overlay Districts Page 34 of 72
1. Use of Parapet Walls or Other Integrated Roof Structures Required: Mechanical
equipment must be screened by extending parapet walls or other roof forms that are
integrated with the architecture of the building.
2. Painting rooftop equipment or erecting fences are not acceptable methods of
screening rooftop equipment.
Screening of Rooftop Mounted Mechanical Equipment
15.410.030 General Residential Performance Standards.
A. Roof construction shall be of nonreflective 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.
Part 15.400 Zoning and Overlay Districts Page 35 of 72
G. 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 Director.
H. 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.
Part 15.400 Zoning and Overlay Districts Page 36 of 72
Chapter 15.415
HOUSING TYPE STANDARDS
Sections:
15.415.010 Accessory Dwelling Units.
15.415.020 Cluster Development; Tiny Homes; and Cottages.
15.415.030 Manufactured Homes on Individual Lots.
15.415.040 Manufactured Home Parks.
15.415.050 Emergency and Transitional Housing – General Provisions.
15.415.060 Emergency and Transitional Housing – Application Requirements
15.415.070 Emergency and Transitional Housing – Design Standards and Approval Criteria
15.415.080 Emergency and Transitional Housing – Zoning Districts Where Allowed.
15.415.090 Micro (Tiny) Home Standards.
15.415.010 Accessory Dwelling Units.
A. Accessory Dwelling Units (ADUs). The City intends to promote and encourage the
creation of Accessory Dwelling Units, subject to the design and development standards
found herein, for the purposes of:
1. Providing homeowners with the opportunity and flexibility to establish separate living
quarters within or adjacent to their homes, whether for the purposes of caring for or
providing housing for family members, or for obtaining rental income to help meet
the rising costs of home ownership, or for any other legal purpose;
2. Increasing the range and availability of housing choices within the City;
3. Protecting neighborhood stability, property values, and the single-family residential
appearance of the neighborhood by ensuring that ADUs are installed in accordance
with the provisions of this Section; and
4. Otherwise comply with the requirements of RCW 36.70A and other applicable
portions of state law.
B. Where Allowed. The installation or construction of an ADU, subject to the specific design
and development standards found in this Chapter, shall be allowed in all residential zones.
ADUs shall be allowed as an accessory to any properly permitted principal unit.
C. Where Prohibited. ADUs are prohibited on any lot that has or will have a multifamily use.
ADUs are prohibited on any lot for which the primary use is commercial or industrial in
nature, except that living quarters or dwelling units used for on-site security personnel
may be allowed.
D. General Performance Standards Apply. All standards for the underlying zoning district,
including lot size, minimum setbacks, and overall building/lot coverage, as set forth in the
applicable Sections of MLUDC Part 15.400, shall be met with respect to the siting and
dimensions of ADUs, except that a detached ADU may be sited at the lot line if that lot
line abuts a public alley.
E. Administrative Review. An ADU permit application shall be processed as a Type I permit.
F. General Design Standards. The ADU shall be designed and constructed to maintain the
appearance of the principal unit, including exterior finish materials, trim, roof pitch,
window design, and color. Any and all requirements, limits, restrictions, or design criteria
that apply to the principal unit shall also apply to the ADUs and their placement.
Part 15.400 Zoning and Overlay Districts Page 37 of 72
G. Number Allow Per Lot. No more than two (2) ADUs shall be permitted in conjunction with
the principal unit on a single lot of record, provided that adequate provisions for water
and sewage are met, and all other applicable criteria, standards, and code requirements
can be satisfied.
H. Allowable Size. An ADU shall have a gross floor area that is no less than three hundred
(300) square feet and no greater than one thousand (1,000) square feet max.
I. Permitted Height. An ADU shall have a maximum roof height limit of twenty-four (24)
feet. Except that an ADU to be constructed above an existing structure, including garages,
may have a maximum roof height limit of thirty-two (32) feet. If an existing structure is
itself being converted to an ADU, then the twenty-four (24) foot limit applies.
J. Conversion of Existing Legally Established Structures Allowed. An existing structure,
including detached garages, may be converted to an ADU. Such a conversion is allowed
even if the existing structure violates current code requirements for setbacks or lot
coverage. All other requirements, including those for building code compliance, and any
other provisions for health and safety shall apply.
K. Parking Requirements. One (1) off-street parking space shall be provided for each ADU.
L. Home Occupations. Home businesses or other home occupations shall comply with
criteria the same as allowed for the primary residence and adopted standards.
M. Short Term Rentals. Short Term Rentals of ADUs are prohibited.
N. Overriding State and Local Laws. This Chapter does not supersede or override other
applicable local and state laws designed to protect critical areas or their buffers,
environmentally sensitive areas, natural resources, nor any other duly applicable law or
regulation designed for the general health and safety of the public.
Attached Accessory Dwelling Unit
Part 15.400 Zoning and Overlay Districts Page 38 of 72
Detached Accessory Dwelling Unit
15.415.020 Cluster Development; Tiny Homes; and Cottages.
A. In General. Cluster development may consist of tiny homes, cottage style housing, or
other similar co-housing clusters that consist of a mixture of smaller units fixed on a single
parcel of development. The purpose of this development type is to have the housing types
arranged in clusters of typically (3) to (12) units around a green space. These
developments are meant to allow for flexibility and uniqueness in design.
B. Dimensional Standards. Table Tiny Home, Cottage, and Co-Housing Cluster Lot and
Building Standards illustrates the dimensional standards and Figure - illustrative Cottage
Housing Development Massing, illustrates an example for a housing cluster development.
C. Screening Requirements. In order to be compatible in character with single-family houses
in the R-1 and R-2 zones, boundaries between Cluster Developments and adjacent
residential zoned properties shall be screened with landscaping or architectural
treatments to reduce the appearance of bulk or intrusion onto adjacent residential
properties.
D. Homeowners’ Association. If the Cluster Development is a condominium, a homeowner’s
association is required to be created for the purpose of regulating and providing for the
use and maintenance of common areas, buildings, and similar shared improvements or
features. Covenants reflecting such use and maintenance requirements shall be recorded
with the Grant County Auditor.
Table 15.415.020 – Tiny Home, Cottage, and Co-Housing Cluster Lot and Building Standards
Minimum Maximum
Housing
Type
Lot
Area1
Lot
Width2
Front
Setback3
Side
Setback 3
Street
Setback3
Rear
Setback3
Building
Spacing4
Building
Height
Open
Space
Tiny
Home5 NA NA 15 ft 10 ft 10 ft 15 ft 15 ft front
to front and
10 ft all
other sides
20 ft
40% Cottages6 NA NA 15 ft 10 ft 10 ft 15 ft 25 ft
Common
Building NA NA 15 ft 10 ft 10 ft 15 ft 30 ft
Notes:
1. Minimum area of subject property in which cluster development is proposed.
Part 15.400 Zoning and Overlay Districts Page 39 of 72
2. Minimum width of subject property for cluster development being proposed. If more than one
housing type is proposed in the cluster development, the largest minimum width applies.
3. Setback is for the development as a whole, relating to adjoining properties.
4. Refers to spacing for buildings within the cluster development.
5. Building footprint of 400 sf. or less
6. Building footprint of 900 sf. or less
Cluster Housing Developments
15.415.030 Manufactured Homes on Individual Lots.
A. In General. Pursuant to the requirements of RCW 35.21.684, the City does not
discriminate against consumers’ choices in the placement or use of a manufactured home
in such a manner that is not equally applicable to all types of homes. MLUDC 15.415.415
applies only to manufactured housing units placed on individual lots. Any terms used in
this Section follow those definitions as found in RCW 35.63.160 and RCW 59.20.400
B. Where Allowed. Manufactured homes are allowed in all zones where a single-family
dwelling is a permitted use, subject to the development standards found in MLUDC
15.415.40.C below.
C. Standards. Homes built to 42 U.S.C. §5401-5403 standards (and as amended) are
regulated for the purposes of siting in the same manner as site-built homes, factory-built
homes, or homes built to any other state construction or local design standard. In
Part 15.400 Zoning and Overlay Districts Page 40 of 72
addition, the following standards shall apply to all manufactured homes to be placed on
an individual residential lot:
1. Be a new manufactured home;
2. Be set upon a permanent foundation, as specified by the manufacturer, and that the
space from the bottom of the home to the ground be enclosed by concrete or an
approved concrete product which can be either load bearing or decorative;
3. Comply with all local design standards applicable to all other homes within the
neighborhood in which the manufactured home is to be located;
4. Be thermally equivalent to the state energy code; and
5. Otherwise meet all other requirements for a designated manufactured home as
defined in RCW 35.63.160, currently listed as follows:
a. Is comprised of at least two (2) fully enclosed parallel sections each of not less
than twelve feet wide by thirty-six (36) feet long;
b. Was originally constructed with and now has a composition or wood shake or
shingle, coated metal, or similar roof of nominal 3:12 pitch; and
c. Has exterior siding similar in appearance to siding materials commonly used on
conventional site-built uniform building code single-family residences.
D. Fire and Safety. Notwithstanding foregoing subsections D and E, the City may restrict the
location of a manufactured home in manufactured home communities for any other
reason including, but not limited to, failure to comply with fire, safety, or other local
ordinances or state laws related to manufactured homes.
E. Restrictions Preserved. MLUDC Chapter 15.415does not override any legally recorded
covenants or deed restrictions of record.
F. State Jurisdiction Preserved. MLUDC Chapter 15.415 does not affect the authority
granted to the Department of Labor and Industries under Chapter 43.22 RCW.
G. Recreational Vehicles and Tiny Homes. In general, recreational vehicles and tiny homes
are not allowed as a matter of right in the same way that manufactured homes are under
this Section.
15.415.040 Manufactured Home Parks.
A. In General. Manufactured Home Parks are permitted in the R-2 and R-3 zones as a
conditional use and are further subject to the standards of this Section.
B. Density. Manufactured Home Park density shall be consistent with the underlying zoning
classification.
C. Sales Prohibited. 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. No space
shall be rented or leased within a manufactured home park except for a manufactured
home unit or an RV or tiny home subject to the requirements of subsection D.
D. Recreational Vehicles and Tiny Homes. Recreational vehicles or tiny houses with wheels,
as defined in RCW 35.21.686, are permitted primary residences in manufactured home
parks, PROVIDED:
1. There are no conflicting fire, safety, or other regulations related to recreational
vehicles;
Part 15.400 Zoning and Overlay Districts Page 41 of 72
2. Utility hookups in the manufactured home community meet state and federal
building code standards for manufactured home parks; AND
3. One of the following two criteria are met:
a. The recreational vehicle or tiny house with wheels, as defined in RCW 35.21.686,
contains at least one internal toilet and at least one internal shower; or
b. The manufactured home community provides toilets and showers.
E. Open Space. A Manufactured Home Park shall provide at least ten percent (10%) of the
gross site area for open space or recreational areas available for use by all residents.
Internal roads, parking, driveways, setback areas, or other areas less than five thousand
square feet do not count as required open space.
F. Accessory Uses. A Manufactured Home Park may include accessory uses and buildings:
1. Recreational facilities located within the manufactured home park and intended
solely for the use of the residents or the residents’ guests.
2. Bulk storage areas for materials and equipment owned by residents and located
within the manufactured home park and limited to use by the residents. A minimum
of three hundred (300) square feet 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.
3. Satellite receiving antennas shall be sited in compliance with the setback and
separation standards of this Chapter.
G. Frontage Required. Each manufactured home space shall have direct frontage on a public
or private street.
H. Lot and Building Standards. The lot and building standards for manufactured homes are
set out in Table 15.415.040. The standards of this Subsection apply to manufactured
homes that are located in new manufactured home communities or expanded areas of
existing manufactured home parks.
Table 15.415.040 – Manufactured Home Parks Minimum Setbacks
Minimum Setback from the Lines of Individual Park Spaces (in Feet)
Structure Front Yard Side Yard Rear Yard
Manufactured
Home 10 10 10
Patio covers,
decks, landings,
awnings, etc.,
5 5 5
Carports 5 5 5
1. Existing Parks. In existing manufactured home parks, manufactured homes may be
placed on existing lots or spaces that do not comply with this Section, provided that
they are spaced a minimum of ten (10) feet from the boundary lines of the
manufactured home park.
Part 15.400 Zoning and Overlay Districts Page 42 of 72
2. Manufactured home parks shall be established pursuant to the provisions of this
Chapter and MLUDC Chapter 15.330.
3. 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.
4. 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.
5. 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.
6. All manufactured homes shall have compatible foundation fascia of fire and weather
resistant material, which must be continually maintained.
7. 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.
8. 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 Department. All manufactured homes
shall be set up in accordance with the manufacturer’s specifications and as required
by the Building Official in accordance with any applicable federal, state, or local
regulations.
H. Screening. The manufactured home park shall be enclosed on all sides with a permanently
maintained sight obscuring fence, wall, berm, or combination thereof, that is six (6) feet
in height and tapering to a maximum of four (4) feet in height at the park entrances as
approved by the City Engineer to ensure adequate sight distance.
I. Pedestrian Facilities. 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. There must be
vehicular and pedestrian access from a dedicated and improved public street(s) to the
manufactured home park.
J. Landscaping and Buffers. Landscaping shall comply with MLUDC Chapter 15.720.
K. Signs. Signs identifying the manufactured home park shall comply with MLUDC Chapter
15.735.
L. Occupant Parking. There shall be provided and maintained on each manufactured home
space at least two (2) parking spaces. Each parking space shall have a minimum width of
nine feet (9') and minimum length of twenty feet (20').
M. Guest Parking. In addition to occupant parking, guest parking shall be provided within the
manufactured home park at a ratio of not less than one-quarter (0.25) parking space 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.
Part 15.400 Zoning and Overlay Districts Page 43 of 72
N. Streets.
1. All interior roads for manufactured home parks shall be private roads. All private
roads shall be designed and maintained to carry emergency vehicles.
2. Private road access to the manufactured home park shall be consistent with the
existing pattern of vehicular movement and parking on public streets.
3. Public streets shall be constructed to City design standards current at the time of
construction.
4. Vehicular movement, parking, and private streets shall be in compliance with the
approved binding site plan and conditional use permit.
5. Private roads and parking lanes shall have hard surface depths as proposed by a
licensed engineer and approved by the City Engineer.
6. Park roads and parking lanes shall have widths as follows:
a. One (1) way roads shall be a minimum of twenty-two feet (22') in width.
b. Two (2) way roads shall be a minimum of thirty feet (30') in width.
c. Parking lanes shall be a minimum of ten feet (10') in width.
7. Parking lanes shall be hard surfaced.
8. A cul-de-sac turnaround shall meet City standards.
O. Existing Communities. For manufactured home communities that were legally in
existence before June 12, 2008, nothing in this Section should be construed to restrict the
location of manufactured homes therein based exclusively on the age or dimensions of
the manufactured home.
P. Existing Lots. Nothing in this Section should be construed to prohibit the siting of a
manufactured home on an existing lot based solely on lack of compliance with existing
separation and setback requirements that regulate the distance between homes.
15.415.050 Emergency and Transitional Housing – General Provisions.
A. Purpose and Intent. The purpose of MLUDC 15.415.050-.080 is to allow and establish a
review and permitting process for the location, siting, and indoor operation of emergency
shelters, emergency housing, transitional housing, permanent supportive housing and
transitional parking. In accordance RCW 35A.21.430, these regulations are intended to
protect public health and safety by requiring safe operations of these uses for both the
residents and the broader community.
B. Applicability. MLUDC 15.415.050-.080 and these requirements apply to all proposals for
a new or expanding emergency shelter, emergency housing, transitional housing,
permanent supportive housing, or transitional parking, including modifications to such
uses.
C. Permit Type. An application for a listed use under MLUDC 15.415.050-.080 is classified as
a Type II permit. See MLUDC Chapter 15.205.
D. Authority to Impose Conditions. In addition to the Type II permit process and the
additional standards listed in MLUDC 15.415.050-.080, the Director or their designee shall
have the authority to impose specific conditions on the approval of the permit. These
conditions may be imposed to:
1. Minimize nuisance-generating features such as noise, waste, air quality, traffic,
physical hazards, and other similar impact; and
2. Mitigate potentially adverse operational characteristics, including, but not limited to,
direct intake of residents on site, daily check-in of residents to secure a bed, lack of
Part 15.400 Zoning and Overlay Districts Page 44 of 72
resident enrollment in a program operated by the on-site agency, or lack of available
intensive case management for residents on site.
D. Temporary Emergency Shelters. The Director may authorize the operation of a
temporary emergency shelter for up to thirty (30) calendar days in situations where an
immediate life, health, or safety concern exists due to unanticipated or severe
environmental conditions. The Director may authorize an extension to the thirty (30)
calendar days for a specified period, if the City Council has adopted a resolution pursuant
to Chapter 38.52 RCW declaring that the conditions which gave rise to the operation of
the temporary emergency shelter continue in effect, and constitute a threat to the life,
health, and safety of the residents of the City. Temporary emergency shelters authorized
by this Section are not subject to the requirements of MLUDC 15.415.060-.080.
15.415.060 Emergency and Transitional Housing – Application Requirements
A. Forms, Submission, and Fees. An application for emergency shelter, emergency housing,
transitional housing, permanent supportive housing, or transitional parking must comply
with the following requirements and include the following items in order to be accepted
as Counter-Complete and initiate the review process:
1. Applications must be submitted on forms provided by the City, and only on those
approved forms that are in use at the time of submittal.
2. Applications shall be signed by all property owners of record. Applications shall also
be signed by an official representative of any organization that will be responsible for
the oversight and administration of the facility, if applicable.
3. A non-refundable fee per the current fee schedule or adopted fee resolution that is
in place at the time of submission.
4. Applications may be submitted digitally but shall always include a number of printed
copies in a quantity to be determined by the Department.
B. Information Required. All applications for emergency shelter, emergency housing,
transitional housing, permanent supportive housing, or transitional parking shall contain
the following information:
1. Identification of sponsors and/or managing agencies, including, but not limited to:
a. Identification of experience providing similar services to people experiencing
homelessness.
b. Certifications or academic credentials in an applicable human service field and/or
applicable experience in a related program with people experiencing
homelessness.
2. An operations plan that addresses the following elements:
a. Key staff positions and their roles and responsibilities.
b. Site/facility management plan, including a security and emergency plan, and a
plan for managing individuals excluded from accessing the proposed facility that
specifically addresses loitering and trespassing. Security cameras shall be
provided to monitor parking areas.
c. Site/facility maintenance plan, including, at a minimum, regular trash patrol in
the immediate vicinity of the site.
Part 15.400 Zoning and Overlay Districts Page 45 of 72
d. Occupancy policies, including resident responsibilities and a code of conduct that
includes, at a minimum, a plan that addresses threatening or unsafe behavior,
substance use, safety, and cleanliness.
e. Provision of human and social services, including a staffing plan and outcome
measures.
f. Outreach with surrounding property owners and residents that includes at a
minimum the following:
i. A description of how the proposed facility will serve the population that will
be accommodated by the use;
ii. Identification of a phone number and point of contact at the site of the
proposed facility for the community to report concerns;
iii. A plan for addressing reported concerns and documenting resolution, and
making this information publicly available; and
iv. Notice to all property owners of the proposed site within five (hundred) feet
of the facility.
v. Procedures for maintaining accurate and complete records and how
confidentiality will be maintained; and
vi. For those providers that operate emergency shelters or emergency housing,
a coordination plan to accommodate space is available for people
experiencing homelessness in the City.
