3025 Misc Amend MLMC 16 17 18 20 ORDINANCE 3025
AN ORDINANCE AMENDING TITLE 16 ENTITLED BUILDING
AND CONSTRUCTION, TITLE 17 ENTITLED SUBDIVISIONS,
TITLE 18 ENTITLED ZONING, AND TITLE 20 ENTITLED
DEVELOPMENT REVIEW PROCESS OF THE MOSES LAKE
MUNICIPAL CODE
Recitals:
1. From time-to-time amendments to the development codes within the City of Moses Lake
Municipal Code (MLMC) are necessary and warranted due to changes in industry
standards, desire to expedite the permit process, and necessary to meet and comply with
State Statues. The varied amendments proposed are limited to the 2022 docket and not a
part of the Growth Management Act Periodic Update (RCW 36.70A.130) –
Comprehensive Plan / Code update.
2. The requested amendments have been processed in compliance with State and Local
regulations and standards.
On June 16, 2022, the Planning Commission held a workshop to review the development code
draft amendments and initiated the amendment process pursuant to MLMC Chapter 19.55.
On October 13, 2022, the Washington State Department of Commerce Request for Review with
an Expedited Review required was transmitted.
On October 27, 2022, the Washington State Department of Commerce granted the Expedited
Review pursuant to RCW 36.70A.106. This state agency review period was reduced to 14 days
from the typical 60-day review period.
The City of Moses Lake issued a SEPA Determination of Non-Significance on October 2, 2022,
regarding this non-project action.
3. Upon due notice, the Planning Commission held a public hearing on December 15, 2022,
to consider and make recommendations on the various code amendments listed within the
Staff report dated December 8, 2022 herein attached. Two members of the public testified
during the Planning Commission public hearing in support of the amendment to allow
ministorage units within the Heavy Industrial Zone. At the close of the public hearing, the
Planning Commission recommended the amendments be forwarded to City Council for
review.
4. The proposed amendments within MLMC 16.02.020 and 16.02.045 further the purpose
statement of MLMC 16.02.010, which states: this chapter is enacted for the purpose of
adopting rules and regulations for the protection of the health, safety and general welfare
of the public governing the creation, construction, enlargement, relocation, conversion,
alteration, repair, occupancy, use, height, court area, sanitation, ventilation, and
maintenance of all buildings and structures within this jurisdiction.
5. The State of Washington has adopted the International Building Code pursuant to Chapter
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19.27 RCW. Compliance with the RCW is required and the statute allows latitude for
local jurisdictions to apply differing applicability thresholds to meet local needs. The
proposed amendments to Title 16 are consistent with the RCW and MLMC.
6. The proposed amendments within MLMC 17.12.150 and 17.18.070 further the purpose
statement within MLMC 17.03.020, which states: this title regulates the subdivision of
land and promotes the health, safety, and general welfare in accordance with standards
established by the City and the State: to prevent the overcrowding of land; to lessen
congestion in the streets and highways; to provide for adequate light and air; to facilitate
adequate provision for water, sewage, park and recreation areas, sites for schools and
school grounds, and other public of land subdivisions and conveyance of properties by
accurate legal description.
7. The proposed amendment is consistent with RCW 58.17 which governs the subdivision of
land. The proposed amendment allows for furthering the desire to expedite permit reviedw
and approval.
8. Public notice and the process for notice is essential in clear and transparent
communication with both the applicant and citizens of Moses Lake. MLMC Chapter 20
provides the standards, criteria and specifications for notice. In part, the proposed
amendments within MLMC 20.07.010, .0202 and 20.09.015 further the purposes of
providing public notice consistent with Chapter 20.
9. Facilities operated by state, county, municipal, or other government agencies need to be
located in a variety of Zoning Districts, particularly emergency services in order to
provide rapid response times throughout the City. The proposed amendments allows for
placement of such in a greater range of zoning districts.
10. According to the Comprehensive Plan Purpose, the Industrial land use designation
supports the industrial, manufacturing, and transportation sectors of the Moses Lake
economy and provides opportunities for land uses requiring large tracts of land and
outdoor facilities.
11. Goal 3.5 of the Land Use Element of the Comprehensive Plan states “Encourage the
development of diversified industrial and manufacturing activities to provide employment
and strengthen the economy and tax base.” Mini Storages support the economy stability of
the community.
12. Mini Storage should be encouraged outside of Commercial Zoning and into Light and
Heavy Industrial Zoning Districts. The use is allowed in Light Industrial Zoning and this
amendment recognizes the use appropriate to Heavy Industrial Zoning.
13. Allowing Mini Storage within MLMC18.040 E supports the Goals of the Comprehensive
and encourages the use in an appropriate District – Heavy Industrial.
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS
FOLLOWS:
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Section 1. Title 16 of the MLMC titled “Building Permits” is amended as follows:
Chapter 16.02
BUILDING PERMITS
Sections:
16.02.010 Purpose of Chapter.
16.02.020 Building Codes Adopted.
16.02.030 Filing of Copies of Codes.
16.02.040 Unplatted Areas.
16.02.045 Building Prior to Filing Final Plat.
16.02.050 State Building Code Amendments.
16.02.060 Other Code Amendments.
16.02.065 Enforcement.
16.02.070 Building Permit Application.
16.02.080 Pole Buildings.
16.02.085 Fees.
16.02.087 Investigation Fees – Work Without A Permit.
16.02.090 Notice to Cease Violation.
16.02.100 Revocation of Business License.
16.02.110 Platting Deemed Insufficient - When.
16.02.010 Purpose of Chapter:
This chapter is enacted for the purpose of adopting rules and regulations for the protection of the health,
safety and general welfare of the public governing the creation, construction, enlargement, relocation,
conversion, alteration, repair, occupancy, use, height, court area, sanitation, ventilation, and maintenance of
all buildings and structures within this jurisdiction. (Ord. 2172, 7/27/04; Ord. 2073, 7/23/02)
16.02.020 Building Codes Adopted:
Pursuant to RCW Chapter 19.27 and RCW Chapter 35.21 the state building code is established. Effective July 1,
2004, the following appendixes to the state building code are adopted for use within the city:
A. The following International Building Code Appendixes are hereby adopted:
1. Appendix C, Agricultural Buildings.
2. Appendix I, Patio Covers and,
3. Appendix J, Grading when:
a. Grading involves more than 5,000 500 cubic yards, and/or
b. Regulated by either Chapter 19.03 or 19.06 of this Code, and/or
c. Regulated by City of Moses Lake Shorelines Management Master Plan.
B. The following International Residential Code Appendices Appendix G, Swimming Pools, Spas, and Hot Tubs,
is are hereby adopted.
Appendix AH, Patio Covers
Appendix AQ, Tiny Houses
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C. The State Plumbing Code,
1.Chapter 7 Part II, Building Sewers is hereby adopted.
2. Appendix E, Manufactured/Mobile Home Parks and Recreational Vehicle Parks, is hereby
adopted.
D. Additionally, the following codes are adopted. Those codes and the state building code are to be
administered, subject to the modifications and/or amendments set forth in Section 16.02.050 and 16.02.060.
1. The Uniform Code for the Abatement of Dangerous Buildings, most current edition;
2. The Uniform Housing Code published by the International Conference of Building Officials, most
current edition.
3. The international Swimming Pool and Spa Code, most current edition.
16.02.030 Filing of Copies of Codes:
The city shall maintain on file not less than one (1) copy of the codes adopted in this chapter and the codes
shall be open to public inspection. (Ord. 2172, 7/27/04; Ord. 2073, 7/23/02)
16.02.040 Unplatted Areas:
No building permit or other development permit shall be issued for any lot, tract or parcel of land divided in
violation of Chapter 58.17 RCW or the platting ordinances and regulations of the city. No building permit or
other development permit shall be issued for any unplatted property not otherwise permitted to be issued a
building permit unless the City Council finds that the public interest will not be adversely affected by the
issuance of such a permit. The standards to determine if the public interest will be adversely affected includes
but is not limited to consideration of the installation or existence of adequate sewer and water, conformance
to lot size requirements, existence of street, sidewalk and curb improvements, access to the site, all as
respects the proposed building site and the surrounding area. The City Council may condition the issuance of a
building permit on unplatted land on the installation or completion of such utility, street and sidewalk
improvements or other conditions as the City Council upon recommendation of staff shall deem appropriate.
The City Council shall make the grant of the privilege to build on unplatted land specific as to the proposed
building activity and personal to the applicant. The grant of such privilege shall expire if a building permit is
not obtained within six (6) months of the adoption of the resolution provided for herein unless the applicant
requests and obtains an additional thirty (30) day extension from the Community Development Director. Any
request for the thirty (30) day additional extension must be submitted in writing to the Community
Development Director prior to the expiration of the six (6) month limitation period. The Community
Development Director has the discretion to grant the additional extension only when no significant
development code changes have occurred or will occur during the extension period, there is demonstrable
proof of substantial progress made by the applicant, and the request serves the public health, safety and
welfare. No more than one (1) thirty (30) day additional extension may be granted to any applicant. The City
Council shall only direct the issuance of such a permit by a resolution of the City Council. The following
construction is exempt from City Council resolution:
A. Remodeling of an existing, conforming building.
B. Construction of a temporary structure.
C. Fences
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D. Signs (Ord. 2814, 5/24/16; Ord. 2686, 8/13/13; Ord. 2475, 6/23/09; Ord. 2172, 7/27/04; Ord. 2073, 7/23/02)
16.02.045 Building Prior to Filing Final Plat:
Building permits are allowed to be issued with preliminary subdivision approval prior to filing the final
plat for single-family residential structures after the following conditions are met:
A. The preliminary major plat of the proposed subdivision has been approved by the City Council
Hearing Examiner or the preliminary short plat of the proposed subdivision has been approved by
the Community Development Director.
B. The construction plans for all improvements have been approved by the City Engineer.
C. The site and dwelling(s) shall meet the normal requirements for residential building permits including
MLMC Title 18, Zoning. The owner of the subdivision shall be the applicant for the structure(s).
D. Up to a total of four dwellings are permitted in each subdivision phase. Prior to approval of dwellings
in phases, the prior phase(s) shall be approved, final, and recorded.
E. No detached accessory structures are permitted within this provision.
F. All property corners shall be set by the developer’s surveyor.
G. All zoning setbacks shall be staked from the property line.
H. An all-weather access road approved by the fire marshal has been provided to within one hundred
fifty (150) linear foot of exterior wall on the first floor of each building.