3. A map showing transit, pedestrian, and bicycle access from the subject site to services
and schools.
4. Emergency shelters and emergency housing providers shall provide an interior space
plan identifying all functions associated with the facility, including adequate waiting
space. All functions must take place within a building or facility.
5. A parking plan that addresses the parking needs of the use based on the population
served and projected needs. Parking shall be provided on site unless it can be
provided for consistent with adopted parking standards. The plan shall include
security cameras and areas to be observed by the cameras.
6. An exterior lighting plan for the parking area in compliance with adopted lighting
standards.
7. Additional materials required for transitional parking uses include:
a. A site plan that indicates the facility parking and the parking area provided for the
transitional parking;
b. The operations plan shall specify how waste and restroom access will be
provided. Restroom access may be provided either in the building or in portable
facilities;
c. The operations plan shall specify if the site is available for overnight parking use
only, or available for parking during the daytime and overnight; and
d. A signed agreement between the organization and the managing agency, if
applicable.
15.415.070 Emergency and Transitional Housing – Design Standards and Approval Criteria
A. Underlying Standards Apply. An application for emergency shelter, emergency housing,
transitional housing, permanent supportive housing, or transitional parking shall be
Part 15.400 Zoning and Overlay Districts Page 46 of 72
subject to all locally applicable land use, development, zoning, and building regulations
requirements.
B. Additional Standards. In addition to the requirements, an application for emergency
shelter, emergency housing, transitional housing, permanent supportive housing, or
transitional parking shall be subject to the following standards:
1. In the C-1, C-1A, and C-2 zones, emergency shelters, emergency housing, transitional
housing sites, permanent supportive housing sites and transitional parking sites shall
be limited to no more than twenty (20) individuals being served. In the R-1, R-2, and
R-3 zones, transitional housing and permanent supportive housing shall be limited to
no more than ten (10) adults per dwelling unit, not including children under the age
of eighteen (18).
2. Emergency shelters, emergency housing, permanent supportive housing and
transitional parking shall be located a minimum of one mile apart measured from the
nearest property line of any other use regulated by MLUDC 15.415.050-.080.
Transitional housing shall not be subject to any spacing requirements.
3. All residents, staff, and operators shall comply with all Grant County Health District
requirements related to food preparation, service, and donations.
4. Trash receptacles shall be provided in multiple locations throughout the facility and
site. Managing parties shall contract with the applicable trash service provider for the
duration of the use.
5. The number of parking spaces shall be required based on the population served and
the projected needs of the emergency shelter, emergency housing, transitional
housing, or permanent supportive housing facility as outlined in the parking plan and
subject to review and approval of the City. Spaces shall be provided at a minimum,
and may increase at the discretion of the City after review of the parking plan as
follows:
a. One (1) space for the maximum number of staff on duty throughout each day;
and
b. Five (5) spaces for transitional housing and permanent supportive housing in
residential zones; or
c. Ten (10) spaces for emergency shelters, emergency housing, transitional housing
and permanent supportive housing in nonresidential zones;
d. Transitional parking uses do not need to provide additional parking in non-
residential zones;
e. Off-street parking shall comply with all other requirements of MLUDC Chapter
15.715 including, but not limited to, paving, drainage, location, dimensions, and
design standards.
6. On-site supervision shall be provided at all times, unless it can be demonstrated
through the operations plan that this level of supervision is not warranted for the
population being served.
7. No children under the age of eighteen (18) are allowed to stay overnight in emergency
shelters, emergency housing, transitional housing, permanent supportive housing or
transitional parking sites unless accompanied by a parent or guardian, or unless the
facility is licensed to provide services to youth. If a child under the age of eighteen
(18) without a parent or guardian present attempts to stay in a facility not specifically
Part 15.400 Zoning and Overlay Districts Page 47 of 72
licensed for providing housing to youth, the sponsor and/or managing agency shall
immediately contact Child Protective Services and actively endeavor to find
alternative housing for the child.
8. The sponsor and/or managing agency shall designate points of contact and provide
24-hour accessible phone contact information to the patrol operations commander
for the Moses Lake Police Department (MLPD). The names of the on-duty points of
contact shall be posted on site daily, and their contact information shall be provided
to the MLPD.
9. Transitional parking programs are subject to the following additional requirements:
a. Restroom access either within the buildings on the property or through use of
portable facilities. Restrooms shall include handwashing stations or facilities in an
adequate number as determined by the City. Restroom and handwashing station
access shall be available at all hours of the day and night.
b. Organizations providing transitional parking spaces must continue to abide by the
parking requirements so that the provision of transitional parking spaces does not
reduce the total number of available parking spaces required for the primary use.
c. Recreational vehicles shall be allowed on a temporary basis less than fourteen
(14) consecutive calendar days.
15.415.080 Emergency and Transitional Housing – Zoning Districts Where Allowed.
Table 15.415.080 – Emergency and Transitional Housing – Permitted Zoning Districts
Land Use
Zones
Residential
Commercial and
Mixed Use Industrial Public
R-1 R-2 R-3 C-1 C-1A C-2 L-I H-I P
Emergency Shelter P P P
Emergency Housing P P P
Transitional Housing P P P P P P
Permanent Supportive Housing P P P P P P
Transitional Parking P P P
15.415.090 Micro (Tiny) Home Standards.
A. Density.
Table 15.415.090 – Residential Zone Density for Micro (Tiny) Homes
Zone Standards
R-1 2 units per lot
R-2 (min) 3+ units
R-3 (min) 4+ units
B. Building Regulations. All units shall include the following:
1. Shall be supported and anchored to a permanent foundation.
2. Permanent provisions for living, sleeping, eating, kitchen, and sanitation (water
closet, lavatory, and a bathtub or shower).
3. Habitable rooms shall meet minimum dimensional requirements including: a floor
area of not less than seventy (70) square feet, seven (7) foot clear horizontal
Part 15.400 Zoning and Overlay Districts Page 48 of 72
dimension in any direction, and a ceiling height of not less than seven (7) feet (the
height can be reduced in rooms and in areas with sloped ceilings).
4. Fire code requirements may require fire sprinklers on a case-by-case basis.
5. Units shall utilize potable water and wastewater systems in accordance with City
regulations and Health District regulations.
C. Micro (Tiny) Homes as an Accessory Dwelling Unit (ADU). Micro (Tiny) Homes utilized as
an Accessory Dwelling unit shall comply with MLUDC 15.415.010.
Part 15.400 Zoning and Overlay Districts Page 49 of 72
Chapter 15.420
NONRESIDENTIAL AND MIXED-USE DISTRICT STANDARDS
Sections:
15.420.010 Compliance with Standards.
15.420.015 Design Standards and Guidelines Adopted by Reference.
15.420.020 Commercial and Mixed Use Design Standards.
15.420.020 Commercial Design Standards.
15.420.030 Industrial Design Standards.
15.420.040 Live Work.
15.420.010 Compliance with Standards. All nonresidential development shall comply with the design
standards and guidelines applicable to the type of use or the district in which the proposed
development is located. The Director, or other decision maker so specified, shall have the
authority to apply the standards to specific development proposals as conditions of approval.
The nonresidential district provisions in this Part generally apply to all commercial, mixed use,
and industrial development within the City. These standards are intended to supplement
other provisions of the MLUDC and other existing City codes applicable to developments.
Where there is a conflict between the provisions of this Chapter and other codes, the most
stringent shall apply.
15.420.015 Design Standards and Guidelines Adopted by Reference.
A. Standards Adopted by Reference. This Chapter recognizes and incorporates the standard
details for construction of public improvements, as it exists now or as it may hereafter be
amended. The City Council has established by resolution the standard details for
construction of public improvements, and other matters pertaining to this Chapter. The
standard details for construction of public improvements shall be kept by the City
Engineer or the City Clerk and may be altered or amended by resolution of the City
Council. Where conflicts or inconsistencies arise between the standard details for
construction as approved by resolution of the City Council and those in other titles, the
standard details for construction as approved by resolution of the City Council supersede
those in other titles.
B. Standards Adopted by Reference Minimum. The standards and requirements
established or referenced by this Chapter are minimum requirements. These standards
may be increased and additional requirements may be imposed for the purpose of
mitigating identified probable significant adverse environmental impacts pursuant to the
State Environmental Policy Act, Chapter 43.21C RCW, as now established or hereafter
amended. Such additional requirements may include, but shall not be limited to, off-site
improvements to any public facility, the dedication or improvement of parks and open
spaces, and monetary contributions to any City fund established to finance the provision
of public services.
Part 15.400 Zoning and Overlay Districts Page 50 of 72
15.420.020 Commercial and Mixed Use Design Standards.
A. In General. Commercial projects shall comply with the applicable sections of the City of
Moses Lake Design Standards and Guidelines which are adopted by this reference as if
fully set forth herein.
B. Building Orientation.
1. Buildings shall be oriented towards the street or lake, not towards the alley or parking
area.
2. Pedestrian entrances shall provide access to the public sidewalk. Access shall be
visible and include distinct features.
3. Where parcels have multiple frontages, buildings shall be designed with architectural
treatment visible from public right of way.
C. Blank Wall Treatment. A wall (including building facades and retaining walls) is
considered a blank wall if:
1. A ground floor wall or portion of a ground floor wall over six (6) feet in height has a
horizontal length greater than fifteen (15) feet and does not include a transparent
window or door; or
2. Any portion of a ground floor wall having a surface area of four hundred (400) square
feet or greater does not include a transparent window or door.
D. Building Articulation. All other buildings featuring nonresidential uses on the ground
floor shall include at least three of the following articulation features along all facades
facing a street and containing the customer building entries (alley facades are exempt) at
intervals of no more than sixty (60) feet.
1. Providing vertical building modulation of at least two (2) feet in depth and four (4)
feet in width if combined with a change in siding materials or roofline modulation per
Roofline modulation of this Section. Otherwise, the vertical modulation shall be at
least ten (10) feet deep and fifteen (15) feet wide to qualify;
2. Providing horizontal modulation (upper level stepbacks). To qualify for this measure,
the minimum upper level stepback shall be at least five (5) feet and the treatment
shall be used consistently with other articulation elements or utilized along at least
seventy-five percent (75%) of the facade;
3. Repeating distinctive window patterns at intervals less than the articulation interval;
4. Providing a covered entry or separate weather protection feature for each
articulation interval;
Part 15.400 Zoning and Overlay Districts Page 51 of 72
5. Use of vertical piers that reinforce storefront pattern. To qualify for this measure, the
piers must project at least two inches from the facade and extend from the ground
to the roofline;
6. Change of roofline per Roofline modulation of this Section;
7. Changing materials or color with a change in building plane;
8. Providing lighting fixtures, trellis, tree, or other landscape feature within each
interval; or
9. Other methods that meet the purpose of the standards.
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E. Base, Middle, and Cap Massing Standards. In order to reduce the bulk appearance of
multi-story buildings and to maintain a pedestrian scale. The following standards shall be
met.
1. Base. Multi-story buildings with a ‘base’ ground level or single story shall orient for
pedestrian elements and scale. At least one of the following methods for base
massing standards shall apply:
a. Use of heavy materials on the ground floor such as brick, stone, or other different
materials than the middle level.
b. Multi-story buildings. Utilize a horizontal reveal line to denote the base between
the middle of the building.
c. Use of arcade, gallery, or colonnade to accentuate the ground floor.
d. Utilize architectural detailing or fenestration (the arrangement of windows and
doors on the elevation of the building) to denote the ground floor.
2. Middle. The middle of a multi-story building is the less dominant part of the façade
but may consist of multiple levels and units. At least one of the following methods for
middle massing standards shall apply to multi-story projects in the any zone
permitting mixed use projects.
a. Use of stepback in massing or a minimum of five (5) feet from the ground floor
façade.
b. Utilize a change in material between the first and second floors.
c. Utilize a variation in window size between the ground floor and upper floors.
Upper floors are typically smaller window units scaled to residential units.
3. Top. At least one of the following methods for building cap massing standards shall
apply to multi-story projects in any zone permitting mixed use projects.
a. Use of a cornice (on flat roof buildings) or projecting roof lines for sloping roofs.
b. Utilize a reveal line or change in material, texture, pattering or color. Reveal lines
shall be a minimum of twenty-four inches (24”) from the top of the building.
F. Roofline Modulation. In order to qualify as a roofline modulation treatment in the
standards herein, rooflines shall be varied by emphasizing dormers, chimneys, stepped
roofs, gables, or a broken or articulated roofline consistent with the required articulation
interval. Modulation shall consist of either:
1. Flat Roof. For flat roofs or facades with horizontal eave, fascia, or parapet, the
minimum vertical dimension of roofline modulation is the greater of two (2) feet or
one-tenth (0.1) multiplied by the wall height (finish grade to top of the wall) when
combined with vertical building modulation techniques described in subsection (C)(1)
of this Section. Otherwise, the minimum vertical dimension of roofline modulation is
the greater of four (4) feet or two-tents (0.2) multiplied by the wall height;
2. Pitched or Sloped Roof. A sloped or gabled roofline segment of at least twenty (20)
feet in width and include varied slopes. The roofline must include modulated
segments at no more than the interval required per the applicable standard above;
or
3. Combination. A combination of the above.
G. Screening of Rooftop Mounted Mechanical Equipment.
Part 15.400 Zoning and Overlay Districts Page 56 of 72
1. Use of Parapet Walls or Other Integrated Roof Structures Required. Mechanical
equipment must be screened by extending parapet walls or other roof forms that are
integrated with the architecture of the building.
2. Painting rooftop equipment or erecting fences are not acceptable methods of
screening rooftop equipment.
H. General Provisions.
1. Plaza or courtyard materials can be used to create a community space, through the
use of color and scoring as patterns in the hardscape. Landscape creates diversity,
provides color and softens the building and hardscape environment, while benches
or seating areas, play areas and public art help residents and visitors enjoy the space
and environment, making it a place where people want to visit, shop, live and
recreate.
2. Awnings, Sunshades and Canopies. Weather protection is required for pedestrian
street frontages with ground floor commercial. The minimum width of such elements
shall be four (4) feet. Minimum height is eight (8) feet, maximum height is twelve (12)
feet. Awnings with painted signs are permitted; Lighting is permissible under the
awning, but it must attached to the building.
3. Front Porches. Front porches, stoops, bay windows, and dormers are required on
buildings which contain residential dwellings.
4. Street Furniture. Where needed public seating, trash receptacles and informational
directional kiosks shall be of uniform design and be provided throughout the
development.
5. Exterior Lighting. Pedestrian areas need to be well-marked and well-lit. Exterior
lighting shall be an integral part of the architecture and landscape design. Street
lighting shall relate in scale to the pedestrian character of the area. Pedestrian lighting
shall be provided at a pedestrian scale of three to twelve feet, with the source light
being shielded to reduce glare. Overall, lighting, and pedestrian zone lighting is
needed but shall not create glare or light spillage off site or beyond parking lots and
streets.
I. Ground Floor Windows in Commercial Zoning Districts.
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 (1/2)
the general standard. The general standard shall be met on the street that has the
highest classification on the Comprehensive Plan’s Existing Arterial Function
Classification and Street Plan, Map TE-1 or its successor. If the streets have the same
classification, the Applicant may choose on which street to meet the general
standard.
2. General Standard. The windows shall be at least forty percent (40%) of the length and
twenty percent (20%) of the ground level wall area. Ground level wall area includes
all exterior walls up to nine feet (9') above finished grade. The requirement does not
apply to walls of residential units or to parking structures when set back at least five
feet (5') and landscaped consistent with MLUDC Chapter 15.720.
Part 15.400 Zoning and Overlay Districts Page 57 of 72
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 request will be a Type I decision. In approving the alteration request,
the Director shall make the following findings:
1. The alteration would be in keeping with and preserve the intent of the zone; and
2. The alteration would not be contrary to the public interest.
15.420.020 Commercial Design Standards.
A. In General. Commercial projects shall comply with the applicable sections of the City of
Moses Lake Design Standards and Guidelines which are adopted by this reference as if
fully set forth herein.
B. Building Orientation.
1. Buildings shall be oriented towards the street, not towards the alley or parking area.
2. Pedestrian entrances shall provide direct access to the public sidewalk.
3. Where parcels have multiple frontages, buildings shall be designed with orientation
towards both streets as much as feasible.
C. Blank Wall Treatment. A wall (including building facades and retaining walls) is
considered a blank wall if:
1. A ground floor wall or portion of a ground floor wall over six (6) feet in height has a
horizontal length greater than fifteen (15) feet and does not include a transparent
window or door; or
2. Any portion of a ground floor wall having a surface area of four hundred (400) square
feet or greater does not include a transparent window or door.
D. Building Articulation. All other buildings featuring nonresidential uses on the ground
floor shall include at least three (3) of the following articulation features along all facades
facing a street and containing the customer building entries (alley facades are exempt) at
intervals of no more than sixty (60) feet.
1. Providing vertical building modulation of at least two (2) feet in depth and four (4)
feet in width if combined with a change in siding materials and/or roofline modulation
per Roofline modulation of this Section. Otherwise, the vertical modulation shall be
at least ten (10) feet deep and fifteen (15) feet wide to qualify;
2. Providing horizontal modulation (upper level stepbacks). To qualify for this measure,
the minimum upper level stepback shall be at least five (5) feet and the treatment
shall be used consistently with other articulation elements or utilized along at least
seventy-five percent (75%) of the facade;
3. Repeating distinctive window patterns at intervals less than the articulation interval;
Part 15.400 Zoning and Overlay Districts Page 58 of 72
4. Providing a covered entry or separate weather protection feature for each
articulation interval;
5. Use of vertical piers that reinforce storefront pattern. To qualify for this measure, the
piers must project at least two (2) inches from the facade and extend from the ground
to the roofline;
6. Change of roofline per Roofline modulation of this Section;
7. Changing materials or color with a change in building plane;
8. Providing lighting fixtures, trellis, tree, or other landscape feature within each
interval; or
9. Other methods that meet the purpose of the standards.
D. Base, Middle and Cap Massing Standards. In order to reduce the bulk appearance of
multi-story buildings and to maintain a pedestrian scale. The following standards shall be
met.
1. Base. Multi-story buildings with a ‘base’ ground level or single story shall orient for
pedestrian elements and scale. At least one of the following methods for base
massing standards shall apply:
a. Use of heavy materials on the ground floor such as brick, stone, or other different
materials than the middle level.
b. Multi-story buildings. Utilize a horizontal reveal line to denote the base between
the middle of the building.
c. Use of arcade, gallery, or colonnade to accentuate the ground floor.
d. Utilize architectural detailing or fenestration (the arrangement of windows and
doors on the elevation of the building) to denote the ground floor.
2. Middle. The middle of a multi-story building is the less dominant part of the façade
but may consist of multiple levels and units. At least one of the following methods for
middle massing standards shall apply to multi-story projects in the any zone
permitting mixed use projects.
a. Use of stepback in massing or a minimum of five (5) feet from the ground floor
façade.
b. Utilize a change in material between the first and second floors.
c. Utilize a variation in window size between the ground floor and upper floors.
Upper floors are typically smaller window units scaled to residential units.
3. Top. At least one of the following methods for building cap massing standards shall
apply to multi-story projects in any zone permitting mixed use projects.
a. Use of a cornice (on flat roof buildings) or projecting roof lines for sloping roofs.
b. Utilize a reveal line or change in material, texture, pattering or color. Reveal lines
shall be a minimum of twenty-four inches (24”) from the top of the building.
E. Roofline Modulation. In order to qualify as a roofline modulation treatment in the
standards herein, rooflines shall be varied by emphasizing dormers, chimneys, stepped
roofs, gables, or a broken or articulated roofline consistent with the required articulation
interval. Modulation shall consist of either:
1. Flat Roof. For flat roofs or facades with horizontal eave, fascia, or parapet, the
minimum vertical dimension of roofline modulation is the greater of two (2) feet or
one-tenth (0.1) multiplied by the wall height (finish grade to top of the wall) when
combined with vertical building modulation techniques described in subsection (C)(1)
Part 15.400 Zoning and Overlay Districts Page 59 of 72
of this Section. Otherwise, the minimum vertical dimension of roofline modulation is
the greater of four (4) feet or two-tents (0.2) multiplied by the wall height;
2. Sloped Roof. A sloped or gabled roofline segment of at least twenty feet in width and
a minimum slope of 6:12. The roofline must include modulated segments at no more
than the interval required per the applicable standard above; or
3. Combination. A combination of the above.
F. Screening of Rooftop Mounted Mechanical Equipment.
1. Use of Parapet Walls or Other Integrated Roof Structures Required. Mechanical
equipment must be screened by extending parapet walls or other roof forms that are
integrated with the architecture of the building.
2. Painting rooftop equipment or erecting fences are not acceptable methods of
screening rooftop equipment.
15.420.030 Industrial Design Standards.
A. In General. Screen outdoor storage with building materials consistent with the
architectural character of the main building. Materials such as sheet metal used as a
screening material is not permitted.
B. Trash. Trash enclosures will be constructed of sturdy, durable, opaque materials (with
trash receptacles screened from view).
15.420.040 Live Work.
A. Decision Type. Live-work units may be established through the conversion of existing
buildings or by new construction with a Type II process.
B. Prohibitions. No work activity shall be permitted nor shall any live-work unit be
established on any site that contains the potential to adversely affect others living or
working in or nearby the live-work development by reason of dust, glare, heat, noise,
noxious gases, odor, smoke, traffic, vibration or other impacts, or would be hazardous by
way of materials, process, product or wastes. The following are prohibited within or a part
of live work units: automobile/vehicle sales and services, bars/lounges/night clubs, adult
businesses, animal sales and services, liquor stores, funeral parlors and mortuaries,
outdoor storage as a primary use, and salvage and wrecking. No explosive, toxic,
combustible or flammable materials in excess of what would be allowed incidental to
normal residential use shall be stored or used on the premises.
C. Change in Occupancy. A change in occupancy under the Building Code shall not be
approved unless the Director finds that the change of occupancy would not conflict with
or adversely affect existing uses in the building and in the area where the live-work unit
is located. No use shall be approved where there would be the potential for adverse
health impacts from the proposed use on the people residing in the unit. An example of
a potential health impact is the potential for food contamination from uses that generate
airborne particulates in a unit with an unenclosed kitchen
D. Floor Area. At least fifty percent (50%) of the gross floor area of a live-work unit must be
designated and regularly used for work activities.
E. Residential Areas. Residential areas are permitted above, to the side, or in back of the
business component, provided that there is internal access between the residential and
Part 15.400 Zoning and Overlay Districts Page 60 of 72
commercial space. The residential unit(s) shall be occupied by the owner, manager, or
employee(s) of the commercial space.
F. Conversion of Commercial Component. The commercial component as designated on
the floor plan shall remain commercial and cannot be converted to residential use.
G. Conversion of Residential Component. The residential component as designated on the
floor plan shall remain residential and cannot be converted to commercial use.
H. New Construction. Common or private on-site open space shall be provided for the use
of occupants pursuant to the multifamily standards. Such space may include rooftop,
balcony, or patio for the residence.
I. External Access. The external access for the commercial component shall be oriented to
the street or the lake and shall have at least one external entrance/exit separate from the
living space. The entrance to the business component shall be located on the ground level.
Access to the commercial component of each live/work unit shall be clearly separate from
the common walkways or entrances to the other residential units within the
development, or other residential units in adjacent developments.
J. Conversions. Any existing on-site open space shall be retained for the use of the
occupants of the live-work units.
K. Business License Required. At least one occupant of each live-work unit shall maintain a
current City business license for a business located in that unit.
N. Parking. The live/work unit shall be required to provide parking in accordance with
MLUDC Chapter 15.715.
O. No Separate Sale or Rental of Portions of Unit. No portion of a live-work unit may be
separately rented or sold as a commercial space for a person or persons not living in the
premises or as a residential space for a person or persons not working in the same unit.
Part 15.400 Zoning and Overlay Districts Page 61 of 72
Chapter 15.425
GRANT COUNTY AIRPORT OVERLAY DISTRICT
Sections:
15.425.010 Applicability.
15.425.020 Grant County Airport Overlay District.
15.425.030 Height Restrictions.
15.425.040 Prohibited Uses.
15.425.060 Exemptions.
15.425.010 Applicability.
The provisions of this Chapter shall apply to all lands, buildings, structures, natural features,
or uses located within those areas that are defined by the Grant County Airport overlay district
on the City’s zoning map. If there is any conflict between the regulations defined in this
Chapter and those of the underlying zoning district, the more restrictive requirement shall be
applied. If there is any conflict between the regulations defined in this Chapter and those of
any airport safety-related law or regulation adopted by an agency or district having
jurisdictional authority for an airport regulated under this Chapter, the law or regulation of
the jurisdictional authority shall prevail. Reference should be made to the current Grant
County International Airport Port of Moses Lake - Airport Master Plan.
15.425.020 Grant County Airport Overlay District.
There is hereby created the Grant County Airport Overlay District that is composed of the
following surface and safety areas. A parcel located in more than one (1) of the following
areas is considered to be only in the area with the more restrictive height limitation. The
various areas are hereby established and defined as follows:
A. Primary Surface Area. This area is defined as a surface longitudinally centered on the
Grant County Airport runways, which extends two hundred feet (200') beyond the end of
the runway and is one thousand feet (1,000') wide. The primary surface is at the elevation
of the runway.
B. Inner Approach Area. This area is defined as that area which lies directly below imaginary
inclined surfaces (the “Inner Approach Surfaces”) longitudinally centered on the extended
runway centerline and extending outward and upward from the north and south ends of
the primary surface. The inner edges of the inner approach surfaces are one thousand
(1,000) feet wide and expand uniformly to a width of four thousand (4,000) feet. The inner
approach surfaces extend for a horizontal distance of ten thousand (10,000) feet at a
slope of fifty (50) horizontal to one (1) vertical.
C. Outer Approach Area. This area is defined as that area which lies directly below imaginary
inclined surfaces (the “Outer Approach Surfaces”) longitudinally centered on the
extended runway centerline and extending outward and upward from the north and
south outer edges of the inner approach surfaces. The inner edges of the outer approach
surfaces are four thousand feet (4,000') wide and expand uniformly to a width of eight
thousand feet (8,000'). The outer approach surfaces extend for a horizontal distance of
forty thousand feet (40,000') at a slope of forty (40) horizontal to one (1) vertical.
D. Turning Area. This area is defined as that area which lies directly below an imaginary
horizontal oval surface (the “Turning Surface”) one hundred fifty feet (150') above the
Part 15.400 Zoning and Overlay Districts Page 62 of 72
established airport elevation (which is seventeen feet (17') above sea level), the
perimeter of which is constructed by swinging ten-thousand-foot (10,000') radii arcs from
the center of the end of the primary surface and by connecting the adjacent arcs with
parallel lines tangent to those arcs.
E. Conical Area. This area is defined as that area which lies directly below an imaginary
surface (the “Conical Surface”) which extends outward and upward from the periphery of
the horizontal surface at a slope of twenty (20) horizontal to one (1) vertical for a
horizontal distance of four thousand feet (4,000'). The Horizontal Surface is a horizontal
plane 150 feet above the established Airport Elevation, the perimeter of which is
constructed by swinging arcs of specified radii from the center of each end of the Primary
Surface of each runway. Tangents then connect the adjacent arcs. Size of arcs as follows:
1. For all runways designed visual or utility, the radius of each arc is 5,000 feet
2. For PIR and Non-Precision Instrument Runways, the radius of each arc is 10,000 feet.
The radius of the arcs specified for each end of a runway will have the same numerical
value, that value being the highest determined for either end of the runway. When a
5,000 foot arc is encompassing by tangents connecting two adjacent 10,000 foot arcs, it
shall be disregarded.
F. Transitional Areas. These areas are defined as the areas which lie directly below the
imaginary inclined surfaces (the “Transitional Surfaces”) which extend outward and
upward from the edges of the primary surface and the inner and outer approach surfaces.
The transitional surfaces extend at a slope of seven (7) horizontal to one (1) vertical at
right angles to the runway centerline and extension of the runway centerline. Transitional
surfaces for those portions of the approach surfaces which project through and beyond
the limits of the conical surface, extend a distance of five thousand feet (5,000') measured
horizontally from the edge of the approach surface and at right angles to the runway
centerline. Transitional surfaces for those portions of the inner approach surface and the
primary surface extend up to the turning surface.
G. Heliport Areas.
1. Heliport Primary Surface. The area of the primary surface coincides in size and shape
with the designated take-off and landing area. This surface is a horizontal plane at the
elevation of the established heliport elevation.
2. Heliport Approach Surface. The approach surface begins at each end of the heliport
primary surface with the same width as the primary surface and extends outward and
upward for a horizontal distance of 4,000 feet where its width is 500 feet. The slope
of the approach surface is 8 to 1.
3. Heliport Transitional Surfaces. These surfaces extend outward and upward from the
lateral boundaries of the primary surface and from the approach surfaces at a slope
of 2 to 1 for a distance of 250 feet measured horizontally from the centerline of the
primary and approach surfaces.
15.425.030 Height Restrictions. Except as otherwise provided in this Chapter, no structure shall be
erected, altered, or maintained, and no tree shall be allowed to grow in any area created by
this Chapter to a height in excess of the applicable height limits herein established for such
area. Such applicable height limitations are hereby established for each of the area in question
as follows:
Part 15.400 Zoning and Overlay Districts Page 63 of 72
A. Inner Approach Area. Structures and trees shall not exceed the height of the Inner
Approach Surface.
B. Outer Approach Area. Structures and trees shall not exceed the height of the Outer
Approach Surface.
C. Turning Area. Structures and trees shall not exceed the height of the Turning Surface.
D. Conical Area. Structures and trees shall not exceed the height of the Conical Surface.
E. Transitional Areas. Structures and trees shall not exceed the height of the Transition
Surfaces.
F. Heliport Areas. Structures and trees shall not exceed the height of the Heliport Approach
and Transitional Surfaces.
G. Special Exception. The Director may permit a structure thirty-five (35) feet or less to
exceed the height limits of the Airport Overlay District as a special exception. Such an
exception shall only be permitted if the Director finds that all of the following conditions
exist:
1. The Federal Aviation Administration advises the Director that the exception to the
height limits does not create a hazard to aviation; and
2. The additional height is necessary for the successful physical function of the structure;
and
3. The exception will not result in re-routing of aircraft; and
4. The structure is designed to minimize adverse impacts of lighting on surrounding uses
while complying with the lighting requirements of the Federal Aviation
Administration.
Federal Aviation Administration (FAA)
Part 15.400 Zoning and Overlay Districts Page 64 of 72
15.425.040 Prohibited Uses. Prohibited uses are the same as for the underlying zoning district as listed in
Tables MLUDC 15.405.060 and 15.405.070, except no permit shall be granted in the Overlay
District that would:
A. No Airport Hazards. Allow the establishment or creation of an airport hazard, including
but not limited to:
1. Electrical interference with navigational signals or radio communications at the
airport or with radio or electronic communications between the airport and aircraft.
2. Emission of fly ash, dust, vapor, gases, or other forms of emissions that may conflict
with any planned operations of the airport.
3. Foster an increase in bird population and thereby increase the likelihood of a bird-
impact problem.
4. Erection or placement of any structure, device, or other object that makes it difficult
for pilots to distinguish between airport lights and other lights, results in glare in the
eyes of pilots using the airports, impairs visibility in the vicinity of the airport, or
otherwise endangers the landing, taking off, or maneuvering of aircraft.
B. No Incompatible Uses. Authorize any use or activity that would result in the siting of an
incompatible use adjacent to an airport pursuant to RCW 36.70.547, as amended; or
C. No Increase in Nonconforming Structures or Use. Permit a nonconforming structure or
use to be made larger or to become higher or become a greater hazard to air navigation
than it was when the MLUDC was adopted.
15.425.060 Exemptions.
The provisions of this Chapter shall not be applicable to the following when allowed in the
underlying zoning district:
A. Nonconforming Uses and Structures. A use, building, or structure which legally exists
prior to the effective date of the ordinance codified in this Chapter is considered
nonconforming and therefore is exempt, except as may be compelled by state or federal
regulations. The use, building, or structure must adhere to the requirements of MLUDC
Chapter 15.730.
B. Necessary Aviation Facilities. Any air navigation facility, airport visual approach, or
aircraft arresting device, or meteorological device, or a type of device approved by the
FAA, the location and height of which is fixed by its functional purpose.
C. Temporary Outdoor Events and Festivals. Temporary outdoor events and temporary
outdoor festivals as defined in the Moses Lake Municipal Code and MLUDC, as long as the
period of operation does not exceed five (5) days.
D. Temporary Structures. Temporary buildings and structures auxiliary to residential
development and major construction which support the sale of dwellings and lots within
the same subdivision or residential development, so long as such uses and associated
structures are constructed or erected as incidental to a development, do not involve any
significant investment, are solely used for the designated purpose and remain for a
maximum of one (1) year.
E. Agricultural Structures. Bona fide agricultural buildings, structures, improvements, and
associated developments so long as not more than one (1) single-family dwelling occurs
within that portion of the parcel located within the Overlay District.
Part 15.400 Zoning and Overlay Districts Page 65 of 72
F. Other Uses. As determined by the Director to be minor or incidental and within the intent
or objective of this Chapter to protect the airspace around the Grant County Airport from
airspace obstructions, hazards, and incompatible land uses and to protect public health,
safety, and general welfare within the Overlay District.
Part 15.400 Zoning and Overlay Districts Page 66 of 72
Chapter 15.427
MOSES LAKE MUNICIPAL AIRPORT OVERLAY DISTRICT
Sections:
15.427.010 Applicability.
15.427.020 Moses Lake Municipal Airport Overlay District.
15.427.030 Height Restrictions.
15.427.040 Prohibited Uses.
15.427.050 Exemptions.
15.427.010 Applicability.
The provisions of this Chapter shall apply to all lands, buildings, structures, natural features,
or uses located within those areas that are defined by the Moses Lake Municipal Airport
overlay district on the City’s zoning map. If there is any conflict between the regulations
defined in this Chapter and those of the underlying zoning district, the more restrictive
requirement shall be applied. If there is any conflict between the regulations defined in this
Chapter and those of any airport safety-related law or regulation adopted by an agency or
district having jurisdictional authority for an airport regulated under this Chapter, the law or
regulation of the jurisdictional authority shall prevail. The Moses Lake Airport Plan and
Narrative Report (ALP) is an important reference document for consideration of zoning and
land use around the Moses Lake Municipal Airport. Section 4.9 includes zoning and land use
recommendations as guidance to mitigating incompatible uses.
15.427.020 Moses Lake Municipal Airport Overlay District.
There is hereby created the Moses Lake Municipal Airport Overlay District that is composed
of the following surface and safety areas. A parcel located in more than one (1) of the
following areas is considered to be only in the area with the more restrictive height limitation.
The various areas are hereby established and defined as follows:
A. Primary Surface Area. This area is defined as a surface longitudinally centered on the
Moses Lake Municipal Airport runway, which extends two hundred feet (200') beyond the
end of the runway and is one thousand feet (1,000') wide. The primary surface is at the
elevation of the runway.
B. Inner Approach Area. This area is defined as that area which lies directly below imaginary
inclined surfaces (the “Inner Approach Surfaces”) longitudinally centered on the extended
runway centerline and extending outward and upward from the north and south ends of
the primary surface. The inner edges of the inner approach surfaces are one thousand
(1,000) feet wide and expand uniformly to a width of four thousand (4,000) feet. The inner
approach surfaces extend for a horizontal distance of ten thousand (10,000) feet at a
slope of fifty (50) horizontal to one (1) vertical.
C. Outer Approach Area. This area is defined as that area which lies directly below imaginary
inclined surfaces (the “Outer Approach Surfaces”) longitudinally centered on the
extended runway centerline and extending outward and upward from the north and
south outer edges of the inner approach surfaces. The inner edges of the outer approach
surfaces are four thousand feet (4,000') wide and expand uniformly to a width of eight
thousand feet (8,000'). The outer approach surfaces extend for a horizontal distance of
forty thousand feet (40,000') at a slope of forty (40) horizontal to one (1) vertical.
Part 15.400 Zoning and Overlay Districts Page 67 of 72
D. Turning Area. This area is defined as that area which lies directly below an imaginary
horizontal oval surface (the “Turning Surface”) one hundred fifty feet (150') above the
established airport elevation (which is seventeen feet (17') above sea level), the
perimeter of which is constructed by swinging ten-thousand-foot (10,000') radii arcs from
the center of the end of the primary surface and by connecting the adjacent arcs with
parallel lines tangent to those arcs.
E. Conical Area. This area is defined as that area which lies directly below an imaginary
surface (the “Conical Surface”) which extends outward and upward from the periphery of
the horizontal surface at a slope of twenty (20) horizontal to one (1) vertical for a
horizontal distance of four thousand feet (4,000'). The Horizontal Surface is a horizontal
plane 150 feet above the established Airport Elevation, the perimeter of which is
constructed by swinging arcs of specified radii from the center of each end of the Primary
Surface of each runway. Tangents then connect the adjacent arcs. Size of arcs as follows:
1. For all runways designed visual or utility, the radius of each arc is 5,000 feet
2. For PIR and Non-Precision Instrument Runways, the radius of each arc is 10,000 feet.
The radius of the arcs specified for each end of a runway will have the same numerical
value, that value being the highest determined for either end of the runway. When a
5,000 foot arc is encompassing by tangents connecting two adjacent 10,000 foot arcs, it
shall be disregarded.
F. Transitional Areas. These areas are defined as the areas which lie directly below the
imaginary inclined surfaces (the “Transitional Surfaces”) which extend outward and
upward from the edges of the primary surface and the inner and outer approach surfaces.
The transitional surfaces extend at a slope of seven (7) horizontal to one (1) vertical at
right angles to the runway centerline and extension of the runway centerline. Transitional
surfaces for those portions of the approach surfaces which project through and beyond
the limits of the conical surface, extend a distance of five thousand feet (5,000') measured
horizontally from the edge of the approach surface and at right angles to the runway
centerline. Transitional surfaces for those portions of the inner approach surface and the
primary surface extend up to the turning surface.
15.427.030 Height Restrictions. Except as otherwise provided in this Chapter, no structure shall be
erected, altered, or maintained, and no tree shall be allowed to grow in any area created by
this Chapter to a height in excess of the applicable height limits herein established for such
area. Such applicable height limitations are hereby established for each of the area in question
as follows:
A. Inner Approach Area. Structures and trees shall not exceed the height of the Inner
Approach Surface.