I. Improvements required by MLMC Title 12, Streets, Sidewalks, and Public Places that serve the
dwelling(s) shall be completed in accordance with the accepted engineering plans prior to final
inspection and issuance of a Certificate of Occupancy for dwellings.
J. Fire hydrants shall be installed, approved and accepted before any combustible material, other than
foundation forms, is delivered to the site.
K. Prior to final plat or final short plat approval, the subdivider shall submit supplemental
documentation that the dwelling(s) and any appurtenant/accessory structures were constructed
within the boundaries of the proposed lot(s) and said structures comply with all applicable
development and dimensional standards.
L. There shall be no sale of dwelling(s) prior to recording of the final plat or final short plat.
M. No dwelling shall be inhabited as a residence prior to recording of the final plat or short plat and
issuance of a Certificate of Occupancy. One (1) model dwelling may be used as a temporary marketing
center/office after final inspection and issuance of a Temporary Certificate of Occupancy. Other
dwellings may be furnished and decorated to show the general public after final inspection and
issuance of a Temporary Certificate of Occupancy.
N. C. A performance bond, or other secured method approved by the City Attorney, has been approved by
the Community Development Director in the amount of one hundred fifty percent (150%) of the cost
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of completing all the remaining improvements that are required by the Moses Lake Municipal Code
and the Community Street and Utility Standards, and filing the final plat.
16.02.050 State Building Code Amendments:
The following amendments to the State Building Code are adopted and apply within this jurisdiction:
A. Sections 105.1.1 and 105.1.2, of the IBC, are not adopted.
B. Section 105.2 (1), of the IBC and the IRC, is amended to read as follows: 1. One-story detached accessory
structures, provided that only one (1) may be placed on a lot without a permit.
C. Section 105.2 (6), of the IBC and section 105.2(5), of the IRC, are amended to read as follows: 6(IBC) and
5(IRC). Sidewalks, decks and driveways not more than thirty inches (30") (762mm) above grade and not over
any basement or story below and which are not part of an accessible route.
D. There is created a new section 105.2 (11) (10) to the IRC to read as follows: 105.2 (11) (10) Reroofing a
single family dwelling or private garage, provided that no more than twenty-five percent (25%) of the existing
roof sheathing is being replaced.
E. There is created a new section 105.2 (12) (11) to the IRC and Section 105.2 (14) to the IBC to read as
follows: 105.2 (12) (11) IRC and 105.2 (14) IBC Replacing siding over existing siding or exterior sheathing.
F. Section 105.3, of the IBC and the IRC, is not adopted.
G. Section 108.3, of the IBC and the IRC, is amended to read as follows: 108.3 Building Permit Valuations.
The determination of value or valuation under any of the provisions of this code shall be made by the building
official. The value to be used in computing the building permit and building plan review fees shall be the total
value of all construction work for which the permit is issued, as well as all finish work, painting, roofing,
electrical, plumbing, heating air conditioning, elevators, fire-extinguishing systems and any other permanent
equipment.
H. Section 112.1, of the IRC IBC and Section 113.1 of the IBC IRC, is amended to read as follows:
1. General. All references to a Board of Appeals in this code are replaced with references to the city’s
Hearing Examiner. The Hearing Examiner shall hear and decide appeals of orders, decisions or
determinations made by the building official relative to the application and interpretation of this code.
Any request for an appeal shall be accompanied by the required fees for the Hearing Examiner as
established in other ordinances of the city. The Hearing Examiner shall render all decisions and findings in
writing to the appellant with a duplicate copy to the building official.
2. Limitations of Authority. The Hearing Examiner shall have no authority relative to interpretation of the
administrative provisions of this code nor shall the Hearing Examiner be empowered to waive
requirements of this code.
I. Section 112.3, of the IRC IBC and Section 113.3 of the IBC IRC is not adopted.
J. Section 116 of the IBC is not adopted.
K. J. There is created a new section 116 to the IBC and the IRC to read as follows: No person shall move
any existing building or structure within or into the City without first obtaining from the Community
Development Department a relocation permit and a building permit. No person shall effect any demolition of
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any building or structure or any part thereof which is not exempted by Section 105.2 of the International
Building Code without first obtaining from the Community Development Department a demolition permit.
L. K. There is created a new section 117 to the IBC and the IRC to read as follows: Manufactured Home
Placement Permit: No person, firm, or corporation as the owner, buyer, or vendor of a manufactured home or
as manufactured home park management shall cause or permit any manufactured home, commercial coach,
factory-built housing, or commercial structure to be located, placed or set within the corporate limits of the
city without first having secured a proper manufactured unit placement permit.
M. L. WAC 51-56-0100 adopting section 107.0 102.4 of the State Plumbing Code is replaced with the
following new subsection:
Section 107.0. 102.4 Appeals. All references in this Code to the Board of Appeals shall be deemed to
refer to the Hearing Examiner of the City of Moses Lake. The Hearing Examiner shall perform the
function of the Board of Appeals. Any request for an appeal shall be accompanied by the required
fees for the Hearing Examiner as established in other ordinances of the city. The Hearing Examiner
may adopt rules of procedure for conducting his business. Such rules of procedure shall be available
to the public upon request. All decisions shall be in writing and shall be delivered to the appellant as
well as to the city.