B. Outer Approach Area. Structures and trees shall not exceed the height of the Outer
Approach Surface.
C. Turning Area. Structures and trees shall not exceed the height of the Turning Surface.
D. Conical Area. Structures and trees shall not exceed the height of the Conical Surface.
E. Transitional Areas. Structures and trees shall not exceed the height of the Transition
Surfaces.
F. Special Exception. The Director may permit a structure thirty-five (35) feet or less to
exceed the height limits of the Airport Overlay District as a special exception. Such an
Part 15.400 Zoning and Overlay Districts Page 68 of 72
exception shall only be permitted if the Director finds that all of the following conditions
exist:
1. The Washington State Department of Transportation advises the Director that the
exception to the height limits does not create a hazard to aviation; and
2. The additional height is necessary for the successful physical function of the structure;
and
3. The exception will not result in re-routing of aircraft; and
4. The structure is designed to minimize adverse impacts of lighting on surrounding uses
while complying with the lighting requirements of the Federal Aviation
Administration.
15.427.040 Prohibited Uses.
Prohibited uses are the same as for the underlying zoning district as listed in Tables MLUDC
15.405.060 and 15.405.070, except no permit shall be granted in the Overlay District that
would:
A. No Airport Hazards. Allow the establishment or creation of an airport hazard, including
but not limited to:
1. Electrical interference with navigational signals or radio communications at the
airport or with radio or electronic communications between the airport and aircraft.
2. Emission of fly ash, dust, vapor, gases, or other forms of emissions that may conflict
with any planned operations of the airport.
3. Foster an increase in bird population and thereby increase the likelihood of a bird-
impact problem.
4. Erection or placement of any structure, device, or other object that makes it difficult
for pilots to distinguish between airport lights and other lights, results in glare in the
eyes of pilots using the airports, impairs visibility in the vicinity of the airport, or
otherwise endangers the landing, taking off, or maneuvering of aircraft.
B. No Incompatible Uses. Authorize any use or activity that would result in the siting of an
incompatible use adjacent to an airport pursuant to RCW 36.70.547, as amended.
C. Other Prohibited Uses. Additional prohibited uses within the Moses Lake Municipal
Airport include:
1. Kennels;
2. Automobile wrecking yards;
3. Residences;
4. Storage of any waste not generated within the municipal boundaries of the City of
Moses Lake as a result of a business licensed within the City; and
5. The treatment or storage of any hazardous or nuclear waste.
D. No Increase in Nonconforming Structures or Use. Permit a nonconforming structure or
use to be made larger or to become higher or become a greater hazard to air navigation
than it was when the MLUDC was adopted.
15.427.050 Exemptions.
The provisions of this Chapter shall not be applicable to the following when allowed in the
underlying zoning district:
Part 15.400 Zoning and Overlay Districts Page 69 of 72
A. Nonconforming Uses and Structures. A use, building, or structure which legally exists
prior to the effective date of the ordinance codified in this Chapter is considered
nonconforming and therefore is exempt, except as may be compelled by state or federal
regulations. The use, building, or structure must adhere to the requirements of MLUDC
Chapter 15.730.
B. Necessary Aviation Facilities. Any air navigation facility, airport visual approach, or
aircraft arresting device, or meteorological device, or a type of device approved by
WSDOT, the location and height of which is fixed by its functional purpose;
C. Temporary Outdoor Events and Festivals. Temporary outdoor events and temporary
outdoor festivals as defined in the Moses Lake Municipal Code and MLUDC, as long as the
period of operation does not exceed five (5) days.
D. Temporary Structures. Temporary buildings and structures auxiliary to residential
development and major construction which support the sale of dwellings and lots within
the same subdivision or residential development, so long as such uses and associated
structures are constructed or erected as incidental to a development, do not involve any
significant investment, are solely used for the designated purpose and remain for a
maximum of one (1) year.
E. Agricultural Structures. Bona fide agricultural buildings, structures, improvements, and
associated developments so long as not more than one (1) single-family dwelling occurs
within that portion of the parcel located within the Overlay District.
F. Other Uses. As determined by the Director to be minor or incidental and within the intent
or objective of this Chapter to protect the airspace around the Moses Lake Municipal
Airport from airspace obstructions, hazards, and incompatible land uses and to protect
public health, safety, and general welfare within the Overlay District.
Part 15.400 Zoning and Overlay Districts Page 70 of 72
Part 15.400 Zoning and Overlay Districts Page 71 of 72
Airport Compatibility Zone
Dimensions Length Width Notes
Zone 1 1,000’ 750’ Zone 1 includes the runway’s RPZ. The RPZ is depicted with
shaded area within Zone 1.
Zone 2 1,500’ 750’ NA
Zone 3 3,000’ * *Plot Zone 3 ‘s vertex 1,000’ from the runway’s endpoint or
25% of runway’s length
Zone 4 2,500’ 500’ NA
Zone 5 * 500’ Zone 5 ends 200’ past the runway’s endpoint
Zone 6 5,000’ 5,000’ Set the vertex for Zone 6’s arc parallel to the end of Zone 2
Part 15.400 Zoning and Overlay Districts Page 72 of 72
Part 15.700 COMMUNITY AND PROJECT DESIGN STANDARDS
Chapter 15.705 COMMUNITY DESIGN STANDARDS
Chapter 15.710 PROJECT DESIGN STANDARDS
Chapter 15.715 PARKING
Chapter 15.720 LANDSCAPING AND BUFFERING
Chapter 15.725 FENCES, SCREENING, AND REFUSE STORAGE STANDARDS
Chapter 15.730 NONCONFORMING USES AND STRUCTURES
Chapter 15.735 SIGNS
Chapter 15.740 OUTDOOR LIGHTING
Part 15.700 Community and Project Design Standards Page 2 of 57
Chapter 15.705
COMMUNITY DESIGN STANDARDS
Sections:
15.705.010 Compliance with Standards and Guidelines.
15.705.020 Sidewalks, Multi-Use Pathways, and Street Trees.
15.705.030 Street Design.
15.705.040 Performance Standards.
15.705.050 Pedestrian Standards.
15.705.060 Shoreline Master Program.
15.705.070 Community Street and Utility Standards and City Design Standards.
15.705.080 Structures over Easements or Right-of-Way.
15.705.090 Maintenance of Lots.
15.705.100 Maintenance of City Right-of-Way.
15.705.110 Issuance of a Business License or a Certificate of Occupancy.
15.705.120 Vehicle Maintenance.
15.705.130 General Residential Performance Standard.
15.705.010 Compliance with Standards and Guidelines.
A. Application. All development shall comply with the design standards and guidelines
applicable to the type of use and/or the district in which the proposed development is
located. The Director, or other decision maker so specified, shall have the authority to
apply the standards to specific development proposals as conditions of approval.
B. Standards Adopted by Reference. This Chapter recognizes and incorporates the
standard details for construction of public improvements, as it exists now or as it may
hereafter be amended. The City Council has established by resolution the standard
details for construction of public improvements, and other matters pertaining to the
MLUDC. The standard details for construction of public improvements shall be kept by
the City Engineer or the City Clerk and may be altered or amended by resolution of the
City Council. Where conflicts or inconsistencies arise between the standard details for
construction as approved by resolution of the City Council and those in other code
requirements, the standard details for construction as approved by resolution of the
City Council supersede those in other code requirements. Referenced guidelines or
standards:
1. Comprehensive Plan
2. Community Street and Utility Design Standards
3. Trails and Activity Paths
4. Parks, Recreation & Open Space Plan
5. Shoreline Master Program
6. Stormwater Management Manual for Eastern Washington
7. Complete Streets
8. Housing Action Plan
9. Wastewater Facility Plan
10. Water System Plan
C. Minimums. The standards and requirements established or referenced by this Chapter
are minimum requirements. These standards may be increased and additional
Part 15.700 Community and Project Design Standards Page 3 of 57
requirements may be imposed for the purpose of mitigating identified probable
significant adverse environmental impacts pursuant to the State Environmental Policy
Act, Chapter 43.21C RCW, as now established or hereafter amended. Such additional
requirements may include, but shall not be limited to, off-site improvements to any
public facility, the dedication or improvement of parks and open spaces, and monetary
contributions to any City fund established to finance the provision of public services
D. Conflict. These standards are intended to supplement other provisions of the MLUDC
and other existing City codes applicable to developments. Where there is a conflict
between the provisions of this Chapter and other codes, the most stringent shall apply.
E. Chapter Not Exclusive. Compliance with the provisions of this Chapter does not
constitute compliance with other federal, state, and local regulations and permit
requirements that may be required (for example, Shoreline Substantial Development
Permits, Hydraulic Permit Act (HPA) permits, Section 106 of the National Historic
Preservation Act, U.S. Army Corps of Engineers Section 404 permits, National Pollution
Discharge Elimination System permits). The Applicant is responsible for complying with
these requirements.
15.705.020 Sidewalks, Multi-Use Pathways, and Street Trees.
A. Sidewalks Multi-Use Pathways, and Street Trees. The following standards are
applicable:
1. Width: Unless otherwise specified in the referenced guidelines or standards the
minimum sidewalk width shall be five feet plus accommodations for street trees,
plantings, applicable stormwater, and curb. Multi-use pathways, designed per
standards and guidelines Community Street and Utility Design Standards, shall be
used in place of a standard sidewalk for all streets.
2. Street Trees and Plantings within Right-of-way (planter strip): Shall comply with the
requirements of MLUDC Chapter 15.720.
B. Multi-use Pathways.
1. Multi-use pathways, designed per standards and guidelines herein, may be used in
place of a standard sidewalk for all streets.
2. Multi-use pathways shall be constructed to WSDOT’s Shared Use Path design
standards (Chapter 1515 of the WSDOT Design Manual). This includes a minimum
paved width of ten (10) feet.
15.705.030 Street Design.
A. Streets, sidewalks, water, wastewater, stormwater and miscellaneous utility
infrastructure shall be laid out in a manner which allows for accessibility, further
development of all parcels within the region, and well-designed networks and
circulation.
B. The Applicant is responsible for constructing all the streets within the subdivision full
width, and all the streets adjacent to the subdivision half width. Except, the Applicant
shall be responsible for constructing the adjacent streets full width if the City
determines that the use within the subdivision requires full width streets.
C. The Applicant shall be required to design easements and dedications in a manner which
facilitates the future development of the region as determined by the Director. This
Part 15.700 Community and Project Design Standards Page 4 of 57
shall be accomplished by establishing easements and dedications to the furthest lot line,
as well as other similar methods. Cul-de-sacs are limited and only allowed authorized by
the Director upon consultation with the City Engineer.
D. All easements and dedications shall be designed in a manner which provides the
necessary dimensional specifications required for future development.
E. All lots shall be provided with direct access to an improved public street meeting the
specifications contained in the MLUDC and as designated in the Comprehensive Plan.
Streets shall be improved to the standards as outlined in the MLUDC and as a condition
of development approval. All streets shall be dedicated to the City, except as provided in
MLUDC Chapter 15.330.
F. Development standards shall be reviewed concurrently with the related application for
a building permit, utility connection permit, land use permit, subdivision permit, or
other associated type of activity or permit.
G. Those public facilities and utilities required to be provided as a condition of approval
shall be fully operational or bonded for concurrency with the use and occupancy of the
development, except that concurrency for transportation facilities may be within six (6)
years of project approval at the discretion of the Director working in consultation with
the Public Works Director.
H. Development shall be prohibited if the development causes the level of service on a
locally owned transportation facility to decline below the standards adopted in the
transportation element of the comprehensive plan, unless transportation improvements
or strategies to accommodate the impacts of development are made concurrent with
the development. These strategies may include increased public transportation service,
ride-sharing programs, demand management, and other transportation systems
management strategies. For the purposes of this subsection, “concurrent with the
development” means that improvements or strategies are in place at the time of
development, or that a financial commitment is in place to complete the improvements
or strategies within six years. Highways of statewide significance are exempt from
concurrency requirements, pursuant to RCW 36.70A.070(6)(a)(iii)(C). See MLUDC
Chapter 15.250.
I. Street design shall meet the street functional classification.
15.705.040 Performance Standards.
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.
Part 15.700 Community and Project Design Standards Page 5 of 57
C. Odors. Any use producing odors shall implement best available practices and use best
available technology so that offensive or obnoxious odors 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 Telecommunications Act of 1996 or its
successor.
F. Noise. Noise within the commercial and industrial zones must not exceed the maximum
permissible noise levels set forth in WAC 173-60-040.
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.
H. Health Regulations. All uses must be in compliance with all current health regulations.
I. State Building Code, State Fire Code, State Mechanical Code, and State Plumbing Code
Requirements. All uses 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.
J. Outside Storage. Outside storage is permitted in C-1A and C-2 zones when conducted in
conjunction with the principal use which is in an enclosed adjoining building. Outside
storage is prohibited in the other commercial zones.
K. Fences and Walls. 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 MLUDC Chapter 15.725.
L. Stormwater and Drainage.
1. Each use shall provide for approved on-site or off-site detention or control of excess
stormwater runoff or drainage resulting from the use. No use shall cause
downstream property owners to receive stormwater runoff at a higher peak flow
than would have resulted from the same event had the use or improvement not
been present.
2. Stormwater shall comply with the Stormwater Management Manual for Eastern
Washington.
3. Stormwater runoff or drainage shall be controlled and contained on site except
where adequate off-site storm drainage systems are available. Stormwater runoff
Part 15.700 Community and Project Design Standards Page 6 of 57
and/or drainage resulting from a use must be controlled so that water will not flow
onto a public sidewalk or onto adjacent property unless approved by the City
Engineer or Building Official. Drainage into City storm sewer or onto a City street
must be approved by the City Engineer.
15.705.050 Pedestrian Standards. 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
A. Improvements Required. An on-site pedestrian circulation system shall be provided.
The system shall meet all standards of this section.
B. 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.
C. 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 the
Grant County Auditor’s Office.
D. Internal Connections. The system shall connect all buildings on the site and provide
connections to other areas of the site, such as parking areas, bicycle parking,
recreational areas, common outdoor areas, and any pedestrian amenities
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.
F. Materials.
1. The circulation system shall be paved and be at least five feet (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 ramp.
Part 15.700 Community and Project Design Standards Page 7 of 57
15.705.060 Shoreline Master Program. 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.
15.705.070 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 must be to current City standards.
15.705.080 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 the MLUDC. 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 Director and Building
Official.
15.705.090 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.
15.705.100 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.
15.705.110 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 the MLUDC and MLMC.
15.705.120 Vehicle Maintenance. There shall be no maintenance of vehicles on City rights-of-way. Oil
and gasoline shall not be dumped on paved City streets or into catch basins or storm sewers.
15.705.130 General Residential Performance Standard. 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 MLMC Chapter 8.28.
Part 15.700 Community and Project Design Standards Page 8 of 57
Chapter 15.710
PROJECT DESIGN STANDARDS
Sections:
15.710.010 Applicability.
15.710.020 Site Design.
15.710.030 Outdoor Spaces.
15.710.050 Stormwater Management Manual for Eastern Washington.
15.710.060 Industrial Zoning Districts Standards.
15.710.070 Commercial Zone – Noise.
15.710.010 Applicability.
A. Development Types to be Reviewed. Project design standards, review, and approval is
required prior to the location, occupancy, or use of any:
1. Commercial project, building, or facility;
2. Industrial project, building, or facility; or
3. Any multi-family residential use or structure containing four or more dwelling units.
B. When Reviewed. Project design review shall apply to all new development, expansions,
or site improvements that will change the physical conditions of a site. Review shall be
required and processed along with the appropriate land use permit or associated with a
building permit application. This review must be approved prior to issuance of a building
permit.
C. Only Reviewing Project Design. Project design review is not intended to review and
determine the appropriateness of a given use on a particular site.
D. Project Requirements. Any project level requirement found within the MLUDC shall be
applied herein.
15.710.020 Site Design.
A. Site Design. The following design elements shall be applied to all projects:
1. Site Design Layout.
a. Sites shall be developed in a coordinated manner to complement the natural
topography and drainage, and adjacent structures through building placement,
architecture, and size/mass.
b. Whenever possible, buildings on the same site shall be designed to enhance
safe and convenient pedestrian access between buildings including plazas,
courtyards, pocket parks, and other pedestrian use areas connected by clearly
marked walkways.
c. Where appropriate, sites shall incorporate transit-compatible designs. “Transit
compatible” means designs that are pedestrian oriented, provide safe and
convenient access to transit facilities, and foster efficient transit service.
d. Where appropriate, sites shall be designed to provide vehicular and pedestrian
connections to adjacent sites.
Part 15.700 Community and Project Design Standards Page 9 of 57
e. Landscaping shall make use of minimizing the need for water or irrigation
through xeriscape design, native plan species, and minimizing turf and irrigated
areas to appropriate levels for the site (such as establishing trees as an
example).
2. Tree Preservation.
a. Project design shall maximize the preservation of existing significant tree stands
and significant individual trees, especially on slopes, street frontages, and on the
perimeter of the site.
b. Project design shall incorporate existing natural and native vegetation into the
site design wherever possible.
3. Setback Landscaping. Landscaping shall comply with MLUDC Chapter 15.720.
a. Setback areas are to be landscaped and covered with live plant materials.
b. Setback landscaping may include low impact development stormwater
management facilities that are not fenced and can be designed to integrate
vegetation appropriately into the setback’s landscape area.
4. On-site Pedestrian Circulation.
a. Pathways between dwelling units and the street are required. Such pathways
shall make a direct connection to the street.
b. The pedestrian circulation system shall connect entrances on the site.
Pedestrian connections to other areas of the site, such as parking areas,
recreational areas, common open space, and other amenities shall be required.
Pedestrian pathways may be located within setback landscaping.
c. Pedestrian pathways shall be clearly defined and designed to be separated from
driveways and parking areas, through the use of raised curbs, elevation changes,
bollards, landscaping, different paving materials, and/or other similar
treatments. Striping does not meet this requirement.
5. On-Site Vehicular Circulation, Parking, and Bicycle Facilities.
a. Vehicular access points from public roads or primary private drives shall be
limited, by sharing driveways and linking parking lots between adjacent uses.
b. On-site primary vehicular circulation drives shall be separated and provide
minimal vehicular conflict with parking areas.
c. Parking garages should be designed and sited to complement, not dominate,
the streetscape and shall be screened when visible from public streets. Above-
grade parking garages shall be designed to incorporate architectural elements
that complement the adjacent buildings.
d. Bicycle racks shall be located near the entrances to each commercial, multi-
family or mixed use buildings, and to the main features of each recreational
amenity.
Part 15.700 Community and Project Design Standards Page 10 of 57
B. Screening Standards. Mechanical equipment, trash and recycling dumpsters, and any
outdoor related equipment shall be screened from abutting properties, public rights-of-
way, and open space with a combination of fencing and landscaping. Screening shall be
complementary to the materials and colors of the primary structure(s) and shall be of a
height appropriate to reduce the appearance of the materials being screened. See
MLUDC Chapter 15.725.
15.710.030 Outdoor Spaces.
A. Design and locate outdoor spaces and gateways as outlined in the Comprehensive Plan
and Sub-Area Plans.