N. M. Section 109 of the International Mechanical Code is replaced with the following new subsection:
109.1 All references in this Code to the Board of Appeals shall be deemed to refer to the Hearing
Examiner of the City of Moses Lake. The Hearing Examiner shall perform the function of the Board of
Appeals. Any request for an appeal shall be accompanied by the required fees for the Hearing
Examiner as established in other ordinances of the city. Appeals to the Hearing Examiner shall be
processed in accordance with the provisions contained in Section 109 of this Code. The Hearing
Examiner may adopt rules of procedure for conducting his business. Such rules of procedure shall be
available to the public upon request. All decisions shall be in writing and shall be delivered to the
appellant as well as to the city.
16.02.060 Other Code Amendments:
A. Section 205.1 of the State Code for the Abatement of Dangerous Buildings is replaced with the following
new subsection:
205.1. All references in this Code to the Board of Appeals shall be deemed to refer to the Hearing
Examiner of the City of Moses Lake. The Hearing Examiner shall perform the function of the Board of
Appeals. Any request for an appeal shall be accompanied by the required fees for the Hearing
Examiner as established in other ordinances of the city. Appeals to the Hearing Examiner shall be
processed in accordance with the provisions contained in Section 501 of this Code. The Hearing
Examiner may adopt rules of procedure for conducting his business. Such rules of procedure shall be
available to the public upon request. All decisions shall be in writing and shall be delivered to the
appellant as well as to the city.
B. Section 701.2 of the Uniform Code for the Abatement of Dangerous Buildings is amended to provide:
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Failure to Obey Order. If, after any order of the building official or board of appeals made pursuant
to this code has become final, the person to whom such order is directed, shall fail, neglect or refuse
to obey such order, the building official may (i) cause such person to be prosecuted under Section
701.1 or (ii) institute any appropriate action to abate such building as a public nuisance. For
purposes of enforcement under (B)(ii) of this section, the abatement provisions of either RCW
Chapter 7.48 or RCW Chapter 35.80 may be employed by the city. Any costs incurred by the city in
such abatement shall become a lien against the property where the building is located as provided in
RCW 35A.60.010.
C. Section 1104 of the Uniform Code for the Abatement of Dangerous Buildings is amended to provide:
Section 1104 – Notice to Vacate
1104.1 Posting. Every notice to vacate shall, in addition to being served as provided in Section
1101.3, be posted at or upon each exit of the building, and shall be in substantially the following
form:
DO NOT ENTER
UNSAFE TO OCCUPY
It is unlawful to occupy this building, or to remove or deface this notice. Any person occupying this
building shall be guilty of trespass. Defacing or removing this notice is malicious mischief.
This notice is issued by the order of the City of Moses Lake Building Official
_________________ Date _________________
City Of Moses Lake Official Posting
Violation of this posting is a crime
Call Local law enforcement or contact 766-9235
1104.2 Compliance. Whenever such notice is posted, the building official shall include a notification
thereof in the notice and order issued under Section 1101.2, reciting the emergency and specifying
the conditions which necessitate the posting. No person shall remain in or enter any building which
has been so posted, except that entry may be made to repair, demolish or remove such building
under permit. No person shall remove or deface any such notice after it is posted until the required
repairs, demolition or removal have been completed and a certificate of occupancy issued pursuant
to the provisions of the Building Code. Any person violating this subsection by remaining in or
entering a building shall be guilty of trespass under state law. Any person violating this subsection by
removing or defacing such a notice shall be guilty of malicious mischief under state law.
D. Section 203.1 of the State Housing Code is replaced with the following new subsection:
203.1. All references in this Code to the Housing Advisory and Appeals Board shall be deemed to
refer to the Hearing Examiner of the City of Moses Lake. The Hearing Examiner shall perform the
function of the Board of Appeals. Any request for an appeal shall be accompanied by the required
fees for the Hearing Examiner as established in other ordinances of the city. Appeals to the Hearing
Examiner shall be processed in accordance with the provisions contained in Section 1201 of this
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Code. The Hearing Examiner may adopt rules of procedure for conducting his business. Such rules of
procedure shall be available to the public upon request. All decisions shall be in writing and shall be
delivered to the appellant as well as to the city.
16.02.065 Enforcement:
Enforcement of violations of this chapter shall be done by the Building Official or Code Enforcement Officer, as
appropriate, pursuant to Chapter 1.20. (Ord. 2330, 6/12/07)
16.02.070 Building Permit Application:
A. A valid and fully complete building permit application for a structure, that is permitted under the zoning or
other land use control ordinances in effect on the date of the application shall be considered under the
building permit ordinance in effect at the time of application, and the zoning or other land use control
ordinances in effect on the date of application.
B. To be considered a valid and fully complete building permit application the application shall include, at a
minimum:
1. The legal description, or the tax parcel number assigned pursuant to RCW 84.40.160, as now enacted
or hereafter amended, and the street address, and may include any other identification of the
construction site by the prime contractor;
2. The property owner’s name, address, and phone number;
3. Identify and describe the work to be covered by the permit for which application is made;
4. The prime contractor’s business name, address, phone number, current state contractors registration
number; and
5. Either:
a. The name, address, and phone number of the office of the lender administering the interim
construction financing, if any; or
b. The name and address of the firm that has issued a payment bond, if any, on behalf of the prime
contractors for the protection of the owner, if the bond is for an amount not less than fifty percent
of the total amount of the construction project.