1. All outdoor spaces shall be ADA and handicapped-accessible;
2. Outdoor spaces will be evaluated with the following considerations:
a. Orientation. Orient to sunlight to the maximum extent feasible and provide
good physical and visual access to the sidewalk or walkway, so that the space is
perceived as an extension of the sidewalk.
b. Dimensions. Size is adequate for seating, planting, etc., but not so large as to
appear barren and uninviting.
c. Seating. Provide seating at comfortable height and depth, and appropriate
arrangement appropriate for both single and group users.
d. Pavement. Use nonglare, nonslip, and safe surface materials.
e. Trees and Planting. Consider provision for shade and sun. Use to create space
and define human scale. Provide protection from wind.
Part 15.700 Community and Project Design Standards Page 11 of 57
f. Amenities. Use pedestrian-scaled lighting, fountains or other water features,
litter receptacles and sheltered waiting areas.
g. Physical Access. Ensure ready physical as well as visual access with special
attention to elevation differences.
h. Enclosure. Use landscaping or structure to provide a sense of enclosure, while
ensuring visual access for safety;
B. Recognize the transportation and recreation uses to provide pedestrian and bicycle
connections from private development adjacent to the corridor, when appropriate, to
preserve the opportunity for future multi-modal transportation access. Site design will
be evaluated with connectivity of trails, sidewalks, and bike routes in mind.
15.710.050 Stormwater Management Manual for Eastern Washington. All projects shall comply with
the current Stormwater Management Manual for Eastern Washington.
15.710.060 Industrial Zoning Districts Standards.
A. Air Quality. Air emissions shall meet applicable state and federal regulations, including
but not limited to Title 173 WAC - Department of Ecology, and Title 296 WAC –
Department of Labor and Industries. 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. Air emissions can include but are not limited to smoke,
dust, particulate matter, odor, or gas/vapor.
B. Odors. Any use producing odors shall implement best available practices and use best
available technology 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
shall implement best available practices and use best available technology so that
offensive or obnoxious odors shall not be perceptible to a person of normal sensitivity at
or beyond the Industrial Zone boundary line.
C. 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.
D. 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. Building and infrastructure materials
with high reflectivity of light shall not be used or shall receive surface treatments to
prevent the reflection of light or glare onto areas within and surrounding Industrial
Zones. 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.
E. 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.
F. Hazardous Materials. The manufacture, use, processing or storage of hazardous
materials or substances shall be permitted in accordance with the regulations of the
State Building Code, State Fire Code, the National Fire Protection Association standards
Part 15.700 Community and Project Design Standards Page 12 of 57
as set forth in Titles 51 WAC, Chapter 296-843 WAC, Chapters 19.27 and 35.21 RCW,
and compliance with any other state or nationally recognized standards that may apply
to the particular use, building, or process.
G. Industrial Wastes. The storage, processing, or disposal of dangerous or hazardous waste
shall be subject to the regulations of Title 173 WAC - Department of Ecology and Title
296 WAC – Department of Labor and Industries.
H. Flammable and Explosive Hazards. The manufacture, use, processing, storage, and
disposal of flammable liquids or materials that produce or are innately flammable or
explosive substances shall be subject to the regulations of the State Building Code, State
Fire Code, the National Fire Protection Association standards as set forth in Titles 51
WAC, Chapter 296-843 WAC, Chapters 19.27 and 35.21 RCW, and compliance with any
other state or nationally recognized standards that may apply to the particular use,
building, or process.
I. 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 Telecommunications Act of 1996 or its
successor.
J. 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.
Table 15.710.060 – Maximum Permissible Environmental Noise Levels
from a Noise Source in an Industrial Zone (Chapter 173-60 WAC)
Property Receiving Noise by Zone Maximum Noise Level
Residential* 60 dBA
Commercial 65 dBA
Industrial 70 dBA
*Between the hours of 10:00 p.m. and 7:00 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 1-hour period
2. 10 dBA for a total of 5 minutes in any 1-hour period
3. 15 dBA for a total of 1.5 minutes in any 1-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.
Part 15.700 Community and Project Design Standards Page 13 of 57
K. Additional Requirements. Additional requirements are found in other Chapters of the
Municipal Code, other adopted City regulations, and applicable State and Federal
agency regulations, including but not limited to the following:
1. Washington State Building Code, Title 51 WAC,
2. Chapters 19.27 and 35.21 RCW, including to the State Building Code, State Fire
Code, State Mechanical Code, and State Plumbing Code.
3. Washington State Department of Ecology, Title 173 WAC.
4. Washington State Public Health and Safety, Title 70 RCW.
5. Washington State Environmental Health and Safety, Title 70A RCW.
6. Washington State Department of Labor and Industries, Title 296 WAC.
7. Washington State Labor Regulations, Title 49 RCW.
8. Washington State Public Highways and Transportation, Title 47 RCW
15.710.070 Commercial Zone – Noise. Noise emanating from a use or activity within a commercial zone
which exceeds the maximum permissible noise levels set forth in WAC 173-60-040 and this
Chapter shall not be permitted.
Table 15.710.070 – Maximum Permissible Environmental Noise Levels
from a Noise Source in an Commercial Zone (Chapter 173-60 WAC)
Property Receiving Noise by Zone Maximum Noise Level
Residential* 57 dBA
Commercial 60 dBA
Industrial 65 dBA
*Between the hours of 10:00 p.m. and 7:00 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:
4. 5 dBA for a total of 15 minutes in any 1-hour period
5. 10 dBA for a total of 5 minutes in any 1-hour period
6. 15 dBA for a total of 1.5 minutes in any 1-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.
Part 15.700 Community and Project Design Standards Page 14 of 57
Chapter 15.715
PARKING
Sections:
15.715.010 Applicability.
15.715.020 General Standards.
15.715.030 Specific Parking Requirements.
15.715.040 Location of Parking Area.
15.715.050 Bicycle Facilities Standards.
15.715.060 Specific Loading Requirements.
15.715.070 ADA Accessibility
15.715.080 Development and Maintenance.
15.715.090 On-Site Drainage for Parking Lots.
15.715.100 Waivers and Exceptions.
15.715.110 Electric Vehicle Charging Station Standards.
15.715.010 Applicability.
A. Applicability. Unless exempt as provided herein, the requirements of this Chapter shall
apply to all of the following:
1. New development.
2. Replacement or improvement of more than forty-five percent (45%) of existing
impervious surfaces on a developed site.
3. A twenty-five percent (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 seventy-five percent (75%) or where the cost of the
addition, remodel, alteration, or repair exceeds seventy-five percent (75%) of the
existing assessed value of the structure.
5. Change of occupancy (per the Building Code).
B. Exceptions.
1. No off-street parking shall be required for home occupations or for businesses
located within the C-1 Central Business District and the C-1A Transitional
Commercial Zone.
2. Preservation and Maintenance. The following parking area maintenance practices
are exempt from the requirements of this Chapter:
a. Pothole and square cut patching.
b. Crack sealing.
c. Vegetation maintenance.
d. Overlaying existing asphalt or concrete pavement with bituminous surface
treatment (BST or “chip seal”).
15.715.020 General Standards.
A. Access and Capacity. 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 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.
Part 15.700 Community and Project Design Standards Page 15 of 57
B. Wheel or Bumper Stops. 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. Use of Streets. Except for single family dwelling, duplex or triplex unit driveways, access
or aisles shall be designed in a manner which does not permit backing movements or
other maneuvering within or onto a street other than an alley.
D. Aisles. Aisle width shall be a minimum of twenty-four feet (24’) for two way traffic and,
as applicable, meet fire lane standards. One way traffic aisle can be reduced in width
upon approval by the Fire Department.
E. Drive Through Windows. Drive through windows shall have a stacking lane of a
minimum of one hundred twenty feet (120’) and shall be designed to not block access,
parking aisles, or fire lanes.
F. Landscaping. Parking lot landscaping shall comply with MLUDC Chapter 15.720,
Landscaping.
G. Carpool Parking. For industrial, commercial, and institutional uses where there are
more than fifty (50) parking spaces on the site, the following standards must be met:
1. Five (5) spaces or five percent (5%) 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.
2. Signs must be posted, or painted within the spaces, indicating that these spaces are
reserved for carpool use.
H. Litter Receptacles. All off-street parking areas serving retail uses and restaurants shall
provide at least one (1) outdoor litter receptacle within the parking area or at the
building entrance. One (1) 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.
I. Parking Space Dimensions. Except for compact car spaces, each parking space shall be
no less than nine feet (9’) wide and twenty feet (20’) long.
J. Compact Parking Spaces. Ten percent (10%) of the total spaces required may be for
compact cars only. These spaces must be designated. Each compact space shall be at
least eight feet (8’) wide and sixteen feet (16’) long and shall be clearly identified as a
compact car space by painting the word “COMPACT” in capital letters, a minimum of
eight inches (8”) high, on the pavement at the base of the parking space and centered
between the striping.
K. Mixed Occupancy Building. A building that has mixed occupancies shall provide parking
for each use as required in MLUDC 15.715.030.
15.715.030 Specific Parking Requirements.
Table 15.715.030 – Specific Parking Requirements
LAND USE REQUIRED PARKING
RESIDENTIAL
Duplex 2 per dwelling unit
Manufactured home park 2 per dwelling unit plus 5% of total for guest parking
Part 15.700 Community and Project Design Standards Page 16 of 57
Studio and 1-bedroom apartment 1 per unit, plus 5% of total for guests
Multi-family 2 per unit for 2 or more bedrooms plus 2% of total for
guests.
Senior citizen dwellings/apartments 0.5 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, e.g., 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 and loan, etc. 2.5 per 1,000 gross square feet
Barber shop and beauty shops 2 per station
Carpenter shop 1 per 600 gross square feet
Carwash 1 per employee, 2 spaces per stall for drying purposes
Day care, child and adult 1 per employee, plus 1 per 10 children or adults
Dry cleaning, linen, laundry 1 per 500 square feet, plus 1 per employee
Part 15.700 Community and Project Design Standards Page 17 of 57
Funeral home 1 per 4 seats or 8 lineal feet of bench in chapel area
Hospital 1 per 4 patient beds, plus 1 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 AND 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 square feet of 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 preschool 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
Part 15.700 Community and Project Design Standards Page 18 of 57
15.715.040 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, unless authorized by the Director.
Businesses located within a C-1 Central Business District and C-1A Commercial
Transitional Zone shall be exempt from the parking requirement.
15.715.050 Bicycle Facilities Standards.
A. Bicycle Parking Spaces. Off-street parking areas shall contain at least one (1) bicycle
parking space for every twelve (12) spaces required for motor vehicles except as
follows:
1. If there are less than twelve (12) 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.
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. Location of Bicycle Parking. All bicycle parking shall be located on the ground level and
within one hundred feet (100’) of the building entrance, shall be located in safe, visible
areas (i.e., 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 1.
C. Required Improvements. 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 (2) places.
3. Bicycle parking shall not encroach upon the five foot (5’) 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 2.
6. Variations may be allowed if it the intent of subsections (C)(1) through (C)(4) of this
section are met. Requests may be submitted to the Department.
Part 15.700 Community and Project Design Standards Page 19 of 57
15.715.060 Specific Loading Requirements.
A. General Loading Requirements. Other than those listed in subsection B of this section,
commercial, industrial, and public utility uses shall provide truck loading and unloading
space as follows:
Table 15.715.060(A) General Loading
Requirements
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. Special Loading Requirements. 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:
Table 15.715.060(B) Special Loading
Requirements
Square Feet of Floor Area No. of Spaces Required
Less than 30,000 1
30,001-100,000 2
100,001 and over 3
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.
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. Restriction on Use. 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.
15.715.070 ADA Accessibility. 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 (1) parking space for the purposes of calculating required parking
15.715.080 Development and Maintenance.
A. Parking Improvements. Every parcel of land hereafter used for parking purposes shall
be developed and permanently maintained in accordance with the following
requirements:
1. Surfacing.
Part 15.700 Community and Project Design Standards Page 20 of 57
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 on site.
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, 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 (2) family residential are exempt from striping
requirement.
3. Parking Lot Lighting. Any lighting used to illuminate a parking lot shall be directed
and shielded as to not illuminate surrounding properties. Light standards shall not
exceed eighteen feet (18’) 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 (5’) in height is
allowed, subject to review and approval by the Building Official.
B. Low Impact Development (LID). 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.
7. Grading across the lot to encourage runoff flows to drainage areas.
15.715.090 On-Site Drainage for Parking Lots.
A. Best Management Practices. 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 runoff volumes,
prevent flooding, reduce soil erosion, protect water quality, maintain or improve wildlife
habitat, and retain all stormwater on site pursuant to MLMC Section 13.35.030.
Part 15.700 Community and Project Design Standards Page 21 of 57
B. Stormwater Infiltration. 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. Drainage Patterns. 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. Impervious Surface Reduction. 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.
15.715.100 Waivers and Exceptions.
A. Bicycle Parking. The Director may reduce bicycle parking facilities for patrons when it is
demonstrated that bicycle activity is unlikely to occur at that location, provided bike
rack parking is not completely eliminated.
B. Minimum Parking Spaces. 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 Director may approve a reduction of up to fifty
percent (50%) 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 (15) times a
year. All parking areas for which paving is waived shall meet the minimum requirements
of the State Building Code. All parking areas shall be constructed with proper drainage.
D. Existing Building. When an existing building is occupied by a new use which would
require greater parking or loading space than is provided, the Director may waive the
additional parking requirement provided the Director finds existing development
renders compliance with the requirement impractical.
15.715.110 Electric Vehicle Charging Station Standards.
A. Parking spaces designated for electric vehicle charging shall be included in the
calculation of the number of off-street parking spaces provided pursuant to this
Chapter.
B. Each electric vehicle charging station space shall be posted with signage indicating the
space is for electric vehicle charging purposes. Signage should include identifying
voltage and amperage levels, time of use, fees, safety or other information. See
examples below of typical signage:
Part 15.700 Community and Project Design Standards Page 22 of 57
C. Installation of wayfinding signs should be conveniently located to effectively guide
motorists to the charging station space(s). Such signs shall comply with this sign
standards.
D. Where charging station equipment is provided adjacent to a pedestrian circulation area,
such as a sidewalk or accessible route to the building entrance, charging equipment
shall be located so as not to interfere with accessibility requirements of WAC 51-50-005,
as amended.
E. Alternative Parking Bonus. The addition and/or inclusion of electric vehicle parking
spaces will receive a bonus of a reduction of 20% from the overall parking requirement.
F. Battery exchange stations shall store all batteries in an enclosed building. No outdoor
storage is permitted. All batteries that are beyond their useful life shall be recycled or
disposed of in accordance with requirements established by the State Department of
Ecology, State Department of Transportation, and the Environmental Protection Agency.
Part 15.700 Community and Project Design Standards Page 23 of 57
Chapter 15.720
LANDSCAPING AND BUFFERING
Sections:
15.720.020 010 Applicability.
15.720.020 General Landscaping Requirements.
15.720.030 Residential Landscaping.
15.720.030 040 Buffer Landscaping.
15.720.040 050 Parking Lot Landscaping.
15.720.050 060 Water Conservation.
15.720.070 Approval of Landscape Plan and Installation of Landscaping.
15.720.080 Prohibited Plants.
15.720.010 Applicability. The provisions of this Chapter regarding landscaping shall apply to all new and
rehabilitated landscaping for:
A. New Development.
1. Commercial and industrial development projects.
2. Developer-installed landscaping in multi-family and single-family residential
projects.Residential subdivision projects.
3. Residential development in any zoning classification, with the exception of building
permit applications for single-family homes and their accessory uses.New residential
construction as part of a subdivision. Residential dwelling unit that revises,
maintains or alters existing landscaping is exempt.
4. Public agency projects.
5. Installation of a new parking lot or structure that includes twenty (20) or more
parking stalls.
B. Expansions and Enlargements.
1. The gross floor area of an existing structure is expanded or enlarged by fifty50
percent (50%) or more, with the exception of single family homes and ADU
additions; or.
2. There is a change of use of the existing building that requires an increase of off-
street parking by 50 fifty percent (50%) or more.; or
15.720.020 General Landscaping Requirements.
A. Landscape Required. A landscape plan with designed landscaped areas shall be
submitted as a part of all development applications where landscaping, buffering, or
screening is required.
1. All submitted landscape plans shall meet the minimum standards as outlined in this
Chapter and shall include the following elements:.
a. Name and address or location of project.
b. Date of the plan.
c. North arrow and scale (standard engineering scale, 1" = 50' or larger).
d. All property lines, rights-of-way, streets, walks, vehicular drives, parking lots,
curbing, existing and proposed structures, building entrances, overhead and
Part 15.700 Community and Project Design Standards Page 24 of 57
underground utilities, freestanding lights, service or loading areas, signs, open
spaces, plazas, and recreation amenities, with materials noted.
e. Proposed location of all trees, shrubs, ground cover, and any proposed or
existing physical elements, such as fencing, walls, curbing, or benches.
f. A legend which shows symbols and types of plant and a plant schedule which
indicates the scientific and common names, quantities, spacing, and sizes at
planting and maturity for all plants in the landscape plan.
g. Location and details of irrigation system. The source of water and type of
irrigation system shall be noted.
i. Location and dimensions of any Critical Areas.
j. A calculation of the square footage of landscaping proposed.
l. Such other submissions consistent with this Chapter as may be required by the
Department.
2. A landscape plan shall be prepared by a person experienced in the selection and
installation of plants. For multifamily projects with five (5) or more units and non-
residential projects with more than twenty thousand (20,000) square feet of gross
floor area, the landscape plan shall be prepared by one of the following: licensed
landscape architect, or Certified Professional Horticulturalist. Landscape and
irrigation plans shall be prepared by a certified landscape architect, Washington
State certified nursery professional, Washington State certified landscaper, or other
qualified person with experience in landscape design as approved by the Director.
Landscaping plans for existing single family dwelling units not associated with
subdivision approved landscaping are exempt from this requirement.
3. The owner and occupant of the property are jointly and severally responsible for
maintaining or assuring the ongoing maintenance of installed landscaping so that
landscaping continues to thrive.
43. Required landscape and buffer areas shall be designed to serve as stormwater
management areas to the maximum extent practicable and consistent with their
required locations and vegetation.
B. Alternative Landscape Design. The Director may approve modifications to the standards
and designs set out in the Chapter if it provides equivalent means of achieving the intent
of this Chapter or is consistent with the surrounding landscaping and meets the
following:
1. The use of native and other drought tolerant plants and trees to retain the unique
character of Moses Lake’s landscape;
2. Conserving water resources by using sustainable design and maintenance
techniques and native and/or adapted plant species that are low water-use and
regionally appropriate;
3. Incorporation into storm water retention and infiltration,
4. Design includes heat and glare reduction;
5. Improving the appearance of development to protect and enhance public and
private investments and property values;
Part 15.700 Community and Project Design Standards Page 25 of 57
6. Establishing an attractive streetscape that contributes to the character and
appearance of the City; and
7. Providing screening to minimize the visual impacts of some types of facilities,
structures, and equipment.
CB. Maintenance. Property owners and occupants of the property with control over
landscaped areas shall be responsible for:
1. Maintaining all landscaping in healthy living conditions.
2. Promptly replacing all dead vegetation with healthy, living plants, in accordance
with standard seasonal planting practices.
DC. Installation of Required Landscaping.
1. Soil preparation. Soil preparation will be suitable to provide healthy growing
conditions for the plants and to encourage water infiltration and penetration per
the landscape plans.
a. All vegetated materials shall be planted in uncompacted soil.
b. If used, weed barriers shall be permeable to optimize stormwater infiltration
and prevent runoff.
c. Soil amendments (organic material) shall also be added and tilled into the soil to
a minimum depth of six (6) inches to increase organic content and improved
water retention, unless demonstrated that existing organic material is greater
than six (6) inches in depth.