6. Indicate the use or occupancy for which the proposed work is intended;
7. State the valuation of the work for which application is made;
8. Be signed by the owner, or the owner’s authorized agent;
9. Be accompanied by plans, diagrams, computations and specifications and other data to indicate the
location, nature and extent of the work proposed and show in detail that it will conform to the provisions
of all relevant laws, ordinances, rules and regulations;
10. Required plan review fee;
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11. Pursuant to RCW 19.27.097, as now enacted or hereafter amended, each applicant for a building
permit of a building necessitating potable water shall provide evidence of an adequate water supply for
the intended use of the building. Evidence may be in the form of a water right permit from the
department of ecology, a letter from an approved water purveyor stating the ability to provide water, or
another form sufficient to verify the existence of an adequate water supply. In addition to other
authorities, the city may impose conditions on building permits requiring connection to the public water
system.
C. The information required on the building permit application by subsection B 1 through 5 of this section
shall be set forth on the building permit document which is issued to the owner, and on the inspection record
card which shall be posted at the construction site.
D. The information required by subsection B of this section and information supplied by the applicant after
the permit is issued under subsection E of this section shall be kept on record and made available to any
person on request. If a copy is requested, a copy fee may be charged in accordance with City of Moses Lake
policy.
E. If any of the information required by subsection B 5 of this section is not available at the time the
application is submitted, the applicant shall so state and the application shall be processed forthwith and the
permit issued as if the information had been supplied and the lack of the information shall not cause the
application to be deemed incomplete for the purposes of vesting under subsection A of this section. However,
the applicant shall provide the remaining information as soon as the applicant can reasonably obtain such
information.
F. The limitations imposed by this section shall not restrict conditions imposed under Chapter 43.21C RCW.
(Ord. 2172, 7/27/04; Ord. 2073, 7/23/02)
16.02.080 Pole Buildings:
A. A pole building is defined as a wood frame structure which is built using post and beam construction
without concrete footings or foundation.
B. No pole building as defined in section 16.02.080 A shall be constructed or erected in any area or zone of
the City of Moses Lake. (Ord. 2172, 7/27/04; Ord. 2073, 7/23/02)
16.02.085 Fees:
All fees for permits issued pursuant to this Chapter shall be established by a resolution of the City Council.
A. Exception: The fees shall not apply to single family dwellings or duplex dwellings when all the following
conditions are present:
1. The residential structure is constructed for low income families as defined by the Community
Development Director.
2. The structure is being constructed by an organization classified as a 501(c)(3) non-profit organization
by the United States Internal Revenue Service.
B. When submittal documents are required, a plan review fee shall be paid at the time of submitting the
submittal documents for plan review. Said plan review fee shall be 65 percent of the permit fees as
established.
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C. Refunds. The building official may authorize refunding of any fee paid hereunder which was erroneously
paid or collected.
1. The building official may authorize refunding of not more than 80 percent of the permit fee paid
when no work has been done under a permit issued in accordance with this code.
2. The building official may authorize refunding of not more than 80 percent of the plan review fee paid
when an application for a permit for which a plan review fee has been paid is withdrawn or canceled
before any plan reviewing is done.
3. The building official shall not authorize refunding of any fee paid except on written application filed
by the original permittee not later than 180 days after the date of fee payment. (Ord. 2172, 7/27/04; Ord.
2073, 7/23/02)
16.02.087 Investigation Fees – Work Without A Permit:
A. Investigation. Whenever any work for which a permit is required by this code has been commenced
without first obtaining said permit, a special investigation shall be made before a permit may be issued for
such work.
B. Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then
or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this
code. The minimum investigation fee shall be the same as the minimum fee set forth in the resolution
adopting fees for permit issued pursuant to this Chapter. This fee is an additional, punitive fee and shall not
apply to any permit fee that may subsequently be issued. Payment of the investigative fee does not vest the
illegal work with any legitimacy, nor does it establish any right to a permit for continued development of that
project. If the work done remains illegal for 90 days after service of the Stop Work Order, it shall be
considered hazardous.
C. Payment. The payment of such investigation fee shall not exempt any person from compliance with all
other provisions of this code nor from any penalty prescribed by law. (Ord. 2172, 7/27/04; Ord. 2073, 7/23/02)
16.02.090 Notice to Cease Violation:
Any person, firm, or corporation found to be violating any provision of this chapter shall be served by the
Administrative Authority with written notice stating the nature of the violation and providing a reasonable
time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such
notice, correct the violation. No further violation shall be permitted at the location. (Ord. 2172, 7/27/04; Ord.