2. Mulch. After completion of new planting, all irrigated non-turf areas shall be
covered with a minimum of three (3) inch layer of mulch to retain water, inhibit
weed growth, and moderate soil temperature. Non-porous material shall not be
placed under the mulch. Permitted mulch must be a material of substantial weight
and placed in a manner that will keep it in place.
a. All rock mulch must be angular or crushed, clean or washed landscape gravel,
and be rocks size of two-inch minus, free of fines, unless authorized by the
Director.
b. The use of gravel or crusher fines is prohibited as ground cover for areas defined
as landscaped areas, except for pathways.
c. Pea gravel is not permitted.
d. Decorative rock material shall have a depth of at least two and one-half (2.5)
times the diameter of the rock material, and be placed completely on top of a
weed fabric barrier that allows the permeation of water. Rock material shall not
exceed the height of the sidewalk/trail or the top back of curb when placed
along a public right-of-way.
e. Rock mulch used in planter strips adjacent to a public street with a slope of
eight (8%) percent or greater shall be compacted.
f. Bark and lava rock mulch are prohibited on slopes of eight (8%) percent or
greater and due to weight and erosion concerns.
g. Bark mulch shall have a depth of at least two and one-half (2.5) times the
diameter of the material and shall be chunky. Chunky mulch resembles the
Part 15.700 Community and Project Design Standards Page 26 of 57
mulch found naturally occurring on forest floors. It is made up of uniform grades
of chunky particles that restrict the germination of any wind-borne weed seeds.
The optimum chunky mulch has pieces no smaller than one (1) inch with zero
fines.
h. The final grade of all mulch adjacent to a sidewalk or curb shall be level or
slightly below the height of the sidewalk and curb to prevent erosion loss.
i. Rock mulch shall not be
ED. Irrigation of Landscaping. Where landscaping requires an irrigation system itAny
irrigation system shall be installed in a manner that minimizes the use of water and
eliminates any runoff of water into public right-of-way.
1. The irrigation system shall not spray or irrigate impervious surfaces, including
sidewalks, driveways, driveways, drive aisles, streets, and parking and loading areas.
2. All irrigation systems shall be installed in accordance with the City’s Cross-
Connection Control Program.
FE. Planting In or Over the Public Right of Way. All planting of vegetated material or
installation of any landscaping, buffering, or screening material in the public right of way
shall require prior approval of the City, and shall comply with line of sight requirements
(sight distance triangle). See MLUDC 15.725.010(C).
1. The property owner and occupants of the property with control over landscaped
areas shall be responsible for the maintenance, repairs, or liability for all the
landscaping placed in or over the public right of way.
2. Landscaping installed within a right of way shall be selected and located in a manner
that will not obstruct street signage.
3. Any trees that overhang a public sidewalk shall be trimmed to maintain a nine (9)
foot clearance over the sidewalk. Any trees that overhang a public street shall be
trimmed to maintain a twelve (12) foot clearance over the street surface.
4. Any trees that overhang shared use path and/or activity trail shall be trimmed to
maintain a ten (10) foot clearance over the path or trail.
5. If landscaping installed in the public right of way requires irrigation, any system
proposed shall meet the minimum technical requirements of Subsection EF.
GF. Turf Limitations.
1. The use of turf is subject to and limited by the provisions of this subsection. The turf
limitations imposed by this section are as follows:
Table 15.720.020 – Turf Limitations
Zoning District/Use Use of Turf
Commercial /
Industrial Districts Not permitted in landscaped areas.
Public Districts
Prohibited for ornamental or
decorative purposes, except for
schools, parks, and or cemeteries.
Residential Districts Limited to a maximum of 30% of
Part 15.700 Community and Project Design Standards Page 27 of 57
(single-family) total yard area (front, rear, or side).
Lots with less than 5000 sq ft are
limited to a maximum of 50% of
total yard area.
Residential Districts
(multi-family)
Limited to a maximum of 30% of
landscaped area.
2. The turf limitations contained in this subsection are intended to increase the use of
water efficient vegetation.
3. The maximum amount of turf allowable pursuant to Paragraph 1 may be increased
proportionally by the percentage of water used for irrigation that comes from a
legal and lawful access to alternative water, such as a franchise permit, irrigation
water, etc. The use of water for irrigation of turf is only permissible from a non-
potable source.
HG. Landscaping Materials. Landscaping shall include drought-tolerant and water
efficient plant materials consistent with City guidelines and the turf limitations of
Subsection GF.
15.720.030 Residential Landscaping.
Table 15.720.030 – Residential Landscaping Standards
R-1 Landscaping Standards
Front Yard(1) Maximum Impervious Groundcover(2)(3) 40%
Minimum Front Yard Landscaping(4) 50%
R-2 Landscaping Standards
Front Yard(1) Maximum Impervious Groundcover(2)(3) 50%
Minimum Front Yard Landscaping(4) 50%
R-3 Landscaping Standards
Front Yard(1) Maximum Impervious Groundcover(2)(3) 40%
Minimum Front Yard Landscaping(4) 30%
Notes:
(1) “Front Yard” is defined in MLUDC 15.105.025.
(2) “Impervious Groundcover” is defined in MLUDC 15.105.009.
(3) Impervious Groundcover may exceed 50% where required to allow two
9’x20’ parking spaces per principal unit with a 5’ wide walkway.
(4) Minimum landscaping may be less than 50% where required to allow two
9’x20’ parking spaces per principal unit with a 5’ wide walkway.
15.720.040 Buffer Landscaping.
A. Buffer ZonesLandscaping Required. When adjacent to the uses listed, the subject
property shall provide the type and width of landscaping listed in the table below along
the entire property line between the subject property and the adjacent use, except for
Part 15.700 Community and Project Design Standards Page 28 of 57
vehicular and pedestrian access points. If a building is located in the buffer area, the
landscaping displaced by the building shall be located elsewhere on the site.
Table 15.720.040 Buffer Landscaping
Adjacent Use
Subject Property Use
Residential
Subdivision Multifamily Manufactured
Home Park Commercial Industrial
Freeway or Highway Type I
20’ wide
Type I
20’ wide
Type I
20’ wide
Type II
10’ wide
Type II
10’ wide
Street Frontage Type IV
5’ wide
Type IV
5’ wide
Type IV
5’ wide
Type IV
10’ wide
Type IV
20’ wide
Residential (1/2 dwelling
units) or vacant R-1/R-2 Type II
5’ wide
Type II
10’ wide
Type II
10’ wide
Type I
15’ wide
Multifamily or vacant R-3 Type II
10’ wide
Type III
5’ wide
Type II
10’ wide
Type II
10’ wide
Type I
15’ wide
Manufactured Home Park Type II
10’ wide
Type III
5’ wide Type II
10’ wide
Type I
15’ wide
Commercial or vacant C-1,
C-1A, C-2
Type II
10’ wide
Type II
5’ wide
Type II
10’ wide Type II
10’ wide
Industrial or vacant L-I/H-I Type II
10’ wide
Type I
5’ wide
Type II
10’ wide
Type II
10’ wide
1. The minimum buffer landscaping width along the rear and side yards may be
reduced to an amount approved by the City, but in no case shall it be less than five
feet, if an ornamental wall or fence is constructed in conjunction with the
landscaping required.
B. Landscape Buffer Types.
1. Type I Landscaping. Type I landscaping is a “full screen” that functions as a visual
barrier. This landscaping is typically found adjacent to freeways and between
residential and non-residential areas. Type I landscaping shall consist of:
a. Primarily evergreen or densely branching deciduous trees and shrubs placed to
form a continuous all-season screen at least six feet (6') tall within three (3)
years of planting. Trees and shrubs may be offset or staggered, rather than in a
single line. Other deciduous trees and shrubs may be incorporated for seasonal
interest, provided the screening function of the landscaping is not
compromised. Trees and shrubs shall be spaced so that they will touch or
overlap at mature size.
2. Type II Landscaping. Type II landscaping is a “filtered screen” that functions as a
visual separator between similar uses. This landscaping is typically found between
commercial and industrial uses; between differing types of residential development;
and to screen industrial uses from the street. Type II landscaping shall consist of:
Part 15.700 Community and Project Design Standards Page 29 of 57
a. A mix of evergreen and deciduous trees and medium and/or large shrubs. Trees
and shrubs should be offset or staggered, rather than in a single line. Tree size
refers to size at maturity, and should be chosen based on the ability of the site
to support the size of tree chosen. Large trees should be spaced forty feet (40')
to sixty feet (60') apart, medium trees should be spaced thirty feet (30') to forty-
five feet (45') apart, and small trees should be spaced twenty feet (20') to thirty
feet (30') apart. The minimum number of trees required shall be determined by
dividing the total frontage by the maximum spacing for the size of tree chosen.
Any fraction of a tree shall be rounded up to the next whole number.
b. Required shrubs must achieve a height of four feet (4') within three (3) years.
3. Type III Landscaping. Type III landscaping is a “see-through buffer” to provide visual
relief between compatible uses and to soften the appearance of streets, parking
areas, and building facades. This landscaping is typically found along street
frontages or between apartment developments. Type III landscaping shall consist of:
a. A mix of trees. Tree size refers to size at maturity, and should be chosen based
on the ability of the site to support the size of tree chosen. Large trees should
be spaced forty feet (40') to sixty feet (60') apart, medium trees should be
spaced thirty feet (30') to forty-five feet (45') apart, and small trees should be
spaced twenty feet (20') to thirty feet (30') apart. The minimum number of trees
required shall be determined by dividing the total frontage by the maximum
spacing for the size of tree chosen. Any fraction of a tree shall be rounded up to
the next whole number.
b. A mix of evergreen and deciduous shrubs.
4. Type IV Street Frontage Landscaping. Type IV landscaping is a “see-through buffer”
to provide visual relief and to soften the appearance of streets. Type IV landscaping
shall consist primarily of trees and include the following:
a. Street trees. Tree size refers to size at maturity, and should be chosen based on
the ability of the site to support the size of tree chosen. Large trees should be
spaced forty feet (40') to sixty feet (60') apart, medium trees should be spaced
thirty feet (30') to forty-five feet (45') apart, and small trees should be spaced
twenty feet (20') to thirty feet (30') apart. The minimum number of trees
required shall be determined by dividing the total frontage by the maximum
spacing for the size of tree chosen. Any fraction of a tree shall be rounded up to
the next whole number. Columnar tree varieties shall not be used as street
trees.
b. Shrubs and/or groundcover. Shrubs shall not exceed a height of four feet (4') at
maturity.
5. Exceptions.
a. No additional street frontage landscaping shall be required along East
Broadway, where the existing trees and turf grass are maintained by the City.
Part 15.700 Community and Project Design Standards Page 30 of 57
b. The required landscaping will be turf grass with Armstrong Maple, October
Glory Maple, or a Sunburst Locust as the street trees for the following aesthetic
corridors:
i. SR 171, Broadway Avenue from 1-90 to Highway 17.
ii. Wheeler Road from City Limits to Highway 17.
iii. Pioneer Way from Wheeler Road to I-90.
1. A perimeter buffer zone consisting of landscape planting and screening shall be
provided adjacent to all street rights-of-way and property lines as set forth in Table
15.720.030-1 below.
Table 15.720.030-1 – Perimeter Landscape Buffer Widths
STANDARD RESIDENTIAL
(MULTI-FAMILY) COMMERCIAL INDUSTRIAL RESIDENTIAL
(SINGLE FAMILY)
Minimum Depth
Adjacent to
Right-of-Way
10 feet1 15 feet 15 feet 6 feet
Minimum Depth
– Interior Lots
Lines
6 feet2 8 feet2 8 feet2 0 feet
Notes:
1. The distance shall be from tree center, and may be modified for placement of utilities,
from street safety signs, hydrants and driveways .
2. When adjacent to or across the street from an existing single family residential use or
zoning district, the buffer shall be increased to fifteen (15) feet.
3. When building setbacks are less restrictive, the setbacks shall prevail.
4. Perimeter landscaping is exempt within the sight distance triangle on corner residential
lots and where required planter strips are located within the public right of way.
5. Tree boxes are containment systems that include trees as vegetation. They are similar
to small bioretention cells and are designed to filter or infiltrate stormwater runoff.
Tree boxes typically consist of an engineered soil mix, underdrain, and overflow, and
are connected to the storm sewer system or other stormwater treatment system.
6. Landscaping shall be placed street-ward of any fencing and include gates along the
fence for access and maintenance of landscaping, except as approved by the Director.
2. Residential dwelling unit lots shall have a maximum of fifty percent (50%) front
landscape.
3. Sight distance requirements (sight distance triangle) shall be met.
B. Plant Material. The following are spacing requirements for plant material.
1. The standard planting requirement is as set forth in the figure below. Trees shall be
spaced within the required buffer zones in accordance with Table 15.720.030-2, with
trees to be spaced on center.
Table 15.720.030-2 – Spacing of Trees
STANDAR
D
RESIDENTIA
L
(MULTI-
COMMERCIA
L
RESIDENTIA
L
(SINGLE
Part 15.700 Community and Project Design Standards Page 31 of 57
FAMILY
)
FAMILY
)
Minimum
Trees
(24”
box
minim
um)
1 per 20
linear
feet
1 per 30
linear
feet3
1 per 20
linear
feet1
1 per 30
linear
feet2,3
1 per 30
linear
feet
Notes:
1. Where adjacent to any residential use.
2. Where adjacent to any commercial .
3. Where adjacent to any right-of-way.
4. Tree boxes are containment systems that include trees as vegetation. They are similar to small
bioretention cells and are designed to filter or infiltrate stormwater runoff. Tree boxes typically
consist of an engineered soil mix, underdrain, and overflow, and are connected to the storm sewer
system or other stormwater treatment system.
2. Shrub Requirements. Shrubs are required in all buffer areas, with a minimum of four
shrubs, sized at 5-gallon, required for every tree.
3. Mulch Requirements. Ground covers shall be installed in all landscaped areas in
accordance with mulch above.
B. Utility Boxes & Installations. Clearances shall be approved pursuant to the applicable
utility provider.
15.720.040 050 Parking Lot Landscaping. Parking lot landscaping is separate and distinct from
landscaping buffers.
A. Parking Lot EdgesBuffers.
1. Parking lot landscaping requirements may be met in whole or in part with required
landscaping buffers.
2. Landscape buffers may be crossed by drive aisles connecting to abutting land.
32. No parking is allowed within a required landscape buffer.
B. Parking Lot Interior. At least ten 10 percent (10%) of the parking stall area of lots
containing less than fifty (50) parking or fewer spaces, and at least 15 fifteen percent
(15%) of the parking stall area of lots containing fifty (50) or more parking spaces, shall
be landscaped.
C. Tree Requirements.
1. One (1) tree is required per ten (10) parking spaces.
2. A minimum of four (4) shrubs, sized at least 5 gallons, are required for every tree.
Shrub equivalents shall match the buffer requirements.
3. No parking space may be more than one hundred (100) feet in any direction from a
tree trunk.
D. Location and Dimension of Landscaped Areas.
Part 15.700 Community and Project Design Standards Page 32 of 57
1. The minimum size of tree planters within off-street parking areas shall be sixty (60)
square feet per tree.
2. Planter islands shall be a minimum of ten (10’) feet in width and shall be protected
with curb or wheel stops.
E. Irrigation. Irrigation used in parking lot landscaped areas shall meet the technical
requirements of MLUDC 15.720.020(F).
F. Mulch. Mulch used in parking lot landscaped areas shall meet the requirements herein
for mulch
GE. Parking Lot Illumination. Parking lot illumination shall be considered in placement of
trees, such that the illumination will not be obstructed by the tree, nor will the growth
of tree be obstructed by the illumination structure.
15.720.060 Water Conservation. Landscape areas shall be irrigated in accordance with the Water Use
Standards outlined in MLMC 13.07.060.
15.720.070 Approval of Landscape Plan and Installation of Landscaping.
A. Landscape Plan Approval. After receipt of a complete landscape plan, all development
applications shall be reviewed by the Department for compliance with this Chapter
concurrently with and as a part of the review process of the principal use or structure
and prior to issuance of any permit or approval except subdivisions.
B. Residential Subdivisions. For residential major and short subdivisions, required
landscaping shall be installed at the time each lot is developed, and no Certificate of
Occupancy for the building shall be issued until the landscaping for that lot is installed or
bonded for, as specified in herein.
C. Installation or Security. No Certificate of Occupancy, or final inspection approval if no
Certificate of Occupancy is required, shall be issued until one of the following occur:
1. The required landscaping is installed.
2. A bond or some other form of cash surety acceptable to the City is submitted at a
value of one hundred twenty percent (120%) of the estimated cost to complete the
landscaping according to the approved landscape plan. Upon completion of the
landscape installation, the City shall promptly release the surety. If the required
landscaping improvements are not made within six (6) months of occupancy of the
building, the City may use the surety to install the landscaping.
D. Alternative Landscape Design. The Director may approve modifications to the standards
and designs set out in the Chapter if it provides equivalent means of achieving the intent
of this Chapter or is consistent with the surrounding landscaping and meets the
following:
1. The use of native and other drought tolerant plants and trees to retain the unique
character of Moses Lake’s landscape;
2. Conserving water resources by using sustainable design and maintenance
techniques and native and/or adapted plant species that are low water-use and
regionally appropriate;
Part 15.700 Community and Project Design Standards Page 33 of 57
3. Incorporation of landscaping into storm water retention and infiltration;
4. Design includes heat and glare reduction;
5. Improving the appearance of development to protect and enhance public and
private investments and property values;
6. Establishing an attractive streetscape that contributes to the character and
appearance of the City; and
7. Providing screening to minimize the visual impacts of some types of facilities, structures,
and equipment.
15.720.080 Prohibited Plants.
A. The following trees are prohibited within public right-of-way, including planter strips:
poplar, willow, cottonwood, fruit trees other than ornamental, nut trees, Siberian or
Chinese elm, or any other tree species that may be declared a nuisance by the City for
reasons of disease, exotic characteristics, or impairing or destroying property necessary
to the health, welfare, and safety of the citizens of the City.
B. The following trees are prohibited within one hundred (100) feet of a public sewer:
poplar, willow, elm, cottonwood, or any other tree species with invasive roots.
C. Any plant listed by the Grant County Weed District No. 2 as a noxious weed is
prohibited.
Part 15.700 Community and Project Design Standards Page 34 of 57
Chapter 15.725
FENCES, SCREENING, AND REFUSE STORAGE STANDARDS
Sections:
15.725.010 Fencing.
15.725.020 Refuse Storage.
15.725.010 Fencing. A fence permit issued by the Department is required for all fence construction
regardless of zoning designation. Fence permits are processed under the Type I review.