2073, 7/23/02)
16.02.100 Revocation of Business License:
Failure or refusal to comply with any provision of this Chapter or an order or directive of the Building Official
issued pursuant hereto shall constitute grounds for revocation of the violators city business license following a
hearing as provided in this Code. (Ord. 2330, 6/12/07; Ord. 2172, 7/27/04; Ord. 2073, 7/23/02)
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16.02.110 Platting Deemed Insufficient - When:
A. Property located within the city which is presently platted and which property was platted without the
extension or provision of city water, city sewer, storm sewer, curb, sidewalk, streets or other improvements
through some or all of the lots of the plat shall be deemed to be unplatted for purposes of the issuance of any
development permit or building permit. Any lot so affected shall be permitted to develop and a building
permit will be issued upon the installation of city water, city sewer, storm drains, curbs, sidewalks, streets, and
other improvements to community standards, including fire protection devices, or upon the posting of
security in an amount approved by the city, which is equal to the estimated cost of the extensions and/or
improvements remaining to be installed through the lot, in a form acceptable to the City Attorney to insure
the construction of the required improvements and extensions at the same time as construction of the
building for which the building permit was issued or at the time of the improvement of the affected lot.
B. Any property owner can make application to the City Council for a waiver, deferral, or deviation from or of
the requirement to install improvements. A waiver, deferral, or deviation from or of the requirement to install
improvements shall not be granted unless the City Council finds that because of the nature of the property, its
topography, the conditions or nature of the adjoining areas or the existence of unusual physical conditions,
the requirement to install improvements would cause an unusual and unnecessary hardship on the property
owner. In granting a waiver, deferral or deviation from or of the requirements to install improvements, the
City Council may require such conditions as will secure the objectives of the requirement waived, deferred, or
deviated from or of. Any waiver, deferral, or deviation authorized shall be entered in the minutes of the Moses
Lake City Council together with the circumstances that justify the waiver, deferral, or deviation granted.
Section 2. Title 17 of the MLMC titled “Subdivisions” is amended as follows:
17.12.150 Final Major Subdivision Recommendation and Approval:
The Hearing Examiner shall review the final major subdivision application within the time limits
established by state law for compliance with preliminary subdivision approval, state law, and all other
requirements that were in effect at the time of preliminary subdivision approval, and shall approve or
disapprove the final major subdivision. The City Manager shall sign the subdivision plat map (
17.12.170 Recording Final Major Plat:
A. The following approval signatures are required on approved final plat mylars after all the fees and
payments are accepted, and prior to recording:
1. City Engineer.
2. City Manager for City Council.
3. Hearing Examiner.
17.15.030
XX. Approval statements for major subdivisions shall be included on the last sheet of the plat and read as
follows:
EXAMINED AND APPROVED by the Moses Lake City Engineer on ___________, 20___________.
___________
City Engineer
EXAMINED AND APPROVED by the Hearing Examiner on ___________, 20___________.
___________
Hearing Examiner
EXAMINED AND APPROVED by the City Council City Manager on ___________, 20___________.
___________
Document Ref: 6UAR4-IRTSK-6ZVZ2-WGUFV Page 12 of 17
City Manager
ZZ. The Grant County Treasurer’s Certificate shall be on the last sheet of the plat and read as follows:
Treasurer’s Certificate: I hereby certify that all taxes and assessments now due and payable according to
the records of Grant County, including ___________ advanced taxes, have been fully paid.
______________________
Grant County Treasurer
______________________
Date
Binding Site Plan
17.18.070 Final Recording
A. The applicant shall submit two (2) full-size copies of the record of survey on mylar to the Community
Development Department. Additionally, the applicant shall submit one (1) electronic copy to the
Community Development Director, and one (1) electronic copy to the Grant County Assessor’s office.
B. The Community Development Department shall take the two (2) mylar record of surveys to the Grant
County Auditor after the mylars are signed by the City Manager. One (1) mylar record of survey shall be
conformed by the Grant County Auditor and returned to the City Engineer.
C. Binding site plans are not valid and do not confer any rights or privileges upon the property or its
owners unless the record of survey for a binding site plan bears the approval by the City Manager. (Ord.
2576, 7/27/10; Ord. 2384, 3/25/08; Ord. 2293, 3/27/07)
D. Within one (1) year after the binding site plan is approved, the applicant shall provide all necessary
documents, with notarized signatures of the owners, and all payments and fees that are required with
the binding site plan, to the Plat Administrator. If said documents and fees are not provided to the Plat
Administrator within one (1) year of the binding site plan approval, the binding site plan shall be expired.
Section 3. Title 18 of the MLMC titled “Zoning” is amended as follows:
18.30.030 Land Uses In Commercial Zones Table-
Amend the allowed uses in Commercial Zones Table to permit Municipal Facilities, including
emergency services buildings in the C-2 Commercial Zone by Conditional Use Permit.
18.40 Industrial Zones
18.40.030 Allowed Uses, Table 1: Land Uses In Industrial Zones
Amend the allowed uses in Industrial Zones Table to permit Mini-Storage buildings in the HI-
Heavy Industrial Zone outright.
Section 4. Title 20 of the MLMC titled “Development Review Process” is amended as follows:
20.07.010 Required Public Notice:
A. City Notice of Development Application - Issuance and Contents: The City Zoning Administrator
shall provide a Notice of Development Application to the public and the departments and
agencies with jurisdiction as provided in this section. If the Responsible Official has made a
determination of significance under Chapter 43.21C RCW concurrently with the Notice of
Development Application, the Notice of Development Application shall be combined with the
determination of significance and scoping notice. Nothing in this section prevents a
Document Ref: 6UAR4-IRTSK-6ZVZ2-WGUFV Page 13 of 17
determination of significance and scoping notice from being issued prior to the Notice of
Development Application. The Notice shall include but not be limited to the following:
1. The name of the applicant.
2. Date of application.
3. The date of the notice of completeness.
4. The date of the notice of development application.
5. The location of the project, including legal description and common address or location.
6. A project description.
7. A list of the project permits included in the application and, if applicable, a list of any studies
requested under RCW 36.70B.070 or 36.70B.090.