A. Residential Zoning Districts. The following regulations shall apply to all residential zoning
districts:
a. Front yard fence height: four feet (4’) or less for solid fences and five feet (5’) or less
for non-sight obscuring fences.
b. Side or rear yard fence height: up to six feet (6’) in height.
c. The fence shall be constructed behind the sidewalk, if installed, and shall be setback
from the sidewalk or street, if no sidewalk has been installed, at least eighteen (18)
inches.
cd. Lots with double street frontage may have a fence up to six feet (6’) in height on the
property along right of way for the side not used as a point of access, outside of the
clear view triangle, and setback to the front setback. 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. The property owner shall
provide a ground cover plan for the strip of land as part of the fence permit
application process. The strip of land shall be maintained clear of rubbish and
debris.
de. Fences may be constructed of wood, masonry, chain-link, vinyl, or similar materials
employed by standard building practice. Fences shall not be made of tires or similar
salvage materials not originally designed as structural components of fences or
buildings.
ef. 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 property owner
shall provide a ground cover plan for the strip of land as part of the fence permit
application process. The strip of land shall be maintained clear of rubbish and
debris. 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.
fg. The provisions of this section shall not apply to fences, walls, or shrubbery owned or
maintained by the City, or to fences constructed or maintained by any other
governmental body or agency, for which the principal purpose is inherent to public
safety.
Part 15.700 Community and Project Design Standards Page 35 of 57
B. Nonresidential Zoning Districts. The following regulations shall apply to all zoning
districts and overlays, excluding residential districts:
ia. Fences shall not exceed eight feet in height without a variance.
bii. The height of the fence shall be measured from the base of the fence.
c. The fence shall be constructed behind the sidewalk, if installed, and shall be setback
from the sidewalk or street, if no sidewalk has been installed, at least eighteen (18)
inches.
iiid. Barbed wire may be used for security purposes only on the upper one-quarter of the
fence unless the use is adjacent to a residential zoning district, in which case no
barbed wire shall be allowed on the portion of the fence adjacent to the residential
zoning district. An administrative exception may be granted by the Director for
public utility distribution or transmission facilities seeking relief from barbed wire
requirements.
C. Clearview Triangle. 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
Part 15.700 Community and Project Design Standards Page 36 of 57
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.
D. Electric Fences. Electric fences shall be prohibited in all zones.
E. Fence Maintenance. 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 or in need of repair, including, but not limited
to, broken or missing structural components, or the fence is substantially less than
perpendicular to grade, the Building Official 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.
F. Right-of-Way. The fence shall be constructed to avoid placement over public utilities
and municipal improvements. The City and the public utility companies may remove a
fence located within a City right-of-way for installation, repair, or replacement of
municipal improvements and public utilities without being required to reconstruct the
fence, wall, or hedge. However, the owner may have the fence reconstructed as part of
the project; provided, that the owner pays for all reconstruction costs.
15.725.020 Refuse Storage. The following regulations shall apply to all zoning districts and overlays,
excluding single-family dwellings and single duplex projects. All outdoor trash, garbage, and
Part 15.700 Community and Project Design Standards Page 37 of 57
refuse storage areas shall meet standards for dimensions and access provided by the City-
contracted solid waste collection service, in addition to the following:
A. Shall be located inside a dumpster.
B. Shall not be located in any required street setback area.
C. Shall be located behind buildings when feasible.
D. Shall be placed inside a one hundred percent (100%) sight-obscuring containment area
(excluding alleys), when visible from abutting properties, consisting of slatted fencing
and/or landscaping.
E. Shall be placed inside a one hundred percent (100%) sight-obscuring containment area
(excluding alleys), when visible from a public street, finished with materials similar to
the exterior material of the primary structure.
Part 15.700 Community and Project Design Standards Page 38 of 57
Chapter 15.730
NONCONFORMING USES AND STRUCTURES
Sections:
15.730.010 Applicability.
15.730.020 Benign and Detrimental Nonconformities.
15.730.030 Nonconforming Use.
15.730.040 Nonconforming Structure.
15.730.050 Nonconforming Lots.
15.730.010 Applicability. Any use, structure, lot or other site improvement, which was legally
established prior to the effective date of a land use regulation that rendered it
nonconforming, shall be considered nonconforming if:
A. The use is now prohibited or cannot meet use limitations applicable to the zone in which
it is located; or
B. The use, structure, or lot does not comply with the development standards or other
requirements of the MLUDC.
A change in the required permit review process shall not create a nonconformance.
15.730.020 Benign and Detrimental Nonconformities. The provisions of this Chapter distinguish benign
nonconformities from detrimental nonconformities based on the differing levels of impacts
that the various types of nonconformities may cause to surrounding uses that conform to
the surrounding zoning, land uses, and basic health, safety and welfare.
A. Benign Nonconformity. A nonconformity that does not have a negative impact on the
health and safety of the public but may have an impact on public welfare. Examples may
include not enough landscaping, too few parking spaces, or minimal deviation from
dimensional standards.
B. Detrimental Nonconformity. A nonconformity that has a negative impact on the health
and safety of the public. Examples include uses involving hazardous materials, such as
gasoline, in single-family neighborhoods, uses that produce significant noise, such as
body shops or paint shops, uses that have been deemed incompatible, such as adult
entertainment establishments near schools, or uses that have large trip generation
characteristics such as drive-through restaurants.
The Director shall make a written determination as to whether a nonconformity is benign or
detrimental and include the rationale for such determination. Such determination shall be
subject to Type I permit review processes for purposes of notice and appeal.
15.730.030 Nonconforming Use.
A. Expansion of Nonconforming Uses. No existing building, structure, or land devoted to a
nonconforming use shall be expanded, enlarged, extended, reconstructed, intensified,
or structurally altered unless the use thereof is changed to a use permitted in the
district in which such building, structure, or land is located except as follows: When
authorized by conditional use permit, a benign nonconforming use may be expanded,
Part 15.700 Community and Project Design Standards Page 39 of 57
enlarged, extended, reconstructed, intensified, or structurally altered as long as the
intensity of the benign nonconformity is the same or smaller.
B. Change of Nonconforming Use. When authorized by the Director, a benign
nonconforming use may be changed to a similar use that does not increase the intensity
of impacts on surrounding conforming uses. For example, a change from a benign
nonresidential use in a residential zone to another benign use shall be acceptable.
C. Discontinuance of Nonconforming Use. When a detrimental nonconforming use of land
or a nonconforming use of all or part of a structure is discontinued or abandoned for a
period of twelve (12) months, such use shall not be resumed, notwithstanding any
reserved intent not to abandon such use. Normal seasonal cessation of use, or
temporary discontinuance for purposes of maintenance or improvements, shall not be
included in determination of the twelve (12) month period of discontinuance. Evidence
that such use has been actively available and marketed for sale or lease shall be
considered by the director in determining if a nonconforming use has been
discontinued. The Applicant may request an additional twelve (12) months after the
expiration of the above text from the Director.
D. Reversion to Nonconforming Use. If a nonconforming use is changed to a permitted
use, the nonconforming use shall not be resumed.
E. Residential Exception to Nonconforming Use Status. Legally established residential
uses located in any zoning district shall not be deemed nonconforming in terms of use
and density provisions and shall be a legal use.
15.730.040 Nonconforming Structure. No nonconforming structure may be expanded, enlarged, or
extended where they increase an existing nonconformity. Nonconforming buildings may be
repaired and maintained provided such work does not increase an existing nonconformity.
Reconstruction of a nonconforming building or structure when damaged by fire or other
natural disasters may be constructed within the same footprint and height of the structure
prior to the damage.
15.730.050 Nonconforming Lots.
A. Residential zones. In any residential zone, and in nonresidential zones where single-
family dwellings are permitted, a single-family dwelling and customary accessory
buildings may be erected or modified on any nonconforming lot of record, even though
such lot fails to meet lot area and width requirements of the zone in which such lot is
located; provided, that:
1. Such lot is a legal lot of record; and
2. Such lot is in separate ownership; and
3. The proposed development meets other applicable development standards such as
setbacks and building height.
B. Other Districts. In any other district, permitted building and structures may be
constructed on a nonconforming parcel or legal lot of record, provided applicable
Part 15.700 Community and Project Design Standards Page 40 of 57
development standards such as setbacks, landscaping, and off-street parking
requirements are met.
Part 15.700 Community and Project Design Standards Page 41 of 57
Chapter 15.735
SIGNS
Sections:
15.735.010 Purpose.
15.735.020 Development Permit Required.
15.735.030 Exemptions.
15.735.040 Prohibited Signs.
15.735.050 Sign Permit Applications.
15.735.060 General Provisions.
15.735.070 Calculation of Sign Face Area:
15.735.080 Sign Types Permitted By Zone.
15.735.090 Sign Illumination.
15.735.100 Projection Over the Right-of-Way.
15.735.110 Wall Signs.
15.735.120 Temporary Signs.
15.735.130 Carried Signs.
15.735.140 Directional Signs.
15.735.150 Digital Signs.
15.735.160 Multiple-Building Complexes and Multiple-Tenant Buildings.
15.735.170 Freeway Signs.
15.735.180 Portable Signs.
15.735.190 Nonconforming Signs.
15.735.200 Maintenance of Signs.
15.735.210 Removal of Signs.
15.735.010 Purpose. The purpose of this Chapter is to promote the public health, safety, and welfare
through a comprehensive system of reasonable, effective, consistent, content-neutral, and
nondiscriminatory sign standards and requirements. It has also been adopted to promote
the following:
A. Minimum standards in order to promote traffic safety;
B. Recognition of free speech rights by regulating signs in a content-neutral manner;
C. The free flow of traffic and to protect pedestrians and motorists from injury and
property damage caused by, or attributable to, cluttered, distracting, or illegible signs;
D. Provide consistent and compatible sign design standards; and
E. Adopt understandable regulations which enable the fair and consistent enforcement of
this Chapter.
This Chapter is not intended to restrict speech on the basis of its content, viewpoint, or
message. Any classification of signs herein which purports to permit speech by reason of the
type of sign, identity of the sign user, or otherwise, should be interpreted to allow
commercial or noncommercial speech on the sign. Nothing in this Chapter should be
construed to favor commercial speech over noncommercial speech.
15.735.020 Development Permit Required. No sign governed by the provisions of this Chapter shall be
erected, structurally altered, or relocated by any person, firm, entity, or corporation without
a permit issued by the City unless an exemption applies under this Chapter.
Part 15.700 Community and Project Design Standards Page 42 of 57
15.735.030 Exemptions. The following signs are exempt from the permitting requirements of this
Chapter:
A. Flags. Any flags, subject to the following standards:
1. The maximum flagpole height shall be the maximum structure height of the
underlying zoning district
2. Flagpoles shall meet applicable setback standards for accessory structures.
B. Building Identification Numbers. Building identification numbers as required pursuant
to the Moses Lake Municipal Code or any other City or state regulation.
C. Certain Informational Signs. Memorial signs or tablets, names of buildings, stained glass
windows, and dates of erection when cut into the surface or the facade of the building
or when projecting not more than two inches.
D. Governmental Signs. Signs installed by the City, County, or a federal or State
governmental agency for the protection of the public health, safety, and general
welfare, including, but not limited to, the following:
1. Emergency and warning signs necessary for public safety or civil defense.
2. Traffic or wayfinding signs erected and maintained by an authorized public agency.
3. Signs required to be displayed by law.
4. Signs showing the location of public facilities including public and private hospitals
and emergency medical services.
5. Any sign, posting, notice, or similar sign placed by or required by a governmental
agency in carrying out its responsibility to protect the public health, safety, and
general welfare.
E. Utility Signs. Signs of public utility companies indicating danger or which serve as an aid
to public safety or which show the location of underground facilities.
F. Certain Identification Wall Signs. Flush-mounted wall signs, used to identify the name
and address of the occupant for each dwelling provided the sign does not exceed two
square feet in sign area.
G. Non-Visible Signs. Signs not visible beyond the boundaries of the lot or parcel upon
which they are located, or from any public right-of-way. Any freestanding signs may a
building permit for structural review.
H. Alterations to Sign Face or Copy. Changes to the face or copy of changeable copy signs,
digital signs, electronic messaging signs, provided such changes do not change the
material or appearance of the sign as originally permitted by the City.
I. Repair and Maintenance. The normal repair and maintenance, (painting, repainting,
cleaning) of conforming or legal nonconforming signs that does not involve structural
alteration of the sign or supporting structure.
J. Public Art and Design Features. Sculptures, fountains, mosaics, murals, public art and
design features which do not otherwise constitute a sign.
K. Certain Informational Warning Signs. “No trespassing,” “no dumping,” “no parking,”
“private” signs identifying essential public needs (i.e., restrooms, entrance, exit,
telephone, etc.) and other informational warning signs, which shall not exceed three
square feet in surface area.
L. Illuminated Wall Highlights. Illuminated wall highlights that do not contain words,
logos, or corporate images.
Part 15.700 Community and Project Design Standards Page 43 of 57
M. Interior Signs. Signs or displays located entirely inside of a building and located at least
three (3) feet away from transparent doors and windows.
N. Temporary Signs. Temporary signs on private property or public property meeting the
requirements of MLUDC 15.735.120.
O. Vehicle Signs. Any sign on a vehicle, unless such vehicle is parked or stationed near an
activity for the primary purpose of attracting public attention to such activity or unless
such vehicle or mobile unit is regularly parked in any prominently visible location for the
primary purpose of attracting public attention to the sign.
P. Temporary Window Signs. Any temporary sign taped or otherwise affixed to the inside
of a window, in such a manner as to be easily removed; provided, that the total area of
the sign in any one window does not exceed that as allowed in this Chapter for window
signs and temporary signs.
15.735.040 Prohibited Signs. The following signs are prohibited:
A. Signs on any vehicle or trailer parked on public or private property and visible from a
public right-of-way for the purpose of circumventing the provisions of this Chapter. This
provision shall not prohibit signs painted on or magnetically attached to any vehicle
operating in the normal course of business.
B. Signs purporting to be, imitating, or resembling an official traffic sign or signal by its
color, design, location, or illumination which could cause confusion with any official sign,
or which obstruct the visibility of any traffic, street sign, signal, or pedestrian by glare or
method of illumination.
C. Signs attached to utility, streetlight, and traffic-control poles or facilities, signs attached
to fences owned by the City, or signs placed on trees.
D. Billboards.
E. Flashing signs.
F. Swinging projecting signs.
G. Signs in a dilapidated (i.e., having peeling paint, major cracks or holes, and/or loose or
dangling materials) or hazardous condition.
H. Abandoned signs.
I. Signs on doors, windows or fire escapes that restrict free ingress or egress.
J. Roof signs.
K. Any other sign not meeting the provisions of this Chapter.
15.735.050 Sign Permit Applications. The application for the erection, alteration, or relocation of any
sign subject to the requirements of this Chapter shall include:
A. 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 freestanding sign or signs. The
location of freestanding signs should be shown as dimension lines from nearest lot or
parcel boundaries.
B. 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.
Part 15.700 Community and Project Design Standards Page 44 of 57
C. An inventory of each and every existing sign on the site, including a description of the
sign copy, type of sign, and sign dimensions.
D. The Director may waive the submission of plans, specifications, and calculations when
the structural aspect is of minor importance.
E. A completed application with an inventory of each and every sign that will be erected,
altered, or relocated, and the type of sign.
15.735.060 General Provisions. All signs, including exempt and temporary signs, shall comply with the
following provisions:
A. Construction shall satisfy the requirements of the building code and permanent signs
must be manufactured of durable materials that withstand the effects of water and
wind, as well as meet the following requirements:
1. Paper-faced signs, including vinyl-coated paper and those applied with adhesives,
are not allowed. Canvas or vinyl signs must be durable; and
2. Sign faces made of canvas, fabric, vinyl, or similar pliable materials that are attached
to permanent sign structures must be mounted behind a perimeter frame or trim
cap so that the edges of the sign face are not exposed, except that flags made of
one hundred percent spun polyester are exempt from this requirement.
B. Except for exempt, portable, and temporary signs, all signs shall be permanently
attached to a building or the ground.
C. Signs attached to a building shall not exceed the height of the building, except as
provided in this Chapter.
D. All signs shall comply with the setback requirements set forth in this Chapter, except
when the side or rear yard is a street frontage, then the front setback shall apply.
E. In addition to the sign illumination requirements of MLUDC 15.735.090, lighting directed
on or internal to any sign shall be shaded, screened, or directed so that the light’s
intensity or brightness shall not adversely affect neighboring property or motor vehicle
safety.
F. In addition to the sign illumination requirements of MLUDC 15.735.090, any exterior
lighting must be shielded and directed away from adjoining streets or residential uses.
G. All signs together with their supports, braces, and guys shall be maintained in a safe and
secure manner.
H. The ratio of the area of the sign support, framing structure, or other decorative features
which contain no written or advertising copy to the sign cabinet shall not be greater
than 1:1.
I. No signs shall be placed in the clear view triangle of roadways, driveways, or curb cuts
as established in the MLUDC 15.725.010(C).
J. The construction of temporary signs is limited to the materials described in the
definition of “temporary sign” herein. In addition, a temporary sign must also conform
to the requirements of this Chapter, including, but not limited to, MLUDC 15.735.120.
K. No signs shall be affixed, connected, taped, zip-tied, tied, or otherwise attached to any
City property, including, but not limited to, utility poles, utility boxes, fences, or street
signs. Such signs will be removed by the City.
L. No sign may be placed within the roadway portion of the City right-of-way except as
otherwise permitted with a City right-of-way use or special event permit.
Part 15.700 Community and Project Design Standards Page 45 of 57
M. 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 Chapter 47.42 RCW, entitled
Highway Advertising Control Act – Scenic Vistas Act, and the regulations set forth in
Chapter 468-66 WAC.
15.735.070 Calculation of Sign Face Area. The area of a sign face is the smallest circle, square, or
rectangle that encloses a sign face or the largest plane of a three (3) dimensional sign. The
area of a double-face sign face is the area of a single face. The area of a multiple-face sign
face (other than a double-face sign face) 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 face, except that the area of a cabinet sign or sign in a frame or border shall be based
on the outside dimensions of the cabinet, frame, or border. The area of multiple signs on a
structure, material, space, or device is the sum of the areas of all sign faces. The area of a
sign face with multiple messages is the smallest circle, square, or rectangle that encloses all
of the messages.
15.735.080 Sign Types Permitted By Zone.
Table 15.825.080-1 – Type of Signs, Maximum Height, and Maximum Sign Area Permitted in Non-
Residential Zones
Zone
Types of Signs
Allowed Number of Signs Max. Sign Face Area Max. Sign Height
Commercial
or Mixed
Use
Wall No limit within
maximum sign face area
The total area shall not
exceed 15% of the overall
area of each façade.
Top of Wall
Permanent
Freestanding 1 per street frontage 150 square feet 25 feet
Projecting 1 per street frontage 150 square feet 25 feet
Freeway No limit within
maximum sign face area 350 square feet per site 45 feet
Off-Premises
Directional 1 per business 150 square feet 25 feet
Off-Premises 1 sign 150 square feet 25 feet
On-Premises
Directional No limit 8 square feet 6 feet
Industrial
Wall No limit within
maximum sign face area
The total area shall not
exceed 25% of the overall
area of each façade.
Top of Wall
Permanent
Freestanding 1 per street frontage 150 square feet 25 feet
Projecting 1 per street frontage 150 square feet 25 feet
Freeway
No limit within
maximum sign face area
(Shall comply with Scenic
Vista)
350 square feet per site 45 feet
Off-Premises
Directional 1 per business 150 square feet 25 feet
Off-Premises 1 sign 150 square feet 25 feet
On-Premises
Directional No limit 8 square feet 6 feet
Part 15.700 Community and Project Design Standards Page 46 of 57
Public/Parks
and Open
Space
Wall No limit within
maximum sign face area
The total area shall not
exceed 25% of the overall
area of each façade.