8. A list of any other requested approvals, actions, and/or required studies and the
identification of other permits not included in the application, to the extent known by the
City.
9. A public comment period not less than fourteen (14) days nor more than thirty (30) days
following the date of notice of application, and statements of the right of any person to
comment on the application, receive notice of and participate in any hearings, request a copy
of the decision once made, and any appeal rights.
10. Identification of existing environmental documents and the location where such documents
can be reviewed.
11. A City staff contact person and phone number.
12.The date, time, place and type of a public hearing if applicable and one has been scheduledA
statement of the preliminary determination, if one has been made at the time of notice, of
those development regulations that will be used for project mitigation and of consistency as
provided in Chapter 20.08.
13. A statement that the decision on the application will be made within one hundred and
twenty (120) days of the date of the notice of completeness.
14. Any other information determined appropriate by the City, such as the City’s threshold
determination, if complete at the time of issuance of the notice of application.
B. Time Frame for Issuance of Notice of Application.
1. The City shall issue a Notice of Development Application within fourteen (14) days of issuing
a notice of completeness under Chapter 20.05.
2. If any open record pre-decision hearing is required for the requested development permit(s),
the Notice of Development Application shall be provided at least fifteen (15) days prior to the
open record hearing.
C. Mailing Notice. The Notice of Development Application shall be mailed to all property owners
as shown on the records of the County Assessor and to all street addresses of properties within
five hundred (500) feet, not including street rights-of-way, of the boundaries of the property
which is the subject of the meeting or pending action. The area of notification may be expanded
as determined by the Community Development Director.
D. Published Notice. The Notice of Development Application shall be published once in the City’s
official newspaper of general circulation in the general area where the proposal is located.
E. Posting: Posting of property for site specific developments shall consist of one or more notice
boards as follows:
1. A single notice board shall be placed by the applicant;
a. At the midpoint of the site street frontage or as otherwise directed by the City for
maximum visibility;
Document Ref: 6UAR4-IRTSK-6ZVZ2-WGUFV Page 14 of 17
b. Five feet (5') inside the property line, except when the board is structurally attached to
an existing building, provided that no notice board shall be placed more than five feet (5')
from the street property without approval of the City;
c. So that the top of the notice board is between seven (7) to nine (9) feet above grade; and
d. Where it is completely visible to pedestrians.
2. Additional notice boards may be required when:
a. The site does not abut a public road;
b. A large site abuts more than one public road;
c. The City determines that additional notice boards are necessary to provide adequate
public notice.
3. Notice boards shall be:
a. Maintained in good condition by the applicant during the notice period;
b. In place at least thirty (30) days prior to the date of the hearing, or at least fifteen (15)
days prior to the end of any required comment period;
c. Removed within fifteen (15) days after the end of the notice period.
4. Removal of the notice board prior to the end of the notice period may be cause for
discontinuance of the City review until the notice board is replaced and remains in place for
the specified time period.
5. An affidavit of posting shall be submitted to the City by the applicant prior to the hearing or
final comment date. If the affidavits are not filed as required, any scheduled hearing or date
by which the public may comment on the application, will be postponed in order to allow
compliance with this notice requirement. Any time required to ensure compliance with this
requirement shall be excepted from the one hundred twenty (120) days pursuant to section
20.09.090.
6. Notice boards shall be constructed and installed in accordance with specifications
promulgated by the City.
E. Categorically Exempt Projects. A Notice of Application shall not be required for development
applications that are categorically exempt under chapter 43.21C RCW, unless a public comment
period or an open record pre-decision hearing is required. (Ord. 2105, 12/23/02)
20.07.020 Notice of Public Hearing:
Notice of a public hearing for all development applications and all closed record appeals shall be given as
follows:
A. Time of Notices. Except as otherwise required, public notification of meetings, hearings, and
pending actions under Titles 14 through 19 shall be made by:
1. Publication at least fifteen (15) fourteen (14) days before the date of a public meeting,
hearing, or pending action in the City’s official newspaper of general circulation; and
2. Mailing at least fifteen (15) fourteen (14) days before the date of a public hearing, or pending
action to all property owners as shown on the records of the County Assessor and to all
street addresses of properties within five hundred (500) feet, not including street rights-of-
way, of the boundaries of the property which is the subject of the meeting or pending action.
Addressed, pre-stamped, envelopes shall be provided by the applicant.
B. Content of Notice. The public notice shall include a general description of the proposed project,
type of permit(s) required, comment period dates, a non-legal description of the property or a
Document Ref: 6UAR4-IRTSK-6ZVZ2-WGUFV Page 15 of 17
vicinity map or sketch, the time, date and place of the public hearing and the place where the
complete application may be reviewed and where further information may be obtained.
C. Continuations. If, for any reason, a meeting or hearing on a pending action cannot be completed
on the date set in the public notice, the meeting or hearing may be continued to a date certain
and no further notice under this section is required.
D. General Procedure for Mailed Notice of Public Hearing. The City Clerk shall issue a sworn
certificate of mailing to all persons entitled to notice under this Chapter. The City may choose to
provide notice to other persons than those required to receive notice under the code. All public
notices shall be deemed to have been provided or received on the date the notice is deposited in
the mail or is personally received, whichever occurs first.
E. Cost of Public Hearing Notice. All costs associated with public notice shall be borne by the
applicant.
F. Joint Hearings.
1. The City Zoning Administrator may combine any hearing on a project permit with any hearing
that may be held by another local, state, regional, federal, or other agency, provided that the
hearing is held within the geographic boundary of the City. Hearings shall be combined if
requested by the applicant, as long as the joint hearing can be held within the time periods
specified in 20.09.090 or the applicant agrees to the schedule in the event that additional
time is needed in order to combine the hearings.
2. The City Zoning Administrator shall cooperate to the fullest extent possible with other
agencies in holding a joint hearing if requested to do so, as long as:
a. The agency is not expressly prohibited by statute from doing so;
b. Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice
requirements as set forth in statute, ordinance, or rule; and
c. The agency has received the necessary information about the proposed project from the
applicant to hold its hearing at the same time as the City’s hearing.
20.09.015 Neighborhood Meetings:
A. The purpose of neighborhood meetings is to:
1. Provide a forum for interested individuals to meet with the applicant to learn about the proposal early
in the review process.
2. Provide an opportunity for meaningful public input.
3. Provide a dialogue between the applicant, citizens, and City officials whereby issues can be identified.
4. Provide an opportunity for applicants to address concerns generated by individuals and incorporate
possible changes.
B. A neighborhood meeting will be required for the following when adjacent to or in residential zoning:
1. Infill development, where the development is substantial or a different use than a majority of the
surrounding built environment;
2. Planned residential developments, PUDs, PURDs;
3. Mixed use developments; and
4. Commercial developments.
C. When a neighborhood meeting is required, it shall be conducted within the City limits by the applicant
prior to submittal of a counter complete application. The applicant shall notify the City of the date and
time of the meeting. Representatives from City staff may be in attendance. The applicant shall mail notice
of the neighborhood meeting to the same individuals to whom notice is required for the notice of
application in Section 20.07.020 at least fourteen (14) calendar days in advance of the meeting. The
applicant shall provide the City with an affidavit of mailing. A sign-in sheet shall be provided at the
Document Ref: 6UAR4-IRTSK-6ZVZ2-WGUFV Page 16 of 17
meeting and a summary of the attendees and comments received by the applicant shall be included in
the application submittal. The neighborhood meeting is designed to provide a free and open discussion of
the project between developers and the public. All discussions, proposals and statements shall not be
considered legally binding.
D. Applicants may choose to hold additional neighborhood meetings in order to provide an opportunity
to address concerns generated, provide additional information, propose changes to plans, or provide
further resolution of issues. If the applicant holds additional meetings, there is no specific requirement of
notice or City attendance. However, the City shall make an effort to attend meetings where appropriate
and when the applicant has notified the City that additional meetings are taking place. (Ord. 2973,
5/25/21)
Section 5. Severability. If any section of this ordinance is found to be unconstitutional or invalid
as written or as applied to any particular person or circumstances, no other section of
the ordinance shall be deemed to be invalid, but rather, should be deemed to have
been enacted independently and without regard to the section affected.
Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days after its
passage and publication of its summary as provided by law.
Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on May 23,
2023.
________________________________________
Don Myers, Mayor
ATTEST:
________________________________
Debbie Burke, City Clerk
APPROVED AS TO FORM:
__________________________________
Katherine L. Kenison, City Attorney
Martinez Swartz Myers Fancher Madewell Eck Skaug
Vote: Aye Aye Aye Aye Aye Aye Aye
Date Published: May 30, 2023
Date Effective: June 4, 2023
Document Ref: 6UAR4-IRTSK-6ZVZ2-WGUFV Page 17 of 17
Signature Certificate
Reference number: 6UAR4-IRTSK-6ZVZ2-WGUFV
Document completed by all parties on:
12 Jun 2023 15:42:35 UTC
Page 1 of 1
Signer Timestamp Signature
Katherine Kenison
Email: kkenison@basinlaw.com
Recipient Verification:
Sent:02 Jun 2023 18:07:06 UTC
Viewed:02 Jun 2023 18:07:31 UTC
Signed:02 Jun 2023 18:07:46 UTC
✔Email verified 02 Jun 2023 18:07:31 UTC
IP address: 173.209.171.7
Location: Moses Lake, United States
Mayor Don Myers
Email: dmyers@cityofml.com
Recipient Verification:
Sent:02 Jun 2023 18:07:06 UTC
Viewed:03 Jun 2023 22:22:42 UTC
Signed:03 Jun 2023 22:23:01 UTC
✔Email verified 03 Jun 2023 22:22:42 UTC
IP address: 67.21.180.215
Location: Moses Lake, United States
Debbie Burke
Email: dburke@cityofml.com
Recipient Verification:
Sent:02 Jun 2023 18:07:06 UTC
Viewed:12 Jun 2023 15:42:13 UTC
Signed:12 Jun 2023 15:42:35 UTC
✔Email verified 12 Jun 2023 15:42:13 UTC
IP address: 63.135.54.162
Location: Moses Lake, United States
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