Top of Wall
Permanent
Freestanding 1 per street frontage 150 square feet 25 feet
Projecting 1 per street frontage 150 square feet 25 feet
Freeway No limit within
maximum sign face area 350 square feet per site 45 feet
Off-Premises
Directional 1 per business 150 square feet 25 feet
Off-Premises 1 sign 150 square feet 25 feet
On-Premises
Directional No limit 8 square feet 6 feet
Notes:
Temporary Signs are regulated by MLUDC 15.735.120.
Carried Signs are regulated by MLUDC 15.735.130.
Digital Signs are regulated by MLUDC 15.735.150.
Portable Signs are regulated by MLUDC 15.735.180.
Table 15.825.080-2 – Type of Signs, Maximum Height, and Maximum Sign Area Permitted in
Residential Zones
Development or Use
Type
Types of Signs
Allowed
Number of
Signs
Max. Sign Face
Area Max. Sign Height
Single-Family
Subdivision
Permanent
Freestanding 1 per entrance 25 square feet 5 feet
Multifamily Complex
Permanent
Freestanding 1 per entrance 25 square feet 8 feet
On-Premises
Directional No limit 8 square feet 6 feet
Home Occupation Non-Illuminated
Wall 1 per building 2 square feet Top of Wall
Other Permitted Non-
Residential Use
Permanent
Freestanding 1 per site 25 square feet 8 feet
Non-Illuminated
Wall 1 per building 6 square feet Top of Wall
Part 15.700 Community and Project Design Standards Page 47 of 57
On-Premises
Directional No limit 8 square feet 6 feet
Notes:
Temporary Signs are regulated by MLUDC 15.735.120.
Carried Signs are regulated by MLUDC 15.735.130.
Digital Signs are regulated by MLUDC 15.735.150.
Portable Signs are regulated by MLUDC 15.735.180.
15.735.090 Sign Illumination.
A. General Illumination Standards.
1. For purposes of illumination, all lights attached to a sign in any manner shall not
extend more than five feet from the sign structure.
2. 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.
3. All internally lit signs shall integrate automatic dimming capability that adjusts to
the brightness of ambient light at all times of the day and night subject to the
following brightness limits:
a. Daytime: 8,000 maximum nits.
b. Nighttime: 1,000 maximum nits. This applies between 30 minutes after sunset
and 30 minutes before sunrise.
B. Hours of Illumination. Any illuminated sign located on a lot adjacent to or across the
street from any residential zone and that may be visible within 200 feet of any
residential zone shall not be illuminated between the hours of 10:00 p.m. and 7:00 a.m.
15.735.100 Projection Over the Right-of-Way. A projecting sign is allowed over a sidewalk in right-of-
way in the Commercial and Mixed Use zones 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.
Part 15.700 Community and Project Design Standards Page 48 of 57
15.735.110 Wall Signs. All wall signs shall conform to the following provisions:
A. Wall signs may be painted upon, attached flat to, or pinned away from the wall, but
shall not project more than twelve inches from the wall.
B. The number of wall signs is not regulated; provided, that the total area of the wall
sign(s) may not exceed the area of the wall to which attached.
C. Wall signs shall not extend above the height of the wall to which the wall sign is
attached.
15.735.120 Temporary Signs. All temporary signs shall conform to the following:
A. Prohibited Locations.
1. No temporary sign shall be placed in a required parking space, driveway, or clear
view triangle. See MLUDC 15.725.010(C).
2. No temporary sign may be placed on City-owned property (not including a City right-
of-way) unless in conjunction with an approved special event permit, temporary use
permit, or other permission from the City.
3. No temporary sign shall be placed in the roadway.
B. City Right-of-Way Locations. Temporary signs on the City right-of-way placed outside
the roadway shall comply with the following requirements:
1. Allowed only between the property line and the back of the nearest curb, or where
no curb exists, between the property line and the nearest edge of the pavement.
Signs may not be placed on sidewalks, driveways, or other paved areas designed for
pedestrians or vehicular use.
2. Approval of the abutting landowner is required.
3. Signs on stakes that can be manually pushed or hammered into the ground are
allowed. All other signs are prohibited, unless specifically allowed by a right-of-way
use permit.
4. Signs are limited to four square feet total and three feet in height, from the ground
to the top of the sign.
5. Any temporary sign in the right-of-way that is dilapidated or a nuisance shall be
removed by the person responsible for placement of the sign.
6. The City may allow other signs in a City right-of-way with a right-of-way use permit.
C. Residential Zones. Temporary signs may be placed on property residentially zoned in
accordance with the requirements of this section and the following:
1. One temporary window sign per residential unit not to exceed four square feet is
allowed.
2. Freestanding signs, including post-mounted, stake and portable signs are allowed as
follows:
a. In low density residential zones temporary free-standing signs shall not exceed
four square feet in size and five feet in height, if the sign is post-mounted on the
ground, and not to exceed three feet in height if the sign is stake-mounted or
portable.
b. In medium and high density residential zones temporary free-standing signs
shall not exceed six square feet in size and five feet in height if the sign is post-
Part 15.700 Community and Project Design Standards Page 49 of 57
mounted on the ground, and not to exceed three feet in height if the sign is
stake-mounted or portable.
F. Nonresidential Zones. Temporary signs are allowed in nonresidential zones in
accordance with the requirements of this section and the following:
1. Window signs are limited to fifty percent of the window area.
2. Freestanding signs, including post-mounted, stake and portable signs are limited to
four square feet and five feet in height if the temporary sign is mounted in the
ground, and not to exceed three feet in height if the temporary sign is stake-
mounted or portable.
3. Surface-mounted signs are limited to thirty square feet and must be flatly affixed to
walls or to on-site fences either facing the abutting street or facing inward to the
subject site.
15.735.130 Carried Signs. All carried signs shall conform to the following:
A. Area. A carried sign shall not exceed eight square feet in area, and shall not exceed eight
feet in height when held in place.
B. Zone. Carried signs are permitted only in nonresidential zones.
C. Design. A carried sign shall not be illuminated. Carried signs and persons carrying signs
shall be limited to the hours from dawn until dusk. A carried sign cannot include any
element of a prohibited sign, as described in MLUDC 15.735.040.
D. Locations Allowed. Carried signs must stay at least fifteen feet away from an
unsignalized street or driveway intersection, measured from the edge of the curb
abutting the roadway or edge of the pavement if no curb exists. Carried signs must
remain on the sidewalks adjacent to signalized intersections. In no event may a carried
sign, or the person carrying the sign, impede or interfere with pedestrian or vehicular
traffic.
E. Locations Not Allowed. Carried signs shall not be located in any of the following places:
1. On any public property or within public rights-of-way, other than public sidewalks.
2. In parking aisles or stalls.
3. In driving lanes.
4. On fences, walls, boulders, planters, other signs, vehicles, utility facilities or other
structures.
5. In a location or manner that results in a person with a carried sign physically
interfering with motorists, pedestrians, or bicyclists.
15.735.140 Directional Signs.
A. On-Premises Directional Signs. On-premises directional signs readable from the public
right-of-way may be permitted in accordance with Tables 15.735.080-1 and 15.735.080-
2. On-premises directional signs may contain both directions and the business name or
logo, provided the business name or logo shall not exceed fifty percent of the sign area.
All on-premises directional signs shall meet the general provisions of this section, and
shall not exceed ten square feet per sign face.
B. Off-Premises Directional Signs. Off-premises directional signs readable from the public
right-of-way may be permitted in accordance with Table 15.735.080-1, provided, that:
Part 15.700 Community and Project Design Standards Page 50 of 57
1. Each use located in a zone where off-premises directional signs are allowed is
permitted one off-premises directional sign.
2. The off-premises sign contains only directional information and does not exceed
thirty-two square feet in area nor twenty-five feet in height.
3. The off-premises signs are permanently installed on private property.
4. Only one off-premises sign is permitted on a parcel.
15.735.150 Digital Signs.
A. Maximum Size. The maximum size of a digital sign is fifty percent of the total area of the
sign permitted by Table 15.735.080-1, and no greater than fifty square feet.
B. Density. There may be one digital sign per one hundred feet of street frontage.
C. Zoning. Digital signs are allowed only in nonresidential zones.
D. Motion. Digital signs may have no motions other than the change of the message.
F. Hold Duration. The minimum hold between messages is eight seconds.
G. Illumination. All digital signs must meet the illumination standards set forth in MLUDC
15.735.090.
15.735.160 Multiple-Building Complexes and Multiple-Tenant Buildings.
A. Application. The following provisions shall apply to multiple-building complexes and
multiple-tenant buildings in the Commercial and Mixed Use Zones. Tenants in such
buildings or complexes may also have their own signs in accordance with the provisions
of this Chapter.
B. Number of Freestanding Signs. Each multiple-building complex shall be allowed one
freestanding sign on each street frontage in accordance with Table 15.735.080-1. When
the street frontage is longer than four hundred feet:
1. One additional freestanding sign shall be permitted for each additional four hundred
feet of street frontage or part thereof; or
2. A single, larger freestanding sign can be erected in accordance with Table
15.735.080-1.
If option 1, as set forth in subsection (B)(1) of this section, is selected, no freestanding
sign shall be placed closer than two hundred (200) feet to any other freestanding sign or
exceed the standards in Table 15.735.080-1. These provisions shall also apply to each
multiple-tenant building, unless it is a part of a multiple-building complex. The allowable
freestanding sign(s) may be used to advertise one or more of the uses in the multiple-
building complex or multiple-tenant building.
Part 15.700 Community and Project Design Standards Page 51 of 57
15.735.170 Freeway Signs.
A. Location. A freeway sign may be used to substitute an allowable freestanding sign
where there is more than one street frontage, when the use is within two hundred fifty
feet of the freeway right-of-way.
B. Number of Freeway Signs. Only one freeway sign is permitted on each parcel, multiple-
building complex or for each development, whichever is more restrictive.
C. Uses with Only One Frontage. Uses within the area described in subsection B of this
section with only one street frontage may install a freeway sign in addition to the
permitted freestanding sign.
D. Sign Height. The maximum height for freeway signs is shown in Table 15.735.080-1.
15.735.180 Portable Signs. Portable signs, including sandwich board, trailered and portable pole-
mounted signs, shall comply with the following standards:
A. Zone. Portable signs are allowed only in nonresidential zones.
B. Design and Materials. Portable signs must be designed with durable materials,
otherwise they will be regulated as temporary signs under MLUDC 15.735.120. Portable
signs must be designed to withstand wind and include a heavy weighted base for pole-
mounted signs, and a heavy weight suspended between the opposing faces of a
sandwich board sign. Portable signs cannot be illuminated.
C. Size and Height. Portable signs shall be a maximum of four feet in height and maximum
of three feet in width. When measuring the height, measurement shall be from the
ground to the top of the sign, and shall include any support structure, such as a trailer.
When measuring the width, measurement shall include the full width of the sign and
any support structures.
D. Number. Not more than two portable signs may be displayed per business, per tenant
space. The total square feet of the portable signs per business or tenant space shall not
exceed twenty-four feet in the event two signs are displayed.
E. Location. Portable signs must be located no further than ten feet from the primary
building of the business, or located not farther than ten feet from the site’s driveway
entrance. No portable sign may be located on the City right-of-way, which includes the
sidewalk, without a right-of-way use permit or other permit allowing such use issued by
the City. No portable sign may be located in a clear view triangle or obstruct pedestrian
or vehicular traffic. See MLUDC 15.725.010(C).
Part 15.700 Community and Project Design Standards Page 52 of 57
F. Display Hours. Portable signs may be displayed during business or operating hours only.
15.735.190 Nonconforming Signs. Signs lawfully existing under all codes and ordinances in effect at the
time this Chapter is enacted or amended may continue to be maintained and operated as a
legal nonconforming sign so long as it remains otherwise lawful; provided, that:
A. No sign shall be changed in any manner that increases its noncompliance with the
provisions of the MLUDC.
B. If the sign is structurally altered or moved, its legal nonconforming status shall be
voided, and the sign will be required to conform to the provisions of this Chapter.
Nothing in this section shall be construed to restrict normal structural repair and
maintenance.
C. The sign is not a hazardous or abandoned sign.
D. The sign is not a portable sign, temporary sign, or an illegal sign.
15.735.200 Maintenance of Signs. It is unlawful for any owner of record, lessor, lessee, manager, or
other person having lawful possession or control over a building, structure, or parcel of land
to fail to maintain any signs on the building, structure, or parcel in compliance with this
Chapter and the MLUDC. Signs placed on public property pursuant to this Chapter shall be
maintained by the sign owner. Failure to maintain a sign constitutes a violation of this
Chapter and shall be subject to enforcement.
15.735.210 Removal of Signs. Any vacant or unused sign, support structures, poles, or other remnants
of old signs which are currently not in use, or are not proposed for immediate reuse, shall be
removed. In addition to the remedies of the MLUDC, the Director shall have the authority to
require the repair, maintenance, or removal of any signor sign structure which has become
dilapidated or represents a hazard to the safety, health, or welfare of the public, at the cost
of the sign or property owner in accordance with Chapter 1.20 MLMC.
Part 15.700 Community and Project Design Standards Page 53 of 57
Chapter 15.740
OUTDOOR LIGHTING
Sections:
15.740.010 Applicability.
15.740.020 Exemptions.
15.740.030 Lighting Standards and Guidelines.
15.740.040 Submission of Plans.
15.740.050 Alternative Materials or Methods of Construction or Installation/Operation.
15.740.010 Applicability.
A. All outdoor lighting fixtures that are to be installed on private and public property in
association with any building permit application or subdivision application shall comply
with this Chapter. This Chapter does not apply to interior lighting. Types of outdoor
lighting to which this Chapter applies include, but are not limited to, lighting for:
1. Building and structures including, but not limited to, overhangs and canopies.
2. Recreational areas.
3. Parking lot lighting.
4. Landscape and architectural lighting.
B. The City’s Building Official shall administer and enforce this Chapter.
15.740.020 Exemptions. The following are exempt from the provisions of this Chapter:
A. Traffic control signals and devices.
B. Public street lights; provided, however, public street lights must conform to the
most current version of the City’s Public Works Standards.
C. Temporary emergency lighting (i.e. fire, police, medical personnel, repair workers)
or warning lights.
D. Moving vehicle lights.
E. Navigation lights (e.g. on radio/television towers, microwave towers) or any other
lights where state or federal statute or other provision of the MLUDC requires
lighting that cannot comply with this Chapter. In such situations, lighting shall be
shielded to the maximum extent possible, and lumens shall be minimized to the
maximum extent possible, while still complying with state or federal statute.
F. Seasonal decorations.
G. Outdoor lighting approved by the building official for temporary or periodic events
(e.g. fairs, nighttime construction).
H. Outdoor lighting fixtures installed prior to the effective date of the ordinance
codified in this Chapter.
I. Fossil fuel lights.
15.740.030 Lighting standards and guidelines. The following general standards shall apply to all
nonexempt outdoor lighting fixtures and accent lighting unless specifically noted:
A. Shielding. Outdoor lighting fixtures and accent lighting with 2,000 lumens or more must
be shielded and aimed downward. The shield must mask the direct horizontal surface of
the light source. The light must be aimed to ensure that the illumination is only pointing
Part 15.700 Community and Project Design Standards Page 54 of 57
downward onto the ground surface, with no escaping direct light permitted to
contribute to light pollution by shining upward into the sky.
B. Limitation on Light Trespass. All outdoor lighting fixtures and accent lighting shall be
designed, installed, located and maintained in such a manner that limits light trespass.
C. Accent Lighting. Accent lighting shall be directed downward onto the illuminated object
or area and not toward the sky or onto adjacent properties. Direct light emissions of
such accent lighting shall not be visible above the roof line or beyond the building,
structure, or object edge.
D. Special Object Lighting. Bridge, flag, fountain, statue, monument, similar public artwork,
feature lighting and private street lighting are permitted provided such lighting does not
cause the spilling of direct light to other properties or traveled public ways.
E. Sports Field Lighting. Lighting shall be fully shielded with an allowance of five percent
uplighting. Sports field lighting shall be exempt from the light trespass provisions of this
Chapter; provided, however, such light shall be extinguished when not in use and
fixtures shall be aimed to control light trespass to the extent possible for the mounting
height and required shielding.
F. Lighting within the Industrial Districts. Fixtures shall be aimed to control light trespass
to the extent possible for the mounting height and required shielding. Mounted lighting
height shall not exceed 50 feet.
G. New Nonresidential and Multifamily Lighting Standards. An exterior lighting plan
providing appropriate lighting levels in all areas used by pedestrians or automobiles,
including building entries, walkways, parking areas, circulation areas, and other open
space areas shall be submitted and meet the following standards and guidelines:
1. All public areas shall be lighted with average minimum and maximum levels as
follows:
a. Minimum (for low or non-pedestrian and vehicular traffic areas) of one-half
(0.5) foot-candles;
b. Moderate (for moderate or high volume pedestrian areas) of one to two (2)
foot-candles; and
c. Maximum (for high volume pedestrian areas and building entries) of four (4)
foot-candles;
2. Lighting shall be provided at consistent levels, with gradual transitions between
maximum and minimum levels of lighting and between lit areas and unlit areas.
Highly contrasting pools of light and dark areas shall be avoided;
3. Parking lot lighting fixtures shall be non-glare and mounted no more than twenty-
five (25) feet above the ground, with lower fixtures preferable so as to maintain a
human scale;
4. Pedestrian-scaled lighting (light fixtures no taller than fifteen (15) feet) is required in
areas with high anticipated pedestrian activity ; and
5. Vegetation and landscaping shall be maintained in a manner that does not obstruct
security lighting.
Part 15.700 Community and Project Design Standards Page 55 of 57
Part 15.700 Community and Project Design Standards Page 56 of 57
Part 15.700 Community and Project Design Standards Page 57 of 57
15.740.040 Submission of Plans.
A. Submission Contents. The Applicant for any building permit or subdivision approval
involving outdoor lighting fixtures shall submit with the application evidence that the
proposed work will comply with this Chapter. The submission shall contain but shall not
necessarily be limited to the following:
1. Plans indicating the location on the premises of all proposed newly installed or
relocated outdoor lighting fixtures;
2. Description of all proposed newly installed or relocated outdoor lighting fixtures.
The description may include, but is not limited to, catalog cuts and illustrations by
manufacturers (including sections where required), lamp types, wattages, and initial
lumen outputs; and
3. Photometric data, such as that furnished by manufacturers, or similar showing the
angle of cut-off of proposed newly installed or relocated outdoor light emissions.
B. Additional Submission. The above required plans, descriptions, and data shall be
sufficiently complete to enable the Building Official to readily determine whether
compliance with the requirements of this Chapter will be secured. If such plans,
descriptions, and data cannot enable this ready determination, the Applicant shall
additionally submit such certified reports of tests as will do so; provided, that these
tests shall have been performed and certified by a recognized testing laboratory.
C. Subdivisions. If any subdivision proposes to have installed street or other common or
public area outdoor lighting, submission of the information as described in subsection
(A) of this section shall be required for all such lighting, and the lighting shall comply
with the most current version of the City’s Public Works Standards.
D. Lamp or Fixture Substitution. A change request must be submitted to the Building
Official for approval prior to substitution of any approved outdoor light fixture or type of
light source.
15.740.050 Alternative Materials or Methods of Construction or Installation/Operation. The provisions
of this Chapter are not intended to prevent the use of any design, material, or method of
installation or operation not specifically prescribed by this Chapter, provided any such
alternate has been approved by the Building Official to meet the purpose and intent of this
Chapter.